Sentences with phrase «human rights standards»

It could help ensure that human rights standards, such as those discussed above, are given due consideration when the Australian Government and federal public authorities make decisions that affect our rights to our lands, territories and resources.

It catalogues existing human rights standards in one document and interprets them giving full consideration to Indigenous peoples» unique historical, cultural and social circumstances.

Chapter 2 evaluates these constructions of native title by reference to international human rights standards.

In Chapter 1, I call for a review of the Native Title Act to bring it in line with international human rights standards.

[38] Although the Intervention was not the first example of the Australian Government failing to comply with international human rights standards, it was a prescient reminder that the doctrines of representative and responsible government in Australia are at their weakest when relied upon to provide adequate safeguards for Indigenous rights protection in Australia.

These structures should include a strengths based approach that is informed by human rights standards and applied to both governments and communities.

The Native Title Report 2002 finds that there are fundamental shortcomings in the native title system and that it fails to meet the human rights standards required at international law.

I have also advocated the need for a holistic review of the operation of the native title system to ensure that it complies with international human rights standards.

In my view, the Declaration is not only a guide; it is also the assessment tool against which communities and governments can measure the successful application of human rights standards as they apply to the rights of Aboriginal and Torres Strait Islander peoples.

The Australian Government, along with many other nations, have acknowledged the importance of promoting and protecting human rights standards by ratifying international instruments including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.

The policy adopts human rights standards including those contained in the Declaration.

HREOC considers that it is preferable for judicial decision makers to be required to balance Aboriginal Customary Law issues with human rights standards, rather than imposing a legislative uniform ban or refusing to recognise certain practices.

However, no matter how useful and expedient the adoption of such a process may be to Government or the mining industry, it must not be used to reduce the existing rights of native title parties to their lands, both under current law and according to international human rights standards.

International proposals for recognition of customary law also propose that recognition be consistent with human rights: see for example, Article 33 of the Draft Declaration on the Rights of Indigenous Peoples: «Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive juridical customs, traditions, procedures and practices, in accordance with internationally recognized human rights standards».

The Commission has taken the approach set out in the Draft Guidelines to assess the consistency of the Bills under consideration with the RDA and human rights standards.

These developments are discussed more fully in the next section of the submission which considers the human rights justifications for recognising Aboriginal Customary Law and approaches for recognising Aboriginal Customary Law consistently with human rights standards.

As well as breaching human rights standards, it is unlikely that the Ward Policy advantaged anyone.

Yet it is these very decision - making activities and resource management rights that are an integral part of relevant international human rights standards.

This prevents native title parties from accessing their right to negotiate and so is inconsistent with the NTA and a breach of human rights standards.

BHP Billiton has full responsibility for meeting human rights standards for those operations over which it has control», BHP Billiton, Guide to Business Conduct, 2001, p12.

Recommendation 3: That the Government provide formal legislative recognition of Aboriginal Customary Law in the Sentencing Act by inserting a new section into the Act which requires magistrates and judges to determine in all matters whether Aboriginal Customary Law is a relevant consideration and if so, to provide appropriate weight to customary law in sentencing decisions and to apply it consistently with human rights standards (as defined in the six human rights treaties to which Australia is a party and through the instruments of the United Nations and under international law).

Accordingly, rather than imposing a uniform ban or refuse to recognise certain practices, the Commission notes that it is preferable for judicial organs to be required to balance Aboriginal Customary Law issues with human rights standards.

The Social Justice Commissioner developed the following checklist of human rights standards relating to diversion of juveniles, with a particular emphasis on recognising Indigenous cultural needs.

c) That the income management regime under the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth) be reviewed and amended to ensure compliance with human rights standards as outlined in this report.

advocate reform to the Native Title Act to ensure that it aligns with international human rights standards

As acknowledged by the Special Rapporteur on the situation on the rights and fundamental freedoms of indigenous peoples, the lack of appropriate consultation, negotiation, and the application of free, prior, and informed consent, has been clearly demonstrated as a clear violation of human rights standards in the Australian Governments Northern Territory Emergency Response.

Australia voluntarily assumed these treaty obligations and has participated in the development of other international human rights standards, through the United Nations («UN») processes and world conferences.

Overall, this position responds to only one aspect of the relevant international human rights standards - not depriving a people of their means of subsistence.

In terms of international human rights standards, this position comes closest to achieving the kind of control that is necessary for the participation of Indigenous people in the management of their traditional country.

[6] International human rights standards now recognise that the right to self - determination extends to Indigenous peoples and includes rights to effective participation in decisions affecting themselves and their traditional lands and territories.

The Social Justice Report 2000 sought to draw on these obligations in order to suggest proposals for how human rights standards in respect of Indigenous people could best be implemented within our domestic system.

The «right to negotiate» is a fundamental right assured by the Commonwealth Native Title Act (the «NTA») and reflected in international human rights standards.

This submission has addressed a range of issues relating to human rights standards, capacity building and criminal justice models for recognising Aboriginal Customary Law.

For a list of some of the relevant human rights standards to consider see: Aboriginal and Torres Strait Island Social Justice Commissioner, Social Justice Report 2007 (2008), ch 3.

The current draft framework for reporting on Indigenous disadvantage appears to have been developed with little reference to human rights standards, to Australia's international obligations, or to relevant international experience.

The subsequent validation of such future acts by the 1998 amendments to the NTA have been criticised in the international forum for breaching human rights standards.

As it is, my concerns remain that the Report is contrary to various human rights standards in that:

The fourth main trend in the past 11 years has been in relation to international human rights standards.

The second, and more difficult, issue that arises in relation to the recognition of Aboriginal Customary Law from a human rights perspective is determining how to resolve apparent conflicts between human rights standards and Aboriginal Customary Law.

It is the human rights standards of the Convention that are relevant.

The Aboriginal and Torres Strait Islander Social Justice Commissioner (the Social Justice Commissioner) has also developed a ten - point plan in the Social Justice Report 2007 that articulates how the NTER legislation could be made consistent with the RDA and human rights standards.

International human rights standards should be taken into account in the formulation of the common law of native title offshore.

Where those practices result in the loss of rights, particularly the extinguishment of property rights or the loss of capacity to effectively participate in decisions regarding traditional lands, such practices breach human rights standards.

The significant breaches of human rights standards in the manner and rate of issuing these notices are discussed below.

The Taskforce recommendation that native title claimants give up their right to object to the imposition of the expedited procedure in exchange for a statutory requirement for heritage survey agreements potentially breaches international human rights standards.

Self - government rights are contained in articles 33 — 37 of the Declaration: right to determine their own identity, membership and structures; right to promote and develop institutional structures, customs, traditions, and customary laws in accordance with international human rights standards; right to determine the responsibilities of individuals to their communities; right to maintain contacts and relations with their own members across international borders; right o recognition and enforcement of treaties and agreements concluded with States.

This submission assesses whether the government has met its stated intent to redesign these measures to comply with the RDA and human rights standards.

To do so, SRAs must be consistent with human rights standards.

The Commission submits that given the choice, the High Court must prefer an interpretation of the NTA and of statutory regimes conferring rights on non-indigenous persons, and a development of the common law consistent with the enumerated human rights standards, and hence maximises the recognition of native title and its protection against extinguishment.

Good policy directions and compliance with human rights standards need to be based on sound and comprehensive research.