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14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
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. -
14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
24 April 2015Book page
Annex 2: Implementation status of first cycle UPR recommendations
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 ... -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
Commission – General14 December 2012Webpage
Links to Human Rights Organisations and Resources
This website contains links to other websites that are external to the Australian Human Rights Commission. The Commission takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. -
14 December 2012Book page
Native Title Report 2001: Introduction
Native title was recognised by the High Court, nearly ten years ago, on 3 June 1992. The Mabo decision [1] gave recognition to the unique and profound relationship that Indigenous people have always had with their land. -
Legal14 December 2012Webpage
Proposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked to many other rights including the right to food, the right to health and the right to take part in cultural life.[13] -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group. -
14 December 2012Book page
RE: MINISTERIAL INQUIRY INTO GREENFIELDS EXPLORATION - BOWLER INQUIRY (2001)
Thank you for the opportunity to make submissions to the Ministerial Inquiry to identify strategies to increase resource exploration in Western Australia - the Bowler Inquiry. Enclosed is a copy of my submission which contains several recommendations. -
14 December 2012Book page
Social Justice Report 2007 - Chapter 3: The Northern Territory 'Emergency Response' intervention
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’. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
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: -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for land. In this arbitration process the survival of non-Indigenous interests is assured. -
Rights and Freedoms14 December 2012Webpage
Universal Periodic Review on human rights - FAQ (2016)
back to UPR page The UPR is a unique process that involves the regular review of the human rights situation in each country in the world. The UPR provides two major opportunities for Australia: It allows the Australian community and Government to take stock of how well we are protecting and promoting the human rights of all people in Australia; and It permits the Australian Government to inform ... -
Commission – General14 December 2012Webpage
Senate File Listing 1 July 2011 – 31 December 2011
FileId: 2007/63-2 Create Date 22-Jul-2011 Name: AGE DISCRIMINATION PUBLIC AWARENESS CAMPAIGN 2007 Title: PUBLIC AWARENESS AND EDUCATION - SAGE CONTRACTING OUT FileId: 2009/21-3 Create Date 07-Oct-2011 Name: 2008 SPEECHES AND LECTURES Title: PUBLIC AWARENESS AND EDUCATION - ATSISJU ADDRESSES (PRESENTATIONS) FileId: 2009/307-2 Create Date 07-Oct-2011 Name: INCOMING AND OUTGOING CORRESPONDENCE RELATING TO Title: GOVERNMENT AGENCIES AND MINISTERS 2010 GOVERNMENT RELATION - SJU INQUIRIES FileId: 2010/72-2 Create Date 07-Oct-2011 Name: 2010 SUBMISSION Title: PUBLIC AWARENESS & EDUCATION - SJU SU -
14 December 2012Book page
Native Title Report 2002: Native title: the way forward
In the past 12 months the High Court has handed down several significant decisions which clarified the principles upon which the recognition and extinguishment of native title are determined. These principles are set out and discussed in the first three chapters of this report. In clarifying these principles, some of the Judges of the High Court have been mindful of their effect on Indigenous people. -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2]