Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 4.4 Cultural Rights (native title) (ICESCR Article 15; Concluding Observations 32) 23. The Commission welcomes recent initiatives to identify practical reform options relating to native title, including which address barriers to recognition of native title and challenges to enabling indigenous led economic development on the Indigenous Estate. Initiatives include the Commission undertaking an Indigenous-led Indigenous Property Rights Project; the Council of Australian Governments (COAG) recently finalised Investigation into Indigenous Land Administration and Use; and the Australian Law Reform Commission’s Connection to Country Review of the Native Title Act 1993 (Cth).10 24. The Australian Government has also 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, and serious concerns have been raised about the extent of engagement with these land holders. Without sustained and meaningful engagement based on respect for these rights and protection of heritage Aboriginal and Torres Strait Islander peoples are at risk of substantial losses of their rights and interests in land as a result of the Northern Australia Development Agenda. 25. Recommendations: That the Australian Government support reforms to law, policy and practice that enable economic development undertaken by Indigenous peoples on their lands that are undertaken with their free, prior and informed consent. That the Australian Government implement the recommendations of the Australian Law Reform Commission’s Connection to Country Review of the Native Title Act 1993 (Cth) and the COAG Investigation into Indigenous Land Administration and Use in order to better recognise and protect Indigenous peoples’ native title rights and interests. That the Australian Government ensure that Aboriginal and Torres Strait Islander peoples’ rights to their traditional estates are not negatively impacted by the Northern Australia Development Agenda. 5 People with Disabilities 5.1 National Disability Strategy (NDS) (ICESCR Article 2(2); LOI 10) 26. The NDS was formally endorsed by COAG on 13 February 2011. It sets out an ambitious framework for addressing the rights of persons with a disability across a range of ESC rights. 27. The Commission is concerned at the slow progress in implementing the NDS. Insufficient funding and dedicated programs have been developed to implement the actions identified in the NDS. Monitoring and evaluation of the strategy has also been limited. 6