This Act was introduced following the conclusions of the 2014 review of the Human Rights Act 2004 (HRA), entitled – ‘Economic, social and cultural rights in the Human Rights Act 2004 (the 2014 review), which the Attorney-General tabled in the Legislative Assembly on the 27 November 2014.
This Act makes a number of amendments to introduce Aboriginal and Torres Strait Islander cultural rights into the HRA. These amendments are in accordance with a decision of the ACT Government to incorporate cultural rights for Aboriginal and Torres Strait Islander people in a similar form to s 19 of the Victorian Charter of Rights and Responsibilities 2006 (the Charter).
Under the new section 27(2):
(2) Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right—
(a) to maintain, control, protect and develop their—
(i) cultural heritage and distinctive spiritual practices, observances, beliefs and teachings and
(ii) languages and knowledge and
(iii) kinship ties and
b) 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.
In the absence of an ACT land rights regime, this amendment represents a further avenue through which Aboriginal and Torres Strait Islander people may assert their cultural rights to land. Note that the primary source of the proposed section is the United Nations Declaration on the Rights of Indigenous Peoples, articles 25 and 31.
For further information please see the Explanatory Memorandum.