The Australian Human Rights Commission (the Commission) makes this submission to the Australian Government, providing comments on the native title payments discussion paper, Optimising Benefits from Native Title Agreements.

The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples. Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources.

The Commission acknowledges that the native title payments discussion paper - Optimising Benefits from Native Title Agreements (the Discussion Paper) aims to address some of the concerns raised by the Office of the High Commissioner for Human Rights, Human Rights Committee in their Concluding Observations on Australia in 2000.

The Commission considers that nearly all issues identified in the discussion paper, apart from the section on tax policy, can be addressed by building capacity and providing skills to communities to negotiate fairly and on an equal footing. This will require dedicated resources. With skilled negotiators, and skilled, capable communities who know their rights, good agreements will be made.