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A special measure is an exception to the general rule that all racial groups must be treated the same. Special measures are permitted by section 8(1) of the Racial Discrimination Act 1975. Section 8(1) implements Articles 1(4) and 2(2) of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), as follows:

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

Native Title Report 2007 back to contents Appendix 10 Acronyms Entities AGM: annual general meeting AIATSIS: Australian Institute of Aboriginal and Torres Strait Islander Studies ALRC: Australian Law Reform Commission ASIC: Australian Securities and Investments Commission CDEP: community development employment project CERD: International Covenant on the Elimination of All Forms of Racial ...

1.1 That the Australian Government immediately appoint an independent person to conduct a comprehensive review of the whole native title system and report back to the Attorney-General by 30 June 2010. This review is to:

Native Title Reports 2007 Back to Contents Downloads in PDF Download the full report (8.22 MB) Chapters Native Title Report 2007 Book Cover (1.66 MB) Overview: Native title 15 years on (120 KB) Chapter 1 : Changes to the native title system (375 KB) Chapter 2 : Changes to the claims resolution process (551 KB) Chapter 3 : Changes to representative Indigenous bodies (337 KB) Chapter 4 : Changes to ...

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 communities. Leading resource corporations such as Rio Tinto and Newmont have demonstrated willingness to formally recognise obligations towards traditional land owners and local Indigenous communities.

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 developed a state-wide framework that streamlines ILUA processes and reduces the resources that are required for successive negotiations.

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.

Underpinning the Government’s partnerships approach to Indigenous policy is the belief that economic development is the key to sustainable improvement in the quality of life of residents of Indigenous communities.1

Land granted is freehold title (estate in fee simple) which is held by an Aboriginal Lands Trust. As a result of recent amendments,1 this land is now capable of being alienated.

Appendix 2 summarises information from a 2006 HREOC survey of the seven Australian Government departments and two statutory authorities with responsibility to administer the 33 national Indigenous economic development programs. Information from the 33 programs is for the 2005 – 2006 period.

At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time.

The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff (Fabienne Balsamo, Katie Kiss, Hamish McLeod, Jemma Hollands, Dianne Biaggini, Anna Dawson, Christina Kenny, Julia Mansour, Kirsty Champion and Darren Dick).

Native Title Report 2006 Back to Contents Downloads Download the complete report (PDF) Download the Community Guide (PDF) Chapters Executive Summary (PDF) Chapter 1 (PDF 1.2 MB ) Chapter 2 (PDF 1.5 MB) Chapter 3 (PDF 300 kb) Chapter 4 (PDF 260 kb ) Chapter 5 (PDF 260 kb ) Chapter 6 (PDF 200 kb ) Chapter 7 (PDF 260 kb ) Appendix 1 (PDF 240 kb ) Appendix 2 (PDF 29 kb ) Appendix 3 (PDF 400 kb ) ...

This report is my second as the Aboriginal and Torres Strait Islander Social Justice Commissioner and marks a transition from a calendar year reporting period to a financial year to comply with s.46(1)(a) of the Human Rights and Equal Opportunity Commission Act (1986) (Cth). As the Native Title Report 2004 reported on the period January to December 2004, this report covers the period January to June 2005.

The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action: