Page 1192 - Week 04 - Thursday, 26 March 2015
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Body and the human rights commissioner. I would like to acknowledge and thank the members of the elected body and the commissioner for their support of this important reform.
The bill therefore inserts a new section 27(2) into the Human Rights Act to provide that Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right to maintain, control, protect and develop their cultural heritage and distinctive spiritual practices, observances, beliefs and teachings, their languages and knowledge, and their kinship ties. This includes the right of Aboriginal and Torres Strait Islander peoples to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued. Culture is not defined, and it takes its ordinary broad meaning, which would encompass the language, spirituality, membership, arts, literature, traditional knowledge, customs, rituals, ceremonies, methods of production, among many other aspects of the life of Aboriginal and Torres Strait Islander peoples.
These amendments are supported by a further amendment to the preamble of the Human Rights Act to change a reference to Indigenous people to Aboriginal and Torres Strait Islander peoples, acknowledging that Aboriginal and Torres Strait Islander peoples are not a homogeneous group with a uniform cultural heritage and identity but rather a diverse group with differing histories and aspirations. At present the text of the Human Rights Act makes no reference to Aboriginal and Torres Strait Islander peoples, nor does it acknowledge their distinct culture, heritage and relationships which form the basis for their continuing contribution to the Canberra region.
At a time when the movement for the recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution is gathering support right across Australia, it is important that the government here in the ACT take action so that its own key legal documents acknowledge the unique and distinct culture of the first owners and traditional custodians of the ACT region. The ACT human rights commissioner commented that this proposal would represent only a minor amendment to the Human Rights Act but would be consistent with the recommendations of the You me unity report that the Australian Constitution recognise the continuing culture, language and heritage of Aboriginal and Torres Strait Islander people.
Including the cultural rights of Aboriginal and Torres Strait Islander peoples in the ACT’s Human Rights Act acknowledges the importance of the United Nations Declaration on the Rights of Indigenous Peoples as a template for relationships between the government of the ACT and Aboriginal and Torres Strait Islander peoples in the broader community. That UN declaration was the culmination of decades of work of indigenous peoples and rights institutions from around the world, and the Australian government pledged its support to the declaration in April 2009. In September last year, at a high level plenary meeting of the UN General Assembly known as the World Conference on Indigenous Peoples, representatives from nations around the world reaffirmed their commitment to respect, promote and advance and in no way diminish the rights of indigenous peoples.
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