The principle of non-discrimination is not about treating all racial groups equally. Equality is achieved when different groups with different needs are treated in a way that respects those differences rather than ignores them. We all know that different ethnic groups require different treatment which respects their cultures, language and traditions if they are to be equal with other Australians. This understanding of equality is reflected in the International Convention and the RDA . Both contain a provision that allows special measures.
Special measures permit action to be taken that assists disadvantaged racial groups.
Special measures recognise that historical patterns of racism entrench disadvantage and that the prohibition of racial discrimination alone is not enough to overcome racial inequality. The current debate over native title is really about extinguishment. This is where the protection that racial discrimination law provides comes into play. Extinguishment of native title needs to be understood for what it is. The extinguishment of native title is the taking away of a person's property rights because they belong to a particular racial group.