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The following material was provided to the Inquiry by Michael Williams, Chairman of the Swedish Network of Refugee and Asylum Support Groups in a series of emails in April 2003.

The term of the Sex Discrimination Commissioner, Susan Halliday, expired on 26 April 2001 and the federal Attorney - General, the Hon. Daryl Williams, AM, QC, MP announced the appointment of Ms Pru Goward as Sex Discrimination Commissioner for a five-year term on 29 June 2001. Ms Goward commenced her appointment on 30 July 2001. In the interim, the President acted as Sex Discrimination Commissioner.

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.

The commissioner will inquire into the adequacy and appropriateness of Australia's treatment of child asylum seekers, and other children who are, or have been, held in immigration detention, including:

Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people.

The Refugee Council of Australia welcomes the Inquiry by the Human Rights and Equal Opportunity Commission into Children in Immigration Detention. In our opinion, this is a very timely and important Inquiry into an area of great significance to Australia as a nation and to the way that Australia is perceived internationally.

The message coming through loudly and clearly from consumers is that the introduction of Living Wills which have some legal force would mean an improvement in the recognition of their rights.

The framework of principles presented in chapter 2 of this Report puts the economic and social development of the traditional owner group at the centre of the native title process. It seeks to build the power and capacity of the traditional owner group to direct and achieve its own economic and social development. It sees the native title system as a tool to assist traditional owners in this process. The framework also envisages that other stakeholders in the native title system will assist the group in achieving its goals.

Over the past year increasing trends of prejudice and harassment of particular groups in our community has continued to be an area of significant concern for me. As noted in the 2002-03 annual report, I launched the Isma project in March 2003 in response to increasing concerns expressed by Arab and Muslim organisations about the rise in anti-Arab and anti-Muslim prejudice in Australia.

At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time.

The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system:

1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION

The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling Indigenous participation in program delivery and design as key features of its approach.