A decision by the United Nations Human Rights Committee has criticised the Federal Court for breaching the rights of an Aboriginal native title claim group.
While the UN committee’s decision is non-binding, it puts pressure on the Australian government, particularly if criticising other countries on human rights. And, potentially, raises questions about the native title system.
A spokesperson from the Attorney-General’s department said the Australian government takes seriously its human rights obligations under the International Covenant on Civil and Political Rights, and is considering the committee’s views, with a response expected in the next month.
The Human Rights Committee found that Australia should reconsider the Wunna Nyiyaparli’s native title claim and ensure that they have effective participation in those proceedings.
Until then Australia should: refrain from activities which might adversely impact the interests of the Wunna Nyiyaparli in their traditional lands; review any mining concessions granted over the traditional lands without the consent of the Wunna Nyiyaparli; and pay the Wunna Nyiyaparli adequate compensation for the harm they have suffered as well as reviewing legal aid funding to native title matters.
