Indigenous Affairs in Indigenous Affairs in Australia Australia

– post the Apology – post the Apology

Tom CalmaTom Calma

Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander Social Justice CommissionerSocial Justice Commissioner

andandRace Discrimination CommissionerRace Discrimination Commissioner

Australian Human Rights Australian Human Rights

and Equal Opportunity Commissionand Equal Opportunity Commission

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. Weapologise 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

Australia’s Indigenous Peoples

13 February 2008

Equality in Indigenous health and Equality in Indigenous health and life expectation within 25 yearslife expectation within 25 years

Targets:Targets:

Health status equality Health status equality within 25 Yearswithin 25 Years

Equality of opportunityEquality of opportunity in 10 years in 10 years – Primary health carePrimary health care– Health infrastructure Health infrastructure – Indigenous healthIndigenous health workforceworkforce

Close the Gap CampaignClose the Gap Campaign

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

National Health Equality Summit – National Health Equality Summit – Statement of IntentStatement of Intent

The Statement of Intent commits to:The Statement of Intent commits to:

Develop a comprehensive, long-term plan of action, Develop a comprehensive, long-term plan of action, that is targeted to need, evidence-based and capable that is targeted to need, evidence-based and capable of addressing the existing inequities in health of addressing the existing inequities in health services, in order to achieve equality of health status services, in order to achieve equality of health status and life expectancy between Aboriginal and Torres and life expectancy between Aboriginal and Torres Strait Islander peoples and non- Indigenous Strait Islander peoples and non- Indigenous Australians by 2030.Australians by 2030.

Ensure the full participation of Aboriginal and Torres Ensure the full participation of Aboriginal and Torres Strait Islander peoples and their representative Strait Islander peoples and their representative bodies in all aspects of addressing their health bodies in all aspects of addressing their health needs.needs.

Build on the evidence base and supporting what Build on the evidence base and supporting what works.works.

Respect and promote the rights of Aboriginal and Respect and promote the rights of Aboriginal and Torres Strait Islander peoples; AndTorres Strait Islander peoples; And

Measure, monitor, and report on our joint efforts, in Measure, monitor, and report on our joint efforts, in accordance with benchmarks and targets, to ensure accordance with benchmarks and targets, to ensure that we are progressively realising our shared that we are progressively realising our shared ambitions. ambitions.

Council of Australian GovernmentsCouncil of Australian Governments

COAG agreed to:COAG agreed to:

A partnership between all levels of government to work A partnership between all levels of government to work with Indigenous communities to achieve the target of with Indigenous communities to achieve the target of closing the gap on Indigenous disadvantage including:closing the gap on Indigenous disadvantage including:

– closing the life expectancy gap within a generation; closing the life expectancy gap within a generation;

– halving the mortality gap for children under five within a halving the mortality gap for children under five within a decade; &decade; &

– halving the gap in reading, writing and numeracy within a halving the gap in reading, writing and numeracy within a

decade. decade.

– recognising the pathway to closing the gap is inextricably recognising the pathway to closing the gap is inextricably linked to economic development and improved education linked to economic development and improved education outcomes.outcomes.

– establishing a Working Group on Indigenous Reformestablishing a Working Group on Indigenous Reform

Health Equality TargetsHealth Equality Targets

Partnership Targets – to lock into place a Partnership Targets – to lock into place a collaborative approach to Indigenous health;collaborative approach to Indigenous health;

Health Status Targets - Targets that focus on Health Status Targets - Targets that focus on specific priority areas of child and maternal specific priority areas of child and maternal health, chronic disease and mental health health, chronic disease and mental health and emotional and social wellbeing;and emotional and social wellbeing;

Primary Health Care and other Health Primary Health Care and other Health Services Targets; and Services Targets; and

Infrastructure Targets.Infrastructure Targets.

Northern Territory InterventionNorthern 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;

Northern Territory InterventionNorthern 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.

Blue Mud Bay CaseBlue Mud Bay Case

Traditional Owners have the right to exclude Traditional Owners have the right to exclude commercial and recreational fishers from tidal commercial and recreational fishers from tidal waters within the Blue Mud Bay, in northeast waters within the Blue Mud Bay, in northeast Arnhem Land Arnhem Land

Fishing licences merely regulate the specific Fishing licences merely regulate the specific activity of fishing but do not authorise entry to activity of fishing but do not authorise entry to any particular area. any particular area.

Common law notion of a public right to fish has Common law notion of a public right to fish has been abrogated by the Northern Territory's been abrogated by the Northern Territory's fisheries legislationfisheries legislation

Northern Territory of Australia Northern Territory of Australia v v

Arnhem Land Aboriginal Land TrustArnhem Land Aboriginal Land Trust

New National Indigenous Representative New National Indigenous Representative BodyBody

The Barunga Statement (June 1988)The Barunga Statement (June 1988) ““We call on the Commonwealth to pass laws We call on the Commonwealth to pass laws providing:providing: A national elected Aboriginal and A national elected Aboriginal and Islander organisation to oversee Aboriginal and Islander organisation to oversee Aboriginal and Islander affairs;”Islander affairs;”

Minister for Indigenous Affairs (May 2008)Minister for Indigenous Affairs (May 2008)““The Government went to the election with a The Government went to the election with a commitment to set up a national representative commitment to set up a national representative body to provide an Aboriginal and Torres Strait body to provide an Aboriginal and Torres Strait Islander voice within government. We will soon Islander voice within government. We will soon begin formal discussions with Indigenous people begin formal discussions with Indigenous people about the role, status and composition of this about the role, status and composition of this body.”body.”

HREOC Issues Paper, 2008HREOC Issues Paper, 2008What are the lessons learned from other Indigenous What are the lessons learned from other Indigenous representative mechanisms that currently exist, or representative mechanisms that currently exist, or have previously existed, in Australia and overseas. have previously existed, in Australia and overseas.

Issues to considerIssues to consider::- the guiding principles - the guiding principles - role and functions- role and functions- structure and membership- structure and membership- relationship with governments and relationship with governments and parliaments, andparliaments, and- fundingfunding

UN Declaration on the UN Declaration on the Rights of Indigenous PeoplesRights of Indigenous Peoples

Adopted by the General Assembly Adopted by the General Assembly on 13 September 2007on 13 September 2007

Recognises human rights and Recognises human rights and fundamental freedoms of fundamental freedoms of indigenous peoples including: indigenous peoples including:

– right to unrestricted right to unrestricted self-self-determinationdetermination

– inalienable inalienable collective rightcollective right to the to the ownership, use and control of lands, ownership, use and control of lands, territories and other natural territories and other natural resources, resources,

– prior and informed consultation, prior and informed consultation, participationparticipation and and consentconsent

– fair and adequate fair and adequate compensationcompensation– guarantees against ethnocideguarantees against ethnocide and and

genocidegenocide..

The importance of hopeThe importance of hope

From self respect comes dignityFrom self respect comes dignityand and

from dignity comes hopefrom dignity comes hope

HREOC online at: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.html Mediawww.humanrights.gov.au/about/media/index.html Educationwww.humanrights.gov.au/education/index.html

Contact HREOC Contact HREOC

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