CCPR/C/137/D/3585/2019
claimed traditional territory; (b) abstain from acts that might affect the existence, value, use
or enjoyment of the area where the Wunna Nyiyaparli live and carry out their traditional
activities; (c) review the mining concessions already granted within the claimed traditional
territory without consulting the Wunna Nyiyaparli, in order to evaluate whether a
modification of the rights of the concessionaires is necessary to preserve the survival of the
Wunna Nyiyaparli; and (d) provide adequate compensation to the Wunna Nyiyaparli for the
harm they have suffered. The State party is also under an obligation to take steps to prevent
similar violations from occurring in the future by reviewing the legal aid and funding model
with respect to overlapping Indigenous native title claims, in order not to leave an applicant
without legal representation.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
present Views. The State party is also requested to publish the present Views and to have
them widely disseminated in the official language of the State party, in particular in a daily
newspaper with a large circulation in Western Australia, and in the Nyiyaparli language.
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