A/HRC/36/46/Add.2 and overcoming disadvantage. Greater cultural awareness raising among non-indigenous medical professionals is also required. 31. There are also more subtle elements of racism stemming from the failure to recognize the legacy of two centuries of systemic marginalization. The mainstream education system contains inadequate components on Aboriginal and Torres Strait Islander history and the impact of colonization. The non-recognition of the socioeconomic exclusion and the impact of intergenerational trauma on indigenous peoples continue to undermine reconciliation efforts. In order to truly recognize the situation of Aboriginal and Torres Strait Islanders today, there needs to be much greater public awareness of their perspectives on history and the consequences of past policies and legislation, including the long-term damage and rupture of social bonds caused by the forced removal and institutionalization of their children. C. Human rights legislative framework 32. Australia does not have a bill of rights. In view of the ongoing difficulties in harmonizing international human rights obligations in federal, state and territory legislation, the Special Rapporteur considers that a more comprehensive human rights legislative framework would provide stronger protection for the rights of indigenous peoples. 33. The Special Rapporteur notes as positive that developments at the state level are leading the way, notably through the Human Rights Act 2004 of the Australian Capital Territory and the Charter of Human Rights and Responsibilities Act 2006 (Victoria). She was furthermore encouraged to hear that the Human Rights Act 2004 was recently amended to insert a specific provision to protect the cultural rights of Aboriginal and Torres Strait Islanders, with specific reference to the United Nations Declaration on the Rights of Indigenous Peoples. D. Self-determination and participation 34. When Australia officially endorsed the Declaration in 2009, the Government stated its intent to reset relations between indigenous and non-indigenous Australians and to build trust in order to work together to overcome the legacy of the past and shape the future together. Furthermore, in its pledge as part of its candidacy to become a member of the Human Rights Council for the period 2018-2010, Australia committed itself to giving practical effect to the outcome document of the Declaration and the World Conference on Indigenous Peoples. 35. Self-determination is a fundamental element of the Declaration whereby indigenous peoples have the right to determine their political status freely and pursue their economic, social and cultural development freely (art. 3) and have the right to autonomy or selfgovernment in matters relating to their internal and local affairs, and the ways and means for financing their autonomous functions (art. 4). The Declaration also states that indigenous peoples have the right to participate in decision-making in matters that affect their rights (art. 18). 36. While Australia has adopted numerous policies aiming to address the socioeconomic disadvantage of Aboriginal and Torres Strait Islander peoples, the failure to respect their rights to self-determination and to full and effective participation is alarming. The compounded effect of those policies has contributed to the failure to deliver on the targets in the areas of health, education and employment in the “Closing the Gap” strategy and has contributed to aggravating the escalating incarceration and child removal rates of Aboriginal and Torres Strait Islanders. E. Indigenous Advancement Strategy 37. The Special Rapporteur was informed that the “Indigenous Advancement Strategy”, initiated by the Government in 2014, entailed a radical cut of $A534 million to Aboriginal 7

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