E/CN.4/2002/24/Add.1 page 36 (b) Replacement of the right to negotiate on pastoral lands with the lesser notification and consultation provisions of section 43A; (c) A regime for the operation of section 24MD (6B). 74. The alternative provisions will have effect in the event that the Attorney-General makes the determinations regarding future mining acts. Native title matters which come within the provisions will be administered by a state tribunal. The consultation period concluded on 31 January 2000. If the Attorney-General makes the determinations, the regime will come into force unless it is disallowed by a successful motion in the Senate. 75. The Race Discrimination and Aboriginal and Torres Strait Islander Social Justice Commissioner states that in order to restore the principles of equality and non-discrimination in state and territory legislation it would be necessary to amend the Commonwealth Native Title Act so as to make it consistent with the Racial Discrimination Act 1975 (Cth). 3. Discrimination in the administration of justice 76. In connection with the administration of justice, two questions attracted the attention of the Special Rapporteur: the high percentage of Aboriginals in the criminal justice system and their deaths in prison and detention centres, and the discriminatory nature of the mandatory sentencing laws in the Northern Territory and Western Australia. The representatives of the Commonwealth Government and all other people with whom the Special Rapporteur spoke agree that the high percentage of Aboriginals and Torres Strait Islanders results from their socio-economic marginalization and the destructuring of their society. The measures already in place to remedy this situation will only take effect in the long term. 77. The Race Discrimination and Aboriginal and Torres Strait Islander Social Justice Commissioner stated that all levels of government have failed adequately to respond to the recommendations of the Royal Commission into Aboriginal Deaths in Custody and the national inquiry into the separation of Aboriginal and Torres Strait Islander children from their families. These reports make numerous recommendations aimed at redressing the underlying causes of Indigenous over-representation in the criminal justice, juvenile justice, and care and protection systems. Many of the recommendations have not been acted upon or are actively rejected by governments. The Commissioner makes the following observations in his report for the year 2000: “From 1988 to 1998, the Indigenous prison population (across all age groups) has more than doubled. It has grown faster than non-Indigenous prisoner rates in all jurisdictions. Nationally, Indigenous prison populations have increased by an average of 6.9 per cent per year for the decade. This is 1.7 times the average annual growth rate of the non-Indigenous population;”