Indigenous Affairs in Australia

1
Indigenous Affairs in Australia post the
Apology
Tom Calma Aboriginal and Torres Strait Islander
Social Justice Commissioner and Race
Discrimination Commissioner Australian Human
Rights and Equal Opportunity Commission
2
Until we fully confront that truth, there will
always be a shadow hanging over us and our future
as a fully united and fully reconciled people. It
is time to reconcile. It is time to recognise the
injustices of the past. It is time to say
sorry To the stolen generations, I say the
following as Prime Minister of Australia, I am
sorry. On behalf of the government of Australia,
I am sorry. On behalf of the parliament of
Australia, I am sorry. I offer you this apology
without qualification. We apologise for the
hurt, the pain and suffering that we, the
parliament, have caused you by the laws that
previous parliaments have enacted. We apologise
for the indignity, the degradation and the
humiliation these laws embodied. Our challenge
for the future is to embrace a new partnership
between Indigenous and non-Indigenous
Australians. The core of this partnership for
the future is closing the gap between Indigenous
and non-Indigenous Australians on life
expectancy, educational achievement and
employment opportunities.
Prime Minister Kevin Rudd Apology to Australias
Indigenous Peoples 13 February 2008
3
Equality in Indigenous health and life
expectation within 25 years

• Targets
• Health status equality within 25 Years
• Equality of opportunity in 10 years
• Primary health care
• Health infrastructure
• Indigenous health
• workforce

4
Close the Gap Campaign

• Achieving Aboriginal and Torres Strait Islander
  health equality within a generation A human
  rights based approach

5
National Health Equality Summit Statement of
Intent

• The Statement of Intent commits to
• Develop a comprehensive, long-term plan of
  action, that is targeted to need, evidence-based
  and capable of addressing the existing inequities
  in health services, in order to achieve equality
  of health status and life expectancy between
  Aboriginal and Torres Strait Islander peoples and
  non- Indigenous Australians by 2030.
• Ensure the full participation of Aboriginal and
  Torres Strait Islander peoples and their
  representative bodies in all aspects of
  addressing their health needs.
• Build on the evidence base and supporting what
  works.
• Respect and promote the rights of Aboriginal and
  Torres Strait Islander peoples And
• Measure, monitor, and report on our joint
  efforts, in accordance with benchmarks and
  targets, to ensure that we are progressively
  realising our shared ambitions.

6
Council of Australian Governments

• COAG agreed to
• A partnership between all levels of government to
  work with Indigenous communities to achieve the
  target of closing the gap on Indigenous
  disadvantage including
• closing the life expectancy gap within a
  generation
• halving the mortality gap for children under five
  within a decade
• halving the gap in reading, writing and numeracy
  within a decade.
• recognising the pathway to closing the gap is
  inextricably linked to economic development and
  improved education outcomes.
• establishing a Working Group on Indigenous Reform

7
Health Equality Targets

• Partnership Targets to lock into place a
  collaborative approach to Indigenous health
• Health Status Targets - Targets that focus on
  specific priority areas of child and maternal
  health, chronic disease and mental health and
  emotional and social wellbeing
• Primary Health Care and other Health Services
  Targets and
• Infrastructure Targets.

8
Northern Territory Intervention

• Action 1 Restore all rights to procedural
  fairness and external merits review
• Action 2 Reinstate protections against racial
  discrimination
• Action 3 Amend or remove the provisions that
  declare that the legislation constitutes a
  special measure
• Action 4 Reinstate protections against
  discrimination in the Northern Territory and
  Queensland
• Action 5 Require consent to be obtained in the
  management of Indigenous property and confirm the
  guarantee of just terms compensation

9
Northern Territory Intervention

• Action 6 Reinstate the CDEP Program and review
  the operation of the income management scheme so
  that it is consistent with human rights
• Action 7 Review the operation and effectiveness
  of the alcohol management schemes
• Action 8 Ensure the effective participation of
  Indigenous peoples in all aspects of the
  intervention
• Action 9 Set a timetable for the transition
  from an emergency intervention to a community
  development plan
• Action 10 Ensure stringent monitoring and review
  processes.

10
Blue Mud Bay Case

• Traditional Owners have the right to exclude
  commercial and recreational fishers from tidal
  waters within the Blue Mud Bay, in northeast
  Arnhem Land
• Fishing licences merely regulate the specific
  activity of fishing but do not authorise entry to
  any particular area.
• Common law notion of a public right to fish has
  been abrogated by the Northern Territory's
  fisheries legislation
• Northern Territory of Australia
• v
• Arnhem Land Aboriginal Land Trust

11
New National Indigenous Representative Body

• The Barunga Statement (June 1988)
• We call on the Commonwealth to pass laws
  providing A national elected Aboriginal and
  Islander organisation to oversee Aboriginal and
  Islander affairs
• Minister for Indigenous Affairs (May 2008)
• The Government went to the election with a
  commitment to set up a national representative
  body to provide an Aboriginal and Torres Strait
  Islander voice within government. We will soon
  begin formal discussions with Indigenous people
  about the role, status and composition of this
  body.
• HREOC Issues Paper, 2008
• What are the lessons learned from other
  Indigenous representative mechanisms that
  currently exist, or have previously existed, in
  Australia and overseas.
• Issues to consider
• - the guiding principles
• - role and functions
• - structure and membership
• relationship with governments and parliaments,
  and
• funding

12
UN Declaration on the Rights of Indigenous
Peoples

• Adopted by the General Assembly on 13 September
  2007
• Recognises human rights and fundamental freedoms
  of indigenous peoples including
• right to unrestricted self-determination
• inalienable collective right to the ownership,
  use and control of lands, territories and other
  natural resources,
• prior and informed consultation, participation
  and consent
• fair and adequate compensation
• guarantees against ethnocide and genocide.

13
The importance of hope
From self respect comes dignity and from dignity
comes hope
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HREOC online at

• Speeches
• www.humanrights.gov.au/about/media/speeches/index.
  html
• Reports
• www.humanrights.gov.au/social_justice/index.html
• Submissions
• www.humanrights.gov.au/legal/submissions/index.htm
  l
• Media
• www.humanrights.gov.au/about/media/index.html
• Education
• www.humanrights.gov.au/education/index.html
• Contact HREOC
• on 61 2 9284 9600