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Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International Conventions do not have legal force in domestic law, and cannot be directly applied by the domestic courts in Australia, unless the Australian Parliament enacts them into legislation.

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.

Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children.

Securing sustainable and just economic outcomes for Aboriginal traditional owners and residential communities in the remote regions of the Northern Territory has been an elusive goal for national and Territory governments, various public agencies and community groups for many years. The increasing value and intact environmental nature of much of the Indigenous estate across the North of Australia in a carbon trading context offers opportunities that could create sustainable on-country development for traditional owners in the region through new and exciting economies.

This paper considers how the native title system might operate more effectively to assist traditional owner groups realise their goals for economic and social development. It relies on human rights principles to build a framework for economic and social development. This framework integrates ethical principles, such as equality and respect for Indigenous culture, with the economic and social factors that determine how well Indigenous people live in their communities.