Native Title Report 2010: Recommendations

Native Title Report 2011

Recommendations

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1. That the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform, with a view to aligning the system with the United Nations Declaration on the Rights of Indigenous Peoples. The terms of reference for this review should be developed in full consultation with all relevant stakeholders, particularly Aboriginal and Torres Strait Islander peoples. This inquiry could form part of the Australian Government's National Human Rights Action Plan.

1. That the Australian Government take steps to formally respond to, and implement, recommendations which advance the rights of Aboriginal and Torres Strait Islander peoples to their lands, territories and resources, made by international human rights mechanisms including:
2. Special Rapporteur on the rights of indigenous peoples
3. Expert Mechanism on the Rights of Indigenous Peoples
4. United Nations Permanent Forum on Indigenous Issues
5. treaty reporting bodie

• Special Rapporteur on the rights of indigenous peoples
• Expert Mechanism on the Rights of Indigenous Peoples
• United Nations Permanent Forum on Indigenous Issues
• treaty reporting bodie

1. That the Australian Government develop a ‘Statement or Charter of Engagement' to complement Engaging Today, Building Tomorrow: A framework for engaging with Aboriginal and Torres Strait Islander Australians. This document should include the Government's commitment to be guided by the principles of the United Nations Declaration on the Rights of Indigenous Peoples when engaging with Aboriginal and Torres Strait Islander peoples, including the right to participate in decision-making, and the principle of free, prior and informed consent.

1. That the Australian Government should implement outstanding recommendations from the Native Title Report 2010 and provide a formal response for next year's Report which outlines the Government's progress towards implementing the recommendations from both the Native Title Report 2010 and Native Title Report 2011.

1. That the Australian Government work in partnership with Aboriginal and Torres Strait Islander peoples to develop a national strategy to ensure the principles of the United Nations Declaration on the Rights of Indigenous Peoples are given full effect.

1. That targeted research is undertaken to develop the evidence base and tools to address lateral violence as it relates to the native title system. This research should be supported by the Australian Government.
2. That Aboriginal and Torres Strait Islander communities and their organisations work together to develop engagement and governance frameworks that promote cultural safety and comply with the United Nations Declaration on the Rights of Indigenous Peoples.
3. That all governments working in native title ensure that their engagement strategies, policies and programs are designed, developed and implemented in accordance with the United Nations Declaration on the Rights of Indigenous Peoples. In particular, this should occur with respect to the right to self-determination, the right to participate in decision making guided by the principle of free, prior and informed consent, non-discrimination, and respect for and protection of culture.
4. That the Australian Government pursue legislative and policy reform that empowers Aboriginal and Torres Strait Islander peoples and their communities, in particular:reforming the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples, and address the provisions that permit discrimination on the basis of raceensuring that the National Human Rights Framework includes the United Nations Declaration on the Rights of Indigenous Peoples to guide its application of human rights as they apply to Aboriginal and Torres Strait Islander peoplescreating a just and equitable native title system that is reinforced by a Social Justice Package.
5. reforming the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples, and address the provisions that permit discrimination on the basis of race
6. ensuring that the National Human Rights Framework includes the United Nations Declaration on the Rights of Indigenous Peoples to guide its application of human rights as they apply to Aboriginal and Torres Strait Islander peoples
7. That all governments, key organisations and industry parties working in native title, conduct education and awareness raising sessions on lateral violence for both Aboriginal and Torres Strait Islander and non-Indigenous staff.