Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 would address a number of racial discrimination issues faced by Aboriginal and Torres Strait Islander peoples. The Commission supports the use of the Declaration as a guide for interpreting Australia’s obligations under CERD as they relate to Indigenous peoples.85 81. The Special Rapporteur on the rights of indigenous peoples has called for the Declaration to be specifically included in the definition of human rights in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).86 82. Further, the Commission considers that the Declaration should be used to frame the Australian Government’s engagement with Indigenous peoples. In particular, the Commission considers that the Australian Government should consult and cooperate with Aboriginal and Torres Strait Islander peoples in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Recommendation 19: That the Australian Government, in partnership with Aboriginal and Torres Strait Islander peoples, develop a National Strategy to give effect to the UN Declaration on the Rights of Indigenous Peoples. Further, that the Declaration be included in the definition of ‘human rights’ in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) to ensure that legislation is regularly assessed for conformity with the Declaration. Constitutional recognition (CERD article 1, 2, 5, 6; CO 15) 83. The Commission notes the First Nations National Constitutional Convention to discuss constitutional recognition, held on 23–26 May 2017. The Uluru Statement from the Heart (Uluru Statement) was adopted at the Convention. The Uluru Statement calls for the establishment of a First Nations’ Voice enshrined in the Constitution and of a Makarrata Commission to supervise a process of agreement making between governments and First Nations that includes truth telling about Aboriginal and Torres Strait Islander peoples’ history. The Commission welcomes the Uluru Statement and supports the calls for a First Nations’ Voice to Parliament.87 84. The Commission is very concerned by the Australian Government’s recent announcement that it rejects the proposal for the establishment of a constitutionally enshrined First Nations’ Voice to Parliament.88 85. The Australian Government has recently suggested that a parliamentary Joint Select Committee will consider the question of constitutional recognition of Aboriginal and Torres Strait Islander peoples.89 This parliamentary Committee will give consideration to the recommendations of the existing bodies of work developed by the Expert Panel on Constitutional Recognition of Indigenous Australians (2012) 90, the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (2015)91 and the Referendum Council (2017)92.93 18