Monday, 31 March 2008
Need to simplify native title system to undo gridlock
The Australian native title system should be immediately reviewed and a national summit held to discuss ways to improve its operation, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said in the Native Title Report 2007, officially launched in Sydney today.
Commissioner Calma is required to report to the Attorney - General annually on major changes and challenges in the Native Title system over the past year.
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 and strengthening its protection.”
Mr Calma said the Native Title Act, and the systems set up under it, were essentially not fulfilling their objectives, which were to gain recognition and protection of native title for Indigenous people and, through this, to enable them to fully exercise and enjoy their human rights.
“It is vital to Indigenous people and their future that their rights and interests 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,” Mr Calma said.
He also expressed concern that recent changes to the native title system aimed at improving efficiencies had enjoyed some success but had not focussed on recognising and protecting Indigenous peoples’ native title.
The Native Title Report 2007 found that Indigenous people around the country were using their land and culture to pursue economic, social, cultural and environmental outcomes.
The Report profiles successful examples of sustainable development such as the Western Arnhem Land Fire Abatement (WALFA) project, which uses traditional fire burning practices to reduce carbon emissions while generating income for local communities.
Mr Calma said Indigenous Land Use Agreements (ILUAs) were another important tool of the native title system.
“The ILUAs and other aspects of the system should be examined closely by government to see how they can maximise the social, economic and native title outcomes for Indigenous Australians.”
The Native Title Report 2007, community guides and media releases are available online at www.humanrights.gov.au/social_justice/nt_report/
Media contact: Louise McDermott on (02) 9284 9851 or 0419 258 597
