Date of publication
Aug. 8, 2017
Document Reference #

A/HRC/36/46/Add.2

Publishing Organization
Special Rapporteur on the Rights of Indigenous Peoples
Document Type
Country Visit Report
Country
Australia
Relevant paragraphs, or extracts

106. The Special Rapporteur observed effective indigenous community-led initiatives in a range of areas, including public health, housing, education, child protection, conservation and administration of justice, which all have the potential of making immediate positive changes in the lives of Aboriginal and Torres Strait Islanders. The Government could achieve significant progress in realizing the rights of indigenous peoples if it consulted, financially supported and worked hand-in-hand with those organizations.

118. Concerning land rights and native title, the Special Rapporteur recommends that the Government:

  • (a) Review the system with multiple and overlapping legal regimes applicable to native title claims at the federal, state and territory levels, with a view to aligning them with the United Nations Declaration on the Rights of Indigenous Peoples, which does not contain norms requiring proof of continuous occupation of land;
  • (b) Subject any native title law reform to adequate consultations with all concerned stakeholders;
  • (c) Train more indigenous legal professionals with expertise on native title in order to allow Aboriginal and Torres Strait Islander communities to engage in land rights claims in an informed manner;
  • (d) Extend protected areas when requested by Aboriginal and Torres Strait Islander Peoples;
  • (e) Continue to support the joint management of protected areas and the indigenous rangers programme as these are laudable examples of best practices.