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Review the recommendations from the Native Title Report 2001.

Native title agreements are emerging as an important tool in defining the rights of native title holders over their land. As Aboriginal and Torres Strait Islander Social Justice Commissioner I welcome negotiation and agreement-making as a way of establishing a stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land. However I am…

Chapter 1: Nation in dialogue The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. This dialogue has occurred between the Australian government and and two UN treaty committees, on the Elimination of Racial Discrimination (August 1999 and March 2000) and the Human…

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…

Chapter 5: Implementing the amendments to the Native Title Act In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people. (1) The committees found that the amendments were

(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion;

1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10 th , 11 th and 12 th periodic reports under CERD, March 2000; 2) Human Rights Committee: additional information to Australia's third and fourth periodic reports, for consideration during the 69 th session, July 2000; and 3) Committee on Economic, Social and Cultural Rights:…

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 22March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations.

1. The Committee examined the third and fourth periodic reports of Australia (CCPR/C/AUS/99/3 and 4) at its 1855th, 1857th and 1858th meetings, held on 20 and 21 July 2000. At its 1867th meeting on 28 July 2000, the Committee adopted the following concluding observations.

The following instruments, declarations, principles and guidelines set out Australia's International human rights obligations with regard to cultural heritage protection.

Learn about the preliminary report on the Bringing Them Home project.

Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. Confidential submission 338, Victoria.

Every morning our people would crush charcoal and mix that with animal fat and smother that all over us, so that when the police came they could only see black children in the distance. We were told always to be on the alert and, if white people came, to run into the bush or run and stand behind the trees as stiff as a poker, or else hide behind logs or run into culverts and hide. Often the white…

Within months of the `First Fleet' arrival at Sydney Cove in 1788 there was `open animosity' as Indigenous people protested against `the Europeans cutting down trees, taking their food and game, and driving them back into others' territories'. Bitter conflict followed as Aboriginal people engaged in `guerilla warfare - plundering crops, burning huts, and driving away stock' to be met by `punitive…

From 1835, when the European occupation of Victoria commenced, until the 1880s government policy was one of segregation of Indigenous people on reserves. These were mainly controlled by missions.

The colony of Moreton Bay was established as a penal outpost of New South Wales in 1825. Extreme violence accompanied the rapid expansion of European settlers, particularly in the north. This violence and the spread of introduced diseases resulted in a rapid decrease in the Indigenous population. Kidnapping Indigenous women and children for economic and sexual exploitation was common.

The forcible removal of Indigenous children from their families occurred during two periods in Tasmania. The first commenced with the European occupation of Van Dieman's Land (as Tasmania was called until 1856) in 1803 and lasted until the middle of the nineteenth century. The second commenced in the 1930s with the forcible removal of Indigenous children from Cape Barren Island under general…

Human Rights and Equal Opportunity Commission Report Bringing them Home Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander ºÚÁÏÇ鱨վ from Their Families April 1997 back to content page / previous chapter / next chapter Part 2 Tracing the History Chapter 2: National Overview Chapter 3: New South Wales and the ACT Chapter 4: Victoria Chapter 5:…

The general opinion of station people is that it is a mistake to take these children out of the bush. They say that the aboriginal mothers are fond of their children and in their own way look after them and provide for them and that when they grow up they are more easily absorbed and employed than those who have been taken out of their natural environment and removed to towns.

In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers…