to the native title system must be considered alongside state and territory legislation regarding land rights, and all jurisdictions’ cultural heritage legislation. Indeed, the stories in this Report illustrate the very basic but important fact that land justice – and within that, the native title system – is strongly connected to the general wellbeing of our peoples. It is part of our everyday life that the ongoing denial of land justice – and the discriminatory processes that are involved in that denial – result in a deprivation of our basic human rights to identity, culture and self‑determination. Native title and land rights is something that only we, as First Nations peoples in Australia, have to pursue, but it is in fulfillment of human rights that all Australians are entitled to enjoy, and most already do enjoy. As discussed earlier in this chapter, the content of those human rights – were they to be enjoyed – looks different for us because our culture is different and our traditional system of ‘land rights’ looked different under received British common law. But they are the same rights already enjoyed by everyone else in Australia. The first Social Justice Report by the first Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Dodson, clearly identified the importance of social justice, including land justice, to our everyday life. Social Justice must always be grounded in the daily lives of Indigenous Australians. Social Justice is what faces you when you get up in the morning. It is awakening in a house with an adequate water supply, cooking facilities and sanitation. It is the ability to nourish your children and send them to a school where their education not only equips them for employment but reinforces their knowledge and appreciation of their cultural inheritance. It is the prospect of genuine employment and good health: a life of choices and opportunity, free from discrimination. This is not an ideal. It is the commonplace experience of most Australians.53 Regarding native title and social justice, specifically, Commissioner Dodson went on to say: The recognition of native title has utterly recast the landscape of this country. It has brought Australian common law and morality into a closer relationship. It provides a unique opportunity for developing a closer relationship between Indigenous and non‑Indigenous Australians. Reconciliation based on justice presents the prospect of a unity which could uplift the entire community.54 This is the basis of approaching native title in this Report – 30 years later – through the stories of individual women and their native title journey. The unfinished business of land justice in Australia – specifically the failure of native title, land rights and cultural heritage protection legislation to facilitate self‑determination and community control – is a significant component of the failure of successive governments to see improvements in our well-being and health outcomes. Native title may seem removed from everyday life to many Australians who do not understand the importance of Country to our cultures and our identities, and to those who have not experienced the system. However, it is integral to how we experience our everyday life. By starting with how the human beings at the centre are impacted, valuable insights can be gained into how those systems and processes must change. 36 Women in Native Title: Native Title Report 2024

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