The Native Title Act 1993 is fundamentally flawed, favours mining interests, and is inconsistent with the principle of ‘equality before the law’.34 Australia must: amend the Native Title Act to include free, prior and informed consent; remove power to compulsorily acquire native title lands and extinguish native title rights; and include compensation regardless of date of extinguishment. The 2017 Uluru Statement called for a Makarrata Commission or Treaty, Truth and Justice Commission. 35 Australia remains the only former British colony without a treaty. A Treaty is crucial for addressing the socialeconomic disparity and political marginalization of Aboriginal communities by enacting self-determination, in line with the UNDRIP. Australia must establish a Makarrata Commission to develop a treaty with Aboriginal and Torres Strait Islander Peoples within 3 years. REFUGEES AND ASYLUM SEEKERS Australia undermines the institution of asylum by intercepting asylum seekers at sea and implementing rapid returns, with rudimentary screening and without access to legal advice or fair process. Australia has returned people at airports without properly assessing their claims. Asylum seekers who arrived by boat after August 2012 (and not sent to Nauru or Papua New Guinea), are not eligible for permanent protection and have no pathway to citizenship. Australia must ensure its asylum processes and border management policies fully comply with its international obligations, including the principle of non-refoulement. Asylum seekers, including children and stateless persons, remain subject to mandatory, indefinite and nonreviewable detention. Some people have been held in immigration detention for over ten years. Since 2015, detention facilities have become more prison-like; use of force has become commonplace.36 Australia must repeal mandatory detention and introduce legislative criteria to guide individual decisions to detain. Immigration detention must be subject to maximum timeframes and independent review. As of July 2020, around 370 refugees and asylum seekers forcibly sent to Nauru and Papua New Guinea in 2013 and 2014 remain there, many without access to durable solutions and some at risk of being arbitrarily detained (including stateless persons).37 Healthcare remains inadequate and Australian legislation that granted doctors greater power over medical evacuation decision-making was repealed in December 2019. Offshore processing must end and all those who are yet to access durable solutions must be brought to Australia. Many asylum seekers, including those in the deficient ‘fast-track process’, wait years for asylum decisions. Thousands, including children and other vulnerable groups, have lost access to legal advice, healthcare, casework and financial support due to Government decisions. Recognised refugees who arrived by sea many years ago are affected by discriminatory policies that prevent immediate family members from joining them. Australia must repeal the fast-track process and restore funding for legal assistance, income support and basic healthcare for asylum seekers, and repeal policies preventing family reunion for refugees. Australia lacks a statelessness determination procedure to identify, monitor and protect the rights of stateless people38 in accordance with international law.39 Australia must introduce a statelessness determination procedure and visa category to protect stateless persons in Australia by 2024.40 5

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