Social Justice Commissioner calls for Government to re-commit to Indigenous affairs
The Aboriginal and Torres Strait Islander Social Justice Commissioner Dr William Jonas today called on the federal Government to put reconciliation and native title back on the national agenda.
Dr Jonas' annual Social Justice and Native Title reports for 2002 were tabled in Federal Parliament yesterday.
"The Government has adopted an antagonistic and adversarial approach to Indigenous policy and has undermined bi-partisan support for reconciliation through its limited approach," Dr Jonas said. "While reconciliation was a priority for the second term of the Government, it does not even rate a mention in recent announcements of the Government's strategic long term vision for Australian society. Indigenous issues are no longer treated as a national priority."
"In the past year the High Court has also settled the governing principles of the native title system. This confirms that the Government are presiding over a system that is anachronistic and fails to recognise Indigenous peoples' interests in land."
The
Social Justice
Report 2002 commends positive developments in Indigenous policy
including:
- The commitment of governments at all levels to partnerships with Indigenous peoples
- The commitment of the federal government to principles for the equitable provision of services to Indigenous peoples
- Recognition by governments of the central importance of capacity building of Indigenous communities
- The commitment of the Council of Australian Governments to processes for addressing Indigenous disadvantage,
- Support of the federal government at the international level to the effective operation of the newly created UN Permanent Forum on Indigenous Issues.
However, the Social Justice Report 2002 finds that overall it is difficult to see any consistent forward trend in addressing Indigenous issues over the past year. "The policy approach of governments remains full of inconsistencies, ad hoc developments, and commitments that not only remain unmet but which are not adequately supported by institutional developments," said Dr Jonas.
"Even the main issue that the Government has committed to, addressing Indigenous disadvantage, lacks direction. The absence of an absolute commitment to overcoming such disadvantage - with short, medium and long term targets - masks the distinct lack of progress within the framework of practical reconciliation," said Dr Jonas.
In addition to issues relating to reconciliation the report considers Indigenous women in criminal justice processes and Australia's international advocacy on indigenous issues.
The
Native Title
Report 2002 finds that there are fundamental shortcomings in the
native title system and that it fails to meet the human rights standards
required at international law.
The High Court's decisions in Yarmirr, Miriuwung Gajerrong, Wilson v Anderson and Yorta Yorta crystallise the law with respect to the recognition and extinguishment of native title.
"What has emerged from the High Court is a concept of recognition as not simply the law providing a vehicle for Indigenous people to enjoy their culture and property rights," said Dr Jonas. "Rather the law becomes a barrier to their enjoyment and protection."
"The implications of these decisions are being felt by Indigenous people and a re-evaluation of the law needs to occur at the political level," said Dr Jonas. "Human rights principles should be at the forefront of such a process."
"The Court's finding that the Native Title Act rather than the common law directs the native title processes of extinguishment and recognition, confirms the primary role of the Commonwealth in the protection of native title. Responsibility for the protection of native title can no longer be conveniently shifted between the legislature and the common law."
"The government must now accept responsibility for the law as it stands and, equally important, re-evaluate the means by which the law can be changed to make it consistent with Australia's international law obligations," said Dr Jonas.
The report recommends that the Native Title Act be amended to apply the non extinguishment principle, currently limited to future acts under the Native Title Act, to past activities that affect native title.
- The Social Justice Report 2002 is available at: http://www.humanrights.gov.au/social_justice/sjreport_02
- The Native Title Report 2002 is available at: http://www.humanrights.gov.au/social_justice/ntreport_02
Media contact: Janine MacDonald 02 9284 9880 or 0408 469 347
Last updated 20 March 2003.
