The 17th session of United Nations Expert Mechanism on the Rights of Indigenous People (EMPRIP) was held in Geneva this month, highlighting Aboriginal and Torres Strait Islander child removals.

On 9 July, United Nations Permanent Forum for the Rights of Indigenous Issues member Associate Professor Hannah McGlade, South Australian Commissioner for Aboriginal Children and Young People April Lawrie, and Australian Human Rights Commissioner for Aboriginal and Torres Strait Islander Social Justice Katie Kiss spoke at the session.

The three advocates amplified the rights of Aboriginal and Torres Strait Islander children under international law, and highlighted the ongoing crisis of removals of Aboriginal and Torres Strait Islander children from their family, community and culture.

On the closing day, EMRIP made proposals to the United Nations Human Rights Council. Proposal 14 is that Australian state authorities should "support and meaningfully facilitate the right of self-determination for Indigenous peoples", recognising self-determination is critical for Indigenous peoples when addressing child welfare matters.

In 2023, Dr McGlade and the Noongar Family Safety Wellbeing Council requested EMRIP's country engagement visit to Western Australia, visiting Perth, Albany, and Geraldton, where they met with local Aboriginal people and communities to gain insight into the overrepresentation of Aboriginal and Torres Strait Islander children in out-of-home care.

The terms of reference included EMRIP representatives providing advice and guidance to the Aboriginal and Torres Strait Islander community and government supporting self-determination and the Aboriginal Community Controlled sector.

Dr McGlade highlighted that in partnership with SNAICC, the National Voice for Aboriginal and Torres Strait Islander children, Western Australia had developed a 10-year roadmap to reduce the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care. However, she noted that no progress has been made on implementation more than 12 months on. The roadmap includes the establishment of a dedicated Aboriginal and Torres Strait Islander Children's Commissioner, with powers equal to the Commissioner for Children and Young People.

Dr McGlade told National Indigenous Times that putting the issue of Indigenous child removals on the world stage marked "a historic moment".

"The ongoing increasing removals of Aboriginal children… violates UN law in several respects. We're going to keep up this fight for our children and youth who are harmed by discriminatory and systemic flaws in child removals, being deeply traumatised also by the loss of family and culture," she said.

"The UN EMRIP endorsed our calls for genuine Aboriginal self-determination in child protection and we'll continue to work to decolonise the system. The involvement of the WA government was welcome, however, it is apparent they must act on the Roadmap to reform delivered a year ago now."

Commissioner Kiss expressed her support and welcomed the report of EMRIP's Western Australian visit.

Currently, Aboriginal and Torres Strait Islander children are 10.5 times more likely than non-Aboriginal children to be in out-of-home care nationally, and recent reporting found that 22,328 Aboriginal and Torres Strait Islander children are in out-of-home care in Australia.

Australia forcibly removes 57 Aboriginal and Torres Strait Islander children per 1000 compared to five non-Indigenous children per 1000.

Commissioner Kiss highlighted the issue as a significant human rights challenge facing Australia, and that exposure to discriminatory systems is causing harm and fuelling a pipeline into negative life trajectories.

In South Australia, Commissioner Lawrie recently published the final report of her independent inquiry titled, Holding on to Our Future, focused on the implementation of the full Aboriginal and Torres Strait Islander Child Placement Principle (the Principle) with regard to Aboriginal and Torres Strait Islander child removals.

In her statement to EMRIP, Commissioner Lawrie recommended that the Principle be embedded in legislation and policy as a framework for preventing removals. Commissioner Lawrie stated that the Principle is the embodiment of the Declaration on the Rights of Indigenous Peoples, and the United Nations Convention on the Rights of the Child, as it enables self-determination for Aboriginal and Torres Strait Islander families and communities and protects the rights of our children to their family and their cultural identity.

Commissioner Lawrie told National Indigenous Times that the establishment of the South Australian voice to state parliament was "a positive step forward to enable self-determination of Aboriginal people".

"However, South Australia, can go much further … It must prioritise work that enables the exercise of Aboriginal people's self-determination and must not hide behind the Closing the Gap targets which consecutive governments have failed to achieve," she said.

"To drive reforms in Aboriginal child welfare there needs to Aboriginal-designed culturally specific kinship care legislation that enables Aboriginal self-determination at all decision-making levels – this is the only viable way to reduce Aboriginal child removal rates and keep Aboriginal children connected to their family and culture."

She noted that in 2017 the State of South Australia removed the primacy of best interests of the child from its Child Protection legislation.

Indigenous youth advocate Jerome Wano, who also attended the session, told National Indigenous Times "it is imperative for Indigenous Peoples to vocally oppose the colonial systems, including the harmful policies that continue to devastate our communities and blatantly disregard our international rights".

"Blackfullas must persist in addressing and holding the Australian government accountable for the destructive impacts the colonial system inflicts on our Peoples. However, this effort must extend beyond local and national levels to also include international spaces," he said.

"At international forums, such as the Expert Mechanism on the Rights of Indigenous Peoples and the United Nations Permanent Forum on Indigenous Issues, the Australian government often presents a sanitised, misleading image that starkly contrasts the realities my people face. Therefore, Blackfullas with lived experiences who are directly impacted by the issues must be supported to engage in international spaces to counteract the Australian Government's front and speak the truth.

"My statement at EMRIP was crucial in unveiling the facts, presenting statistics, advocating for Indigenous-led solutions, and addressing the Australian government in its role - whether intentional or not - in acts of Genocide.

"My people are perishing under the weight of this system; we are the most unjustly imprisoned people on the planet, our kinship systems are being dismantled, and we are being severed from our Country, while our sacred sites and ancestral grounds face disrespect, assault, and desecration. Our spirits are breaking, and we are killing ourselves at unimaginable rates. We do not have the liberty to toe the line, soften our stance, and be palatable; we must boldly expose the Australian Government's facade and demand true accountability, but above all, demand tangible and lasting change."

In 2009 Australia endorsed the UN Declaration on the Rights of Indigenous Peoples but it has not been enacted into domestic legislation or responded to the Senate Inquiry into UNDRIP.

Australia has also not ratified the Optional Protocol to the UN Convention on the Rights of the Child, denying children a right to review by the UN expert body.

Despite the Closing the Gap Target 12 (to reduce the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care) and the Safe and Supported National Aboriginal Action Plan, in South Australia alone, it is predicted that 10 in 140 Aboriginal and Torres Strait Islander children will be in care by 2031.

EMRIP has recommended that Australia take actions towards genuine self-determination for Aboriginal and Torres Strait Islander people in child protection.

EMRIP's report on the 17th session is expected to be published in September 2024.