A new report on Australia’s native title system centres the voices of First Nations women to call for significant reform.
For the first time since the introduction of the Native Title Act 30 years ago, the experiences of First Nations women have been elevated to show how the system is failing to deliver land justice effectively.
“The native title system we have today is not what we had all hoped it would be,” Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said.
“The system falls short of its intention and doesn’t deliver on human rights such as participation, culture, self-determination and non-discrimination for First Nations people.”
The report, Women in Native Title, draws on the lived experiences of First Nations women and is informed by in-depth interviews, submissions, a survey, publications and case law.
It provides a dedicated account of the perspectives, aspirations and solutions of First Nations women within the native title system.
In the foreword of the report former Commissioner June Oscar wrote;
“These women’s stories depict a system that fosters division and creates disunity and distrust. It is a system, despite (arguably) good intentions, is unable to understand and include our traditional laws and customs in a meaningful, accurate way.”
In the report women describe the native title processes as disempowering, how women’s knowledge is not heard or valued, the many barriers to full participation, and conflicts of interest.
Several themes emerged from the data, including;
• self-determination and self-governance
• gender discrimination
• structural racism, and
• lack of access to justice
The report makes 29 recommendations, including establishing a First Nations Native Title Reform Council to drive reform.
The report emphasises the need to support participation of First Nations women and their communities in future reform work.
“Only with significant reform will the native title system uphold the human rights of First Nations women and their communities,” Commissioner Kiss said.
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The report is an extension of the
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