A/HRC/15/37/Add.4 representative organizations, of the NTER measures in their current form in regard to income management, leasing and alcohol restrictions.19 35. In November 2009, the Government introduced into Parliament draft legislation to reinstate application of the Racial Discrimination Act and the anti-discriminations laws of the Northern Territory, and to reform essential aspects of the NTER. In doing so the Government indicated its openness to constructive feedback from all stakeholders on the specifics of the proposed reforms. The Special Rapporteur welcomes this development and encourages the ultimate adoption of reforms to the NTER that fully comport with Australia’s international human rights obligations. V. Conclusions and recommendations 36. The Government should continue its commitment to address problems faced by Aboriginal people in the Northern Territory, in particular concerning the well-being of Aboriginal women and children. However, any measures should involve a holistic approach, which recognizes the interdependent character of human rights, and must be devised and carried out with due regard of the rights of indigenous peoples to selfdetermination and to be free from racial discrimination and indignity. 37. Aspects of the NTER as currently configured are racially discriminatory and incompatible with Australia’s international human rights obligations. These include aspects related to compulsory income management, compulsory acquisition of Aboriginal land, the assertion of extensive powers by the Commonwealth Government over Aboriginal communities, and alcohol and pornography restrictions in prescribed areas, as well as the other provisions of the NTER listed in paragraph 13, supra. 38. The Government and Parliament should reinstate the Racial Discrimination Act, as the Government has committed to do, and should enact appropriate reforms to the NTER in light of all of Australia’s international human rights obligations. Further, such reforms should be developed on the basis of full and adequate consultations with the affected indigenous peoples. 39. Any discriminatory measures or limitations to the human rights and fundamental freedoms of indigenous peoples that remain part of the NTER programme must be narrowly tailored, proportional, and strictly necessary to achieve the legitimate objectives being pursued. 40. Additionally, such limitations on rights should exist only on the basis of the free, prior and informed consent of the indigenous peoples concerned. Where this is not possible because of exigent circumstances, due regard should be given to the full range of applicable human rights norms. In any case, any measure that accords differential treatment to indigenous peoples or that limits their human rights and fundamental freedoms should fulfil the requirements of “special measures” under applicable human rights standards, including the Convention to Eliminate Discrimination. 41. Efforts should be made to reach agreements in accordance with the organizational patterns and leadership structures of the diverse indigenous 19 GE.10-13887 It is noteworthy that the Government report on the consultations states that the information contained therein “should be read as a summary of the information recorded during the consultations. It should not be considered to be representative of all the opinions of those affected by the NTER measures”. Government Report on Consultations, p. 19. 35