Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

Native title report 2010, Aboriginal and Torres Strait Islander Social Justice Commissioner

eng

no index present

non fiction

Native title report 2010

Aboriginal and Torres Strait Islander Social Justice Commissioner

First Native Title Report by Mick Gooda sets out his priorities for his term as Aboriginal and Torres Strait Islander Social Justice Commissioner - 'relationship building' and 'effective engagement' are themes in both this Native Title Report and the Social Justice Report 2010; discusses what the Declaration of the Rights of Indigenous Peoples says about Indigenous rights to lands, territories and resources and how it will inform the Social Justice Commissioner's approach to his work; calls for a government response to the social justice and native title reports; discusses building an understanding of, and respect for "our rights to our lands, territories and resources" believing that a real understanding of what native title means "to us as peoples, and the impact of the native title system on our human rights, is still missing from the nation's consciousness" p. 9; creating a just and fair native title system; enhancing capacity to realise social, cultural and economic development aspirations; discusses achievements in agreement making with information on Yawuru agreements, Kownayama Consent Determination, Noongar Heads of Agreement; outlines changes to the Native Title Act in the Native Title Amendment Act 2009; discusses financial support for settlements and the potential for a Native Title National Partnership Agreement; discusses the Native Title Amendment Bill (No. 2) 2009 (which lapsed) and was reintroduced as the Native Title Amendment Bill (No. 1) 2010 which proposes changes to the future acts regime; suggests that the new future act process may encourage governments to circumvent agreement-making processes; recommends thaqt the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform; Chapter 3 discusses how governments can better engage with Aboriginal and Torres Strait Islander people and cites instances when consultation and negotiation has not taken place in an effective way; discusses the relationship between consultation, consent and special measures; examines the consultation process for the Native Title Amendment Bill (No. 2) 2009 and the reforms to the Northern Territory Emergency Response measures; discusses amendments to the five-year lease provisions of the Northern Territory Intervention legislation; discusses whether the Australian Government was open to responding to the concerns of Aboriginal people affected by the measures

Introduction -- Recommendations -- Chapter 1: Working together in 'a spirit of partnership and mutual respect': my native title priorities -- Chapter 2: 'The basis for a strengthened partnership': reforms related to agreement-making -- Chapter 3: Consultation, cooperation, and free, prior and informed consent: the elements of meaningful and effective engagement; Appendices: Appendix 1: Acknowledgements -- appendix 2: Native Title Report 2009 recommendations; Appendix 3: Elements of a common understanding of free, prior and informed consent -- Appendix 4: Features of a meaningful and effective consultation process