Declaration on the Rights of Indigenous Peoples (UNDRIP)

UNDRIP is a declaration of rights for Indigenous people around the world, and minimum standards for their survival, dignity and well-being.

The Declaration was adopted by the UN General Assembly in 2007 with a vote by member countries. Australia voted no in 2007, but later endorsed the declaration in 2009.

The Declaration is not legally binding, but it is internationally recognised and provides important guidance about how Indigenous people should be treated around the world.

Important: Section 32(2) of the Victorian Charter of Human Rights says that international law can be taken into account when you are interpreting Victorian laws like the Corrections Act 1986 (Vic). 

Rights in the UNDRIP

Many of the rights in the UNDRIP are also in other international human rights law like the International Convention on Civil & Political Rights (ICCPR).

The UNDRIP also has additional rights that are specifically about Indigenous people. Some of those rights relevant to prisons include:

• Right to be free from discrimination for being Indigenous
• Right to practice cultural tradition and customs
• Right to maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions
• Right to not be subjected to forced assimilation or destruction of culture
• Right to practice, develop and teach spiritual and religious traditions, customs and ceremonies
• Right to access social and health services without discrimination, and to enjoy the best achievable physical and mental health

Requirements for countries

The UNDRIP says that countries around the world shall:

• Take effective action (in consultation and cooperation with Indigenous people) to fight prejudice and eliminate discrimination, and promote tolerance, understanding and good relations among Indigenous people and the rest of society
• Take effective action and special measures where needed to ensure continuing improvement of the social and economic conditions for Indigenous people – especially Elders, women, children and people with disabilities
• Take action (in consultation and cooperation with Indigenous people) to ensure Indigenous women and children are protected from violence and discrimination
• Take the necessary steps to ensure the right of Indigenous people to enjoy the best achievable physical and mental health
• Take effective action to recognise and protect the cultural rights of Indigenous people

The full declaration can be found on the UN’s website.