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Aboriginal and Torres Strait Islander Social Justice19 May 2014Submission
ALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of Indigenous ... -
Legal14 December 2012Webpage
Submission - The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 (Cth)
SUBMISSION TO THE AUSTRALIAN SENATE, COMMUNITY AFFAIRS, LEGISLATION COMMITTEE On THE ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT BILL 2006 (CTH) FROM THE ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER AND ACTING RACE DISCRIMINATION COMMISSIONER, TOM CALMA 13 July 2006 INTRODUCTION I welcome the opportunity to comment on the proposed amendments to The Aboriginal Land ... -
Legal14 December 2012Webpage
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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Opening address to the 'Indigenous peoples and racism' Conference A Regional Meeting for the United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance by Dr William Jonas AM , Aboriginal and Torres Strait Islander Social Justice Commissioner , Human Rights and Equal Opportunity Commission, 20 February 2001 -
Legal14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally, recommendations to address those concerns are listed. The Law Society welcomes any future opportunity to address any specific matters in greater detail at the request of HREOC. -
Legal14 December 2012Webpage
Review of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Recommendation 2: The Australian Government pass a federal Human Rights Act that includes recognition and protection of economic, social and cultural rights. -
Legal14 December 2012Webpage
Updated information from the Australian Human Rights Commission on Australia’s implementation of the ICCPR (2009)
Ms Nathalie Prouvez Secretary of the Human Rights Committee Human Rights Treaties Branch Office of the High Commissioner for Human Rights CH-1211 Geneva 10 Switzerland -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities grapple ... -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It also seeks to assist governments to help us confront this problem by reinforcing these structures through legislation and policy. -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the consistency of the government's response to the recommendations with the reconciliation process and the aspirations and needs of members of the stolen generations. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 1. Introduction
The issue of Indigenous people and racism is among the most complex and divisive in Australia today. The source of this complexity and division is to be found in the history of race relations in Australia, which commenced with the illegitimate acquisition of sovereignty in 1788 under the auspices of the doctrine of terra nullius. Over successive generations policies and practices have aimed to eliminate Indigenous people, to 'smooth the pillow' of what was seen as a dying race, and later to assimilate Indigenous people within the white culture. -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
Legal14 December 2012Webpage
Bill to remove Commissioner
I write to alert you to a Federal Government proposal to abolish the post of Aboriginal and Torres Strait Islander Social Justice Commissioner (together with the posts of Race Discrimination Commissioner, Sex Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner). Those interested in this matter may wish to make a submission to the Senate Legal and Constitutional Legislation Committee inquiry into the government's bill before the closing date of 24 April 2003. Details follow. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia -- 6. Indigenous children as victims of racism
In the period 1910 to 1970 between 1 in 3 and 1 in 10 Indigenous children were forcibly removed from their families. The effects of such removal were, for most victims, negative, multiple and profoundly disabling. The policies and practices underlying the removal of Aboriginal children from their families were discriminatory and genocidal in intent. Further, the treatment of many removed children after their removal involved breaches of fiduciary duty and duty of care, as well as criminal actions. -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and discussions that were generated in the consultation process. 1 -
Commission – General14 December 2012Webpage
Australian Council of Human Rights Agencies (ACHRA) - UPR Progress Report (2011)
The Australian Government is to be commended for its frank and robust engagement in the UPR process to date, both in the formal working group session and in engaging with the Australian Human Rights Commission (AHRC), NGOs and civil society throughout the process. -
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. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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In championing the cause of universality (of human rights) I should emphasise that universality does not negate cultural diversity; on the contrary, I believe that it reinforces and protects cultural diversity. -
14 December 2012Book page
HREOC Social Justice Report 2002: Chapter 3 - National progress towards reconcilation in 2002 - an equitable partnership?
a) A minimalist response to symbolic issues b) The perceived divisiveness of self-determination c) An emphasis on perceived areas of agreement d) Misrepresenting progress towards practical reconciliation