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Native Title Report 2010: Recommendations

Native Title Report 2011

Recommendations

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Recommendations
Review of the Native Title Act
  1. That the Australian Government commission an independent inquiry to review
    the operation of the native title system and explore options for native title
    law reform, with a view to aligning the system with the United Nations
    Declaration on the Rights of Indigenous Peoples    . The terms of reference for
    this review should be developed in full consultation with all relevant
    stakeholders, particularly Aboriginal and Torres Strait Islander peoples. This
    inquiry could form part of the Australian Government’s National Human
    Rights Action Plan.
International human rights mechanisms
  1. That the Australian Government take steps to formally respond to, and
    implement, recommendations which advance the rights of Aboriginal and Torres
    Strait Islander peoples to their lands, territories and resources, made by
    international human rights mechanisms including:

    • Special Rapporteur on the rights of indigenous peoples
    • Expert Mechanism on the Rights of Indigenous Peoples
    • United Nations Permanent Forum on Indigenous Issues
    • treaty reporting bodie
Statement or Charter of
Engagement
  1. That the Australian Government develop a ‘Statement or Charter of
    Engagement’ to complement Engaging Today, Building Tomorrow: A
    framework for engaging with Aboriginal and Torres Strait Islander Australians.     This document should include the Government’s commitment to be guided
    by the principles of the United Nations Declaration on the Rights of
    Indigenous Peoples     when engaging with Aboriginal and Torres Strait Islander
    peoples, including the right to participate in decision-making, and the
    principle of free, prior and informed consent.
Implementation of
the recommendations from Native Title Reports
  1. That the Australian Government should implement outstanding recommendations
    from the Native Title Report 2010 and provide a formal response for next
    year’s Report which outlines the Government’s progress towards
    implementing the recommendations from both the Native Title Report 2010 and Native Title Report 2011.
Implementation of the
Declaration
  1. That the Australian Government work in partnership with Aboriginal and
    Torres Strait Islander peoples to develop a national strategy to ensure the
    principles of the United Nations Declaration on the Rights of Indigenous
    Peoples     are given full effect.
Lateral violence, cultural
safety and security in the native title system

  1. That targeted research is undertaken to develop the evidence base and tools
    to address lateral violence as it relates to the native title system. This
    research should be supported by the Australian Government.

  2. That Aboriginal and Torres Strait Islander communities and their
    organisations work together to develop engagement and governance frameworks that
    promote cultural safety and comply with the United Nations Declaration on the
    Rights of Indigenous Peoples    .

  3. That all governments working in native title ensure that their engagement
    strategies, policies and programs are designed, developed and implemented in
    accordance with the United Nations Declaration on the Rights of Indigenous
    Peoples    . In particular, this should occur with respect to the right to
    self-determination, the right to participate in decision making guided by the
    principle of free, prior and informed consent, non-discrimination, and respect
    for and protection of culture.

  4. That the Australian Government pursue legislative and policy reform that
    empowers Aboriginal and Torres Strait Islander peoples and their communities, in
    particular:

    1. reforming the Australian Constitution to recognise Aboriginal and Torres
      Strait Islander peoples, and address the provisions that permit discrimination
      on the basis of race

    2. ensuring that the National Human Rights Framework includes the United
      Nations Declaration on the Rights of Indigenous Peoples       to guide its
      application of human rights as they apply to Aboriginal and Torres Strait
      Islander peoples

    1. creating a just and equitable native title system that is reinforced by a
      Social Justice Package.

  5. That all governments, key organisations and industry partners working in
    native title conduct an audit of cultural safety and security in relation to
    their programs and policies that impact on Aboriginal and Torres Strait Islander
    peoples; and in consideration of the results, develop strategies to increase
    cultural competence within their agencies and organisations.


  6. That all governments, key organisations and industry parties working in
    native title, conduct education and awareness raising sessions on lateral
    violence for both Aboriginal and Torres Strait Islander and non-Indigenous
    staff.