Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
federal system as limitation on its ability to exercise responsibility for
supporting indigenous rights defenders’.127
Recommendation 24: That the Australian Government provide adequate
ongoing funding of the Aboriginal and Torres Strait Islander peak
organisations and for Indigenous legal assistance.
Cultural rights (native title) (CERD articles 2, 5; Declaration
articles 3, 10, 11, 20, 25, 26, 27, 28, 29, 32; CO 16 & 18)
110.
The Commission welcomes recent initiatives to address barriers to the
recognition of native title and challenges to enabling Indigenous-led
development on the Indigenous Estate, such as COAG’s Investigation into
Indigenous Land Administration and Use128 and the ALRC’s review of the
Native Title Act 1993 (Cth).129
111.
The Australian Government has released a White Paper on the development
of northern Australia. Significant tranches of land in northern Australia
(Western Australia, Queensland and the Northern Territory) are held by
Aboriginal and Torres Strait Islander peoples. Serious concerns have been
raised about the extent of genuine engagement by governments with these
land holders on issues that affect them and the effectiveness of laws for the
protection and management of Indigenous heritage sites and knowledge.130
Recommendation 25: That the Australian Government ensure that any
reforms that affect Aboriginal and Torres Strait Islander peoples’ lands
are undertaken with their participation and free, prior and informed
consent.
Recommendation 26: That the Australian Government implement the
recommendations of the ALRC’s Connection to Country Review of the
Native Title Act 1993 (Cth) and the Council of Australian Governments’
Investigation into Indigenous Land Administration and Use in order to
better recognise and protect Aboriginal and Torres Strait Islander
peoples’ native title rights and interests.
Recommendation 27: That the Australian Government ensure that
Aboriginal and Torres Strait Islander peoples’ rights to their traditional
estates are not negatively affected by the development of northern
Australia.
Closing the Gap Strategy (CERD article 5; Declaration articles
3, 4, 13, 14, 19, 21, 23 & 24; CO 21 & 22)
112.
The Commission welcomes the targets in the Australian Government’s
Closing the Gap strategy. These targets are:
i. to halve the gap in child mortality by 2018
ii. to close the gap in life expectancy by 2031
iii. to have 85% of all Indigenous four-year-olds enrolled in early childhood
education by 2025
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