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Behrendt, Larissa --- "Indigenous Self-Determination: Rethinking the Relationship Between Rights and Economic Development" [2001] UNSWLawJl 70; (2001) 24(3) UNSW Law Journal 850

[*] Professor of Law and Indigenous Studies and Director of the Jumbunna Indigenous House of Learning, University of Technology, Sydney. Thanks to Jilpia Jones, Hannah McGlade, Lisa Strelein, George Williams, Andrew Mowbray and Kris Faller.

[1] See Aboriginal and Torres Strait Islander Commission, Indigenous Australians Today (1999); Australian Bureau of Statistics, Australia Now – A Statistical Profile of Australia (2000) at 30 October 2001; Federal Race Discrimination Commissioner, Face the Facts (1997).

[2] See the conclusions and recommendations in both Royal Commission into Aboriginal Deaths in Custody, National Report: Overview and Recommendations (1991); and the Human Rights and Equal Opportunity Commission, Bringing Them Home: A Guide to the Findings and Recommendations of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (1997).

[3] [1992] HCA 23; (1992) 175 CLR 1.

[4] [1998] HCA 22; (1998) 195 CLR 337.

[5] See George Williams, Human Rights Under the Australian Constitution (2000).

[6] See generally Michelle Grattan (ed), Reconciliation: Essays on Reconciliation in Australia (2000).

[7] (1971) 17 FLR 141.

[8] [1997] HCA 27; (1997) 190 CLR 1.

[9] John Howard, (Address presented at the Presentation of the Final Report to Federal Parliament by the Council of Aboriginal Reconciliation, Canberra, 7 December 2000)

speeches/main00.htm> at 30 October 2001.

[10] Ibid.

[11] Cubillo v Commonwealth [2000] FCA 1084; (2000) 103 FCR 1.

[12] John Howard, ‘Perspectives on Aboriginal and Torres Strait Islander Issues’ (Menzies Lecture Series, 13 December 2000) at 30 October 2001.

[13] Ibid.

[14] Committee on the Elimination of Racial Discrimination, Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia, Un Doc CERD/C/56/Misc.42/rev.3 (2000).

[15] Opened for signature 21 December 1965, 660 UNTS 195 (entered into force 4 January 1969).

[16] See, in this issue of the University of New South Wales Law Journal, George Williams, ‘Human Rights and the Second Century of the Australian Constitution[2001] UNSWLawJl 63; (2001) 24 University of New South Wales Law Journal 782. For a full discussion of the legislative Bill of Rights model, see George Williams, A Bill of Rights for Australia (2000).