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This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1

If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

Throughout Australia’s history the relationship between the mining industry and Indigenous peoples has been less than harmonious. The drive for resources has seen the rights and interests of Indigenous peoples sacrificed in favour of economic growth. While many problems still remain today, there is evidence of a recent shift in the attitude of mining interests towards neighbouring Indigenous…

In most states and territories of Australia, Indigenous Land Use Agreements (ILUAs) are negotiated on a case by case basis between the relevant parties, usually traditional owners, governments and industry groups. South Australia however, has taken a more comprehensive approach to these agreements. The South Australian Government, Indigenous traditional land owners and industry stakeholders have…

The Indigenous Land Use Agreement (ILUA) and Argyle Management Plan Agreement (AMPA) together are arguably the most comprehensive arrangements ever made between a resource company and traditional owners negotiated in Australia. They are the result of one of the most comprehensive agreement processes undertaken with traditional owners.

Ngarda Civil and Mining (Ngarda) began its operation five years ago with six staff and six whipper-snippers. It is now a multi-million dollar Indigenous owned and operated business that provides contracting services to the mining and construction industries in four regions of the Pilbara.

In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium…

This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event.

This appendix summarises the main findings from research and consultations conducted by the Human Rights and Equal Opportunity Commission between 2001 and 2006 that relate to family violence and abuse in Indigenous communities. The summary has also been published in a more detailed research paper prepared by the Social Justice Commissioner in 2006 entitled Ending family violence and abuse in…

This appendix contains the survey form that my Office compiled and sent to all Indigenous communities and organisations that had entered into a Shared Responsibility Agreement (SRA) with the federal government by 31 December 2005. By this date 108 SRAs had been finalised, and they involved 124 communities.

This Appendix reproduces materials approved by the United Nations General Assembly when establishing the Second International Decade of the World’s Indigenous People. It also extracts and briefly comments on the main provisions of the Program of Action for the Second Decade.

Social Justice Report 2006 Back to Contents Downloads Download the full report in PDF format (7.21 MB) Community Guide Chapters Introduction (PDF 649 KB) Chapter 1 (PDF 357 KB) Chapter 2 (PDF 1.37 MB) Chapter 3 (PDF 1.91 MB) Chapter 4 (PDF 1.24 MB) Appendix 1 (PDF 1 MB) Appendix 2 (PDF 382 KB) Appendix 3 (PDF 320 KB) Appendix 4 (PDF 314 KB)

In accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 5 recommendations - 3 in relation to Achieving health equality for Aboriginal and Torres Strait Islander people s and 2 in relation to the new arrangement in Indigenous affairs. The report also contains 5 follow up actions that my office will…

This report covers the period from 1 July 2004 to 30 June 2005. It considers two issues that are of major concern to Aboriginal and Torres Strait Islander peoples.

Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other…

The High Court's decisions in Yarmirr [1], Miriuwung Gajerrong [2], Wilson v Anderson [3] and Yorta Yorta [4] clarify the law with respect to the recognition and extinguishment of native title. The consequences of the law of native title for Indigenous people are now starkly apparent. It is thus timely that the 2002 Native Title Report evaluates these principles against the human rights standards…

The reconciliation process has made clear the pressing need for Aboriginal peoples to negotiate freely the terms of their continuing relationship with Australia. The report shows that the recognition of Indigenous people's right to their land and the origins of a nation are inextricably related and that changes to one part of the relationship infer and require changes to the other. Developments…

The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2011.

The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011.