Understanding Aboriginal Women’s Rights

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

The UNDRIP consists of 46 Articles and was adopted in 2007 by 144 of 159 member states of the United Nations, Australia did not support the Declaration until 2009.²

Resources

• United Nations Frequently Asked Questions – a two-page document that provides an overview of the Declaration, how it was developed and its significance.³
• Australian Human Rights Commission – UN Declaration on the Right of Indigenous Peoples – includes three sections GET IT; KNOW IT and USE IT.⁴

GET IT

UN Declaration on the Rights of Indigenous Peoples – a 10 minute video that provides an overview of UNDRIP in reference to Aboriginal and Torres Strait Islander peoples.

The Community Guide to the UN Declaration on the Rights of Indigenous Peoples – a guide to learn about the Declaration and how the rights can be used everyday.

Abridged version of The Community Guide to the UN Declaration on the Rights of Indigenous Peoples – an abridged version to learn about the Declaration and how the rights can be used everyday.

United Nations Declaration on the Rights of Indigenous Peoples – Booklet Version – a booklet version of the UNDRIP.

United Nations Declaration on the Rights of Indigenous Peoples – Poster – poster that can be printed and displayed that captures all Articles of UNDRIP.

UN Declaration on the Rights of Indigenous Peoples – a 10 minute video that provides an overview of UNDRIP in reference to Aboriginal and Torres Strait Islander peoples.

The Community Guide to the UN Declaration on the Rights of Indigenous Peoples – a guide to learn about the Declaration and how the rights can be used everyday.

Abridged version of The Community Guide to the UN Declaration on the Rights of Indigenous Peoples – an abridged version to learn about the Declaration and how the rights can be used everyday.

United Nations Declaration on the Rights of Indigenous Peoples – Booklet Version – a booklet version of the UNDRIP.

United Nations Declaration on the Rights of Indigenous Peoples – Poster – poster that can be printed and displayed that captures all Articles of UNDRIP.

KNOW IT

Explains the Declaration is categorised into four key principles which can guide application to ensure Aboriginal and Torres Strait Islander human rights are met:

– self-determination;

– participation in decision-making;

– respect for and protection of culture; and

– equality and non-discrimination.

Incorporating UNDRIP into Australian law would kickstart important progress – June Oscar AO (2021) reflects on Australia’s response to the Declaration in comparison to Canada and New Zealand and calls for a co-design process for implementation in Australia.

Reflections: Our Health, Our Way – June Oscar AO (2019) reflects on the violation of Aboriginal and Torres Strait Islander peoples’ human rights and the importance of UNDRIP.

2017 Narrm Oration – June Oscar AO (2017) discusses UNDRIP as one of the four interrelated national issues that needs to be addressed.

USE IT

Discusses the importance of using the language of the Declaration to lobby and foster change.

Ways to use the Declaration include:

– adopting the standards in organisational documentation;

– using it in submissions and letters to governments;

– using it in court matters, media campaigns; and

– quoting specific Articles, eg health, education, native title.

Remember the Declaration:

– comes from international human rights law;

– has bipartisan government support;

– is recognised by Indigenous peoples across the globe;

– was formed under a democratic and transparent process; and

– uses language reflective of a treaty.

Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly on 18 December 1979. The Convention became an international treaty in 1981 and consists of 30 Articles focused on women’s human rights and equality, in particular, civil rights, legal status and reproductive rights.⁵ The Committee on the Elimination of Discrimination against Women (CEDAW) consists of 23 experts who monitor the implementation of the Convention.

Resources

• Committee on the Elimination of Discrimination against Women (CEDAW) – provides an introduction about CEDAW, including links to the current and previous expert membership, and legal obligations of Countries that are party to the treaty.
• CEDAW Quick and Concise – three videos explaining the three main principles of the Convention: non-discrimination, substantive equality and state obligation.
• An Introduction to CEDAW – developed by the UN Women Training Centre, this free five hour self-paced online course aims to support the implementation of CEDAW across the globe. Users need to register before enrolling into the course.
• Women’s Rights are Human Rights – a United Nations and United Nations Human Rights Office of the High Commission special issue publication that outlines international law, commitments, bodies, key concepts and human rights frameworks in practice. An explanation of the Convention is provided on pages 5-7.
• Australian Human Rights Commission – The Convention on the Elimination of all forms of Discrimination against Women – provides an overview of the Convention, including the rights, CEDAW and Optional Protocol. The Optional Protocol was signed by Australia in 2009 which allows individuals to make a claim about the violation of rights under the Convention.⁶
• Mechanisms for advancing women’s human rights: A guide to using the Optional Protocol to CEDAW and other international complaint mechanisms – a detailed guide about using the Optional Protocol to the Convention to redress the violation of women’s rights.
• Australia’s Implementation of the Convention – since Australia signed the Convention in 1980, several important mechanisms have been developed..
  1. The Sex Descrimination Act 1984 (Cth) – prohibits the discrimination of a person based on their sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, pregnancy or breastfeeding.⁷
  2. Sex discrimination – factsheet providing examples of how the Sexual Discrimination Act 1984 should be applied.
  3. Reporting to CEDAW – as part of Australia’s commitment to CEDAW, regular reporting on the implementation of the Convention is provided by state and territory governments, as well as non-government organisations. The following are some of the latest reports that are relevant to Aboriginal and Torres Strait Islander women.

– Eighth periodic government report of Australia (submitted December 2016) – makes reference to Closing the Gap, school funding model, Aboriginal Community Controlled Health Organisations, specific women’s projects, criminal justice and protection.

– National Aboriginal and Torres Strait Islanders Women’s Alliance Submission (2018 CEDAW Shadow Report) – recommendations detail amendment of the Constitution to include CEDAW provisions; investment in housing and support services for Aboriginal and Torres Strait Islander women; and empowerment of Aboriginal women’s organisations to support (and diverge) women and girls in the justice system.

– Australia’s Submission answering Questions on Notice raised at Appearance before the Committee on 3 July 2018 – includes a response to issues impacting Aboriginal and Torres Strait Islander women, in particular the implementation of the Bangkok Rules for women in prison. Reference is also made to consideration of the findings of the Wiyi Yani U Thangani report.

– Kate Jenkins addresses CEDAW in 2018 – video of Sex Discrimination Commissioner Kate Jenkins addressing CEDAW on behalf of the Australian Human Rights.

– Concluding observations (by CEDAW) on the eight periodic report of Australia – 25 July 2018 – areas of concern include the lack of constitutional recognition of First Nations peoples, and as such, Aboriginal and Torres Strait Islander women being deprived of their rights.

– Information received from Australia on follow-up to the concluding observations on its eighth periodic report – 9 February 2021 – includes a response to recognising First Nations in the Constitution to enable Indigenous women to claim their rights, as well as funding measures for specific programs aimed at Aboriginal and Torres Strait Islander women.

– Follow-up on concluding observations of CEDAW – 19 July 2021 – acknowledges Australia’s establishment of a Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander peoples, however notes partially implemented and satisfactory progress and urges expedition of the recognition of First Nations in the Constitution to enable Indigenous women to claim their rights.

Beijing Declaration and Platform for Action

The Beijing Declaration and Platform for Action, a significant global policy for the empowerment of women, was signed in 1995 by 189 governments at the Fourth World Conference on Women in Beijing.⁸ The Platform for Action focuses on 12 areas including, women’s education, health, violence, power and decision-making, human rights and advancement.⁹

Resources

• Videos about the Beijing Declaration and Platform for Action and the broad progress that has been made since 1995.

Empowering Women – Empowering Humanity: Picture it! By UN Women.

25 years of progress and promises for women’s rights by UN Women.

25th Anniversary of the Beijing Declaration and Platform for Action by United Nations Economic and Social Commission for Asia (ESCAP).

What you should know about the Beijing Platform for Action by UN Women.

• Gender equality: Women’s rights in review 25 years after Beijing – a UN Women report on the implementation of the Platform since its adoption in 1995.

Snapshot of important gains since the adoption of the Beijing Platform for Action.

• Five big wins ushered in by the landmark Beijing Platform for Action – an article by UN Women that provides an overview of the Beijing Platform for Action and five key areas – girls’ rights, gender perspectives, violence, conservation and climate action and leadership.
• Welcome to Equiterra, where gender equality is real – Equiterra is a made-up country that has achieved gender equality. Reality checks are provided to show how far actual countries have come since the adoption of the Beijing Platform for Action.
• Twelve small actions with big impact for Generation Equality – twelve simple ways to promote gender equality by UN Women Australia.
• Recent reporting from Australia on the implementation of the Beijing Declaration and Platform for Action.

Working Together for Equality NGO Beijing+25 Review 2019 Australia – a comprehensive report by Australian NGO Beijing+25 Caucus that measures Australia’s progress against the Beijing Platform for Action from 2014 – 2019. Key areas of concern for Aboriginal and Torres Strait Islander women and girls include incarceration, poverty, housing, cashless debit cards, violence, reproductive coercion and intersectional discrimination. Reference is made to Wiyi U Thangani making inroads to understanding the needs of Aboriginal and Torres Strait Islander women and girls.

Beijing+25 National Review Report – Australia’s 2019 report on the implementation of the Beijing Declaration and Platform for Action.

Beijing Platform for Action at 25: Progress, Retreat and the Future of Women’s Rights (2020) – opening address by Sex Discrimination Commissioner Kate Jenkins.

• Session outcomes of the Commission on the Status of Women (CSW) 64 / Beijing+25 (2020).

Political Declaration – the Ministers and representatives of governments reaffirm their commitment to the Beijing Declaration and Platform for Action, recognising its implementation as mutual to the obligations of the Convention on the Elimination of All Forms of Discrimination against Women in achieving gender equality and empowerment of all women and girls.¹⁰ The Declaration welcomes progress of Beijing’s implementation, but also expressed concern that overall progress has not been fast or deep enough.¹¹

Report of the Commission on the Status of Women – highlights the review, appraisal, progress and challenges of the implementation of the Beijing Declaration and Platform for Action, and reaffirms the responsibility of the Commission in promoting, monitoring and coordinating its implementation.¹²

Australian Human Rights Commission. “The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): Sex Discrimination – International Activities.” Accessed August 30, 2022. https://humanrights.gov.au/our-work/sex-discrimination/convention-elimination-all-forms-discrimination-against-women-cedaw-sex.

Australian Human Rights Commission. “Sex discrimination,” Accessed August 30, 2022. https://humanrights.gov.au/our-work/employers/sex-discrimination?_ga=2.210553877.1804325943.1661832738-603110272.1661832738.

Australian Human Rights Commission. “What are human rights?” Accessed August 9, 2022. https://humanrights.gov.au/about/what-are-human-rights#:~:text=They%20are%20based%20on%20principles,choices%20in%20our%20daily%20lives.

Australian Human Rights Commission. “UN Declaration on the Rights of Indigenous Peoples.” Accessed August 9, 2022. https://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice/projects/un-declaration-rights#C4gF8.

Office of the High Commissioner for Human Rights. “Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979”. Accessed August 9, 2022. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women.

United Nations. “Beijing Declaration and Platform for Action Beijing+5 Political Declaration and Outcome”. 1995. Reprint, 2014. https://www.unwomen.org/en/digital-library/publications/2015/01/beijing-declaration.

United Nations. “Indigenous Peoples Indigenous Voices Frequently Asked Questions.” Accessed August 9, 2022. https://www.un.org/esa/socdev/unpfii/documents/faq_drips_en.pdf.

United Nations. “United Nations Declaration on the Rights of Indigenous Peoples.” Accessed August 9, 2022. https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html.

UN Women. “Political Declaration on the occasion of the twenty-fifth anniversary of the Fourth World Conference on Women.” 2020. https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/64/CSW64-Declaration-EN-Fin-WEB.pdf

United Nations. “Report of the Commission on the Status of Women.” 2020. https://documents-dds-ny.un.org/doc/UNDOC/GEN/N20/177/21/PDF/N2017721.pdf?OpenElement.