THE Rudd Government has made two important symbolic statements on indigenous rights. The first was the apology to the stolen generations. The second came on Friday when it gave formal support to the United Nations Declaration on the Rights of Indigenous Peoples. While both are important steps forward, neither can hide the fact that Australia's legal system still reflects the racism of our past.

Critics of the declaration have raised fears that it will undermine Australian law and democracy. The shadow attorney-general, George Brandis, described support for it as a "grave error" that could have "grave consequences".

In fact, the problem is that the declaration does not do enough. Rather than being law, it is merely a non-binding (and thus unenforceable) statement of values by the UN.

Even then, the declaration comes with major qualifications. For example, Aborigines are said to "have the right to self-determination". However, the declaration says this must not be interpreted "as authorising or encouraging" anything that would undermine "the territorial integrity or political unity of sovereign and independent states". All of the Aboriginal rights must also be exercised in a way that respects the rights of others.

Others have lauded our support for the declaration, such as the Social Justice Commissioner, Tom Calma, who described it as a "watershed moment" in Australia's relationship with its indigenous people. While supporting the declaration will bolster the country's international reputation, it will not do anything by itself to change the dismal state of Australian law.