5 A human rights-based approach to native title reform Like Commissioner Dodson’s Native Title Report 1993, this Report posits native title (and land justice more broadly) as unfinished business which impacts not only whether or not our people can enjoy our social, economic and cultural rights, but also whether all Australians can reconcile our history and forge a relationship of trust, respect and commonality moving forward. Like Wiyi Yani U Thangani in 2020, in listening to women involved in the native title system, this Report also draws attention to the solutions that First Nations women and communities are bringing to the table to deal with the myriad issues presenting through the native title system. Despite so thoroughly denying many of our peoples control over their Country, the native title system has, nonetheless, precipitated some incredible governance developments for a considerable number of groups across the country. In struggling against the system and constantly having to find work-arounds, native title claimants and groups have found various governance solutions that do support self‑determination in varying degrees. In the Native Title Report 2012 and Social Justice Report 2012, the fifth Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda, looked closely at this issue of self-governance and self‑determination and their various manifestations.55 As each of the previous Social Justice Commissioners’ reports has done, Commissioner Gooda’s 2012 reports highlighted many examples of community-led developments which have had success – because they were designed and implemented by the First Nations peoples whom they were intended to benefit. Where a service was provided by a non‑Indigenous provider, it was highlighted because it was an example of true co‑design and collaboration, centring culture, respecting and prioritising the knowledge of Elders and other First Nations leaders within community, listening to the needs of community and ultimately centring community in the design and delivery of the services.56 The interviews which form the primary evidentiary basis of this Report highlight the ingenuity and resilience of our communities and particularly, in this case, our women, in coming up with various self-empowering solutions to the problems that governments continue to put in our way. In this way, it follows in the footsteps of previous native title and social justice reports. Daisy Tjuparntarri Ward dancing in the ministers, Mr Wyatt and Mr Dawson, to the signing of the Settlement Agreement at Mina Mina for the Pila Nature Reserve. Image: © Jason Thomas, permission granted for use by Warnpurru AC/RTNB. Australian Human Rights Commission 37