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In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to…

The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy:

This document is intended to provide a brief overview of the main findings of the Social Justice Report 2002. See the executive summary of the report for a more detailed description of the reports findings.

The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework.

back to contents Native Title Report 2001 Chapter Three: Negotiating co-existence through framework agreements Introduction Native title interests are entitled to the same level of protection as non-Indigenous interests Negotiation of agreements should encourage and allow continued observance of Indigenous laws and customs Negotiation of agreements should recognise Indigenous governance…

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…

One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and…

The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current…

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.

You can read the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander ºÚÁÏÇ鱨վ from Their Families, from April 1997.