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granted doctors greater power over medical evacuation decision-making was repealed in December 2019.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
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