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The primary responsibilities of the Legal Section are to assist the President or their delegate in the preparation of notices and reports under the Human Rights and Equal Opportunity Commission Act 1986 (Cth); to act as counsel or instructing solicitor for the Commission in interventions and amicus curiae matters; to assist the Commission in work arising from legislation or bills raising human rights issues and to monitor and promote awareness of developments in international and domestic human rights law, including discrimination jurisprudence in the Federal Court and Federal Magistrates Cour

In June 2003, the Human Rights and Equal Opportunity Commission (HREOC) engaged the Centre for Cultural Research (CCR) at the University of Western Sydney (UWS) to investigate Australian Arabs' and Muslims' experiences of post-September 11 racism, the extent to which these experiences were going unreported and the reasons for this. The CCR team was charged with addressing the following questions:

In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights.

All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law.

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’.

In my role as Aboriginal and Torres Strait Islander Social Justice Commissioner I am required to produce two annual reports on Indigenous human rights issues – the Social Justice Report and the Native Title Report.

Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources.

1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all left ...

A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles.

The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s.

In accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 14 recommendations- 2 in relation to support for building on promising practices in family violence and child abuse and 12 in relation to the Northern Territory intervention. The report also contains 1 follow up action that my office will undertake in the next 12 months in relation to monitoring the Australian government response to my recommendation on the Northern Territory intervention.