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Social Justice Report 2000 back to contents Chapter 5: Reparations Introduction Reparations and forcible removal policies Reparations in international law: the van Boven principles and international treaties Reparations in Australia: the Federal government's response An apology Compensation Litigation International comparisons Canada i) Gathering strength - responding to the Royal Commission…

Social Justice Report 2000 back to contents Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000. The following is an extract of the information provided to these committees: 1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th…

1. The Committee considered the tenth, eleventh and twelfth periodic reports of Australia, submitted as one document (CERD/C/335/Add.2), at its 1393rd, 1394th and 1395th meetings (CERD/C/SR.1393, 1394 and 1395), held on 21 and 22 March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations.

Social Justice Report 2006 Back to Contents Freedom Day (from back cover of the report) Freedom Day is the name given to the annual commemoration of the Wave Hill Walk Off. The 40th anniversary of the Walk-off was held in late August 2006. The festival was a celebration and commemoration for Gurindji, stockmen, families and other people associated with the history of the Wave Hill Walk Off…

In 2006, the Aboriginal and Torres Strait Islander Social Justice Commissioner conducted a national survey of Indigenous Australians living on Indigenous land. There were 54 survey respondents, which included traditional land owners, as well as other Indigenous Australians with interests in land and land-use. The survey questions asked Indigenous respondents to identify their aspirations for…

In 2006, the Australian Government added a new section 19A to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA) to provide that (with Ministerial consent) a Land Trust may grant a 99-year headlease over an Aboriginal township to an approved entity of the Commonwealth or the Northern Territory Government.

The federal Government has made a commitment to ‘normalise’ Indigenous communities by increasing Indigenous home ownership and reducing reliance on subsidised rental accommodation.

Specific examples The Memorandum of Understanding between the Minerals Council of Australia, the Australian Government and the East Kimberley Regional Partnership Agreement, discussed in Chapter 3 of the report, describes a collaborative approach to support Indigenous economic development in eight trial sites across Australia.

This, my first report under s209 of the Native Title Act 1993 (Cth) (NTA), is part of a larger project that commenced prior to my appointment as Aboriginal and Torres Strait Islander Social Justice Commissioner in July 2004. The project aims to investigate how native title can be utilised to improve the economic and social conditions of Indigenous peoples' lives.

Chapter 1 : The Consultations 1. Identification of the traditional owner group 2. Governance 3. Capacity development 4. Resources 5. Maximising opportunities for economic development 6. Regional issues 7. Legal issues 8. Effective relationships 9. Engagement between parties Endnotes During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and…

Chapter 3 : Looking Forward - A Policy Approach to Native Title Public sector reform - a whole of government approach Whole of government and the administration of Indigenous affairs Native Title Policy - A New Direction The Principles - a whole of government approach Endnotes The framework of principles presented in chapter 2 of this Report puts the economic and social development of the

This paper considers how the native title system might operate more effectively to assist traditional owner groups realise their goals for economic and social development. It relies on human rights principles to build a framework for economic and social development. This framework integrates ethical principles, such as equality and respect for Indigenous culture, with the economic and social…

...the Aboriginal and Torres Strait Islander Social Justice Commissioner report on the operation of the [NTA] and its effect on the exercise and enjoyment of human rights of Aboriginal peoples and Torres Strait Islanders.

The Native Title Report 2003 evaluates native title as a framework for economic and social development for traditional owner groups. While the legal framework for native title restricts its capacity to improve economic and social conditions for Indigenous people, the Report recognises that the native title agreement-making process provides an invaluable opportunity for States and Territories to…

This is my fifth report to the Australian parliament on the effect of the Native Title Act 1993 on the human rights of Aboriginal and Torres Strait Islander Peoples. In these five years of reporting my main focus has been on the legislative and judicial developments in native title law and the effect of these developments on the recognition of Indigenous rights to land. I have also followed the…

Chapter 1: Native title and the right to development The right to development Non-discriminatory Development Participatory Development Culture and Development Development that realises economic, social and cultural rights Self-Determined Development Sustainable Development A sustainable development framework for native title negotiations Sustainable Development Relies on an Effective Process…

Chapter 2: Native Title Policy - State and Commonwealth profiles New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia Commonwealth Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that…

Chapter 4: Native Title and Agreement Making: a Comparative Study Canada The legal and constitutional context The Comprehensive Land Claims Settlements Process: General outline Comprehensive Agreements - issues and contemporary developments. Treaty-making in British Columbia - an incremental approach Self-government Implications from Canadian Law and Practice for the Australian Situation The…

The year under review in this, my fourth Native Title Report, is a year in which the High Court has handed down its decision in several significant native title cases thus elucidating the principles upon which the recognition and extinguishment of native title are determined. 2002 marks the end of a ten year period since the Mabo decision [1] first introduced the dual concepts of recognising and…

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.