40 stories for 40 Years | First Peoples rights

For generations, Aboriginal and Torres Strait Islander children were forcibly removed from their families under government laws, causing deep and long-lasting harm. This happened in Australia from the late 1800s until the 1970s. 

Authorities removed children, transferring them to institutions, missions, reserves, or to non-Indigenous families, often without the consent of their parents. Families were given little to no opportunity to maintain contact or stay connected. In some cases, access and connection was actively restricted and even prohibited. 

Some found their way home, but many did not. 

These policies aimed to assimilate Aboriginal and Torres Strait Islander children into non-Indigenous society. As a result, many children lost connections to their families, communities, cultures, and languages.  

In 1995, the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (Bringing Them Home) was a formal request by the Federal Attorney-General Michael Lavarch. 

Bringing Them Home was co-led by former President of the Commission Sir Ronald Wilson and former Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Dodson.  

Over 1995 and 1996, the inquiry travelled around Australia and heard directly from hundreds of survivors, families, and their communities. They described lifelong impacts, including trauma, grief, loss of identity, and disconnection from family and culture. 

In 1997, the Commission released what is arguably the most impactful and memorable report in our 40-year history: Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. In heartbreaking detail, the report documented the shocking, painful and infuriating stories of the people and families of the Stolen Generations, as well as the laws, policies and practices that led to the forced removal of children. 

The report made 54 recommendations to help address these harms. These included recommendations for formal apologies, reparations, family tracing and reunion services, access to records, healing programs, and changes to laws and policies affecting Aboriginal and Torres Strait Islander children and families. 

One of the most important outcomes happened in 2008, when the Australian Parliament issued a formal apology to Aboriginal and Torres Strait Islander peoples, especially to members of the Stolen Generations, for the laws and policies that caused profound suffering. The National Apology was a direct result of many years of advocacy by survivors, allies in civil and society, and the work of the Bringing Them Home inquiry.  

In response to the National Apology, First Peoples argued that saying sorry means that we never forget, and the harm caused never happens again. They argued that the apology needed to be backed in by actions that demonstrate a genuine commitment to reparation for the harm caused. 

Issues identified in the report continue today. First Peoples children remain significantly over-represented in our child protection, out-of-home care, and criminal justice systems. Almost 30 years after the report's release, many Stolen Generations survivors and organisations continue to advocate for the complete implementation of its recommendations. Survivors have asked the question: “Are you waiting for us to die?”  

The establishment of the Aboriginal and Torres Strait Islander Healing Foundation in 2009, has supported survivors, their families, and communities in addressing the ongoing intergenerational trauma caused by colonisation and the forced removal of Aboriginal and Torres Strait Islander children. Link Up Services across the country support survivors to connect back to their families and country. Financial redress programs have been initiated in all jurisdictions, except for Queensland.  

However, survivors continue to call on governments to progress from “Sorry to Action,” highlighting outstanding recommendations and priorities that ensure access to trauma-informed, culturally safe healthcare and end-of-life services suited to an ageing survivor population; timely, culturally appropriate access to personal records and survivor-led data and research; promoting truth-telling for all Australians; and implementing proper redress and reparations. 

The Commission continues to advocate for policies that protect the rights of Aboriginal and Torres Strait Islander children, families, and communities. Bringing Them Home remains one of the most important human rights reports in Australia's history, and it continues to guide efforts to address past wrongs as well as protect the rights of First Peoples children and families into the future. 

Read the report here: Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families

Aboriginal and Torres Strait Islander people face worse health outcomes than non-Indigenous Australians. These outcomes are connected to the lasting impacts of colonisation and systemic disadvantages.  

In 2005, then Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma released the Social Justice Report 2005. The report examined the extent of health inequality in Australia for First Peoples and set out a human rights-based framework consisting of five recommendations aimed at achieving health equality within a generation. 

The report outlines that these health disparities connect to social and economic disadvantage, unequal access to services, and the ongoing impacts of colonisation and discrimination including the undermining and erasure of culture. It highlights that every person has the right to enjoy the highest attainable standard of health and that governments have a responsibility to address these inequalities. 

A key focus of the report was the need for measurable targets and government accountability. It called for long-term commitments to achieve health equality and emphasised that solutions should be led by Aboriginal and Torres Strait Islander people and communities. The report recognised that community-controlled services, cultural safety, and self-determination are essential to improving health outcomes. 

The Social Justice Report 2005 became a catalyst for national action. It inspired the Close the Gap campaign, which – through a secretariat hosted at the Commission from 2006 –2022 – brought together Aboriginal and Torres Strait Islander leaders, health organisations, community groups, and supporters from across Australia. The campaign called on governments to commit to achieving health equality and reducing life expectancy gaps. 

One of the report’s most significant achievements was changing public discussion and the way Australians understood First Peoples’ health inequality. In March 2008. the concept of “closing the gap” became a central part of government policy. As a direct result of the campaign and Social Justice Report 2005, Governments began setting targets, monitoring progress, and developing strategies aimed at improving health, education, and social outcomes for Aboriginal and Torres Strait Islander people. 

In 2020, Australian governments entered a renewed ten-year National Agreement on Closing the Gap, that includes 17 Targets, 4 Priority Reforms, and a commitment to greater accountability and transparency through an Independent Monitoring Mechanism.  

While progress has been made in some areas since 2005, First Peoples still face lower life expectancies, higher levels of chronic disease and lower access to primary health care compared to non-Indigenous people in Australia, and only 4 of 19 targets are currently on track. Aboriginal and Torres Strait Islander organisations, advocates and communities are calling for governments to implement the structural transformation to which they have committed, for greater government accountability, and for increased investment into Aboriginal and Torres Strait Islander organisations and community-led approaches essential to achieving lasting change. 

The Australian Human Rights Commission continues to advocate for health equality and the rights of Aboriginal and Torres Strait Islander peoples. The Social Justice Report 2005 remains one of the most influential human rights reports in Australia’s history, helping to drive the national movement to close the gap and achieve health equity for First Peoples.

Read the Social Justice Report 2005 here. 

Following the passage of the Native Title Act 1993 after the High Court’s landmark Mabo decision, the Commission’s Aboriginal and Torres Strait Islander Social Justice Commissioners have produced regular native title reports. Their purpose is to monitor the operation of the native title system, assess its impact on the human rights of First Peoples and provide governments and parliaments with recommendations for reform. The reports have consistently adopted a human-rights based approach, emphasising Indigenous self-determination, protection of culture, non-discrimination, and the recognition of traditional and continued connections to lands and waters. 

One of the most significant of these reports was the Native Title Report 1997: Wik Case Analysis and Critique of the Native Title Amendment Bill. The report examined the implications of the High Court’s Wik decision, which found that native title rights could coexist with pastoral leases, and it strongly criticised elements of the Australian Government’s proposed Native Title Amendment Bill 1997. The Commission argued that several of the proposed amendments would disproportionately restrict Indigenous rights and risk breaching Australia’s obligations under international human rights law. It challenged claims that the Wik decision created widespread uncertainty and instead promoted negotiated coexistence between First Peoples and non-Indigenous land interests.  

Since then, the report has become an important reference for scholars, policymakers, and Indigenous advocates assessing the legacy of the 1998 native title amendments. Its emphasis on non-discrimination, self-determination, and the protection of native title rights and interests continued to shape subsequent native title reports as well as broader debates about Indigenous land justice in Australia. 

The Native Title Report 1997 and 1998 were both significant documents that led to international condemnation including from the United Nations Committee on the Elimination of Racial Discrimination (CERD). The CERD found in 1999 and 2000 that the native title amendments discriminated against Indigenous people and were in breach of Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. 

Subsequent reports played a similarly important role in shaping public debate and providing an independent assessment of government policy. They frequently challenged legislative amendments and administrative practices that were viewed as inconsistent with the human rights of First Peoples. While governments did not always adopt their recommendations, the reports served as authoritative reference points for Indigenous organisations, legal practitioners, researchers, and parliamentary inquiries.  

Over the last 3 decades, the combined impact of the Commission’s native title reports has been significant. They have informed legislative and procedural reforms and encouraged greater recognition of Indigenous participation in land management and decision-making. The reports have also created an extensive historical record of the evolving native title system and interrelated laws and policies including land rights and cultural heritage regimes, water rights, and environmental and biodiversity protection and climate change.  

Collectively, the reports have been influential in keeping native title connected to larger questions of justice, equality, and First Peoples rights in Australia, as well as protecting the integrity of the High Court’s historic recognition that Australia’s First Peoples had rights and their own systems of governance before colonisation and that these systems and rights continue to exist to the present and into the future.

Find Native Title Reports here.

Aboriginal and Torres Strait Islander people are over-represented in Australia's criminal justice system. Concerns about the treatment of First Peoples in police and prison custody led to the 1987 – 1991 Royal Commission into Aboriginal Deaths in Custody, which investigated 99 deaths that occurred between 1980 and 1989. The Royal Commission made a range of recommendations aimed at preventing further deaths. 

In 1996, then Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Dodson released the Australian Human Rights Commission’s report on custodial deaths: Indigenous Deaths in Custody 1989–1996. The report examined the deaths of First Peoples in police and prison custody after the Royal Commission concluded its work. It assessed whether governments and custodial authorities had implemented the Royal Commission's recommendations. 

The report analysed coronial findings and investigated the circumstances surrounding deaths in custody. It identified ongoing concerns in policing, prison management, arrest practices, diversion from custody, health care, and post-death investigations. The report found that many recommendations of the Royal Commission had not been fully implemented.  

A key focus of the report was accountability. It highlighted the need for stronger oversight, better monitoring of government action and more transparent reporting on progress. The report argued that preventing deaths in custody required more than policy commitments. It required governments and agencies to actively implement and monitor the Royal Commission's recommendations.  

The report helped maintain national attention on Aboriginal and Torres Strait Islander deaths in custody at a time when public focus on the issue was beginning to fade. By documenting deaths and examining government responses, it kept pressure on governments to improve custodial practices and strengthen accountability measures. 

One of the report's most significant contributions was keeping deaths in custody at the centre of public discussion. It reinforced concerns about systemic racism and inequality within the justice system and strengthened calls for reform from Aboriginal and Torres Strait Islander communities, advocates, and organisations.  

However, many of the issues identified in the report remain today. Since the Royal Commission, more than 635 First Peoples have died in custody. 

Aboriginal and Torres Strait Islander organisations, advocates and communities continue to call for the full implementation of the Royal Commission's recommendations and for reforms that reduce the over-representation of First Peoples in custody.  

The Australian Human Rights Commission also continues to advocate for the rights of Aboriginal and Torres Strait Islander people in criminal justice processes. Various Social Justice Reports have reported on juvenile diversionary programs for First Peoples, and introduced the concept of justice reinvestment to Australia, evaluated the impact of cognitive impairments on first peoples incarceration and provided groundbreaking research on the incarceration of First Peoples women.  

In 2026, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss is calling for the implementation of recommendations from the Royal Commission. The Indigenous Deaths in Custody 1989–1996 report is an important reminder that accountability and lasting reform are essential to preventing deaths in custody as well as delivering justice and equality for First Peoples. 

Read the Report here: Indigenous Deaths in Custody 1989-1996