Sentences with phrase «rights obligations»

As discussed in Native Title Report 2002, the breadth and permanency of the extinguishment of native title through the Native Title Act is contrary to Australia's international human rights obligations.

A SRA that provides business opportunities, community facilities or training places is likely to conform to human rights obligations.

This means that native title reform must incorporate our human rights obligations as set out in the Declaration and the Australian Constitution.

This is inconsistent with Australia's international human rights obligations.

This chapter has raised many concerns about Australia's compliance with human rights obligations in relation to Aborigines and Torres Strait Islanders.

One of the recommendations of the Report of the NTER Review Board was that the Government ensure that all actions affecting Aboriginal communities respect Australia's human rights obligations and conform with the Racial Discrimination Act 1975 (Cth)(RDA).

Recommendations on human rights: Government actions affecting Aboriginal communities respect Australia's human rights obligations and conform with the Racial Discrimination Act 1975.

I consider that these steps must be underpinned by a genuine commitment to meeting Australia's human rights obligations.

The Report categorised Australia's human rights obligations into four broad areas of relevance to the situation of Indigenous people.

The Human Rights Act (2004) in the ACT and the Charter of Human Rights and Responsibilities Act (2006) in Victoria, create an obligation on decision makers to interpret their human rights obligations consistent with the body of international law, which now includes the UN Declaration on the Rights of Indigenous Peoples;

In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties.

That all governments ensure that Indigenous housing programmes are designed so that they are consistent with human rights obligations relating to progressive realisation and an adequate standard of housing.

In this way a true balance between community and developer needs, one that is consistent with Australia's human rights obligations, will be achieved.

The Northern Territory Emergency Response Review Board was supportive of such recommendations, and recommended that the Government respect Australia's human rights obligations and conform with the Race Discrimination Act.

Such an approach is contrary to Australia's international human rights obligations.

Recommendation 38: The Commission recommends that all counter-terrorism laws be rigorously monitored and amended to ensure they comply with Australia's human rights obligations.

Australia has human rights obligations related to these issues under the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

How may we make the Act deliver on Australia's human rights obligations?

It will also leave Australia in breach of its international human rights obligations.

Review income management schemes to be compatible with human rights obligations, to be voluntary or appropriately targeted to achieve their stated purpose and to ensure that adequate protections are provided to protect the privacy of individuals in the handling of personal information;

Mandatory sentencing laws can be differentiated from other state and territory laws that a federal government may not like, as they involve fundamental issues of compliance - of Australia - with human rights obligations.

In putting forth this plan, I note that the newly elected federal government has emphasised the importance of ensuring that the NT intervention proceeds in a manner that is consistent with Australia's human rights obligations.

The report makes a number of recommendations aimed at improving economic development on Indigenous land that respect and uphold Australias human rights obligations, including further development and implementation of the principles for economic and social development as set out in the Native Title Report 2004.

The Commission is concerned that there has been a failure to require consent for measures that are intended to be «special measures» for the purposes of the RDA and Australia's human rights obligations.

It commits to human rights education for the community and public sector; developing a National Action Plan on Human Rights; establishing a federal parliamentary scrutiny committee on human rights requiring that all new federal legislation be accompanied by a statement of compatibility with Australia's human rights obligations; and developing a consolidated federal anti-discrimination law.

The paper notes that the development of policies to address the disadvantage of Indigenous Australians is best done in full cognizance of Australia's international human rights obligations, including the obligations arising from Australia's ratification of ICESCR.

It may be noted that the Australian Government can seek to protect against breaches of human rights obligations by legislating to override state laws: see, for example, Commonwealth v Tasmania (1983) 158 CLR 1.

As discussed in the Native Title Report 2002, the breadth and permanency of the extinguishment of native title through the Native Title Act is contrary to Australia's international human rights obligations.

I understand that this project represents a change of focus in the work of the Native Title Unit which previously was directed to examining the law of native title and whether it satisfied Australia's human rights obligations at international law.

Assessment and analysis identify the human rights claims of rights - holders and the corresponding human rights obligations of duty - bearers as well as the immediate, underlying, and structural causes of the non-realisation of rights.

At the international level today there a number of mechanisms that provide guidance to governments as they implement their human rights obligations as they relate to Indigenous peoples.

The Declaration is the international instrument that provides the most authoritative guidance to governments about how their binding human rights obligations apply to Indigenous peoples.

The first is that the extent of health inequality experienced by Aboriginal and Torres Strait Islander peoples raises issues of compliance with Australia's human rights obligations.

Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of claims based substantially upon orally - transmitted traditions, the lack of written records of indigenous laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional laws and customs by non-indigenous commentators.

Consistent with the enunciated human rights obligations, a capacity to change to reflect a measure of individual (and communal) independence within a tradition, so as to adapt to external conditions can, and therefore must, be accommodated within the construction of «traditional» in sub-sec 223 (1).

The particular focus of this report has been whether the NT intervention measures meet Australia's human rights obligations and by doing so ensure that Aboriginal children and their families are treated with dignity and equality.

We also have an important role to play in the United Nations system, regularly providing independent reports which describe how Australia is progressing in relation to meeting its human rights obligations.

In introducing the NT intervention legislation, the Government clearly stated that the measures were intended to protect the rights of Indigenous children as set out in the Convention on the Rights of the Child, and were undertaken in furtherance of Australia's human rights obligations.

In doing so, the Commission urged the government and Parliament to adopt an approach that is consistent with Australia's international human rights obligations and particularly with the Racial Discrimination Act 1975 (Cth).

As it stands, there is a need for substantial change for the NT intervention measures to be considered consistent with Australia's international human rights obligations.

[31] In chapter 5 of this report I discuss in greater detail the way in which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligations.

The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations.

All governments have human rights obligations to protect women and children from violence and abuse.

The reality is that the human rights obligations in each of these international instruments have to be upheld in this country.

That, in engaging in further consultations with Indigenous peoples in relation to matters affecting land and waters, the Government abide by Australia's relevant international human rights obligations, such as those referred to in this submission.

The Government, in line with its human rights obligations [72] could have chosen to proscribe extinguishment by tenures that have either expired or terminated through legislation ensuring that the native title process is focused on current and future dealings.

It considers established criteria (as set through processes of international law) for determining whether the «balance» struck by the government is in fact consistent with Australia's human rights obligations or whether the intervention places Australia in breach of those obligations.

The following four inter-related principles synthesise a range of human rights obligations that must be addressed for reconciliation to be meaningful.

As noted before both the CERD Committee and the Human Rights Committee made it clear that the current native title legislation is a breach of Australia's human rights obligations to deal with Indigenous people equally, (112) to protect Indigenous culture (113) and to the right of Indigenous people to self - determination.

The Native Title Act does not currently fulfil Australia's human rights obligations to its Indigenous population to the extent the preamble and objects suggest was the original intent of the Australian Parliament.