UNDRIP TREATIES SIGNED BY AUSTRALIA
The Declaration can be a powerful tool to protect rights, drive change and build a more equal future for Aboriginal and Torres Strait Islander people.
About the Declaration
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the most comprehensive international instrument that recognises and protects the rights of Indigenous peoples globally.
Adopted by the UN General Assembly in 2007, the declaration sets a universal framework for respecting, protecting and fulfilling the rights of Indigenous peoples.
These fundamental and foundational human rights can be categorised into four key principles:
- Self-determination.
- Participation in decision-making.
- Respect for and protection of culture.
- Equality and non-discrimination.
United Nations Declaration on the Rights of Indigenous Peoples
Core Articles
Article 3 – Self-determination
Indigenous peoples have the right to freely determine their political status and pursue development.
Article 4 – Self-government
Right to autonomy in internal/local affairs.
Article 8 – Protection from assimilation
States must prevent destruction of culture and identity.
Article 10 – No forced removal
No relocation without free, prior and informed consent (FPIC) and compensation.
Article 18 – Participation in decision-making
Right to be involved in decisions affecting them.
Article 19 – FPIC requirement
Governments must consult and obtain consent before adopting laws/measures affecting Indigenous peoples.
Articles 25–28 – Land and resources
Rights to:
Maintain spiritual relationship with land
Own, use, control traditional lands
Redress/compensation for dispossession
Article 29 – Environmental protection
Protection of lands and resources from hazardous activities.
Article 32 – Development and resource use
FPIC required before resource development on Indigenous lands.Core Articles
Article 3 – Self-determination
Indigenous peoples have the right to freely determine their political status and pursue development.
Article 4 – Self-government
Right to autonomy in internal/local affairs.
Article 8 – Protection from assimilation
States must prevent destruction of culture and identity.
Article 10 – No forced removal
No relocation without free, prior and informed consent (FPIC) and compensation.
Article 18 – Participation in decision-making
Right to be involved in decisions affecting them.
Article 19 – FPIC requirementGovernments must consult and obtain consent before adopting laws/measures affecting Indigenous peoples.
Articles 25–28 – Land and resources
Rights to:
Maintain spiritual relationship with land
Own, use, control traditional lands
Redress/compensation for dispossession
Article 29 – Environmental protection
Protection of lands and resources from hazardous activities.
Article 32 – Development and resource use
FPIC required before resource development on Indigenous lands.
International Covenant on Civil and Political Rights (ratified)
Key Articles
Article 1 – Self-determination
All peoples (including Indigenous) can determine political status and control natural resources.
Article 2 – Non-discrimination obligation
Rights must be ensured without discrimination.
Article 26 – Equality before the law
Prohibits discrimination, including racial discrimination.
Article 27 – Minority cultural rights
Indigenous peoples can:
Practice culture
Use language
Practice religion
International Covenant on Economic, Social and Cultural Rights (ratified)
Key Articles
Article 1 – Self-determination
Includes control over natural wealth and resources.
Article 11 – Adequate standard of living
Includes housing, food—relevant to land dispossession impacts.
Article 12 – Health
Right to physical and mental health.
Article 13 – Education
Must respect cultural identity.
Article 15 – Cultural rights
Right to:
Take part in cultural life
Protect cultural heritage
RightsConvention on the Elimination of All Forms of Racial Discrimination (ratified)
Key Articles
Article 1 – Defines racial discrimination
Article 2 – Obligation to eliminate discrimination
Includes reviewing laws and policies.
Article 5 – Equality in rights
Covers:
Property ownership
Participation in public life
Access to services
Convention on the Rights of the Child (ratified)
Key Indigenous-Specific Article
Article 30 – Indigenous children’s rights
Indigenous children have the right to:
Enjoy their culture
Practice religion
Use their language
Convention on the Elimination of All Forms of Discrimination Against Women (ratified)
Relevant Articles
Article 2 – Eliminate discrimination against women
Article 14 – Rural women
Important for Indigenous women:
Land access
Participation in development
Living conditions
Convention on the Rights of Persons with Disabilities (ratified)
Relevant Articles
Article 5 – Equality and non-discrimination
Article 21 – Freedom of expression (includes language)
Article 30 – Cultural participation
Protects cultural identity, including Indigenous persons with disabilities.
The 7 Core UN Treaties Australia HAS ratified
LAW OF NATIONS
The development of international law (the "law of nations") was profoundly shaped by Hugo Grotius, Samuel von Pufendorf, and Emer de Vattel. Their works moved international law from a purely theological basis to one rooted in natural law, reason, and state practice, establishing the foundation of the modern state system.
Hugo Grotius (1583–1645)
Often referred to as the "father of international law", Hugo Grotius was a Dutch jurist who created a framework for international law based on natural law and the practices of "civilized" states.
- Key Work: On the Law of War and Peace (De jure belli ac pacis, 1625).
- Key Ideas:
- Natural Law as Basis: He argued that law is based on reason and human nature, holding true even if it were to be assumed that God does not exist.
- Pacta Sunt Servanda: He emphasized the sanctity of treaties and good faith in international relations.
- Law of War: He sought to restrict the legality of war and establish rules for its conduct.
- Context: His work was pivotal during the early 17th-century, preceding the Peace of Westphalia, setting the stage for sovereign state interaction.
Emer de Vattel (1714–1767)
Emer de Vattel was a Swiss jurist and philosopher whose work popularized the principles of the law of nations, particularly in the American colonies, during the 18th century.The National Constitution Center
- Key Work: The Law of Nations (Le Droit des Gens, 1758).
- Key Ideas:
- Natural Law Applied: Vattel focused on applying natural law to the conduct and affairs of nations and sovereigns.
- Sovereign Equality: He pioneered the idea that all sovereign states are equal, regardless of their size or strength.
- Sovereignty and Independence: He detailed the rights of states to self-preservation and the corresponding duties, making it a "law" that states could follow in practice.
- Impact: Vattel’s work was widely used by 18th-century statesmen to justify sovereignty, and it influenced early American law and diplomacy.
Samuel von Pufendorf (1632–1694)
Samuel von Pufendorf was a German philosopher and jurist who developed the "natural law" framework further by focusing on the societal aspect of international law.
- Contribution: Pufendorf challenged some of Grotius's ideas, arguing that natural law is solely based on the requirement of social existence.
- Sovereignty: He developed the idea of the state as a "moral person" (persona moralis) and argued that international law only exists between independent sovereign states, not between individuals in the state of nature.
- Role in International Law: Pufendorf is key for defining the state as an independent entity in a "state of nature" relative to other states.