The Australian Human Rights Commission
Social Justice and Native Title Report 2016 features the following recommendations
R1: The Australian Government follow up the initial meetings with Indigenous leadership with regular consultations which materially inform policy and legislation impacting Aboriginal and Torres Strait Islander peoples.
R2: The Australian Government pursue the key priorities for change and recommendations outlined in the Redfern Statement, utilising the Council of Australian Governments and other processes to engage states and territories.
R3: The Australian Government establish and promote a monitoring and reporting framework to measure government progress in relation to Indigenous child welfare.
R4: The Australian Government, as a matter of urgency, support the development of justice targets, Justice Reinvestment initiatives and other evidence based state and territory legislative, administrative and service delivery initiatives that will contribute to substantial reductions in Indigenous incarceration rates.
R5: The Australian Government prioritise early intervention and prevention initiatives that provide comprehensive support and protection from violence to vulnerable Indigenous populations including women, children and the elderly.
R6: The Australian Government ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
R7: The Australian Government follow through on the Implementation Plan for the National Aboriginal and Torres Strait Islander Health Plan 2013-2023 by:
• providing new, quarantined funding for each of the activities outlined in that plan; and
• continuing to work with the National Health Leadership Forum to oversee the progress of the plan.
R8: The Australian Government work with the Western Australian Government to ensure that the principles of free, prior and informed consent underpin the consultation with Aboriginal peoples regarding any proposed land tenure changes as a part of its Regional Services Reform policy.
R9: The Australian Government support the outcomes of the national consultations conducted by the Referendum Council.
R10: The Australian Government include the United Nations on the Declaration on the Rights of Indigenous Peoples (UNDRIP) in the definition of human rights in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) and review existing legislation, policies and programmes for conformity with the UNDRIP.
R11: The Australian Government encourage state and territory governments to consult with Indigenous peoples about the need to establish or re-establish stolen wages reparations schemes.
R12: The Australian Government should make the Cashless Debit Card and the Community Development Program in remote communities’ voluntary, opt-in schemes (See Social Justice Native Title Report 2015, Recommendation 5).
R13: The Australian Government conduct independent evaluations of the Cashless Debit Card Trials and Community Development Program which involve participation and feedback from Aboriginal and Torres Strait Islander peoples directly affected and make these evaluations publically available.
R14: The Australian Government work with the states, territories and relevant stakeholders including the National Native Title Tribunal, to ensure the integration of key information about the Indigenous Estate on state and territory land title information systems.
R15: The Australian Government support Indigenous land holders to more comprehensively map the extent of their Indigenous Estate.
R16: The Australian Government support the Indigenous Strategy Group’s endorsed model(s) for long-term leasing.
R17: The Australian Government support the review of state and territory land use planning regimes in consultation with Indigenous organisations to ensure the Traditional Owners of the Indigenous Estate can exercise the right to free, prior and informed consent regarding land use planning decisions.
R18: The Australian Government:
• recognise the key roles that native title Prescribed Bodies Corporate (PBCs), Native Title Representative Bodies and Service Providers (NTRB/SPs), the National Native Title Council and locally based, Indigenous-led specialist cultural and economic development organisations play in driving and supporting economic development on the Indigenous Estate; and
• ensure these Indigenous-led organisations are properly funded and supported to carry out this important work, in addition to any statutory duties they may have.
R19: The Australian Government support locally based research and scoping initiatives to identify Indigenous-led economic development opportunities suited to the unique land holdings and strengths of Traditional Owner groups, including opportunities to develop the cultural economy, partner with local operations and ‘tap in’ to industry initiatives in the broader region.
R20: The Australian Government fund effective, applied training in business and other skills to build the capacity of Aboriginal and Torres Strait Islander directors and managers.
R21: The Australian Government support the analysis of risks for both Indigenous land holders and financial institutions with the objective of developing a new risk framework to underpin decision making, investment and business practices regarding the Indigenous Estate in partnership with Indigenous people and financial institutions.
R22: The Australian Government support legislative and policy measures to allow Prescribed Bodies Corporate (PBCs) to freely choose the best incorporation method for their purposes and support the regulators to assist PBCs in governance and incorporation matters.
R23: The Australian Government continue to support and resource locally designed employment programs including ranger and other culturally based land management programs beyond the current 2020 commitment.
R24: The Australian Government support the development of tailored governance arrangements and other tools to support effective benefit sharing and wealth management strategies.
R25: The Australian Government work with the states and territories to avoid limiting recognition of native title rights to take resources in consent determinations.
R26: The Australian Government prioritise funding Native Title Representative Bodies and Native Title Service Providers (NTRB/SPs) to pursue native title compensation claims on behalf of their clients through litigation or agreement making.
R27: The Australian Government continue to support and resource the Australian Human Rights Commission to facilitate the Indigenous Property Rights Project with Aboriginal and Torres Strait Islander peoples, government and other stakeholders, in order for the agenda developed by the Indigenous Strategy Group to be further advanced and achieved.
R28: The Australian Government, in cooperation with representative bodies, use the UNDRIP to develop subject specific indicators and work with the Australian Human Rights Commission to monitor the implementation of UPR recommendations relating to Aboriginal and Torres Strait Islander people.
