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14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
14 December 2012Book page
Social Justice Report 2000: Appendix 2 - Concluding observations on Australia of the Committee on the Elimination of Racial Discrimination, 24 March 2000
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 22 March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations. -
14 December 2012Book page
Native Title Report 2007: Appendix 8
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: -
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 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
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 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 2004 : Annexure 1 : Promoting Economic and Social Development through Native Title
This paper considers how the native title system might operate more effectively to assist traditional owner groups realise their goals for economic and social development. It relies on human rights principles to build a framework for economic and social development. This framework integrates ethical principles, such as equality and respect for Indigenous culture, with the economic and social factors that determine how well Indigenous people live in their communities. -
14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
14 December 2012Book page
Native Title Report 2007: Appendix 10
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 ... -
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 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Report 2000: Contents
Report of the seminar on the draft principles and guidelines for the protection of the heritage of indigenous people by Chairperson -Rapporteur Erica-Irene Daes -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 December 2012Book page
Native Title Report 2008 - Appendix 9 Acronyms/Abbreviations List
Native Title Report 2008 Appendix 9 Acronyms/Abbreviations List Back to Contents Download in PDF Download in Word AIATSIS: Australian Institute of Aboriginal and Torres Strait Islander Studies ACT: Australian Capital Territory AHA: Aboriginal Heritage Act 2006 (Vic) ALRA: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) BOM: Bureau of Meteorology CAT: Centre for Appropriate Technology ... -
14 December 2012Book page
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000–01, 32 of these matters were finalised. Of those: -
Race Discrimination14 December 2012Webpage
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Learn about the Convention on the Elimination of All Forms of Racial Discrimination (1966), one of the first human rights treaties to be adopted by the UN.