Search results

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.

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:

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)).

As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed.

This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development.

Alienate: 1. To dispose of, often used in relation to an interest in land. Alienation may be formal (such as by grant or conveyance), informal and involuntary (such as compulsory acquisition by the state). 2. To sell, lease or otherwise dispose of under the Crown lands Acts or any other Act relating to alienation of Crown land: (NSW) Crown Lands Act 199 s.172(1). See also Acquisition; Conveyance; Crown land; Grant.

Members of the National Indigenous Council (NIC) will meet with Land Councils/Native Title Representative Bodies (3 June 3005) to advance their discussions on the issues surrounding Indigenous land tenure.

Obligations to ensure effective participation exist in nearly all the main human rights treaties. These obligations have been synthesised into the principle of free, prior and informed consent of indigenous peoples.

This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this table.

During 2005, the Prime Minister, the Attorney-General, and the Minister for Immigration and Multicultural and Indigenous Affairs, made statements to the effect that the Australian Government was interested in supporting Indigenous Australians to explore opportunities to lease or buy communal lands for private or personal use. The government's premise was that if Indigenous people were encouraged into private ownership of communal lands they would be able to build economic independence and wealth, and in doing so alleviate poverty.

1. That the Council of Australian Governments ensure the adequate funding of appropriate Indigenous agencies to record, preserve and administer access to the testimonies of Indigenous people affected by the forcible removal policies who wish to provide their histories in audio, audio-visual or written form.

Following the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families and the release of the report Bringing them home several questions have been frequently asked and statements made about the Inquiry’s findings and recommendations.

The policies and practices of separation and removal as described in the report were never universally approved as sometimes believed. They were in fact implemented in the face of clear and unequivocal warnings about the potentially disastrous and tragic consequences that may flow.

By the Aboriginal and Torres Strait Islander Social Justice Commissioner Download report PDF [1.5 MB] Word [720 KB] ...

I would like to welcome you all to the Human Rights and Equal Opportunity Commission for the first public hearing of the National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits.