Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 Recommendation 20: The Commission recommends that: • the Australian Government, through COAG, set criminal justice targets that are integrated into the Closing the Gap agenda. • the Standing Committee of Attorneys General Working Party identify justice reinvestment as a priority issue under the National Indigenous Law and Justice Framework, with the aim of conducting pilot projects in targeted communities in the short term. • all state and territory governments consider justice reinvestment in tandem with their plans to build new prisons. • a percentage of funding that is targeted to prison beds be diverted to trial communities where there are high rates of Indigenous offenders. Recommendation 21: To bring the NTER into full compliance with human rights standards the Commission recommends the NTER be amended as follows: • The categories of ‘disadvantaged youth’ and ‘long-term welfare payment recipients’ be reformulated to apply on a case-by-case basis . • Domestic violence not be included as an indicator for ‘vulnerable welfare payment recipient’ under the redesigned income management scheme • The capacity to compulsorily acquire any further five-year leases under Part 4 of the NTER Act be removed and the Government commit to obtaining the free, prior and informed consent of traditional owners to enter into voluntary lease arrangements for existing compulsory lease arrangements. • The government move towards further amendments of the NTER to incorporate notwithstanding clauses in the legislation and ensure all measures that are intended to be special measures comply with the RDA. Recommendation 22: The Commission also recommends that the Australian Government: • supplement any income management scheme with additional support programs that address the rights to food, education, housing, and provide support in the form of financial literacy/budgeting skills. • ensure the participation of Indigenous peoples in developing, implementing and monitoring alcohol management plans and ensure all alcohol management processes are consistent with the RDA. Alcohol restrictions should be supplemented by investment in infrastructure in the health and mental health sectors (including culturally appropriate detoxification facilities) and investment in culturally appropriate community education programs delivered by Indigenous staff. Recommendation 23: That the Australian Government take immediate steps to review the native title system and to implement measures to address the above concerns. Such measures should include amendments to the Native Title Act to 48