Australian Human Rights Commission
Information for LOI – Australia, 29 August 2016
38.
6.3
Issue for consideration in the LOI: Information on the resourcing of the
Implementation Plan for the National Aboriginal and Torres Strait
Islander Health Plan 2013-2023 to ensure the activities contained therein
are prioritised and coordinated, and capable of progressively realising
improvements in the enjoyment of ESC rights by Indigenous peoples.
Income management and poverty
Concluding Observations paras 20 & 24; ICESCR Articles 9 & 11
39.
The Commission is concerned that the Australian Government’s Healthy
Welfare Card trials and Community Development Program are not opt-in
income management schemes and have disproportionate effects upon
Aboriginal and Torres Strait Islander peoples.19
40.
Issues for consideration in the LOI:
6.4
•
Information on the impact of the Community Development
Program on Aboriginal and Torres Strait Islander peoples.
•
Information on the impact of the Healthy Welfare Card trials on
Aboriginal and Torres Strait Islander peoples.
Cultural Rights (native title)
Concluding Observations para 32; ICESCR Article 15
41.
Aboriginal and Torres Strait Islander peoples face challenges in having their
traditional connection to land recognised through the native title system, and in
conducting subsequent economic activities on this land (the Indigenous
Estate).
42.
The Commission welcomes the Australian Government’s commitment and
support for a national dialogue with Aboriginal and Torres Strait Islander
peoples and the finance sector to identify practical reform options which
address challenges to economic development on the Indigenous Estate.
These challenges include the barriers arising from the communally held and
inalienable nature of the rights and the types of commercial opportunities in
urban, regional and remote areas.20 The Commission is currently undertaking
an Indigenous led consultation, industry engagement and development of
practical options to address these issues through the Indigenous Property
Rights Project.21
43.
The Commission notes that some of the issues in relation to the realisation of
the right to land of Indigenous peoples are also being explored in the Council
of Australian Government’s Investigation into Indigenous Land Administration
and Use22 and the Australian Law Reform Commission Connection to Country
Review of the Native Title Act 1993 (Cth).23
44.
The Australian Government has also released a White Paper on the
development of Northern Australia. Significant tranches of land in Northern
8