The report concludes that the guiding principle of equality and effective participation have been eroded by the Government's amendments to the Native Title Act and diluted by an ever-xpanding labyrinth of state legislation. The report urges an end to the divisive approach to Indigenous issues and calls for an acknowledgment that Indigenous people have a right to enjoy their cultural identity. The introduction critically examines this issue by reviewing native title legislation and common law decisions during the reporting period. In these two areas the trend has been to place native title in a subservient position to the interests and cultural values of non-Indigenous people. The reconciliation process is also evaluated by its stance on native title and the willingness of Australian citizens to give equal respect to Indigenous culture.
Native title is a non-discriminatory recognition of Indigenous culture.
Under the CERD Australia has an obligation to recognise and protect this culture. Significant amendments to the Native Title Act withdrew the protection which the original Act extended to native title holders. The Committee found these amendments to be discriminatory. The report concludes, consistently with the CERD decision, that Indigenous people did not consent to the amendments. An examination of the dialogue between the Committee members and representatives of the government reveals the reasoning which led the Committee to conclude that the amendments were discriminatory on the basis of race.