Appendices

The TSRA
  1. Integrated Planning Framework for the Torres Strait and Northern Peninsula Area
  2. Alignment of COAG Building Blocks with regional goals and TSRA programs
  3. Alignment of TSRA programs with COAG Closing the Gap targets and National Partnership Agreements Indigenous-specific outcomes
  4. Alignment of TSRA program outcomes with articles in the UN Declaration on the Rights of Indigenous Peoples

APPENDIX 1 Integrated Planning Framework for the Torres Strait and Northern Peninsula Area

A chart illustrating the Integrated Planning Framework for the Torres Strait and Northern Peninsula Area

APPENDIX 2 Alignment of COAG Building Blocks with regional goals and TSRA programs

A chart illustrating the Alignment of COAG Building Blocks with regional goals and TSRA programs

APPENDIX 3 Alignment of TSRA programs with COAG Closing the Gap targets and National Partnership Agreements Indigenous-specific outcomes

APPENDIX 3 Alignment of TSRA programs with COAG Closing the Gap targets and National Partnership Agreements Indigenous-specific outcomes

Programs and Benefits COAG National Indigenous Reform Agreement (Closing the Gap) Targets1 COAG National Partnership Agreement Indigenous-specific Outcomes2
Economic Development Program
  • Torres Strait Islander and Aboriginal people successfully completing business skills development courses.
  • Economically independent Torres Strait Islander and Aboriginal people in the region.
  • Commercially viable businesses and home ownership.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.		 The Indigenous working age population has the depth and breadth of skills and capabilities required for the 21st century labour market.
Indigenous people of working age participate effectively in all sectors and at all levels of the labour market.
Fisheries Program
  • Opportunity for increased employment and wealth of Torres Strait Islander and Aboriginal people from the region’s commercial fisheries resources.
  • Increased revenue derived from fishing industry by Torres Strait Islander and Aboriginal people.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 The Indigenous working age population has the depth and breadth of skills and capabilities required for the 21st century labour market.
Indigenous people of working age participate effectively in all sectors and at all levels of the labour market.
Culture, Art and Heritage Program
  • Increased income from Torres Strait arts and crafts sales.
  • Increased:
    a) art and craft skills levels
    b) Torres Strait Islander and Aboriginal artists’ profiles;
    c) regional art and craft production.
  • Communities are able to undertake activities strengthening Ailan Kastom, including the use of cultural protocols, language and cultural maintenance.
  • Traditional cultural heritage records, artefacts and oral histories are identified, documented, preserved and promoted.
  • Torres Strait Islander and Aboriginal artists and cultural practitioners’ individual and communal copyright and intellectual property rights are protected.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 The Indigenous working age population has the depth and breadth of skills and capabilities required for the 21st century labour market.
Indigenous communities are empowered to participate in policy making and program implementation.
Indigenous communities are represented through credible consultation / governance mechanism.
Indigenous people of working age participate effectively in all sectors of the labour market.
Indigenous children acquire the basic skills for life and learning.
Native Title Program
  • Economic development opportunities flow to Traditional Owners from the the Regional Sea Claim Part A determination.
  • Native Title claims are resolved.
  • money and other benefits flow into PBCs.
  • PBCs understand and meet their compliance responsibilities.
  • Appropriate support mechanisms are provided to PBCs when DOGITs are transferred.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 Indigenous communities are empowered to participate in policy making and program implementation.
Indigenous communities are represented through credible consultation / governance mechanism.
Connecting the way government agencies work in remote areas (the governance of governments) and developing community capacity.
Environmental Management Program
  • Communities (in particular, Traditional Owners) are empowered to manage their local natural and cultural resources sustainably.
  • Communities understand climate change risks and what can be done to mitigate them in order to reduce their impacts on their culture and wellbeing.
  • Communities are less reliant on diesel to supply electricity.
  • Communities have the skills to generate traditional food.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 Indigenous communities are empowered to participate in policy making and program implementation.
Indigenous children’s living environments are healthy.
Indigenous communities are represented through credible consultation / governance mechanism.
Governance and Leadership Program
  • Integrated government services are accessible to communities according to need.
  • Elected Torres Strait Islander and Aboriginal leaders are involved in effective decision-making.
  • An appropriate gender balance is achieved in regional governance structures.
  • Young people participate in regional leadership initiatives.
  • PBCs maintain capacity to meet legislative requirements.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 Indigenous communities are empowered to participate in policy making and program implementation.
Indigenous communities are represented through credible consultation / governance mechanism.
Connecting the way government agencies work in remote areas (the governance of governments) and developing community capacity.
Indigenous young people successfully transition from school to work and / or further study.
Healthy Communities Program
  • Affordable fresh produce available for communities.
  • Communities have essential services and infrastructure to support healthy living environments.
  • Community and individual participation in healthy activities.
  • Increased government investment in housing and affordable home ownership options.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 Indigenous Australians and those living in rural and remote areas or on low incomes achieve health outcomes comparable to the broader population.
Indigenous people remain healthy and free of preventable disease.
Indigenous children are born and remain healthy.
Indigenous children have the same health outcomes as other Australian children.
Children benefit from better social inclusion and reduced disadvantage.
Indigenous children’s living environments are healthy.
Indigenous families live in appropriate housing with access to all basic utilities.
Indigenous people have improved housing amenity and reduced overcrowding.
Indigenous people have the same housing opportunities as other people.
Safe Communities Program
  • Increased effectiveness of social services support to communities.
  • Improved capacity of social services providers to respond to community identified needs.
  • Increased family and individual participation in community events.
  • Increased skills development and employment opportunity for community members delivering social support services.
 Close the gap in expectancy within a generation.
Halve the gap in employment outcomes between indigenous and non-Indigenous Australians within a decade.		 Indigenous children and families are safe and protected from violence and neglect in their home and communities.
Breaking cycles of criminal behaviour and violence normalisation.
Children benefit from better social inclusion and reduced disadvantage.

1 COAG National Indigenous Reform Agreement (2012), Schedule A.

2 COAG National Indigenous Reform Agreement (2012), Schedule C.

APPENDIX 4 Alignment of TSRA program outcomes with the articles in the United Nations Declaration on the Rights of Indigenous Peoples

APPENDIX 4 Alignment of TSRA program outcomes with the articles in the United Nations Declaration on the Rights of Indigenous Peoples

Article Text Economic Development Fisheries Culture, Art and Heritage Native Title Environmental Management Governance and Leadership Healthy Communities Safe Communities
1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. N/A N/A N/A N/A N/A N/A N/A N/A
2 Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity. N/A N/A N/A N/A N/A N/A N/A N/A
3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 N/A Strong Torres Strait Islander and Aboriginal organisational leadership and governance. N/A N/A
4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. Strong, supported and respected Ailan Kastom. Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Native Title claims are successfully determined.		 N/A Strong Torres Strait Islander and Aboriginal organisational leadership and governance. N/A N/A
6 Every indigenous individual has the right to a nationality. N/A N/A N/A N/A N/A N/A N/A N/A
7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.		 N/A N/A N/A N/A N/A N/A Policies support community managed delivery of primary and public health care services and are based on regional needs and priorities. Families and individuals are safe in home and community.
8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.		 N/A N/A Cultural values and protocols are integrated into service planning and management practice.
Strong, supported and respected Ailan Kastom.		 Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 N/A Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. N/A N/A N/A N/A N/A Strong Torres Strait Islander and Aboriginal organisational leadership and governance. N/A N/A
10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. N/A N/A N/A Native Title claims are successfully determined N/A Strong Prescribed Bodies Corporate leadership and governance N/A N/A
11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.		 N/A N/A Cultural values and protocols are integrated into service planning and management practice
The unique cultural heritage and histories of the region are preserved, maintained and promoted
Strong, supported and respected Ailan Kastom		 Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Native Title claims are successfully determined.		 Strengthened sustainable use, protection and management of natural and cultural resources. N/A N/A N/A
12 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.		 N/A N/A The unique cultural heritage and histories of the region are preserved, maintained and promoted
Cultural values and protocols are integrated into service planning and management practice
Strong, supported and respected Ailan Kastom		 PBCs understand and meet their responsibilities under the Native Title Act. Strengthened sustainable use, protection and management of natural and cultural resources. N/A N/A N/A
13 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.		 Increased capability of Torres Strait Islander and Aboriginal People in the Region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 N/A The unique cultural heritage and histories of the region are preserved, maintained and promoted
Cultural values and protocols are integrated into service planning and management practice
Strong, supported and respected Ailan Kastom
The copyright, intellectual property and traditional knowledge of Torres Strait Islander and Aboriginal people in the region is protected		 PBCs understand and meet their responsibilities under the Native Title Act. N/A N/A N/A N/A
14 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.		 N/A N/A Strong, supported and respected Ailan Kastom N/A N/A N/A N/A N/A
15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.		 N/A N/A N/A Successfully negotiated Future Acts and Indigenous Land Use Agreements. N/A N/A N/A N/A
16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.		 N/A N/A N/A N/A N/A Improved communication, cultural competence and service delivery within a community development framework across governments. N/A N/A
17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.
2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.
3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.		 N/A N/A N/A N/A N/A N/A N/A N/A
18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. N/A Sustainable management of fisheries resources. N/A PBCs understand and meet their responsibilities under the Native Title Act. N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. N/A Sustainable management of fisheries resources. N/A PBCs understand and meet their responsibilities under the Native Title Act. N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. An active and sustainable arts and craft industry
Cultural values and protocols are integrated into service planning and management practice
The copyright, intellectual property and traditional knowledge of Torres Strait Islander and Aboriginal people in the region is protected		 Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 N/A N/A Secure whole-of-government investment for infrastructure to support healthy homes and healthy living environments.
Affordable home ownership available across the region.		 Communities have access to appropriate transport infrastructure.
21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 Improved wealth of Torres Strait Islander and Aboriginal people of the region. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 N/A N/A Secure whole-of-government investment for infrastructure to support healthy homes and healthy living environments.
Improved access to affordable fresh and healthy foods.
More active and healthy communities.
Affordable home ownership available across the region.		 Effective community and social services support.
Families and individuals are safe in home and community.
Public areas are safe and accessible for community members.
Communities have access to appropriate transport infrastructure.
22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.		 N/A N/A N/A N/A N/A N/A Policies support community managed delivery of primary and public health care services and are based on regional needs and priorities. Effective community and social services support.
23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions. Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A Implementation of the National Indigenous Reform Agreement service delivery principles. Policies support community managed delivery of primary and public health care services and are based on regional needs and priorities. Effective community and social services support.
24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.		 N/A N/A Strong, supported and respected Ailan Kastom. N/A N/A N/A Policies support community managed delivery of primary and public health care services and are based on regional needs and priorities. Effective community and social services support.
25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. N/A A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people. The unique cultural heritage and histories of the region are preserved, maintained and promoted.
Strong, supported and respected Ailan Kastom.		 Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.		 Strengthened sustainable use, protection and management of natural and cultural resources. Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 Sustainable management of fisheries resources. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.
PBCs understand and meet their responsibilities under the Native Title Act.		 Strengthened sustainable use, protection and management of natural and cultural resources. Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. N/A Sustainable management of fisheries resources. N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.		 N/A N/A N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.		 N/A N/A N/A Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined
PBCs understand and meet their responsibilities under the Native Title Act.		 Strengthened sustainable use, protection and management of natural and cultural resources. Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.		 N/A N/A N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A N/A N/A N/A
31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 N/A The unique cultural heritage and histories of the region are preserved, maintained and promoted.
Strong, supported and respected Ailan Kastom.		 N/A Strengthened sustainable use, protection and management of natural and cultural resources. Strong Prescribed Bodies Corporate leadership and governance. N/A N/A
32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 N/A N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A Implementation of the National Indigenous Reform Agreement service delivery principles. N/A N/A
33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.		 N/A N/A N/A N/A N/A Strong Torres Strait Islander and Aboriginal organisational leadership and governance. N/A N/A
34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. N/A N/A The unique cultural heritage and histories of the region are preserved, maintained and promoted.
Strong, supported and respected Ailan Kastom.		 PBCs understand and meet their responsibilities under the Native Title Act. N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making N/A N/A
35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities. N/A N/A N/A N/A N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
36 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
2. States, in consultation and cooperation with indigenous peoples shall take effective measures to facilitate the exercise and ensure the implementation of this right.		 Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.
Improved access to capital and other opportunities to finance commercially viable businesses.
Increased number of commercially viable businesses owned and or operated by Torres Strait Islander and Aboriginal people in the region.
Improved wealth of Torres Strait Islander and Aboriginal people in the region.		 N/A N/A N/A N/A N/A N/A N/A
37 1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.		 N/A N/A Changes to Native Title and Fisheries legislation which recognise the commercial rights as part of Native Title rights of Traditional Owners under the Torres Strait Sea Claim Part A determination.
Successfully negotiated Future Acts and Indigenous Land Use Agreements.
Native Title claims are successfully determined.
PBCs understand and meet their responsibilities under the Native Title Act.		 N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. N/A N/A N/A PBCs understand and meet their responsibilities under the Native Title Act. N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. N/A N/A N/A PBCs understand and meet their responsibilities under the Native Title Act. N/A N/A Secure whole-of-government investment for infrastructure to support healthy homes and healthy living environments.
Affordable home ownership available across the region.		 N/A
40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. N/A N/A N/A PBCs understand and meet their responsibilities under the Native Title Act. N/A Appropriate Torres Strait Islander and Aboriginal participation in decision-making. N/A N/A
41 The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established. N/A N/A N/A N/A N/A N/A N/A N/A
42 The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. N/A N/A N/A N/A N/A N/A N/A N/A
43 The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world. N/A N/A N/A N/A N/A N/A N/A N/A
44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals. N/A N/A N/A N/A N/A N/A N/A N/A
45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future. N/A N/A N/A N/A N/A N/A N/A N/A
46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.		 N/A N/A N/A N/A N/A N/A N/A N/A