Native Title Report 2011: Appendix 3: Recommendations from the Native Title Report 2011
Access key recommendations from the Native Title Report 2011 for implementing the UN Declaration on the Rights of Indigenous Peoples and addressing native title
Summary
1.1 That the Australian Government work in partnership with Aboriginal and Torres Strait Islander peoples to develop a national strategy to ensure the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Native Title Report 2011
Appendix 3: Recommendations from the Native Title Report 2011
Chapter 1: Working together in ‘a spirit of partnership and mutual respect': My native title priorities
| Recommendations |
| 1.1 That the Australian Government work in partnership with Aboriginal and Torres Strait Islander peoples to develop a national strategy to ensure the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples.1.2 That the Australian Government introduce legislation into Parliament to require the Attorney-General to table the annual Native Title Report within a set timeframe.1.3 That the Australian Government introduce legislation into Parliament to require the Attorney-General to provide a formal response to the annual Native Title Report and the Social Justice Report within a set timeframe. |
Chapter 2: The basis for a strengthened partnership': Reforms related to agreement-making
| Recommendations |
| 2.1 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 international human rights standards. Further, that the terms of reference for this review be developed in full consultation with all relevant stakeholders, particularly Aboriginal and Torres Strait Islander peoples. Such terms of reference could include, but not be limited to, an examination of:the impact of the current burden of proof the operation of the law regarding extinguishmentthe future act regimeoptions for advancing negotiated settlements (including the potential for alternative, comprehensive settlements).2.2 That the Australian Government work with Native Title Representative Bodies, Native Title Service Providers, Prescribed Bodies Corporate and other Traditional Owner groups to explore options for streamlining agreement-making processes, including options for template agreements on matters such as the construction of public housing and other infrastructure.2.3 That the Australian Government make every endeavour to finalise the Native Title National Partnership Agreement. Further, that the Australian Government consider options and incentives to encourage states and territories to adopt best practice standards in agreement-making. 2.4 That the Australian Government pursue reforms to clarify and strengthen the requirements for good faith negotiations in 2010–2011. 2.5 That the Australian, state and territory governments commit to only using the new future act process relating to public housing and infrastructure (introduced by the Native Title Amendment Act (No 1) 2010 (Cth)) as a measure of last resort. 2.6 That the Australian Government begin a process to establish the consultation requirements that an action body must follow under the new future act process introduced by the Native Title Amendment Act (No 1) 2010 (Cth). Further, that the Australian Government ensure that Aboriginal and Torres Strait Islander peoples are able to participate effectively in the development of these requirements.2.7 That the Australian Government:consult and cooperate in good faith in order to obtain the free, prior and informed consent of Aboriginal and Torres Strait Islander peoplesprovide a clear, evidence-based policy justificationbefore introducing reforms that are designed to ensure the ‘sustainability' of native title agreements.2.6 That, as part of its efforts to ensure that native title agreements are sustainable, the Australian Government ensure that Native Title Representative Bodies, Native Title Service Providers, Prescribed Bodies Corporate and other Traditional Owner groups have access to sufficient resources to enable them to participate effectively in negotiations and agreement-making processes. |
- the impact of the current burden of proof
- the operation of the law regarding extinguishment
- the future act regime
- options for advancing negotiated settlements (including the potential for alternative, comprehensive settlements).
- consult and cooperate in good faith in order to obtain the free, prior and informed consent of Aboriginal and Torres Strait Islander peoples
- provide a clear, evidence-based policy justification
Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
| Recommendations |
| 3.1 That any consultation document regarding a proposed legislative or policy measure that may affect the rights of Aboriginal and Torres Strait Islander peoples contain a statement that details whether the proposed measure is consistent with international human rights standards. This statement should:explain whether, in the Australian Government's opinion, the proposed measure would be consistent with international human rights standards and, if so, how it would be consistentpay specific attention to any potentially racially discriminatory elements of the proposed measurewhere appropriate, explain the basis upon which the Australian Government asserts that the proposed measure would be a special measurebe made publicly available at the earliest stages of consultation processes. 3.2 That the Australian Government undertake all necessary consultation and consent processes required for the development and implementation of a special measure.3.3 That the Australian Government work with Aboriginal and Torres Strait Islander peoples to develop a consultation and engagement framework that is consistent with the minimum standards affirmed in the United Nations Declaration on the Rights of Indigenous Peoples. Further, that the Australian Government commit to using this framework to guide the development of consultation processes on a case-by-case basis, in partnership with the Aboriginal and Torres Strait Islander peoples that may be affected by a proposed legislative or policy measure. 3.4 That Part 4 of the NTNER Act be amended to remove the capacity to compulsorily acquire any further five-year leases. Further, in respect of the existing five-year lease arrangements, that the Australian Government implement its commitment to transition to voluntary leases with the free, prior and informed consent of the Indigenous peoples affected; and that it ensure that existing leases are subject to the Racial Discrimination Act 1975 (Cth). |
Recommendations
- explain whether, in the Australian Government's opinion, the proposed measure would be consistent with international human rights standards and, if so, how it would be consistent
- pay specific attention to any potentially racially discriminatory elements of the proposed measure
- where appropriate, explain the basis upon which the Australian Government asserts that the proposed measure would be a special measure
- be made publicly available at the earliest stages of consultation processes.