The Human Rights Committee's concerns in relation to native title and the amendments to the NTA were based on Australia's obligations under articles 1 and 27 of the Covenant. The high level of the exclusion and poverty facing indigenous persons is indicative of the urgent nature of these concerns. In particular, the Committee recommends that the necessary steps should be taken to restore and protect the titles and interests of indigenous persons in their native lands, including by considering amending anew the Native Title Act, taking into account these concerns. While the international dialogue on native title has elevated the overall level of understanding within the community and within government of the meaning of equality in relation to Indigenous people it has not resulted in the removal of the discriminatory provisions within the Native Title Act. What has resulted from the dialogue is a shared understanding that equality does not mean treating Indigenous people the same as non-Indigenous people.
Native title is a unique interest in land that can only be enjoyed by Indigenous people.
Equality requires that this unique interest be given equal protection to that extended to non-Indigenous interests in land. The reconciliation process has also provided a domestic forum for an ongoing dialogue about Indigenous rights. The Report discusses the various avenues by which a new relationship between Indigenous and non-Indigenous people can be established based on rights. The analysis shows that the recognition of Indigenous people's right to their land and the origins of a nation are inextricably related and that changes to one part of the relationship infer and require changes to the other. Developments in native title law reflect upon the ethical foundations of the nation.