Item 5(d): Human Rights Dialogue with the Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

29 April, 2025

INTERVENTION by the New South Wales Aboriginal Land Council.

Thank you, Madam/Mister Chairperson,

We pay our respects to Elders and Ancestors, past and present, and acknowledge the Indigenous experts and participants here today.

I speak on behalf of the New South Wales Aboriginal Land Council.

While we welcome this dialogue, we must stress the urgency for action as we review progress on General Recommendation No. 39, which highlights the global imperative to realise Indigenous rights.

Australia’s record remains deeply concerning.

Despite formally endorsing the UNDRIP, the Australian Government continues to obstruct the full realisation of Aboriginal peoples’ rights. Systemic barriers to self-determination, land justice, and equality remain entrenched.

NSWALC makes the following urgent calls to the Australian Government:

1st. Deliver full legal recognition and enforceable protection of land rights, consistent with international human rights obligations.

2nd. Embed Aboriginal governance structures within formal decision-making processes—not as mere advisors, but as equal partners shaping policy.

3rd. Act immediately to reduce the gross overrepresentation of Aboriginal people in the criminal justice system, with Aboriginal-led justice initiatives at the core.

4th. Engage transparently with international human rights bodies to ensure the urgent implementation of General Recommendation No. 39.

The current land rights regime is failing our people. While the NSW Aboriginal Land Rights Act has made some progress, the process is painfully slow, and thousands of claims remain unresolved. This delays justice and breaches Australia’s international obligations. The Australian Government must stop dragging its feet and legislate stronger protections in full partnership with Aboriginal governance bodies.

On justice, Australia faces a national disgrace. Aboriginal people are 14 times more likely to be imprisoned and make up almost one-third of the prison population, despite being less than 4% of the total population. This is structural racism. Without bold reforms—justice reinvestment, alternatives to imprisonment, and funding for Aboriginal community-controlled legal services—this crisis will continue.

Rhetoric is no longer enough. We, the First Nations people of Australia, demand action.

We urge the Special Rapporteur and the Expert Mechanism to hold Australia to account and ensure it honours its commitments under UNDRIP and General Recommendation No. 39.

We call on the international community to stand with us as we continue to fight for our inherent rights.

Always Was, Always Will Be.