Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Recommendation 7: That all Australian governments commit to national
justice targets to reduce the rates of imprisonment of Aboriginal and
Torres Strait Islander adults and juveniles, and resource a national
strategy to achieve this. The Commission considers this issue to be of
such importance that the Committee should request an update from the
Australian Government on progress in 12 months time.
Native title and land rights (ICCPR article 27; LOI 25)
32.
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 the Council of Australian
Governments’ (COAG’s) Investigation into Indigenous Land Administration
and Use27 and the ALRC’s review of the Native Title Act 1993 (Cth).28
33.
The 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.29
Recommendation 8: That the Australian Government:
ensure that any reforms that affect Aboriginal and Torres Strait
Islander peoples’ lands are undertaken with their free, prior and
informed consent.
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.
ensure that Aboriginal and Torres Strait Islander peoples’ rights to
their traditional estates are not negatively affected by the
development of northern Australia.
Aboriginal and Torres Strait Islander women (ICCPR articles
2, 3, 7 & 26; LOI 10)
34.
Aboriginal and Torres Strait Islander women are particularly at risk of
violence.30 They are hospitalised for family violence-related assault at 30 times
the rate of non-Indigenous women.31
35.
The Commission notes that the National Plan to Reduce Violence against
Women and their Children 2010 – 2022, which has been developed to support
all women (including Indigenous women) and their children experiencing
violence, builds on COAG’s commitment under the Close the Gap
10