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Rights and Freedoms13 May 2013Webpage
Scrutiny by human rights treaty bodies
Each of the main human rights treaties requires parties to submit regular reports to a specialist Committee on their implementation of their obligations. These Committees are composed of independent experts elected by the parties to the treaty. A number of eminent Australian experts have served on these Committees, including Professor Ivan Shearer (Member, Human RIghts Committee) Professor Phillip ... -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this table. -
11 February 2014Book page
Appendix B – Australia’s international human rights context
Australia has agreed to be bound by and comply in good faith with international human rights law. It has done this by ratifying international human rights treaties International Covenant on Civil and Political Rights (ICCPR). Convention on the Rights of Persons with Disabilities (CRPD) Convention on the Elimination of Racial Discrimination (CERD), Convention on the Rights of the Child (CRC) ... -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
Race Discrimination14 December 2012Speech
Speech: Indigenous Issues in the Durban Review (2009)
In September 2001, after a gap of 18 years the United Nations finally held the third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa. -
15 July 2014Book page
Chapter 2: Looking back on 20 years of native title and the Social Justice Commissioner role
2.1 Introduction [1] Successive Aboriginal and Torres Strait Islander Social Justice Commissioners (Social Justice Commissioners) have always shown constant leadership and advocacy in reporting on Aboriginal and Torres Strait Islander peoples’ rights to our lands and waters in the 19 Native Title Reports written between 1994 and 2012. [2] These Reports consistently show that social justice is ... -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate place within the international community. The results, while incomplete, have been nothing short of extraordinary. -
Commission – General14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
Legal14 December 2012Webpage
Native Title Amendment (Reform) Bill 2011
Recommendation 2: The Committee recommend 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, including the United Nations Declaration on the Rights of Indigenous Peoples. -
14 December 2012Book page
Homelessness is a Human Rights Issue (2008)
Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing. Fundamentally, homelessness is about lack of connectedness with family, friends and the community and lack of control over one’s environment. -
Rights and Freedoms10 April 2013Publication
Homelessness is a Human Rights Issue
This paper explores the many ways that homelessness impacts on a person’s ability to enjoy basic rights and freedoms. It shows that homelessness is more than just a housing issue. Homelessness is about human rights. Homeless people are not merely objects of charity, seeking help and compassion – like all Australians, they are individuals entitled to the protection and promotion of their human rights. Since human rights belong to everyone, it is in the interests of the Australian community as a whole to ensure that the rights of homeless people are respected and protected. -
14 December 2012Book page
Corporate Responsibility - Developing principles on Resource Development on Indigenous land: Human Rights Based Approach to Mining on Aboriginal Land
Human rights constitute the ethical basis of the social contract between those who exercise power and accrue wealth, and those whose lives are affected by this exercise and accrual. Where such a relationship has no ethical basis and is inconsistent with human rights principles it is not a sustainable relationship. Coercion may prolong it for some time but this is costly to maintain and eventually becomes exhausted. -
Legal14 December 2012Webpage
Comments by the Australian Human Rights Commission to the United Nations Human Rights Committee on issues relevant to Australia’s fifth periodic report under the ICCPR (2008)
The Australian Human Rights and Commission (the Commission) provides these comments to the United Nations Human Rights Committee (the Committee) in response to the Committee’s request for information relevant to Australia’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR).[1] -
14 December 2012Book page
Native Title Report 2009: Chapter 1
The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner. -
Aboriginal and Torres Strait Islander Social Justice29 October 2013Speech
The Native Title Act 20 years on: where to from here?
AIATSIS National Native Title Conference, Alice Springs -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land. -
Legal14 December 2012Webpage
Submissions made by the Aboriginal and Torres Strait Islander Social Justice Commissioner
The Aboriginal and Torres Strait Islander and Social Justice Commissioner was granted leave to appear as amicus curiae in two proceedings before the Queensland Supreme Court: Giblet & Ors v Qld & Anor, Chong & Ors v Qld & Anor. -
14 December 2012Book page
HREOC Report No. 21
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission.[1] The inquiry related to a complaint by Amnesty International Australia (Amnesty) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department). -
Legal14 December 2012Webpage
Submissions - Yorta Yorta
1. By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission ("the Commission") seeks leave to intervene at the hearing of the appeal pursuant to para 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20(1)(e) of the Racial Discrimination Act 1975 ("RDA").