United Nations Declaration On The Rights Of Indigenous Peoples

704 Words Dec 29th, 2015 3 Pages
According to the United Nations Declaration on the Rights of Indigenous Peoples 2008, that Australia is a signatory to, Article 37 states-
1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with states or their successors and have to have States honour and respect such treaties, agreements and other constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.
Australia’s government has largely chosen to ignore these minimum standards as this declaration is not a legal binding instrument. It creates a quandary in which they negate rights of self-determination under this declaration but try to validate their acquisition of sovereignty (Schulte-Tenckhoff, 2012). Now the push is for Constitutional Recognition of First Australians which pro-sovereignty campaigners view as the last piece of assimilation and loss of Indigenous Sovereignty. In regards to this Gunham Badi Jakamarra [Mark McMurtrie], convenor of the Original Sovereign Tribal Federation clarifies the position against Constitutional Recognition-
“The Crown made its ' intentions in respect of the Tribes clear upon the creation of Section 9 of the United Kingdoms’ statute titled 63 & 64 Victoria Chapter 12, An Act to Constitute The Commonwealth of Australia Act 1900 UK,…

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