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14 December 2012Book page
Native Title Report 2006: Appendix 3: Recommendations and relevant international human rights law
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. -
Aboriginal and Torres Strait Islander Social Justice24 May 2016Publication
Ending family violence and abuse
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. -
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 2005: Chapter 1: Background the origin of land rights and barriers to economic development through native title
The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action: -
14 December 2012Book page
Social Justice Report 2001: Chapter 6: Reconciliation – National progress one year on
In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly, I undertook to provide an annual evaluation of progress towards reconciliation as part of the social justice report. -
14 December 2012Book page
Ending family violence and abuse in Aboriginal and Torres Strait Islander communities – Key issues (2006)
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law. -
14 December 2012Book page
Social Justice Report 2006: Chapter 4: International developments on the rights of indigenous peoples – Closing the ‘protection gap’
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. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Project
UN Declaration on the Rights of Indigenous Peoples
The Declaration is the most comprehensive tool we have available to advance and protect the rights of Aboriginal and Torres Strait Islander peoples. I use the Declaration as my guide as Social Justice Commissioner. -
14 December 2012Book page
Chapter 4: Cultural safety and security: Tools to address lateral violence - Social Justice Report 2011
Lateral violence is a multilayered, complex problem and because of this our strategies also need to be pitched at different levels. In Chapter 3 I have looked at the big picture, with the human rights framework as our overarching response to lateral violence. In this Chapter I will be taking our strategies to an even more practical level, looking at how we can create environments of cultural safety and security to address lateral violence. -
14 December 2012Book page
Native Title Report 2005 : Introduction
This report is my second as the Aboriginal and Torres Strait Islander Social Justice Commissioner and marks a transition from a calendar year reporting period to a financial year to comply with s.46(1)(a) of the Human Rights and Equal Opportunity Commission Act (1986) (Cth). As the Native Title Report 2004 reported on the period January to December 2004, this report covers the period January to June 2005. -
Legal14 December 2012Webpage
The protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
14 December 2012Book page
Social Justice Report 2005: Chapter 3
The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place. -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
Commission – General14 December 2012Speech
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by President of the Human Rights and Equal Opportunity Commission John von Doussa QC Human Rights Medal and Awards Ceremony Sheraton on the Park Hotel, Sydney -
14 December 2012Book page
Social Justice Report 2006: Chapter 2: The new arrangements for Indigenous affairs – facilitating Indigenous access to government services
It has now been over two years since the federal government introduced new arrangements for the administration of Indigenous affairs. One of the catchcries of the new arrangements is that they are aimed at ‘harnessing the mainstream.’ This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis. -
14 December 2012Book page
Chapter 2: Lateral violence in Aboriginal and Torres Strait Islander communities - Social Justice Report 2011
Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships: -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
The practical power of human rights
I would like to begin by acknowledging the traditional owners of the land we are meeting on tonight. I pay my respects to their elders past and present. -
Legal14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
Legal14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). -
Legal14 December 2012Webpage
Submission - Proposed minor native title amendments (2009)
You are all aware of the cultural, linguistic and historical factors that impact upon Indigenous people’s interaction with the legal system. Such factors that include: