A/HRC/15/37/Add.4 72. Despite the Government’s attention to indigenous issues, there is a continued need to develop new initiatives and reform existing ones, in consultation and in real partnership with indigenous peoples, to conform to international standards requiring genuine respect for cultural integrity and self-determination. Ownership and control of their lands and territories continues to be denied to many indigenous communities in Australia. Indigenous institutions and community governance structures also are subject to high levels of control by the State, and are often devoid of genuine opportunity to generate social, cultural and economic development. Accusations of past shortcomings of indigenous self-governance unfairly assign blame to indigenous peoples and at the same time ignore Government failures in this regard. 73. The Special Rapporteur is concerned about ongoing effects of historical patterns of racism within Australian society and that their negative consequences continue to severely undermine the dignity of Aboriginal and Torres Strait Islander peoples and individuals. Additional efforts, beyond the recent laudable efforts of the Government to advance reconciliation and reset the relationship with indigenous peoples is needed to address negative perceptions within society and to generate greater confidence and self-respect amongst the indigenous population, to create a healthy environment conducive to the enjoyment of rights and freedoms. Legal and policy framework 74. The Commonwealth and state governments should review all legislation, policies, and programmes that affect Aboriginal and Torres Strait Islanders, in light of the Declaration on the Rights of Indigenous Peoples. 75. The Government should pursue constitutional or other effective legal recognition and protection of the rights of Aboriginal and Torres Strait Islander peoples in a manner providing long-term security for these rights. 76. In consultation with the Aboriginal and Torres Strait Islander peoples, the Government should look to ratify the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169). 77. The Commonwealth Government should ensure that state, territory and local governments are aware of their obligations to promote and protect the human rights of indigenous peoples. The Government should promote a consistent approach to these rights across all levels of government authority. 78. The Special Rapporteur considers the position of Aboriginal and Torres Strait Islander Social Justice Commissioner within the Australian Human Rights Commission to be an exceptional model for advancing the recognition and protection of rights of indigenous peoples. The Commissioner’s reports should be given greater attention in government administration to promote a higher level of accountability and sensitivity to human rights commitments. 79. All efforts should be made to increase the number of indigenous peoples’ representatives in legislative, executive, and judicial institutions at all levels. The Special Rapporteur welcomes the Government’s support in establishing a national indigenous representative body and emphasizes the importance of indigenous participation in the ongoing design, development and functioning of this mechanism. 80. The Council of Australian Governments should look to integrate the proposed national representative indigenous body into its structure for decision-making and design of strategic initiatives, for the purpose of coordinating policies and strategies relating to Aboriginal and Torres Strait Islander peoples. GE.10-13887 19