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In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights.

A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities.

Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources.

This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It…

The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2011.

The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011.

1.1 That the Australian Government work in partnership with Aboriginal and Torres Strait Islander peoples to develop a national strategy to ensure the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Native Title Report 2010 Introduction back to contents Building on a legacy The foundations of the Native Title Report 2010 Overview of the Native Title Report 2010 Towards a reconciled Australia As the Aboriginal and Torres Strait Islander Social Justice Commissioner, one of my primary responsibilities is to report annually on the impact of the Native Title Act 1993 (Cth) on the exercise…

Native Title Report 2010 Chapter 1: Working together in ‘a spirit of partnership and mutual respect’: My native title priorities back to contents 1.1 Introduction 1.2 My overarching priority: Advancing the implementation of the Declaration (a) What does the Declaration say about our rights to our lands, territories and resources? (b) How will the Declaration inform my approach to the Native…

For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties.

On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2]

The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2010.

[1] T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2009, Australian Human Rights Commission (2009), p xv. At http://www.humanrights.gov.au/social_justice/nt_report/ntreport09/index.html (viewed 19 November 2010).

a preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks and fair and equitable benefit-sharing in a context that respects the precautionary principle

In all cases, States should engage in ‘[a] good faith effort towards consensual decision-making’.[2] Consultation processes should therefore be framed ‘in order to make every effort to build consensus on the part of all concerned’.[3]

The position of the Aboriginal and Torres Strait Islander Social Justice Commissioner was established in 1993. The office of the Social Justice Commissioner is located within the Australian Human Rights Commission.

Download the Native Title Report 2010 in PDF and Word formats.

This is my sixth and final Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This Report covers the period 1 July 2008 – 30 June 2009.

Native Title Report 2009 Chapter 1: The state of land rights and native title policy in Australia in 2009 back to contents 1.1 Introduction 1.2 Policy approaches to land rights and native title – the legacy of the Howard Government 1.3 The Rudd Government’s response – new promises, a fresh approach in 2008-09? 1.4 Significant cases affecting native title and land rights 1.5 International…

Native Title Report 2009 Chapter 2: Changing the culture of native title back to contents 2.1 The challenge: decolonising the native title framework 2.2 We need a level playing field 2.3 Principles to underpin cultural change 2.4 Transforming the policy landscape 2.5 Conclusion 2.1 The challenge: decolonising the native title framework It is clear that the native title system has not…