A/HRC/36/46/Add.2 years, which disproportionately affects indigenous peoples. 25 The Special Rapporteur was informed about measures in place by the Australian Electoral Commission to increase the number of indigenous voters, but urges that those measures be reinforced, in consultation with indigenous communities and organizations, as a matter of priority in order to improve Aboriginal and Torres Strait Islanders’ exercise of their right to political participation. Q. Land rights and native title 98. As with other indigenous peoples around the world, land rights are central to the cultural identity and economic development of Aboriginal and Torres Strait Islanders. 2017 marks the twenty-fifth anniversary of the landmark Mabo decision, which held that the common law of Australia recognized native titles held by indigenous peoples to their traditional lands. The decision led to the adoption of the Native Title Act 1993 (Cth), which set out the processes for determining native title rights. The rights of Aboriginals and Torres Strait Islanders to around 30 per cent of the land area of the country are formally recognized, yet in most instances only “non-exclusive” rights are recognized. A further 27 per cent of Australia territory is subject to native title claims, processes that are extremely protracted. 99. In order to succeed, claimants under the Native Title Act must prove that they have had an uninterrupted connection to the area being claimed, and that they have continued to practice their traditional laws and customs. This is an extraordinary challenge and burden of proof in the context of the historical forced removal and dispossession policies of Australia. The Special Rapporteur furthermore notes the complex system with multiple and overlapping legal regimes applicable to native title claims and land rights at the federal, state and territory levels. There are insufficient indigenous legal professionals with expertise on land rights claims, which continues to disadvantage communities seeking to exercise their rights. 100. Aboriginal and Torres Strait Islanders have been negotiating Indigenous Land Use Agreements for years in order to, for instance, resolve native title claims or benefit from development activities carried out on their lands. While some Agreements are controversial, others are not and have brought important economic benefits for indigenous communities. 101. In its McGlade decision of 2 February 2017, the Federal Court created legal uncertainty by requiring that, in order to be valid, indigenous land use agreements should be signed by all native title claimants. The Government reacted by proposing a bill to amend the Native Title Act. The bill, passed on 14 June 2017, validates existing agreements already negotiated and registered before the McGlade decision, even though they had not been signed by all native title claimants. In that regard, the Special Rapporteur recalls that the principle of free, informed and prior consent does not require the consent of all. Having said that, there are many different types of indigenous land use agreements and some have far-reaching consequences on native title rights and even lead to the surrender of all native title (as in the McGlade case). 102. The Special Rapporteur appreciated learning about the joint management of protected areas for conservation in several parts of the country, including in Kimberley. The creation and joint management of those protected areas allow traditional owners to continue to enjoy their customary practices, while providing conservation and direct employment opportunities for indigenous peoples. The Special Rapporteur was also encouraged by the highly successful government-funded indigenous rangers’ programme, which supports indigenous peoples’ connection to their lands, encourages cultural knowledge transfer, provides skilled employment and simultaneously contributes to conservation. 26 103. During the visit, she was informed about successful native title claimants who wished to declare their lands protected areas but faced administrative obstacles in doing so. She encourages the authorities to take steps to facilitate the extension of protected areas 25 26 See https://freedomhouse.org/report/freedom-world/2016/australia. See www.dpmc.gov.au/indigenous-affairs/environment/indigenous-rangers-working-country. 17