Table of Contents
Membership of the Committee (PDF format)
(Word format)
Terms of Reference (PDF format) (Word format)
Executive Summary (PDF format) (Word
format)
CHAPTER 1 (PDF format) (Word format)
Chapter 2 (PDF format) (Word format)
CERD and the CERD Committee
The History of the Convention and Australia’s Signing and Ratification
The Significance of the CERD for Australia
The Committee on the Elimination of Racial Discrimination
CHAPTER 3 (PDF format) (Word format)
International Standards
Equality and Discrimination under CERD
The Obligations of State Parties under the CERD
CHAPTER 4 (PDF format) (Word format)
The CERD Decisions
The CERD Committee Decision 1(53) and Request for Further Information
The CERD Committee Decision 2(54)
The CERD Committee Decision 2(55)
The CERD Committee’s 56th Session – Concluding Observations
on Australia
CHAPTER 5 (PDF format) (Word format)
Common Law Native Title and the Native Title Act 1993
Recognition and Extinguishment of Native Title: Mabo (No 2)
Recognition and Protection of Native Title: The Native Title Act
1993
Equality and Non-Discrimination: The Original Native Title Act 1993
The Need to Amend the Native Title Act
The Passage of the Native Title Amendment Act 1998
Outline of the Amendments to the Native Title Act
CHAPTER 6 (PDF format) (Word format)
The Amended Native Title Act and Australia’s
obligations under the CERD
Summary of the CERD Committee Decision
The Proper Approach
Comparing the Rights of Indigenous and Non-Indigenous people
Countervailing Beneficial Measures in the Amended Act
The Four Contentious Sets of Provisions
Conclusion
CHAPTER 7 (PDF format) (Word format)
International Law Governing the Political Rights
of Indigenous Peoples
A Requirement of Informed Consent
A Requirement of Effective Participation
CHAPTER 8 (PDF format) (Word format)
Conclusions
The CERD Committee Recommendations
The Impossibility of ‘Suspending’ the Implementation of the
1998 Amendments
APPENDIX 1 (PDF format) (Word
format)
List of Submissions to the Inquiry
APPENDIX 2 (PDF format) (Word format)
List of Witnesses Who Appeared Before the Committee
APPENDIX 3 (PDF format) (Word format)
CERD Decision 2(54) on Australia
APPENDIX 4 (PDF format) (Word format)
NAILSS Submission to the Parliamentary Joint Committee, 22 March 1999
APPENDIX 5 (PDF format) (Word format)
REPORT OF THE NON-GOVERNMENT MEMBERS OF THE PARLIAMENTARY JOINT COMMITTEE
CHAPTER 1 (PDF format) (Word format)
Executive Summary and Recommendations
The Content of International Obligations: Equality
The Original Native Title Act
The CERD Committee’s Findings and the Amended NTA
Responding to the CERD Committee’s Findings: Amending the Native
Title Act
RECOMMENDATIONS
Chapter 2 (PDF format) (Word format)
CERD and the CERD Committee
The Convention on the Elimination of All Forms of Racial Discrimination
The Committee on the Elimination of Racial Discrimination
The CERD Committee’s Practice
The CERD Committee Decisions on Australia
Chapter 3 (PDF format) (Word format)
International Standards
Discrimination and Equality at International Law
The Obligations of State Parties under the CERD
CHAPTER 4 (PDF format) (Word format)
Common Law Native Title and the Native Title Act 1993
Colonisation and the Denial of Indigenous Property Rights
Mabo v Queensland (No 2): The Recognition and Extinguishment
of Native Title
The Native Title Act: Recognition, Protection and Extinguishment
The Status of the Protections in the Native Title Act
The Native Title Act and Equality
CHAPTER 5 (PDF format) (Word format)
The Need to Amend the Native Title Act 1993
The Brandy Decision
The Threshold Test for Acceptance of Applications
The ‘Workability’ of the Native Title Act and the Wik
Decision
Chapter 6 (PDF format) (Word format)
The Amended Native Title Act 1993
Introduction
Part 1 – Recognition of Native Title
A Limited Concept of Native Title: The ‘Bundle of Rights’
View 91
The Brandy Amendments
The Federal Court’s Way of Operating
Native Title Representative Bodies
Part 2 – Protection of Native Title
The Freehold Test
The Primary Production Provisions
The Right to Negotiate
The Registration Test
Authorisation of Future Acts Through Agreement
Part 3 – Extinguishment
Intermediate Period Act Validation and Extinguishment of Native Title
Confirmation of Extinguishment Provisions and the Scheduled Leases
Future Extinguishment of Native Title
Compensating for Extinguishment
Part 4 – Does the Amended Act ‘Wind Back’ the Protections
of the Mabo (No 2) Decision and the Original NATIVE TITLE
Act?
The Protections of the Common Law: the Mabo (No 2) Decision
The Protections in the Original Native Title Act
Conclusion
Part 5 – The Amended Native Title Act and Equality
CHAPTER 7 (PDF format) (Word format)
Is the CERD Committee’s Decision Sustainable?
The CERD Committee’s Findings
Analysis of the CERD Committee’s Findings in the Context of International
Law
Conclusion: Is the CERD Decision Sustainable?
CHAPTER 8 (PDF format) (Word format)
Amending the Native Title Act
Amending the Amended Native Title Act
Suspending the Implementation of the 1998 Amendments
CHAPTER 9 (PDF format) (Word format)
Dialogue with the CERD Committee
Opportunities for Liaison with the CERD Committee
What Dialogue with the CERD Committee Can Offer Australia
Negotiation with Indigenous People a Priority
APPENDIX 1 (PDF format) (Word format)
Speech by the Prime Minister, Hon Paul Keating MP, Redfern, 10 December
1999
Australian launch of the International Year for the World’s Indigenous
People
APPENDIX 2 (PDF format) (Word format)
Transcript of the Prime Minister, Hon John Howard MP, 17 May 1997
Longreach Address on the Wik 10 Point Plan
APPENDIX 3 (PDF format) (Word format)
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