ATSIC 12 March 1999 IMPLEMENTATION OF GOVT REPORT WOULD BREACH HUMAN RIGHTS: ATSIC The implementation by the Federal Government of key recommendations of a review of the Federal land rights legislation in the Northern Territory would breach Australia's human rights obligations, would be inconsistent with the Racial Discrimination Act, or could not be effected because of Constitutional requirements. That's the view of a Visiting Fellow at the Faculty of Law at the Australian National University, Ernst Willheim, in legal advice to the Aboriginal and Torres Strait Islander Commission. ATSIC sought the advice from Mr Willheim following publication of the report of the Federal Government-commissioned review of the federal land rights legislation by Darwin barrister, Mr John Reeves. Mr Willheim's preliminary legal advice on the matter has been provided to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs which is inquiring into the Reeves Report. Mr Willheim has advised the Commission that a number of recommendations, individually or cumulatively, would give rise to a breach of Australia's obligations under the International Covenant on Civil and Political Rights and also the provisions of the RDA. Implementation of recommendations that the Aboriginal Land Commissioner have regard to detriment in land claims and that dispute resolution functions be conferred on proposed Regional Land Councils with a right of appeal on a question of law to the Commissioner were "likely to give rise to invalidity" by infringing the requirements of Chapter III of the Constitution. Mr Willheim appearing before the Committee last night advises that a number of the recommendations in the Reeves Report would amount to an acquisition of property. ATSIC agreed with the Committee that Mr Willheim's full advice will be tendered to the Committee when it is completed. This was expected within the next 2 weeks. Media contact in the Office of Public Affairs: Brian Johnstone 0419 010 687 Martin Freckmann 018 631 045 Craig Sproule Office of Public Affairs Ph: 02 6289 3450 Fax: 02 6282 2854 ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use."
