Central Land Council

Social Justice/Native Title Report – Tom Calma

Modifying the Northern Territory (NT) intervention legislation to maximise protection of children from abuse without racially discriminating against Indigenous people is just one major element of a 10 point plan outlined in the Social Justice Report 2007.

Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, said the plan involved proposed changes to the NT intervention legislation so that it maximised protection of children and families.

“In putting forth this plan, I note that the new federal government emphasised the importance of ensuring that the NT intervention is consistent with Australia’s human rights obligations,” Mr Calma said.

“But the fact is, as long as the NT intervention allows the conduct of racially discriminatory actions it will lack legitimacy among Aboriginal people and communities as well as the broader Australian society.”

In his Native Title Report 2007, Commissioner Calma called for an immediate review and a national summit to discuss ways to improve operations of Australia’s native title system.

Commissioner Calma said the Native Title Act was passed 15-years ago with the intention of protecting and promoting the rights of Indigenous Australians, but the system was now too complex, too legalistic and effectively gridlocked.

“The system does not seem to be effectively recognising and protecting native title,” Mr Calma said. “We need to rethink the entire system with an open mind and focus on increasing the recognition of native title strengthening its protection,” Mr Calma said.

“It is vital to Indigenous people and their future that their rights and interest in country according to their traditional laws and customs are recognised.

Recognition and protection of native title is critical to advancing reconciliation between Australia’s past and present, and between Indigenous and non-Indigenous Australians.”

The reports, produced annually by the Human Rights and Equal Opportunity Commission through the office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, consider the impact of government activity on the exercise and enjoyment of Indigenous people’s human rights.