Page 1485 - Week 05 - Thursday, 7 May 2015

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MS BERRY (Ginninderra—Minister for Housing, Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Community Services, Minister for Multicultural Affairs, Minister for Women and Minister assisting the Chief Minister on Social Inclusion and Equality) (11.23): I am pleased to voice my support for the Human Rights Amendment Bill 2015. This bill is a significant step in the protection and promotion of human rights in the ACT. The changes put forward in this bill follow the 2014 review of the Human Rights Act 2004, consultation with the ACT Human Rights Commissioner and consultation with the Aboriginal and Torres Strait Islander Elected Body.

For the first time in Australia this is a bill that acknowledges Aboriginal and Torres Strait Islander people as having economic, social and cultural rights. The proposed amendment to the preamble of the Human Rights Act 2004 to replace “Indigenous people” with reference to “Aboriginal and Torres Strait Islander peoples” may be only a minor change but it is significant and it is supported by the elected body because it acknowledges that Aboriginal and Torres Strait Islander peoples are not a homogeneous group with a uniform culture and heritage and identity but, rather, they are a diverse group with differing histories and aspirations, even here in the ACT and surrounding regions.

In developing these new amendments the government has benefited from the expertise, and considered input of the elected body. I acknowledge and thank the members of the elected body for their advice and support in arriving at these amendments, and I look forward to continuing a valued working partnership with the elected body.

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 people in the broader community. Ensuring consistency with the UN Declaration on the Rights of Indigenous Peoples was also an important priority for the elected body. This bill, therefore, inserts a new section 27(2) into the Human Rights Act 2004 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 recognised and valued the material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs. A basic acknowledgement that the cultural rights of Aboriginal and Torres Strait Islander peoples are and will continue to be observed, respected and upheld is an essential gesture that will facilitate Aboriginal and Torres Strait Islander Canberrans taking a greater leadership role in building stronger communities and improving relationships across both government and the community.

Making these amendments to our Human Rights Act 2004, one of the foundational documents of the ACT legal and justice system, will greatly support the ACT


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