George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

My question is directed to the Minister representing the Minister for Foreign Affairs, Senator Faulkner. Is it still the intention of the government that Australia become a signatory to the United Nations Declaration on the Rights of Indigenous People?

John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank Senator Brandis very much for that particular question. It is of course an issue that is of critical importance to the government and to Indigenous peoples. Can I say that the government does support the principles underlying the Declaration on the Rights of Indigenous Peoples, which covers broad subject matter and is of great importance, as I have said, to Indigenous peoples. This support needs to be seen in the context of Australia’s domestic law and also our international legal obligations.

The government is now consulting across the breadth of the issues that are contained in the declaration. I can say to Senator Brandis and, through you, Mr President, to the Senate, in relation to the issue of the Northern Territory emergency response, which has been raised, as Senator Brandis knows, in relation to the Declaration on the Rights of Indigenous Peoples, that, while the government is still considering the implications of the declaration, including in the context of the emergency response, we do support the importance of consultation and discussion with Indigenous peoples and have significantly increased our engagement.

I will give an example, if I can, to the Senate. The Prime Minister met key Indigenous leaders in Darwin in December last year and has announced his intention to meet with that group regularly. As Senator Brandis would be aware, as a declaration attached to a General Assembly resolution of the United Nations, this is an aspirational declaration. It has of course a political and moral force, but it is my understanding that it has no legal effect.

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Does it follow from the honourable senator’s answer that the government has yet to make a decision that Australia will sign the declaration? Has the government taken legal advice concerning any domestic implications of Australia adopting the declaration?

John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

In relation to Senator Brandis’s supplementary question, I am certainly aware that the Minister for Foreign Affairs indicated last month that the government was positively disposed to the declaration. I am not aware of any further comments that the minister might have made.

Rod Kemp (Victoria, Liberal Party) Share this | Link to this | Hansard source

What does the brief say?

John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

If I can, Senator. In relation to the issue of any advices that have been sought, I will seek advice from the Minister for Foreign Affairs and, if I am able to, I will come back to the Senate and provide any further information on the element of the Senator’s supplementary question.