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