Almost two decades on: Australia’s unfinished commitment leaves survivors without justice

The Healing Foundation warns that Australia’s failure to embed the rights of Indigenous peoples into domestic law continues to disadvantage Stolen Generations survivors. 

In April 2009, Australia formally endorsed United Nations Declaration on the Rights of Indigenous People (UNDRIP) – a global landmark framework affirming the inherent rights of indigenous peoples.

Yet, nearly two decades later, Australia still lacks any single or centralised mechanism to implement those rights in law – progress toward implementation has remained limited, fragmented and slow, drawing ongoing criticism from human rights bodies.

The Healing Foundation said that for Stolen Generations survivors – often described as the ‘gap within the gap’ of Aboriginal and Torres Strait Islander people – the failure continues to have profound and lasting consequences.

The absence of UNDRIP in domestic law continues to deny Stolen Generations survivors the protections, remedies and dignity they are owed, despite Australia’s obligations under multiple international human rights conventions.

The Healing Foundation has repeatedly warned that as survivors age, inaction is justice denied, with many survivors having passed before meaningful reform is delivered.

CEO Shannan Dodson, a Yawuru woman, said The Healing Foundation is calling for immediate action to align Australia’s systems with its commitments under UNDRIP.

“Australia signed up to UNDRIP. Now it must act on it,” she said.

“Stolen Generations survivors are ageing. Time is running out. Without urgent, coordinated action, intergenerational trauma will deepen and continue to shape outcomes for decades.” 

Despite Australia’s commitments under many international conventions relating to human rights, cultural and social rights, racial discrimination and remedy and reparations, survivors continue to face systemic barriers to healing, reparations, culturally safe care, and family reconnection.

Australia’s lack of progress has attracted criticism at an international level. The UN has previously stated that it is ‘woefully inadequate’ Australia has failed to improve the social disadvantage of its Indigenous population.

United Nations Special Rapporteur on the rights of Indigenous Peoples, Dr Albert K. Barume, will visit Australia later this year.

The visit will assess how well Australia is upholding the rights of Indigenous peoples, including progress, gaps, and compliance with international human rights standards. 

Ms Dodson said the visit represents a critical opportunity for Australia to move beyond endorsement and toward delivery.

“Survivors have waited almost three decades for governments to act on Bringing them home, with the report and its 83 recommendations released in 1997. Many survivors are now in their 70s, 80s and 90s, yet only 6% of those recommendations have been actioned” she said.

“We cannot allow more survivors to pass without justice. The UN visit is a critical opportunity for Australia to finally meet its international obligations.”

Urgent areas for government leadership

The Healing Foundation is calling for immediate action to align Australia’s systems with its commitments under UNDRIP, including:

• Nationally consistent, UN-aligned reparations
• Guaranteed, trauma‑informed access to records across jurisdictions and institutions.
• Investment in Aboriginal‑led, community‑controlled aged care and healing services
•  Embedding UNDRIP in key legislation, including the Aged Care Act
• Sustainable, long‑term funding for Stolen Generations organisations

Ms Dodson said these steps are not only matters of justice, but of accountability and prevention.

“For too long, survivors have carried the burden of government inaction,” she said.

“Embedding UNDRIP into all policies that affect Aboriginal and Torres Strait Islander peoples is essential, so survivors can heal with dignity, and so future generations never face the harms of forced removal again.”

Last week the UN hosted its 25^th UN Permanent Forum on Indigenous Issues (UNPFII) – a forum to address Indigenous issues regarding economic and social development, culture, environment, education, health, and human rights. 

‘Ensuring Indigenous Peoples’ access to healthcare, including during conflict’, was the theme for the forum this year.

Renewed calls came from leaders at the forum for all members states to honour their commitments under UNDRIP, including embedding the rights of Indigenous people in national laws and policies.