Walking Together – Human Rights and UNDRIP

Posted on 7 December, 2023 by Ivan

Please enjoy this wonderful article from our friends and project partners at Nalderun. The article was written by Floria Maschek, an ally and member of Friends of Nalderun (FoN). Nalderun is a Dja Dja Wurrung word meaning “all together”.

Walking Together – Human Rights and UNDRIP

Djaara history is embedded in the landscape here and embedded in ‘Country’ as a broader concept. This year I had the privilege of being guided by senior Djaara Elder Uncle Rick Nelson – winding through streets, through coppiced forest, along rocky slopes, and along remnant wetland. Locally this place is sometimes referred to as ‘upside down country’, a reference to the aftermath of mining, but First Peoples history pre colonisation, is still told through the earth, rock, trees and other life and by First Peoples who have survived settler colonialism. Ancient and more recent knowledge is shared and culture is continued.

Djaara are here caring for people and Country, having never ceded sovereignty. I walk with respect for Elders past and present, their efforts towards self determination and the love they put into the young people and future generations.

Human Rights Day, on December 10th, honours the United Nations General Assembly’s adoption and proclamation, in 1948 of the Universal Declaration of Human Rights (UDHR). The day’s theme this year is:

‘Consolidating and Sustaining Human Rights Culture into the Future’

Learning about Australian history over my years growing on this continent, it has long been made clear that Australia, land of the ‘fair go’ as has been so often asserted, did often not reflect the realities of ongoing colonialism. I’ve lived for most of my life in a settler colonial state. Makarrata and conciliation requires that settler colonialists unlearn persistently dominant false narratives, and listen not only stories of survival, but also of culture; what once was, and what still is. Truth Telling requires listening to First Peoples as they continue the culture and resistance of their ancestors, strengthen communities, and share their deep connections to Country.

The UN has long marked the failure of Australia’s national agreement to Close The Gap – gaps which have broadened in many areas since that agreement was made.

While human rights are universal rights, the UN adopted the Declaration of Rights of Indigenous Peoples (UNDRIP) in 2007, having acknowledged that there are specific areas of need affecting the fulfilment of indigenous peoples rights. The very substantial negotiations towards the declaration included voices of indigenous peoples from around the world. UNDRIP was endorsed by the Australian government in 2009 but there is much to be done for Australia to live up to this declaration.

The central themes of UNDRIP include:

the right to self determination
the right to be recognized as distinct peoples
the right to free, prior and informed consent
the right to be free from discrimination

There is a marked need to include UNDRIP in our legal and political systems. The path towards Voice (constitutionally enshrined or not), Treaty and Truth complements the principles embedded in UNDRIP. So far, five Australian states and territories have committed to Treaty processes since the release of the Uluru Statement.

At a state level, the Victoria Voice is marked by the First People’s Assembly, formed in 2019. The need for truth-telling then saw the establishment of the Yoorook Justice Commission in 2021. Processes towards a statewide Treaty and more localised Treaties are also underway.

Djaara (Dja Dja Wurrung People) achieved Registered Aboriginal Party status through self-determination in 2013 when the historic Recognition and the Settlement Agreement with the state government was signed. Through Djaara, many great things have since been accomplished. In November, Djaara celebrated the ten year anniversary of that agreement.

‘Yapenya’ (Dja Dja Wurrung) – to sing, to dance, to gather, to reflect, to celebrate’

‘We are creating positive outcomes for our community, in our local community. When Dja Dja Wurrung People are empowered, great things happen – not just for our own communities, but for all. As we come together in November to celebrate, we do so in honour of our Ancestors, with gratitude for the wisdom of our Elders, and with a profound commitment to creating a brighter path for the next generation.’

Djaara

Links

Australian Human Rights Commission

(Aboriginal and Torres Strait Islander Social Justice)

https://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice

UNDRIP

https://humanrights.gov.au/our-work/un-declaration-rights-indigenous-peoples-1

First Peoples Assembly

Home

Yoorook Justice Commission

Home

Djaara – Settlement Agreement

https://djadjawurrung.com.au/galka-our-organisation/yapenya/

Floria Maschek is an ally and member of Friends of Nalderun (FoN). FoN members are guided by Nalderun Education Aboriginal Corporation and are diverse individuals and representatives of many local community networks, supporting Nalderuns visions and work. Nalderun Education Aboriginal Corporation supports the Aboriginal Community and is led by Aboriginal people while providing many learning and cultural opportunities to the broader community. Nalderun is a Dja Dja Wurrung word meaning “all together”.

More information can be found at www.nalderun.net.au