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Aboriginal and Torres Strait Islander Social Justice10 April 2013Publication
Draft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
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. -
Legal14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
14 December 2012Book page
Chapter 4: Cultural safety and security: Tools to address lateral violence - Social Justice Report 2011
Lateral violence is a multilayered, complex problem and because of this our strategies also need to be pitched at different levels. In Chapter 3 I have looked at the big picture, with the human rights framework as our overarching response to lateral violence. In this Chapter I will be taking our strategies to an even more practical level, looking at how we can create environments of cultural safety and security to address lateral violence. -
Legal14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both governments commit to genuine consultation with Aboriginal people in designing initiatives for Aboriginal communities.” (emphasis added) -
14 December 2012Book page
Native Title Report 2002: Native title: the way forward
In the past 12 months the High Court has handed down several significant decisions which clarified the principles upon which the recognition and extinguishment of native title are determined. These principles are set out and discussed in the first three chapters of this report. In clarifying these principles, some of the Judges of the High Court have been mindful of their effect on Indigenous people. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Webpage
Submission to the United Nations on the Rights of Indigenous Children
Explore a submission to the UN Committee on the Rights of the Child for their Day of General Discussion on the Rights of Indigenous Children. -
14 December 2012Book page
Chapter 1: Towards a reconciled Australia: An agenda of hope - Social Justice Report 2010
I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine -
14 December 2012Book page
Native Title Report 2006: Chapter 3
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. -
12 February 2013Book page
Attachment 1: Calendar of upcoming key UN treaty dates
Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Next report due 2012 (accepting comments and submissions until 11 November 2012) Convention on the Rights of Persons with Disabilities (CRPD) To appear before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) Next report due 2013 International ... -
14 December 2012Book page
RE: MINISTERIAL INQUIRY INTO GREENFIELDS EXPLORATION - BOWLER INQUIRY (2001)
Thank you for the opportunity to make submissions to the Ministerial Inquiry to identify strategies to increase resource exploration in Western Australia - the Bowler Inquiry. Enclosed is a copy of my submission which contains several recommendations. -
Legal14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - AB v Registrar, Births Deaths and Marriages
The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters: -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Reports
Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. -
Rights and Freedoms1 May 2013Webpage
Rights to equality and non discrimination
Back to Rights and freedoms: right by right Introduction | What are Australia's obligations ? | What does discrimination mean ? | What grounds of discrimination are covered ? | International scrutiny | Commission work | More information | Comments Introduction Non-discrimination and equality rights are central features of the major human rights treaties. Rights of equality and non-discrimination ... -
10 April 2015Book page
Appendix 1: Calendar of upcoming key UN treaty dates
Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Australia appeared before the committee in November 2014 Next report due November 2018 Convention on the Rights of Persons with Disabilities (CRPD) Next report due August 2018 Convention on the Elimination of Racial Discrimination (CERD) The report was due October 2012. A combined 18 ... -
3 January 2014Book page
Attachment 1: Calendar of upcoming key UN treaty dates
Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) The fifth periodic report was submitted in July 2013 (due in August 2012) Convention on the Rights of Persons with Disabilities (CRPD) Australia appeared before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) The report was due October 2012 ... -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
14 December 2012Book page
Social Justice Report 2006: Chapter 4: International developments on the rights of indigenous peoples – Closing the ‘protection gap’
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 Development Goals (MDGs) and the Second International Decade of the World’s Indigenous People; and iii) the further elaboration of human rights standards as they apply to indigenous peoples. -
14 December 2012Book page
Chapter 2 – An Aboriginal and Torres Strait Islander human rights protection framework for the 21st century: Social Justice Report 2008
All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law.