In its opinion on 10 July 2023, the United Nations Human Rights Committee (UNHRC) found that Australia had violated the rights of the Wunna Nyiyaparli people under the International Covenant on Civil and Political Rights (ICCPR), following the Federal Court of Australia’s dismissal of the Wunna Nyiyaparli people’s native title claim and the Court’s subsequent positive determination of the wider Nyiyaparli people’s claim.

The UNHRC found that, pursuant to the ICCPR, Australia (via the Court) was under an obligation to provide due process guarantees to the Wunna Nyiyaparli people in their claim for native title rights and interests.

Our case note sets out the background and summarises issues of relevance to native title claim groups and representative bodies.
The case note is available here.

 

Addendum to case note – February 2025

In October 2024, Australia’s Attorney General Mark Dreyfus provided a response to the decision of the United Nations Human Rights Committee on behalf of Australia. His response is not publicly available, but has been reported to include the following points:

  • The Australian Government (the Government) does not believe there has been any violation of the International Covenant on Civil and Political Rights in relation to the Wunna Nyiyaparli;
  • The Wunna Nyiyaparli were “entitled to participate throughout all stages of the proceedings” and were given a total of six opportunities to participate in the proceedings.

Scott Calnan, the legal representative for the Wunna Nyiyaparli’s application to the United Nations, has expressed that the Government’s response was “completely unacceptable”.

Following the Government’s response, Calnan has written to the Human Rights Committee on behalf of the Wunna Nyiyaparli and has urged the committee to meet with an Australian representative and to escalate the issue to a higher body within the United Nations.

As at the date of this addendum, the Human Rights Committee has not commented on the Government’s reply or the further letter on behalf of Wunna Nyiyaparli.