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I would like first of all to follow UN custom and protocol and pay tribute to the Aboriginal Peoples of this land, the original occupants and owners of this territory, and thank them for hosting our meeting today. On behalf of the Secretariat of the UN Permanent Forum on Indigenous Issues and the Coordinator of the Second International Decade of the World's Indigenous People, Mr. Jose Antonio Ocampo, I would also like to extend a warm welcome to all of you and a special thanks to our partner, the Human Rights and Equal Opportunity Commission (Australia).

The Commission’s policy work on issues of human rights and disability has involved sustained focus, and engagement with government, disability community experts and representatives, and industry bodies over many years, and particularly since the passage of the Disability Discrimination Act in 1992.

This report covers the period from 1 July 2004 to 30 June 2005. It considers two issues that are of major concern to Aboriginal and Torres Strait Islander peoples.

(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion;

Michael Small Senior Policy Officer in the Disability Rights Unit at the Australian Human Rights and Equal Opportunity Commission michaelsmall@humanrights.gov.au

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'.

Our complaints process provides a way in which individuals and groups can voice and resolve disputes about discrimination and human rights. Our complaint work is also central to our role in protecting and promoting human rights and complements our policy and education work. The number and type of complaints we receive often highlight systemic discrimination problems. We use this information to help address the underlying factors that lead to discrimination – developing education programs or suggesting policy reforms for workplaces, service providers, educational institutions and others.

The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) 2010 Report on Immigration Detention on Christmas Island.

The term 'Shared Responsibility Agreement' (SRA) describes agreements between Aboriginal and Torres Strait Islander communities and groups and Australian governments based on the principle of mutual obligation. The principle of mutual obligation requires both parties, the community and the Government to each contribute towards making the agreement work. This fact sheet looks at SRAs in the light of human rights principles and considers developments during the first 12 months of SRA-making.

No Country Recommendation Response Implementation 1 Republic of Moldova Ratify the OPCAT Accepted Not implemented 2 Azerbaijan Speed up process of ratification of OPCAT Accepted Not implemented 3 Maldives Ratify OPCAT and designate a National Preventive Mechanism Accepted Not implemented 4 New Zealand High priority ratification of the OPCAT and establish a National Preventative Mechanism Accepted ...