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Submission to the Inquiry into consistency of the Native Title Amendment Act 1998 with Australia's international obligations under the CERD

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Publication date
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Submission
Dr Lisa Strelein
Jessica Weir
Prof Michael Dodson AM

Since the election of the Federal Coalition Government, Australia's adherence to international human rights obligations has been questioned. This submission to the Parliamentary Joint committee on Native Title and the Land Fund examines Australia's recent unprecedented appearance before the United Nations committee for the Elimination of Racial Discrimination to answer criticisms that the amendments to the Native Title Act 1993 failed to comply with Australia's obligations under the Convention on the elimination of All Forms of Racial Discrimination.

The submission addresses the Terms of Reference for this inquiry, with particular regard to the decision of the committee, and the materials presented by the Government in response. It includes a review of Australia's international obligations; an assessment of the key findings of the Committee for the Elimination of Racial Discrimination in its decision on Australia; a discussion of how Australia should respond to the criticism, including the need for amendments; and a comment on the continued engagement by Australia with the Committee.