Native title report 2008

• Tom Calma
• Australian Human Rights Commission

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28 May 2009This year’s report examines the operation of the native title system and its affect on the exercise and enjoyment of human rights by Aboriginal and Torres Strait Islander peoples during the 2007-2008 reporting period. It will also discuss the effect of changes that were made to the native title system during 2007 under the previous Government’s native title reform process.

The report also considers three important native title cases before the courts during the 2007- 2008 reporting period; Noongar, Rubibi and Griffiths. This discussion is followed by a discussion of the Blue Mud Bay case which related to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). These cases highlight particular human rights implications for Aboriginal and Torres Strait Islander peoples, including:

• the compulsory acquisition of lands where no other interests in the land exist
• the ever present issues of connection and continuity
• the extinguishment of native title rights and interests
• the legitimacy of elements of traditional law and custom such as descent and succession.

In addition to examining the progress the government has made in achieving rights and equality for Indigenous peoples, and how the government can complement its symbolic Apology with practical, beneficial changes to the native title system, the theme of the Native Title Report 2008 includes the topical issues of climate change and water. It is in this context that I also consider the protection of Indigenous knowledge in policies and processes developed in response to these issues.

In examining these issues, and more particularly the effect they have on Indigenous peoples in Australia, Tom Calma makes a number of recommendations aimed at heightening the participation and engagement of Indigenous peoples in addressing these issues.