Social Justice Report 2006
Recommendations and notes
- Recommendations
- Acknowledgments
- Note - Use of the terms ‘Aboriginal and Torres Strait Islander peoples’ and ‘Indigenous peoples’
Recommendations
In accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 8 recommendations – 3 in relation to the accessibility of mainstream services under the new arrangements for Indigenous affairs, 1 in relation to engaging with Indigenous communities under the new arrangements for Indigenous affairs and 4 in relation to international developments on the rights of indigenous peoples. The report also contains 1 follow up action that my office will undertake in the next 12 months in relation to options for the establishment of the a national Indigenous representative body. These and the recommendations are reproduced here and appear at the relevant part of the report.
The new arrangements for Indigenous affairs – facilitating Indigenous access to government services
Recommendation 1: Directed to Federal Parliament
That there be established a regular federal parliamentary
committee of inquiry into the progress of the new arrangements in Indigenous
affairs and progress in achieving whole of government service delivery to
Indigenous communities.
This Inquiry should be conducted every two
years. Its terms of reference should include identifying:
- Progress in addressing existing inequalities in Indigenous peoples’ access (both urban and remote) to mainstream services (including the adequacy of processes to ensure that Indigenous specific expenditure supplements mainstream expenditure rather than substitutes for this expenditure);
- Progress in ensuring that processes are targeted so as to address existing need;
- Effective, sustainable and representative mechanisms for the participation of Indigenous peoples at the local, regional and national levels;
- The adequacy of performance monitoring and evaluation mechanisms for the new arrangements, including the adequacy of data collected to evaluate progress in addressing Indigenous disadvantage; and
- Whether the new arrangements are meeting the commitments made by the Australian Government through COAG to overcome Indigenous disadvantage.
The Committee’s terms of reference should
also require it to report on the extent to which the new arrangements in
Indigenous affairs comply with human rights based approaches to development and
engagement with Indigenous peoples.
The Committee’s inquiry
processes should be required to maximise participation by Indigenous peoples,
including by consulting widely with Indigenous communities and
organisations.
Recommendation 2: Directed to the Council of Australian Governments, National Indigenous Council and Ministerial Taskforce on Indigenous Affairs
That there is acknowledgement by government of the importance
of a human rights based approach to development in order to effectively
implement the new arrangements and the achievement of effective and sustainable
improvements in Indigenous living standards and well-being.
This
requires acknowledgement of the importance of Indigenous forms of social
organisation on the basis of mutual respect and good faith and for supported
processes, including through capacity building initiatives, to ensure that the
aspirations of Indigenous peoples are able to be
voiced.
Recommendation 3: Directed to the Office of Indigenous Policy Coordination
That, in exercise of its coordination and monitoring role at a whole of government level, the Office of Indigenous Policy Coordination:
- Identify and promote best practice examples of improving accessibility of mainstream services as achieved through individual programs (such as Medicare and Pharmaceutical Benefits Scheme equivalent access arrangements) as well as through whole of government coordination initiatives (such as ICCs and SRAs); and
Develop its proposed Indigenous urban strategy with the full participation of Indigenous communities and peoples in urban localities, and with the inclusion of explicit targets and benchmarks for improved access to programs.
Addressing the fundamental flaw of the new arrangements for Indigenous affairs – the absence of principled engagement with Indigenous peoples
Recommendation 4: Directed to the Ministerial Taskforce on Indigenous Affairs and National Indigenous Council
That the Ministerial Taskforce on Indigenous Affairs
acknowledge that the absence of mechanisms at the regional level for engagement
of Indigenous peoples contradicts and undermines the purposes of the federal
whole of government service delivery arrangements.
Further, that the
Ministerial Taskforce direct the Office of Indigenous Policy Coordination to
address this deficiency as an urgent priority, including by:
- consulting with Indigenous communities and organisations as to suitable structures, including by considering those proposals submitted to the government for regional structures;
- utilising the Expert Panels and Multiuse List of community facilitators/ coordinators to prioritise consideration of this issue; and
- funding interim mechanisms to coordinate Indigenous input within regions and with a view to developing culturally appropriate models of engagement.
Further, that the National Indigenous Council request the OIPC to report quarterly on progress in developing regional engagement arrangements and the mechanisms put into place to facilitate Indigenous participation in this process.
International developments on the rights of indigenous peoples – Closing the ‘protection gap’
Recommendation 5: Directed to the Office of Indigenous Policy Coordination
That the federal government identify a
focal point to coordinate, on a whole of government basis, its Program for the
Second Decade of the World’s Indigenous Peoples. The focal point should
consult with Indigenous organisations in determining the activities to be
undertaken for the Decade, in accordance with the goal, objectives and Program
of Action for the Decade. The Government’s Program should specifically
respond to the items identified in the Program of Action for the Second Decade,
rather than being a general thematic response. The Program should also be
operational within this financial year.
Further, that the government
allocate specific funding for the conduct of activities for the Second Decade,
as determined through the consultations with Indigenous
peoples.
Recommendation 6: Directed to the Office of Indigenous Policy Coordination and Department of Foreign Affairs and Trade
That the federal government specify the process for consideration of funding for engagement in international deliberations and identify focal points within each federal department or agency (for example, the relevant contact point within the Department of the Environment and Heritage for engagement on issues relating to the Convention on Biological Diversity).
Recommendation 7: Directed to the Indigenous Peoples Organisations Network and Australian Council for International Development
That the non-government sector, led by members of the Australian Council for International Development as appropriate, engage with Indigenous organisations and the IPO Network to build partnerships for the implementation of the Second International Decade (as well as highlighting the relevance of the Millennium Development Goals to the situation of Indigenous peoples in Australia).
Recommendation 8: Directed to the Department of Foreign Affairs and Trade, AusAid and Office of Indigenous Policy Coordination
That the Department of Foreign
Affairs, in conjunction with the Social Justice Commissioner, conduct regular
briefings for all agency heads on developments on the rights of Indigenous
peoples, including the right to development (including the human rights based
approach to development), Millennium Development Goals and Second International
Decade for the World’s Indigenous People. The Secretaries Group on
Indigenous Affairs would be the appropriate body to receive these
briefings.
Further, that AusAid be invited to contribute to the
Secretaries Group on Indigenous Affairs to identify lessons that can be learned
from Australia’s international development activities for policy-making on
Indigenous issues within Australia.
Follow Up Action by Social Justice Commissioner
The Social Justice Commissioner will work with
Indigenous organisations and communities to identify sustainable options for
establishing a national Indigenous representative body.
The Commissioner
will conduct research and consultations with non-government organisations
domestically and internationally to establish existing models for representative
structures that might be able to be adapted to the cultural situation of
Indigenous Australians, as well as methods for expediting the establishment of
such a body given the urgent and compelling need for such a representative
body.
Acknowledgements
The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff and consultants in producing this report (Shondelle Bolt, Michael Davis, Anna Dawson, Darren Dick, Janet Drummond, Vanessa Jackson, Bettina King, Greg Marks and Emilie Priday).
Artist Acknowledgement
The cover photographs are from the 40 years Freedom Day Festival held on 18 and 19 August 2006 at Kalkaringi and Daguragu. Information about the festival is included on the back cover of this report and further information can be obtained from www.freedomday.info/festival.html.
Our thanks to the Daguragu Community Government Council and the communities of Kalkaringi and Daguragu for the permission to reproduce these images. Our thanks also to Trevor van Weeren for facilitating the copyright permissions and supply of images and text.
About the Social Justice Commission logo
The right section of the design is a contemporary view of traditional Dari
or head-dress, a symbol of the Torres Strait Island people and culture. The
head-dress suggests the visionary aspect of the Aboriginal and Torres
Strait Islander Social Justice Commission. The dots placed in the Dari
represent a brighter outlook for the future provided by the Commission’s
visions, black representing people, green representing islands and blue
representing the seas surrounding the islands. The Goanna is a general
symbol of the Aboriginal people.
The combination of these two symbols represents the coming together
of two distinct cultures through the Aboriginal and Torres Strait Islander
Commission and the support, strength and unity which it can provide
through the pursuit of Social Justice and Human Rights. It also represents
an outlook for the future of Aboriginal and Torres Strait Islander Social
Justice expressing the hope and expectation that one day we will be
treated with full respect and understanding.
© Leigh Harris
Note - Use of the terms ‘Aboriginal and Torres Strait Islander peoples’ and ‘Indigenous peoples’
The Aboriginal and Torres Strait Islander Social Justice Commissioner recognises
the diversity of the cultures, languages, kinship structures and ways of life of
Aboriginal and Torres Strait Islander peoples. There is not one cultural model that
fits all Aboriginal and Torres Strait Islander peoples.
Aboriginal and Torres Strait Islander peoples retain distinct cultural identities
whether they live in urban, regional or remote areas of Australia.
Throughout this report, Aborigines and Torres Strait Islanders are referred to
as ‘peoples’. This recognises that Aborigines and Torres Strait Islanders have a
collective, rather than purely individual, dimension to their livelihoods.
Throughout this report, Aboriginal and Torres Strait Islander peoples are also
referred to as ‘Indigenous peoples’.
The use of the term ‘Indigenous’ has evolved through international law. It
acknowledges a particular relationship of Aboriginal people to the territory from
which they originate. The United Nations High Commissioner for Human Rights
has explained the basis for recognising this relationship as follows:
Indigenous or aboriginal peoples are so-called because they were living on their
lands before settlers came from elsewhere; they are the descendants - according
to one definition - of those who inhabited a country or a geographical region
at the time when people of different cultures or ethnic origins arrived, the new
arrivals later becoming dominant through conquest, occupation, settlement or
other means… (I)ndigenous peoples have retained social, cultural, economic and
political characteristics which are clearly distinct from those of the other segments
of the national populations.
Throughout human history, whenever dominant neighbouring peoples have
expanded their territories or settlers from far away have acquired new lands by
force, the cultures and livelihoods - even the existence - of indigenous peoples
have been endangered. The threats to indigenous peoples’ cultures and lands, to
their status and other legal rights as distinct groups and as citizens, do not always
take the same forms as in previous times. Although some groups have been
relatively successful, in most part of the world indigenous peoples are actively
seeking recognition of their identities and ways of life.1
The Social Justice Commissioner acknowledges that there are differing usages of
the terms ‘Aboriginal and Torres Strait Islander’, ‘Aboriginal’ and ‘indigenous’ within
government policies and documents. When referring to a government document
or policy, we have maintained the government’s language to ensure consistency.
[1] United Nations High Commissioner for Human Rights, Fact sheet No.9 (Rev.1), The Rights
of Indigenous Peoples, www.unhchr.ch/html/menu6/2/fs9.htm
