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14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'. -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles. -
14 December 2012Book page
Native Title Report 2001: Recommendations
back to contents Native Title Report 2001 Appendix 1: Compiled Recommendations Chapter One - The right to negotiate and human rights That state and territory government departments administering the issue of future act notifications develop strategic plans, in consultation with NTRBs, with the aim of improving the efficiency of their administrative practices. The manner and rate of administering ... -
14 December 2012Book page
Native Title Report 2001: Appendix 2
Native title agreements are emerging as an important tool in defining the rights of native title holders over their land. As Aboriginal and Torres Strait Islander Social Justice Commissioner I welcome negotiation and agreement-making as a way of establishing a stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land. However I am concerned that throughout this process there are currently no mechanisms to ensure that the human rights of Indigenous people are being respected. -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for land. In this arbitration process the survival of non-Indigenous interests is assured. -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and this chapter analyses the human rights implications of the different legal positions adopted by the majority and the minority decisions of the court. -
14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right. -
14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation of the 1998 amendments (2) or amend the NTA anew.(3) No action has since been taken to lessen the discriminatory impact of the 1998 amendments and the true extent of the diminution of native title par -
14 December 2012Book page
Native Title Report 2000: Appendix 1
(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion; -
14 December 2012Book page
Native Title Report 2000: Appendix 2
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10 th , 11 th and 12 th periodic reports under CERD, March 2000; 2) Human Rights Committee: additional information to Australia's third and fourth periodic reports, for consideration during the 69 th session, July 2000; and 3) Committee on Economic, Social and Cultural Rights: information in relation to consideration of Australia, August 2000. -
14 December 2012Book page
Native Title Report 2000: Appendix 3
1. The Committee considered the tenth, eleventh and twelfth periodic reports of Australia, submitted as one document (CERD/C/335/Add.2), at its 1393rd, 1394th and 1395th meetings (CERD/C/SR.1393, 1394 and 1395), held on 21 and 22March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations. -
14 December 2012Book page
Native Title Report 2000: Appendix 4
1. The Committee examined the third and fourth periodic reports of Australia (CCPR/C/AUS/99/3 and 4) at its 1855th, 1857th and 1858th meetings, held on 20 and 21 July 2000. At its 1867th meeting on 28 July 2000, the Committee adopted the following concluding observations. -
14 December 2012Book page
Native Title Report 2000: Appendix 5
The following instruments, declarations, principles and guidelines set out Australia's International human rights obligations with regard to cultural heritage protection. -
14 December 2012Book page
Bringing them Home - Chapter 1
Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. </strong>Confidential submission 338, Victoria.</em> -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Legal14 December 2012Webpage
Independent Interim Report on CEDAW
Para 29: The Committee encourages the State party to continue its efforts to tackle the persistent problem of violence against women and urges the State party to adopt national legislation and adopt, implement and adequately fund as a matter of urgency the National Action Plan to Reduce Violence against Women and Their Children, including a mechanism for independent monitoring. -
Legal14 December 2012Webpage
Submission on the Exposure Draft, Homelessness Bill 2012 (2012)
Recommendation 1: That the notion of ‘choice’ in section 5(c) of the draft legislation be removed given that it requires subjective assessment. -
Legal14 December 2012Webpage
The adequacy of the allowance payment system for jobseekers and others, the appropriateness of the allowance payment system as a support into work and the impact of the changing nature of the labour market
Recommendation 1: The Newstart Allowances and supplements should be increased so that they accurately reflect the costs of living, job-seeking and skill development activity.
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