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Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human rights standards.

State, Territory and Commonwealth native title policies (1) direct the way in which governments conduct negotiations with native title claimant groups and the scope and content of the agreements they make as a result of these negotiations. Such policies may influence whether negotiations will be confined to native title rights and interests as they are legally defined, or whether they address the broader economic and social development needs of the claimant group.

As the Aboriginal and Torres Strait Islander Social Justice Commissioner, one of my primary responsibilities is to report annually on the impact of the Native Title Act 1993 (Cth) on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.[1] I fulfil this responsibility by producing the annual Native Title Report.

6.1 Introduction 6.2 Steps taken by the Australian Government to implement the Declaration 6.3 Giving effect to the Declaration 6.4 Conclusion and recommendations 6.1 Introduction Throughout my term, I have continually emphasised the importance of the United Nations Declaration on the Rights of Indigenous Peoples [565] (the Declaration). The Declaration is the most comprehensive and advanced ...

5.1 Introduction 5.2 The importance of Nations 5.3 Framework for Indigenous governance 5.4 Community governance: a Nation building approach 5.5 Australian accounts of successful nation building 5.6 Voices of Nations, not just national voices 5.7 Conclusions and recommendations 5.1 Introduction Since the beginning of my term as Aboriginal and Torres Strait Islander Social Justice Commissioner, I ...

Organisational excellence The Commission is accredited as an ‘A status’ national human rights institution (NHRI) by the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights. The ICC is responsible for accrediting new NHRIs, as well as re-accrediting existing NHRIs every five years, according to a rigorous and transparent process ...

‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act).

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.

It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title.

The year of this report saw several significant changes and developments within the Commission. Some were anticipated; some had been delayed; some were more welcome than others all led to a full and active twelve month period.

This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1