The Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023 amends the Human Rights (Parliamentary Scrutiny) Act 2011 to require the Parliamentary Joint Committee on Human Rights to assess proposed laws and legislative instruments for compatibility with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Australia endorsed UNDRIP in 2009 but has not formally integrated its standards into the legislative design and review process.
The Bill makes a single substantive change to the Human Rights (Parliamentary Scrutiny) Act 2011 by inserting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as an eighth instrument in the definition of “human rights” at section 3(1). Schedule 1 amends subsection 3(1) to add paragraph (h) naming UNDRIP, renumbers the existing note as “Note 1” and adds “Note 2” identifying the UNDRIP text on the United Nations website. Under the amended Act, any new Bill, disallowable legislative instrument or Act introduced in Parliament must be accompanied by a statement of compatibility that now includes UNDRIP’s rights and freedoms. Consequently, the Parliamentary Joint Committee on Human Rights may consider and report on compliance with UNDRIP when examining bills, legislative instruments, existing Acts and other referrals. The amendments commence the day after Royal Assent.
By including UNDRIP in the definition of human rights, Parliament ensures that legislation affecting Indigenous peoples is assessed against clear standards protecting their inherent freedoms and equality. Early parliamentary scrutiny of free, prior and informed consent requirements reduces discriminatory outcomes and fosters collaborative policy-making. [Judgment]
Although Australia endorsed UNDRIP in 2009, it has not been formally integrated into the law-making process. This amendment closes that gap by obliging the Parliamentary Joint Committee on Human Rights to review proposed laws for compliance with Indigenous rights, enhancing transparency, accountability and respect for First Peoples’ cultural traditions, land rights and self-determination. [Judgment]
While symbolically important, UNDRIP is a non-binding declaration and much of its content overlaps existing human rights treaties already assessed under the Act, making this amendment largely duplicative and potentially confusing about which standards apply. [Judgment]
Requiring the Parliamentary Joint Committee on Human Rights to consider an additional instrument risks slowing the legislative process and increasing drafting complexity without clear practical benefits, diverting time and resources from substantive policy debates. [Judgment]
2023-11-29
Senate
Before Senate
THORPE, Sen Lidia
Unspecified
Indigenous, Democratic Institutions, Discrimination / Human Rights