• Similarly, The Uluru Statement from the Heart was a national Indigenous consensus position on Indigenous constitutional recognition, which came out of a constitutional convention of 250 Aboriginal and Torres Strait Islander delegates. Held at the foot of Uluru in Central Australia on the lands of the Anangu people, the statement called for the establishment of a ‘First Nations Voice’ enshrined in the Australia Constitution and the establishment of a ‘Makarrata Commission’ to supervise agreement-making and truth-telling between governments and Aboriginal and Torres Strait Islander peoples. The Uluru Statement was the culmination of 13 Regional Dialogues held around the country. It comes after many decades of Indigenous struggles for recognition and calls for a stronger voice in their affairs. - however it is not enforceable and largely symbolic • There has also been many ATSI committees from 1970 to the 2018 Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples. These committees also advise parliament • Non-legal response - Recognition Australia, ngo that advocates for constitutional recognition in the form of a preamble • There is also currently talks about a treaty from both the Northern Territory and Victorian governments, which would be legally binding and clearly set out rights and responsibilities.
Contemporary issues concerning Indigenous Peoples- Loss of Cultural rights including language- • The UN State of worlds Indigenous peoples report defines culture as “that complex whole which includes knowledge, belief, art, morals, law, custom , and any other capacities and habits acquired by man as a member of society” • Culture and language has been restricted in order to assimilate through statue such as Indian Act 1927 which restricted the language of Canada’s first peoples • Legal International Responses - UN Declaration on the Rights of Indigenous Peoples Art 31, Convention on the Protection and Promotion of the Diversity of Cultural Expressions Art 7, and International Covenant on Civil and Political Rights Art 27 which state Indigenous peoples rights to control, own and manage their traditional knowledge and creativity are recognised, although in practice they remain difficult to implement and that Indigenous peoples have the right to use and preserve their languages and States should respect this right • UNESCO has two conventions relevant to indigenous knowledge and cultural protection: Convention for the Safeguarding of Intangible Cultural Heritage (2003) and Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) – but UNESCO was criticised for lack of consultation and inclusion of indigenous peoples in the drafting of these conventions.
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- Fall '19
- Universal Declaration of Human RIghts, Rights of Indigenous Peoples