Native Title Report 2008
Review changes to native title law and policy in 2008, including key court cases and legal developments affecting Aboriginal and Torres Strait Islander Peoples.
Summary
The report is focused on two main topics. First I give an overview of changes to native title law and policy, and summarise native title cases that were heard during the reporting period.
Native Title Report 2008
Contents
Chapter 4: Climate change context – International and Domestic
Case Study 1: Climate change and the human rights of Torres Strait Islanders
Case Study 2: The Murray-Darling Basin – an ecological and human tragedy
Appendix 3: Social Justice Package – recommendations made in 1995
Appendix 4: The international framework for engagement of Indigenous people in climate change policy
Appendix 6: Projected Climate Change Impacts and Potential Impacts on Indigenous Communities
Appendix 7: Overview of Australian water sector legislation and policies
Appendix 8: Desert Knowledge CRC Protocol for Aboriginal Knowledge and Intellectual Property
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Transmittal Letter
18 February 2009
The Hon Robert McClelland MP Attorney-General Parliament House CANBERRA ACT 2600
Dear Attorney,
I am pleased to present to you the Native Title Report 2008 in accordance with section 209 of the Native Title Act 1993 .
The report is focused on two main topics. First I give an overview of changes to native title law and policy, and summarise native title cases that were heard during the reporting period.
The second half of the report focuses on climate change and water policy, and makes a number of recommendations aimed at heightening Indigenous participation and engagement in these policy areas. While this includes consideration of the native title implications of these issues, I have also used this opportunity to examine the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples in light of other changes to policy and legislation made between 1 July 2007 and 30 June 2008 in accordance with section 46C(1)(a) of the Human Rights and Equal Opportunity Commission Act 1986.
The report also includes two case studies which demonstrate the potential impacts of climate change on the human rights of Torres Strait Islanders and the Indigenous nations of the Murray Darling Basin.
I look forward to discussing the report with you.
Yours sincerely
Tom Calma Aboriginal and Torres Strait Islander Social Justice Commissioner
Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner
Level 8, Piccadilly Tower, 133 Castlereagh Street, Sydney, NSW GPO Box 5218, Sydney, NSW 1042 Telephone: 02 9284 9600 Facsimile: 02 9284 9715
Website: http://www.humanrights.gov.au/social_justice/index.html