2008 Face the Facts - Chapter 1

Face the Facts (2008)

Questions and Answers about Aboriginal and Torres Strait Islander Peoples

Back to Contents

• 1.1 Who are Aboriginal and Torres Strait Islander Peoples?
• 1.2 How many Indigenous peoples are there?
• 1.3 Where do Indigenous peoples live? How old are they?
• 1.4 Are Indigenous peoples disadvantaged?
• 1.5 Do Indigenous peoples get special treatment from the government?
• 1.6 Indigenous representative bodies in Australia
• 1.7 What is the history of government policies on Aboriginal and Torres Strait Islander peoples?
• 1.8 What is Aboriginal reconciliation?
• 1.9 The Declaration on the Rights of Indigenous Peoples
• 1.10 What is the right to self-determination?
• 1.11 What is native title?
• Further reading

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1.1 Who are Aboriginal and Torres Strait Islander Peoples?

Aboriginal and Torres Strait Islander peoples are the first peoples of Australia. Old definitions^[1] based on skin colour or ‘percentages of Aboriginal blood' have been replaced by modern definitions which stress ancestry and identification as the key to Aboriginal identity.

Today, the federal government defines an Aboriginal person as someone who:

• is of Aboriginal descent
  • identifies as an Aboriginal person
    and
  • is accepted as an Aboriginal person by the community in which he or she lives.

 

Aboriginal peoples comprise diverse Aboriginal nations, many with their own languages and traditions and have historically lived on mainland Australia, Tasmania or on many of the continent’s offshore islands. Torres Strait Islander peoples come from the islands of the Torres Strait, between the tip of Cape York in Queensland and Papua New Guinea. The peoples of the Torres Strait have their own distinct identity, history and cultural traditions. Many Torres Strait Islanders live on mainland Australia. Aboriginal and Torres Strait Islander peoples retain distinct cultural identities whether they live in urban, regional or remote areas of Australia.

Throughout this publication, Aboriginals and Torres Strait Islanders are referred to as ‘peoples’. This recognises that Aboriginals and Torres Strait Islanders have a collective, rather than purely individual, dimension to their livelihoods.

Throughout this publication, Aboriginal and Torres Strait Islander peoples are also referred to as ‘Indigenous peoples’.

The term ‘Indigenous’ is used to refer to both Aboriginal and Torres Strait Islander peoples. The use of the term ‘indigenous’ has evolved throughout international law. It acknowledges a particular relationship of aboriginal people to the territory from which they originate.^[2]

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1.2 How many Indigenous peoples are there?

455 028 people identified themselves as 'Indigenous' in the 2006 Census.^[3]

• 409 525 of these were Aboriginal peoples.
• 27 302 were Torres Strait Islanders.
• 18 201 identified themselves as both Aboriginal and Torres Strait Islander peoples.

In 2006, 2.3% of the total population of Australia identified themselves as Indigenous. The number of people identifying themselves as Indigenous has increased by 11% since the 2001 Census.^[4]

Although 455 028 people identified themselves as Indigenous as part of the 2006 Census, the Australian Bureau of Statistics recommends the estimated resident population (see table 1.1 below) as the official measure of the Indigenous population. The estimated resident population (ERP) is higher because it has been adjusted for a net undercount of Indigenous people and occasions where Indigenous status is unknown.^[5]

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1.3 Where do Indigenous peoples live? How old are they?

Place of residence

Table 1.1 Estimated State or Territory of residence of Indigenous Australians, 2006

State/Territory	Indigenous population	% of national total Indigenous population*	Total population	Indigenous people as % of State/Territory population
New South Wales	148 178	28.7%	6 817 182	2.2%
Queensland	146 429	28.3%	4 091 546	3.6%
Western Australia	77 928	15.1%	2 059 045	3.8%
Northern Territory	66 582	12.9%	210 674	31.6%
Victoria	30 839	6.0%	5 128 310	0.6%
South Australia	26 044	5.0%	1 568 204	1.7%
Tasmania	16 900	3.3%	489 922	3.4%
ACT	4043	0.8%	334 225	1.2%
Other Territories	231	0.1%	2380	9.7%
Australia	517 174	100%	20 701 488	2.5%

Source: Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians, Catalogue No. 4713, Table 2.1 Estimated Resident Population, (27 March 2008), p16.

Figure 1.1 Estimated Resident Population by Remoteness Areas 30 June 2006 as a percentage of the total population group

Source: Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians, Catalogue No. 4713, Table 2.4 Estimated Resident Population, by Remoteness Areas, (27 March 2008), p18.

Torres Strait Islander Peoples

In 2006, the estimated resident population of people of Torres Strait Islander origin was 53 300, accounting for 10% of the Indigenous population and 0.3% of the total Australian population. This estimate includes 20 200 people of both Torres Strait Islander and Aboriginal origin. Approximately 15% of Torres Strait Islander peoples live in the Torres Strait Indigenous Region, nearly half (46%) live in the rest of Queensland and 39% in the remainder of Australia.^[6]

Age

As a whole, the Indigenous population is much younger than the non-Indigenous population. For example, 56.5% of the Indigenous population in Australia are aged under 25 compared with 32.9% of the non-Indigenous population.^[7]

Figure 1.2 Proportion of Indigenous and non-Indigenous population in specific age groups, 2006

Source: Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians, Catalogue No. 4713, Table 2.3. Estimated Resident Population, (27 March 2008), p. 17.

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1.4 Are Indigenous peoples disadvantaged?

There are clear disparities between Indigenous and non-Indigenous people in Australia across all indicators of quality of life. Indigenous peoples generally experience lower standards of health, education, employment and housing. They are over-represented in the criminal justice system and the care and protection systems nationally compared to non-Indigenous people.^[8]

This disadvantage was highlighted in the National Report of the Royal Commission into Aboriginal Deaths in Custody in 1991. In the Report, Commissioner Elliot Johnston QC stated that:

“the consequence of this history [between Aboriginal peoples and governments] is the partial destruction of Aboriginal culture and a large part of the Aboriginal population and also disadvantage and inequality of Aboriginal people in all the areas of social life where comparison is possible between Aboriginal and non-Aboriginal people”.^[9]

The Overcoming Indigenous Disadvantage Report: Key Indicators 2007 details the progress made with ‘closing the gap’ between Indigenous peoples and other Australians, but also highlights the priority areas which need addressing to improve the current quality of life for Indigenous peoples.

Visit http://www.pc.gov.au/oid to read the Overcoming Indigenous Disadvantage Report: Key Indicators 2007.

Health

• Life expectancy 1996-01:^[10]
  • Indigenous males – 59 years
  • all Australian males – 77 years
  • Indigenous females – 65 years
  • all Australian females – 82 years.

• Death rate 2001-05: The death rate for Indigenous peoples aged 35-54 in the Northern Territory, Queensland, South Australia and Western Australia was five times that of the total Australian population. The overall death rate for Indigenous peoples in these four states was twice the death rate for the total Australian population.^[11] Across these states around 75% of Indigenous males and 65% of Indigenous females died before the age of 65 years. This is in contrast to the non-Indigenous population where around 26% of males and 16% of females died aged less than 65 years.^[12]

• Infant mortality 2001-05: The infant mortality rate for Indigenous Australians is twice the infant mortality rate for all Australians.^[13] For respiratory disease (8%) and external causes (mainly accidents) (4%), the mortality rates for Indigenous infants were eleven and four times higher respectively, compared with non-Indigenous infants.^[14]

• Causes of death 2006: The three major causes of death for Indigenous peoples are diseases of the heart and blood vessels, cancer, and external causes.^[15] Indigenous peoples are more likely than other Australians to die from external causes such as accidents, assault and self-harm (16% of Indigenous deaths compared to 5.7% of non-Indigenous deaths in Australia),^[16] and are more likely to die from diseases of the respiratory system and endocrine, nutritional and metabolic systems, such as diabetes.^[17]

• Hospitalisation 2004-05: Indigenous peoples are 1.3 times more likely to be hospitalised for most diseases and conditions when compared with non-Indigenous people. Hospital admissions were most common amongst older Indigenous peoples (aged 55 years and over) at 31%.^[18]

• Suicide and self harm: Suicide and self-harm cause a great deal of grief in many Indigenous communities. Suicide rates are higher for Indigenous peoples than other Australians, and particularly for those aged between 25 to 34.^[19]

• General health 2004-05: Indigenous peoples were nearly twice as likely to report their health as 'fair or poor' (22%) compared to non-Indigenous people.^[20] Based on self-reported height and weight, Indigenous peoples aged 15 years and over were 1.2 times more likely to be overweight or obese when compared with non-Indigenous people. Indigenous peoples were 1.6 times more likely to report asthma as a long-term health condition (16%) than the non-Indigenous population. Indigenous peoples were three times more likely to report some form of diabetes than non-Indigenous Australians.^[21] In 2004-05, the prevalence of hearing conditions for Indigenous children was three times higher than for non-Indigenous children.^[22]

Table 1.2 Indigenous Self-Assessed Health Status by Remoteness (Locations), 2001, 2004-2005

Health Status	2001			2004-05
	Remote	Non-Remote	Total	Remote	Non-Remote	Total
Excellent/Very Good	35%	42%	40%	41%	44%	43%
Good	43%	30%	33%	40%	33%	35%
Fair/Poor	22%	28%	26%	19%	23%	22%

Source: Australian Bureau of Statistics, National Health Survey: Aboriginal and Torres Strait Islander 2004-05, Catalogue No. 4715.0, Table 1 Indigenous Persons: Summary Health Characteristics by Remoteness, Australia, (2005), p 17.

• What is the Close the Gap Campaign?

The Close the Gap Campaign is an Indigenous Health Equality campaign calling on Australian governments to commit to:

• achieving equality of health status and life expectation between Indigenous and non-Indigenous people within 25 years
• achieving equality of access to primary health care and health infrastructure within 10 years for Indigenous peoples.

The campaign is run by a coalition of over 40 national health and human rights peak bodies and experts under the leadership of the Aboriginal and Torres Strait Islander Social Justice Commissioner.

Visit http://www.humanrights.gov.au/social_justice/health/targets/index.html to read more about the National Indigenous Health Equality Targets.

Visit http://www.closethegap.com.au/ to read more about the Close the Gap Campaign.

Education

• Educational achievement 2006: The proportion of Indigenous peoples over 15 years who had completed Year 10 was 33% in major cities and 24% in remote areas. The proportion of Indigenous peoples who had completed Year 12 was 29% in major cities and 13% in remote areas.^[23]
• Higher education 2006: 6% of Indigenous peoples aged between 18 and 24 years were attending university compared with 25% of non-Indigenous people. Across all age groups, Indigenous peoples were more likely to be attending a technical or further educational institution rather than university. 20% of Indigenous peoples aged 15 years or over in 2001 reported a non-school qualification as compared with 25% in 2006.^[24]

 

Employment and income

• Labour force participation 2006: 57% of Indigenous peoples aged 15-64 years were in the labour force compared with 76% of the non-Indigenous population in the same age group.^[25]
• Unemployment 2006: The unemployment rate was 16% for Indigenous adults compared with 5% of the non-Indigenous population. About 71% of unemployed Indigenous adults were looking for full-time work. The unemployment rate for Indigenous peoples has improved since 2001 when the unemployment rate was 20%.^[26]
• CDEP: The Community Development Employment Projects program (CDEP) is an Australian Government funded initiative for unemployed Indigenous peoples. It has been in operation since 1977. It enables local Indigenous organisations to provide employment and training in lieu of social security payments.^[27] In 2006, 14 200 Indigenous peoples reported their participation in CDEP.^[28]
• Income 2006: The average weekly household income for Indigenous peoples ($460) was only 62% of that for non-Indigenous people ($740).^[29]

Housing

• Home ownership 2006: 63% of Indigenous households live in rental accommodation, 12% of Indigenous households own their homes outright and 24% own their homes with a mortgage. 35% of non-Indigenous households own their homes outright and 36% own their homes with a mortgage.^[30]
• Internet access 2006: 43% of Indigenous households reported having internet access, compared with 64% of non-Indigenous households.^[31]
• Overcrowding 2004-2005: 27% of Indigenous peoples were living in overcrowded conditions, with 14% of this figure living in major cities or inner regional areas and 63% in very remote areas.^[32] Overcrowding puts stress on basic household facilities and can contribute to the spread of infectious diseases such as skin infections, respiratory infections and eye and ear infections.^[33] The highest rate of overcrowding among renters of Indigenous or mainstream community housing was in the Northern Territory, where 61% of Indigenous households were overcrowded.
• Sewerage service 2006: In the past 12 months, 142 Indigenous communities experienced sewerage overflows or leakages, affecting 30 140 persons.^[34] In 2006 there were 51 dwellings in communities not connected to an organised sewerage system, 85 not connected to an electricity supply and 10 not connected to a water supply.
• Indigenous homelessness: Indigenous peoples are more likely to experience homelessness than other Australians. The rate of Indigenous homelessness was three times the rate for other Australians in 2006.^[35]

Table 1.3 Number of Homeless Indigenous Persons by State/Territory - 2006

	NSW	Vic	Qld	WA	SA	Tas.	ACT	NT	Australia
	no.	no.	no.	no.	no.	no.	no.	no.	no.
No conventional accommodation	250	55	469	402	152	24	4	927	2283
Hostel, refuge, night shelter	206	38	198	76	39	9	14	82	662
Friends/ relatives	315	70	352	171	67	43	19	134	1171
Total number	771	163	1019	649	258	76	37	1143	4116

Source: Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples, Catalogue 4704.0, (29 April 2008), p 2.

Child abuse and neglect

• Many Indigenous families and communities live under severe social strain, caused by a range of social and economic factors. Alcohol and substance misuse, and overcrowded living conditions are just two of the factors that can contribute to child abuse and violence.
• In 2005-06, Indigenous children were nearly four times as likely as other children to be the subject of abuse or neglect.^[36]
• An Indigenous child is six times more likely to be involved with a statutory child protection system than a non-Indigenous child, but four times less likely to have access to child care or preschool services that can offer family support to reduce the risk of child abuse.^[37]
• Nationally, Indigenous children are seven times more likely to be in out-of-home care than non-Indigenous children.^[38]

Criminal justice system

• Adult imprisonment 2007: Indigenous prisoners represent 24% of the total prison population in Australia. Nationally, the imprisonment rate for Indigenous adults at June 2007 was approximately 13 times that for non-Indigenous adults. In the Northern Territory, 84% of the prison population is reported as being Indigenous, while in Victoria only 6% is reported as being Indigenous. Western Australia recorded the highest imprisonment rate, with Indigenous peoples 21 times more likely to be imprisoned than the non-Indigenous population.^[39]
• Juvenile detention 2006: Indigenous youth aged 10 to 17 years were 21 times more likely than non-Indigenous youth to be detained in juvenile justice centres (than non-Indigenous peoples of the same age group), although this has begun to trend downwards since 2004.^[40]
• Deaths in custody: Although Indigenous peoples are now less likely to die in police custody compared to 20 years ago, they are more likely to die in prison custody. From 1980-89, 67 Indigenous peoples died in police custody and 39 in prison custody.^[41] From 1990-99, 51 Indigenous peoples died in police custody and 95 in prison custody. From 2000-05, 44 Indigenous peoples died in police custody and 57 in prison custody.

  The National Report of the Royal Commission into Aboriginal Deaths in Custody 1991 defines deaths in prison custody as any deaths that:

  • occur in prison or juvenile detention
  • occur during a transfer to or from prison or a juvenile detention centre or a medical facility (following a transfer from a prison or juvenile detention centre).

The National Report identifies two categories of death in police custody:

• deaths that occur in institutional settings (police stations or lock ups) or as a result of police operations (where police were in close contact to the deceased)
• other deaths during custody related police operations, for example while attempting to detain someone during a pursuit.

During 2005, 54 people died in all forms of custody in Australia. Of the 54 deaths, 15 were Indigenous peoples. During the period 1990 to 2005, the majority of deaths (62%) occurred in prison custody, while 37% of the deaths occurred in police custody. During this period, 19% of all deaths in prison custody were Indigenous peoples.^[42]

Women's disadvantage

• Women's imprisonment 2007: 31% of all female prisoners were reported as having Indigenous status.^[43]
• Family and domestic violence: It can be difficult to estimate the incidence of violence against women in Indigenous communities due to under-reporting. The Australian Bureau of Statistics 2002 National Aboriginal and Torres Strait Islander Social Survey (NATSISS) found that 21.2% of Indigenous peoples reported family violence as a problem in their community. In addition 8.1% reported sexual assault as a problem in their community. The Overcoming Indigenous Disadvantage: Key Indicators 2005 Report indicated that 18.3% of Indigenous women experienced physical or threatened abuse in the past 12 months compared with 7% of non-Indigenous women.^[44]

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1.5 Do Indigenous peoples get special treatment from the government?

Generally, Indigenous peoples receive the same level of public benefits as non-Indigenous people. Individuals do not receive additional public benefits because they are Indigenous.

 

However, specific government programs, not additional income, have been introduced for Indigenous peoples because they are the most economically and socially disadvantaged group in Australia. Special programs are necessary to help overcome disadvantage. Examples of programs specifically designed to meet Indigenous needs include:

• Community Development Employment Projects program (CDEP)
• Aboriginal Medical Services and Aboriginal Legal Services - provide medical and legal services
• the Indigenous Employment Programme - provides flexible financial assistance to help create employment and training opportunities for Indigenous people in the private sector
• Indigenous education programs such as the Indigenous Tutorial Assistance Scheme (ITAS) and Parent School Partnership Initiative (PSPI).

These programs supplement those available to the mainstream population and provide a culturally appropriate alternative. They are necessary because Indigenous peoples do not generally use mainstream services at the same rate as non-Indigenous people and because the level of Indigenous disadvantage is much more severe. These programs aim to close the inequality gap between Indigenous and non-Indigenous Australians. Medical and legal services for low income and migrant communities are also available in Australia and many non-Indigenous people utilise Aboriginal Medical Services.

Education

Public expenditure on education for Indigenous peoples is 18% higher per capita than for non-Indigenous people aged 3-24 years. The higher expenditure is a result of various factors including location (delivering education in rural and remote locations is more expensive) and lower than average income for Indigenous peoples which leads to a greater average need for student assistance.^[45]

Health

Overall, the estimated expenditure on health services provided to Indigenous peoples during 2004–05 was $4718 per person. This was 17% higher than the estimated expenditure on services delivered to non-Indigenous Australians.^[46] However, given the comparatively poor health indicators for Indigenous peoples, public expenditure on health services for Indigenous Australians may not be sufficient to address their health needs.^[47] The difference in health expenditure on Indigenous and non-Indigenous people reflects the differences in income level, health status and the cost of delivering health services to remote communities. While the money spent in the public hospital system was high per capita for Indigenous peoples, the money spent outside of the public hospital system on Indigenous Australians was less than half of that for non-Indigenous Australians.^[48] Indigenous peoples utilise Medicare and Pharmaceutical Benefits Scheme at a much lower rate than non-Indigenous people.

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1.6 Indigenous representative bodies in Australia

Over the past 50 years there have been three main national Indigenous representative bodies in Australia:

• the National Aboriginal Consultative Committee (NACC), (established in 1973)
• the National Aboriginal Conference (NAC), (1977-1984)
• the Aboriginal and Torres Strait Islander Commission (ATSIC) (1989-2005).^[49]

There are also a range of national, state/ territory and regional level Indigenous representative bodies currently in existence in Australia. Some examples include Land Councils and Native Title Representative Bodies and the Torres Strait Islander Regional Authority. In addition, there exists a number of national Indigenous peak bodies that represent different interests of Indigenous service delivery organisations.

In April 2004, the Howard Government announced that the Aboriginal and Torres Strait Islander Commission (ATSIC) and its administrative arm the Aboriginal and Torres Strait Islander Services (ATSIS) were to be abolished.^[50] The responsibilities of these Indigenous agencies were transferred to the mainstream government departments that were managing similar programs for all Australians.^[51]

The ‘new arrangements’ for Indigenous Affairs were based on a process of negotiating agreements with Indigenous families and communities at the local level (‘Shared Responsibility Agreements’) and setting priorities at the regional level (‘Regional Participation Agreements’). Central to this negotiation process is the concept of mutual obligation or reciprocity for service delivery.^[52]

In the absence of ATSIC there is currently no transparent or rigorous process (at a national level) that enables engagement with Indigenous peoples in determining Indigenous policy and priorities and holding governments accountable for their performance.

In 2008, the newly-elected Australian Government committed to setting up a national Indigenous representative body to give Aboriginal and Torres Strait Islander peoples a voice in national affairs and policy development. Consultations on this new body are occurring in 2008 and 2009, with the body to be established following this.

For further information on national Indigenous representative bodies see the issues paper ‘Building a sustainable National Indigenous Representative Body – Issues for consideration’ released by the Aboriginal and Torres Strait Islander Social Justice Commissioner in 2008:  https://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice

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1.7 What is the history of government policies on Aboriginal and Torres Strait Islander peoples?

Terra nullius

From 1788, Australia was treated as a colony of settlement, not of conquest. Indigenous land was taken over by British colonists on the premise that the land belonged to no-one ('terra nullius'). Australia's colonisation resulted in a drastic decline in the Aboriginal population. Estimates of how many Indigenous people lived in Australia at the time of European settlement vary from 300 000 to 1 million. Estimates of the number of Indigenous people who died in frontier conflict also vary widely.^[53] While the exact number of Indigenous deaths is unknown, many Indigenous men, women and children died of introduced diseases to which they had no resistance, such as smallpox, influenza and measles. Many also died in random killings, punitive expeditions and organised massacres.

The Torres Strait Islands are named after Torres, a Spanish captain, who sailed through the Torres Strait in 1606 on his way to the Philippines. In 1872, Britain and Queensland annexed the Torres Strait Islands up to a point 60 miles from the coast of Cape York. In 1877, the administrative centre was located on Thursday Island. In 1879, the majority of the remaining islands in the Torres Strait were annexed to Queensland.^[54]

It is estimated that there were 250 Indigenous languages at the time of European settlement.^[55] According to the National Indigenous Languages Survey Report 2005:

• only 18 Indigenous languages are now considered strong and have speakers across all age groups
• around 110 Indigenous languages are still spoken by older people but can be considered endangered.^[56]

In the 1992 Mabo decision, the High Court of Australia held that the notion of terra nullius (owned by no-one) should not have applied to Australia.^[57] Because of this, the native title rights and interests of Indigenous peoples that existed prior to colonisation can be recognised today under Australian law.

Protection policies

Indigenous survivors of frontier conflicts were moved onto reserves or missions. From the end of the nineteenth century, various state and territory laws were put in place to control relations between Indigenous peoples and other Australians. Under these laws protectors, protection boards and native affairs departments segregated and controlled a large part of the Aboriginal population. It has been estimated that the Aboriginal population during the 1920s had fallen to only about 60 000 from perhaps 300 000 or even one million people in 1788.^[58]

Assimilation policies

In 1937, the Commonwealth Government held a national conference on Aboriginal affairs which agreed that Indigenous peoples 'not of full blood' should be absorbed or 'assimilated' into the wider population. The aim of assimilation was to make the 'Aboriginal problem' gradually disappear so that Aboriginal people would lose their identity in the wider community.

Protection and assimilation policies which impacted harshly on Indigenous peoples included separate education for Indigenous children, town curfews, no social security, lower wages, state guardianship of all Indigenous children and laws that segregated Indigenous peoples into separate living areas, mainly on special reserves outside towns or in remote areas.

Another major feature of the assimilation policy was stepping up the forcible removal of Indigenous children from their families and their placement in white institutions or foster homes.^[59]

Stolen Children or Stolen Generations

The Stolen Generations refers to the generations of Indigenous children that were forcibly removed from their families by compulsion, duress or undue influence, as a result of protectionist and child welfare laws, practices and policies in place in Australia for most of the 1900s. The purpose of the removals was to ‘merge’, absorb’, or ‘assimilate’ Indigenous peoples into the non-Indigenous population to attain a similar manner of living as non-Indigenous people.^[60]

The history of the Stolen Children varies depending on time and place. Table 1.4 shows where and when Indigenous children could lawfully be taken away without their parents' consent and without a court order. Non-Indigenous children could also be removed without their parents' consent, but only by a court finding that the child was uncontrollable, neglected or abused.

Table 1.4 State and Territory laws authorising forcible removal of Indigenous children

Where	When	Why
NSW & ACT	1915 -1940	If the Protection Board believed it was in the interest of the moral or physical welfare of the child.
Northern Territory	1911 - 1964	Being 'Aboriginal or half-caste' if the Chief Protector believed it was necessary or desirable.
Queensland	1897 - 1965	For 'Aboriginal' children, and 'half-cast' children living with Aboriginal parent(s), if the Minister ordered it. These laws did not apply to Torres Strait Islanders.
South Australia	1923 - 1962	Legitimate children (that is, children whose parents were lawfully married) could only be removed if they were over 14 or had an education certificate. Illegitimate children could be removed at any time if the Chief Protector and State Children's Council believed they were neglected.
Victoria	1871 - 1957	If the Governor of the State was satisfied the child was neglected or left unprotected. From 1899, for the better care, custody, and education of the child.
Western Australia	1909 - 1954	Police, protectors and justices of the peace could remove any 'half-caste' child to a mission. Extended to all 'natives' under 21 in 1936.

Source: Human Rights and Equal Opportunity Commission, Appendices 1-7, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, (1997).

Where were the children placed?

Indigenous children were forcibly removed from their families and communities to the care of non-Indigenous people with the aim of assimilating them into non-Indigenous society. In Queensland, this often meant separating the children into dormitories on reserves. In New South Wales and Western Australia, many children were trained in Indigenous-only institutions to become domestic servants or farm labourers. Other children were transferred to orphanages and children's homes where Indigenous and non-Indigenous children were brought up together. In other cases, and especially after the 1940s, Indigenous children were fostered or adopted into non-Indigenous families.^[61]

How many children were removed?

The full scale of removals is still not known because many records have been lost. In its 1997 Bringing them home Report, the Commission estimated that between one-third and one-tenth of all Indigenous children were removed from their homes during the years in which forcible removal laws operated.^[62] Subsequent research by Professor Robert Manne estimated the number of Indigenous children removed from their families in the period 1910–70 was closer to the figure of one in ten, or between 20 000 and 25 000 individuals.^[63] The 2002 National Aboriginal and Torres Strait Islander Survey (NATSIS) found that approximately 10% of all Indigenous peoples aged 35 years or over reported that they had been taken away from their natural family.^[64]

What were the consequences of the removals?

Many members of the ‘Stolen Generation’ reported during the Bringing them home Inquiry (conducted between 1995 to 1997) that they were forbidden to speak Indigenous languages, they were told their parents did not want them, they experienced neglect as well as physical, emotional and sexual abuse, they received little or no education, and were refused contact with their families.

Separating Indigenous children from their parents and communities has been reported to seriously impact on their safety, well being, mental health, cultural identity, and development. The forced removal of Stolen Generations people from their families and communities has in many cases prevented them from acquiring language, culture and the ability to carry out traditional responsibilities. The forced separation of children has also made it difficult for those individuals to establish their genealogical links. Many members of the Stolen Generations still have not been reunited with their families. The legacy of forcible removal remains in the lives of Indigenous individuals and communities today.

The Bringing them home Report recommended that for the purposes of responding to the gross violations of human rights that occurred as a result of the forcible removals that reparation be made. In addition to acknowledgement and apology, the report recommended that reparation should include: guarantees against repetition, restitution, rehabilitation and monetary compensation.

Visit http://www.humanrights.gov.au/social_justice/bth_report/index.html to read the Bringing them home Report.Compensation

To date a national tribunal has not been established to financially compensate members of the Stolen Generations and their families, but some state/ territory schemes have been established.

Indigenous specific schemes

In Tasmania, the government passed legislation in 2006 that established a $5 million fund to provide payments to eligible members of the Stolen Generations who were removed from their families as children by the state government. The Act also enables children of deceased members of the Stolen Generations to apply for a payment. The Scheme concluded in February 2008, with 84 members of the Stolen Generations assessed as eligible to receive $58 333 and 22 descendents either $4000 or $5000.

Visit http://www.dpac.tas.gov.au/divisions/cdd/oaa/stolen_generations to read more about the Tasmanian scheme. Non-Indigenous specific schemes

In Western Australia and Queensland there have been compensation schemes established that compensate for abuse experienced by any person kept in state institutions. Some Stolen Generation members will be eligible under these schemes, although they are not targeted specifically to Stolen Generation members.

In Western Australia, the state government announced a $114 million redress scheme in 2007, known as ‘Redress WA’, for those who as children were abused while in state care in Western Australia.

Visit http://www.redress.wa.gov.au/ to read more about the WA Redress compensation scheme.

In Queensland, the 1999 report on the Forde Inquiry into the Abuse of Children in Queensland institutions found significant evidence of abuse and neglect of children in Queensland institutions from 1911 to 1999. In response to the report, the Forde Foundation was established to make compensation payments to acknowledge the impact of the past and help them move forward with their lives.

Visit http://www.communities.qld.gov.au/community/redress-scheme/eligibility.html to read more about the Forde Foundation compensation scheme.The 1967 Referendum

Before 1967, Indigenous affairs was a state responsibility and the Commonwealth Government only had responsibility for Indigenous peoples in the Northern Territory.

In May 1967, a Referendum was held to amend the Australian Constitution (sections 51 and 127) to allow Indigenous peoples to be included in the national census, and to give federal Parliament the power to make laws in relation to Indigenous peoples.

The Referendum was passed with a 'Yes' vote of around 91%.

The 1967 Referendum has meant that the Commonwealth Government could make special laws in relation to the Aboriginal 'race' intended to benefit Indigenous peoples. It has also meant that Australia’s census now includes information on Indigenous peoples. The 1971 census was the first time Indigenous peoples were included in the census.

Some mistakenly believe that the constitutional amendments provided further citizenship rights to Indigenous peoples, such as the right to vote. But Indigenous peoples’ voting rights at the state level had been recognised in Victoria, New South Wales, Tasmania and South Australia since the 1850s. In 1895, South Australia gave women the right to vote, including Indigenous women.^[65] Only Queensland and Western Australia barred Indigenous peoples from voting.

At the Commonwealth level, Indigenous peoples’ voting rights were restricted by the Franchise Act 1902 which excluded Aborigines and other ‘coloured’ people from voting unless they had a state vote.^[66] This was further broadened in 1962 when the Commonwealth vote was given to all Indigenous peoples, and by 1965 Indigenous peoples had full and equal voting rights in all states.^[67]

Visit http://www.aph.gov.au/library/pubs/bp/1996-97/97bp11.htm to read more about the 1967 Referendum.

Equal pay

Having repeatedly rejected Indigenous claims to equal pay for equal work during the 1930s and 1940s, the Commonwealth Conciliation and Arbitration Commission finally granted Aboriginal stockmen award wages in 1965.^[68] This determination had a flow-on effect to other employed Indigenous people nationally.

Self-determination policy

The federal Labor Government led by Prime Minister Gough Whitlam adopted the policy of 'self-determination' for Indigenous communities in 1972. This policy was described as 'Aboriginal communities deciding the pace and nature of their future development as significant components within a diverse Australia'. It recognised that Indigenous peoples had a right to be involved in decision making about their own lives.

Self-management policy

The federal Coalition Government led by Prime Minister Malcolm Fraser, which came to power in late 1975, adopted the policy of 'self-management'. This policy focused on Indigenous communities managing some government projects and funding locally, but with little say in what projects would be created. The Hawke and Keating Labor Governments from 1983-1996 used both self-determination and self-management as key principles in their Indigenous affairs policies. The Coalition Government led by Prime Minister John Howard from 1996 reverted to a policy of self-management.

Land rights

In 1976, the federal government passed land rights law for Indigenous peoples in the Northern Territory. Most other states also have some form of Land Rights legislation in place, although the degree of control given to Indigenous peoples over the land in question differs significantly from state to state.

Visit http://www.humanrights.gov.au/social_justice/nt_report/ntreport05/ch2.html to read more about Land Rights.

Native title

In the Mabo case of 1992, the High Court of Australia decided that terra nullius (owned by no one) did not apply. It found that Indigenous peoples who have maintained a continuing connection with their land according to their traditions and customs may have their rights to land under traditional law recognised in Australian law (see section 1.11, ‘What is Native Title?’ below for further details.)

Northern Territory Intervention

On 21 June 2007, the Howard Government announced a ‘national emergency response to, protect Aboriginal children in the Northern Territory from sexual abuse and family violence.^[69] The national emergency response was also known as the ‘Northern Territory Intervention’ or the ‘Northern Territory Emergency Response’ (NTER). The emergency response measures followed the release of a Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. The report was titled Ampe Akelyernemane Meke Makarle: Little Children are Sacred. The Little Children are Sacred Report was commissioned by the Chief Minister of the Northern Territory on 30 April 2007 and publicly released on 15 June 2007.

The Intervention was introduced through a set of federal government legislation that included the following measures into the Northern Territory:

• widespread alcohol restrictions on Indigenous land
• income management schemes that partially or completely quarantined welfare recipients’ income
• abolition of the Community Development Employment Projects program
• enforcing school attendance by linking income support and family assistance payments to school attendance for all people living on Indigenous land and providing meals for children at school at parents' cost;
• introducing compulsory health checks for all Indigenous children
• acquiring townships prescribed by the Australian Government through five year leases including payment compensation
• increasing policing levels in prescribed communities
• intensified ground clean up and repair of communities to make them safer and healthier by marshalling local workforces through work-for-the-dole
• improving housing and reforming community living arrangements in prescribed communities including the introduction of market based rents and normal tenancy arrangements
• banning the possession of X-rated pornography and introducing audits of all publicly funded computers to identify illegal material
• removing the permit system for common areas, road corridors and airstrips for prescribed communities on Indigenous land
• improving governance by appointing managers of all government business in prescribed communities.^[70]

The Intervention measures were also exempted from the application of Australia’s Racial Discrimination Act 1975 (Cth) and Northern Territory anti-discrimination legislation.^[71]

The current Rudd Government has conducted an independent review of the Intervention 12 months after it commenced. Visit http://www.nterreview.gov.au/report.htm to read the report.Visit http://www.nt.gov.au/dcm/inquirysaac/pdf/bipacsa_final_report.pdf to read the Little Children are Sacred Report.

For a human rights analysis of the Northern Territory Intervention visit: http://www.humanrights.gov.au/social_justice/sj_report/sjreport07/chap3.html

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1.8 What is Aboriginal reconciliation?

Reconciliation is a process of improving, renewing or transforming relations between Indigenous and non-Indigenous people for the future, which are based on: understanding the historical relationship between Indigenous and non-Indigenous people; understanding the past injustices and impacts of colonisation and dispossession on Indigenous peoples; and respecting the cultures, identities and rights of Indigenous peoples.^[72]

In 1991, the Council for Aboriginal Reconciliation was established for a 10 year period to promote reconciliation between Indigenous peoples and the wider Australian community. The Council was established by legislation with 25 Indigenous and non-Indigenous members appointed by the Federal Government. At the end of its 10 year period, the Council was also required to make recommendations to the government on actions for achieving reconciliation.

In 2000, the Council provided the Australian people and government with a declaration towards reconciliation, a Roadmap for Reconciliation, which contains four national strategies and a final report, titled Reconciliation: Australia's Challenge, which sets out a comprehensive program of activities to address the 'unfinished business' of reconciliation. The Council’s proposals identified four priority areas for achieving reconciliation: achieving economic independence, overcoming Indigenous disadvantage, recognising Indigenous rights and sustaining the reconciliation process.

Reconciliation Australia was established as an independent not-for-profit organisation in December 2000 to carry forward the reconciliation work of the Council.

Visit http://www.austlii.edu.au/au/orgs/car/docrec/relevant/docbook/p4.htm to read more information on the Council for Aboriginal Reconciliation.

Visit http://www.reconciliation.org.au/i-cms.isp to read more about the work of Reconciliation Australia.

The Apology

On the 13 February 2008 Prime Minister Kevin Rudd apologised on behalf of all Australians for the laws and policies which afflicted pain, suffering and loss on the ‘Stolen Generations’ of Indigenous peoples.^[73] The Apology was adopted with the support of all political parties.

The national Apology was a recommendation of the Bringing them home Report 1997 (section 5(a)).^[74] The report identified that a national apology would contribute to the proper recognition of Indigenous Australians as our first nations peoples and national healing and reconciliation.

In recognition and respect, the national Apology should be spelt with a capital ‘A’.

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1.9 The Declaration on the Rights of Indigenous Peoples

On the 14 September 2007 the United Nations adopted the Declaration of the Rights of Indigenous Peoples. The adoption of the Declaration concludes a 30 year process that had its origins in the late 1970s and that was led by the United Nations Working Group on Indigenous Populations since 1984.

The Declaration sets out how existing human rights apply to the situation of Indigenous peoples. It includes:

• The right of indigenous peoples to enjoy all human rights, non-discrimination, self-determination and autonomy, maintenance of indigenous institutions and the right to a nationality (Articles 1-6).
• Life, integrity and security (Articles 7-10): the rights to freedom from genocide, forced assimilation or destruction of culture, forced relocation from land, right to integrity and security of the person, and right to belong to an Indigenous community or nation.
• Cultural, spiritual and linguistic identity (Articles 11-13): rights to practice and revitalise culture and the transmission of histories and languages, as well as the protection of traditions, sites, ceremonial objects and repatriation of remains.
• Education, information and labour rights (Articles 14-17): rights to education, access to media (both mainstream and indigenous specific) and rights to protection of labour law and from economic exploitation.
• Participatory, development and other economic and social rights (Articles 18-24): rights to participation in decision-making, through representative bodies; rights to their own institutions to secure subsistence and development; special measures to be adopted to address indigenous disadvantage and ensure non-discriminatory enjoyment of rights; guarantees against violence and discrimination for women and children; right to development; and access to traditional health practices and medicines.
• Land, territories and resources rights (Articles 25-32): rights to maintain traditional connections to land and territories; ownership of such lands and protection of lands by State; establishment of systems to recognise indigenous lands; rights to redress and compensation for lands that have been taken; conservation and protection of the environment; measures relating to storage of hazardous waste and military activities on indigenous lands; protection of traditional knowledge, cultural heritage and expressions and intellectual property; and processes for development on indigenous land.
• Indigenous institutions (Article 33 – 37): rights to determine membership and to maintain institutions (including judicial systems), to determine responsibilities of individuals to their communities, to maintain relations across international borders, and right to the recognition of treaties, agreements and other constructive arrangements with States.

In addition, the Declaration recognises the principle of free, prior and informed consent (see Articles 11 and 32). The principle of free, prior and informed consent can be applicable in a number of contexts including: access to and use of indigenous lands and territories, natural resources, traditional knowledge etc. and in relation to the development and implementation of any laws, policies and programs dealing with or affecting indigenous peoples.^[75]

Visit: https://www.un.org/development/desa/indigenouspeoples/ to view the Declaration.

Visit http://www.humanrights.gov.au/social_justice/declaration/index.html for more information about the Declaration and its impact in Australia.

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1.10 What is the right to self-determination?

Self-determination is the right of all peoples of the world to 'freely determine their political status and freely pursue their economic, social and cultural development' (Article 1 of the International Convention on Civil and Political Rights).^[76] Self-determination is a collective right (belonging to 'peoples') rather than an individual right.

The right to self-determination for indigenous peoples has been clearly recognised in the Declaration on the Rights of Indigenous Peoples.

Article 3: Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

This right must be exercised consistently with international law. This means that that the Declaration does not authorise the territorial integrity of a nation to be affected, or authorise secession. This is guaranteed in Article 46 (1) of the Declaration which states:

Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorising or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

In practice, recognising the right to self determination means a government recognises indigenous peoples' distinct cultures and forms of social organisation, governance and decision-making; and transfers responsibility and power for decision-making to indigenous communities so they can make decisions in relation to issues that affect them.

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1.11 What is native title?

'Native title' is the name given by Australian law to Indigenous peoples' traditional rights to their lands and waters. Those rights can range from a relationship similar to full ownership of the land through to the right to go onto the land for ceremonies or to hunt, fish or gather foods and bush medicines. To have their native title rights recognised, the Indigenous group has to prove they still have a connection with their country according to their traditional laws.

 

In many cases, native title rights and interests are extinguished by the creation of titles and interests in land following colonisation. However, in some cases Indigenous and non-Indigenous interests in land can co-exist - for example, Indigenous peoples might be able to visit their country freely even though it is on a cattle station. Wherever there is a conflict between the two sets of interests, the non-Indigenous interest will prevail.

 

Native title cannot be recognised on land which is fully owned by someone else. It can only be recognised in areas like:

• vacant land owned by the government (this is called 'Crown Land')
• some national parks and forests
• some pastoral leases (where the pastoralist rents a cattle or sheep station from the government without owning the land)
• Aboriginal reserves
• beaches, seas, lakes and rivers that are not privately owned.

How many native title determinations have been made?

As at 24 September 2008, the total number of native title determinations (decisions made on a claim) in Australia numbered 116. Of these, 81 were determinations that native title exists.^[77]

Visit http://www.nntt.gov.au/ to read more about native title determinations.

Is native title the same as land rights?

Native title is not the same as land rights. Land rights are granted through legislation whereas native title is the recognition of rights based on the traditional laws and customs that existed before colonial occupation. Unlike land rights, native title rights are not granted by government so cannot be withheld or withdrawn by Parliament or the Crown, although they can be extinguished by an Act of government.

A land rights grant may cover traditional land, an Aboriginal reserve, an Aboriginal mission or cemetery, Crown Land or a national park. Native Title only covers land on which a traditional relationship continues to exist from the time of colonisation.

Land for Aboriginal communities or enterprises may also be purchased with money from the Aboriginal and Torres Strait Islander Land Account (formerly Land Fund) created in 1995. The Land Account was the second part of the federal government’s response to the High Court’s Mabo decision (the first part of the response being the introduction of native title legislation), in recognition of the fact that the majority of Indigenous peoples had been dispossessed and would be unable to regain ownership and control of their land through native title processes.

Native title landmarks

1992: First recognition of native title - the Mabo case

In the Mabo case of 1992, the High Court of Australia recognised the native title rights of the Meriam people of the Torres Strait. It recognised for the first time that Indigenous peoples who have maintained a continuing connection with their country, according to their traditions and customs, may have their rights to land under traditional law recognised in Australian law.

Visit http://www.austlii.edu.au/au/cases/cth/high_ct/175clr1.html to read more information about the case.

Visit http://www.adcq.qld.gov.au/pubs/Mabo_oration.rtf to read the inaugural Queensland Mabo Oration delivered by Noel Pearson, Cape York Institute in 2005.

Visit http://www.adcq.qld.gov.au/ATSI/FindingthePromise.html to read the Mabo Oration delivered by Professor Larissa Behrendt, University of Technology, Sydney in 2007.

1993: The Native Title Act 1993

In 1993, the Native Title Act was passed to recognise and protect surviving native title rights throughout Australia and set up a process for settling claims and conflicts about native title.

The Act:

• established a claim process for Indigenous peoples seeking recognition of native title, including the establishment of the National Native Title Tribunal
• provided a definition of native title
• provided that, in relation to future developments on the land, native title would have no lesser protection than other interests in land
• allowed Indigenous groups claiming native title to negotiate about mining developments proposed on the land before proving their claim (the ‘right to negotiate’)
• validated non-Indigenous interests that would have been invalid as a result of the recognition of native title.

Visit http://www.nntt.gov.au/What-Is-Native-Title/Pages/What-is-Native-Title.aspx for more information about the Native Title Act 1993.

1996: The question of pastoral leases - the Wik Case

In the 1996 Wik case, the High Court held that pastoral leases in Queensland do not necessarily cancel out native title rights and interests, and that they could co-exist with the rights of pastoralists.Visit http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1996/40.html?query=wik for more information about the case.

1998: The Wik amendments to the Native Title ActIn response to the Wik case, the federal government amended the Native Title Act. The amendments:

• reduced the right to negotiate so that it only applies to mining activities and some compulsory acquisitions
• validated leases granted by government’s that were thought to be invalid because of native title, and confirmed the extinguishment of native title on a range of leases and other land tenures, such as freehold land
• upgraded pastoral leaseholds by increasing the activities that could take place under the lease without having to negotiate with native title holders
• made it more difficult to register native title applications
• introduced ‘Indigenous Land Use Agreements’ (ILUAs) which provide native title groups with an opportunity to negotiate voluntary but binding agreements with others, including pastoralists and mining companies, about their lands and waters.

The 1998 amendments to the Native Title Act were referred to the United Nations Committee for the Elimination of all forms of Racial Discrimination (CERD) and found to be in breach of Australia's international human rights obligations. CERD has since twice reaffirmed its findings and continues to criticise the Australian Government for their failure to address this breach.

2001: Croker Island (Commonwealth v Yarmirr)

The Croker Island case recognised that native title could exist on sea country but that any native title rights that were recognised must not exclude the rights of any other person.

Visit http://www.austlii.edu.au/au/cases/cth/HCA/2001/56.html to read more information about the case.

2002: Ward (Western Australia v Ward)

In the Ward case, the High Court found that native title is made up of a bundle of rights and that these rights can be extinguished either in part or as a whole. One way native title rights are extinguished is by the grant of inconsistent non-Indigenous interests in the same area of land. For example, the creation of a pastoral lease in Western Australia extinguishes the right of the traditional owners to exclusive possession of that land. However, it does not extinguish the rights of the traditional owners to enter the land in order to hunt or fish or perform ceremonies, because these rights can co-exist with the rights of the pastoralist. In the case of freehold, native title is completely extinguished.

Visit http://www.austlii.edu.au/au/cases/cth/HCA/2002/28.html to read more information about the case.

2002: Yorta Yorta (Members of the Yorta Yorta Community v Victoria)

The High Court found that in order to have native title recognised the claimant group must show that it, or its members, have practised their traditional laws and customs continuously since European settlement.

Visit www.austlii.edu.au/au/cases/cth/HCA/2002/58.html to read more information about the case.

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Further reading

Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission)

Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2007, Human Rights and Equal Opportunity Commission, Sydney, (2007), at:http://www.humanrights.gov.au/Social_Justice/sj_report/sjreport07/index.html.

Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2007, Human Rights and Equal Opportunity Commission, Sydney, (2007), at:http://www.humanrights.gov.au/Social_Justice/nt_report/ntreport07/index.html.

Aboriginal and Torres Strait Islander Social Justice Commissioner, Bringing them home Report, Human Rights and Equal Opportunity Commission, Sydney, (1997), at: http://www.humanrights.gov.au/social_justice/bth_report/index.html.

Human Rights and Equal Opportunity Commission, Us Taken-Away Kids, (2007), at: http://www.humanrights.gov.au/bth/taken/index.html.

Australian Bureau of Statistics

Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians, Catalogue No. 4713, (27 March 2008).

Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008).

Australian Bureau of Statistics, Housing and Infrastructure in Aboriginal and Torres Strait Islander Communities, Australia, Catalogue No. 4710.0, (2007).

Australian Bureau of Statistics, National Health Survey: Aboriginal and Torres Strait Islander 2004-05, Catalogue No. 4715.0, (11 April 2006).

Productivity Commission

Steering Committee for the Review of Government Service Provision Reports, Overcoming Indigenous Disadvantage in Australia, (2005), at:http://www.pc.gov.au/speeches/cs20070629.

Other Indigenous health publications and websites

Aboriginal and Torres Strait Islander Social Justice Commissioner and the Steering Committee for Indigenous Health Equality, Close the Gap: National Indigenous Health Equality Targets, Australian Human Rights Commission, Sydney, (2008), at:http://www.humanrights.gov.au/social_Justice/health/targets/health_targets.pdf

Department of Health and Ageing, National Strategic Framework for Aboriginal and Torres Strait Islander Health 2003-2013, Department of Health and Ageing, (2007), at:http://www.health.gov.au/internet/main/publishing.nsf/Content/6CA5DC4BF04D8F6ACA25735300807403/$File/nsfatsihimp2.pdf.

Office for Aboriginal and Torres Strait Islander Health:http://www.health.gov.au/oatsih.

Publications about colonial history

B Attwood, The Making of the Aborigines, Allen & Unwin, Sydney (1989).

Aboriginal and Torres Strait Islander Social Justice Commissioner, Bringing them home Report, Human Rights and Equal Opportunity Commission, Sydney, (1997), at: http://www.humanrights.gov.au/social_justice/bth_report/index.html.

R Manne, ‘In denial: The stolen generations and the right’, The Australian Quarterly Essay, Issue 1, Schwartz Publishing (2001).

P Read, The Stolen Generations: The Removal of Aboriginal Children in New South Wales 1883-1969, NSW Government Printer, Sydney, (1982).

H Reynolds, Frontier: Aborigines, Settlers and Land, Allen and Unwin, Sydney, (1987).

H Reynolds, The Other Side of the Frontier: An Interpretation of the Aboriginal Response to the Invasion and Settlement of Australia, James Cook University, Townsville, (1981).

H Reynolds, Why Weren’t We Told? A Personal Search for the Truth about our History, Viking, Ringwood Victoria, (1999).

L Ryan, The Aboriginal Tasmanians, Second Edition, Allen and Unwin, Sydney, (1997).

Publications and websites about reconciliation

Reconciliation Australia
http://www.reconciliation.org.au/i-cms.isp.

Reconciliation Australia archives
http://www.austlii.edu.au/au/other/IndigLRes/car/.

Council for Aboriginal Reconciliation, Australian Declaration Towards Reconciliation, Council for Aboriginal Reconciliation, (2000), at:
http://www.austlii.edu.au/au/other/IndigLRes/car/2000/12/pg3.htm.

Council for Aboriginal Reconciliation, Roadmap for Reconciliation, Council for Aboriginal Reconciliation, (2000), at:
http://www.austlii.edu.au/au/other/IndigLRes/car/2000/10/.

Report of the Royal Commission into Aboriginal Deaths in Custody

Commonwealth of Australia, National Report (Volumes I-V), (1991), at:
http://www.austlii.edu.au/au/other/IndigLRes/rciadic/index.html.

For Information about the new arrangements in the administration of Aboriginal affairs

Department of Families, Housing, Community Services and Indigenous Affairs:
http://www.facsia.gov.au/internet/facsinternet.nsf/indigenous/nav.htm.

Parliament of Australia, Parliamentary Library:
http://www.aph.gov.au/library/INTGUIDE/sp/spindigenous.htm.

Australian Government, Indigenous Porthole:
http://www.indigenous.gov.au/.

Ministerial Council for Aboriginal and Torres Strait Islander Affairs:
http://www.mcatsia.gov.au/.

Secretaries' Group on Indigenous Affairs Annual Report 2006–2007:
http://www.fahcsia.gov.au/indigenous/annual_report/default.

Australian National Audit Office, Whole of Government Indigenous Service Delivery Arrangements, (2007), at:
http://www.anao.gov.au/uploads/documents/2007-08_Audit_Report_101.pdf.

For Information about CDEP

Australian Government, Centrelink:
http://www.centrelink.gov.au/internet/internet.nsf/publications/co041.htm.

Race Discrimination Commissioner, The CDEP Scheme and Racial Discrimination, Human Rights and Equal Opportunity Commission, Sydney, (1997), at:
http://www.humanrights.gov.au/pdf/race_discrim/cdep_scheme.pdf.

For further studies on Aboriginal and Torres Strait Islander peoples

Australian Institute of Aboriginal and Torres Strait Islander Studies:
http://www.aiatsis.gov.au/.

For information about the Torres Strait Regional Authority

Australian Government, Torres Strait Regional Authority:
http://www.tsra.gov.au/.

For information about the Mabo case

Mabo No 2: Mabo and Others v Queensland [1992] 175 CLR 1, at:
http://www.austlii.edu.au/au/cases/cth/high_ct/175clr1.html.

For more information about the National Native Title Tribunal

Australian Government, National Native Title Tribunal:
http://www.nntt.gov.au/Pages/default.aspx.

For information about land rights legislation and land purchases

Australian Government, Indigenous Land Corporation:
http://www.ilc.gov.au/site/page.cfm.

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^[1] Unpublished paper, Aboriginal Citizenship conference at the ANU in February 1996. Parliamentary Library, J Gardiner-Garden, The Definition of Aboriginality. At http://www.aph.gov.au/LIBRARY/pubs/rn/2000-01/01RN18.htm (Viewed 24 September 2008).

^[2] United Nations High Commissioner for Human Rights, The Rights of Indigenous Peoples, Fact sheet No. 9 (Rev.1). At http://www.unhchr.ch/html/menu6/2/fs9.htm (viewed 24 September 2008).

^[3] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 25.

^[4] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 25.

^[5] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 8.

^[6] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 168.

^[7] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 17.

^[8] Steering Committee for the Review of Government Service Provision (SCGRP), Overcoming Indigenous Disadvantage – Key Indicators 2003, Productivity Commission, (2003) p. v.

^[9] Royal Commission into Aboriginal Deaths in Custody, National Report: Volume 1, (1991), p. 11.

^[10] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008 Catalogue No. 4704.0 (29 April 2008), p. 154.

^[11] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008 Catalogue No. 4704.0 (29 April 2008), p. 158.

^[12] Australian Bureau of Statistics, The Health and Welfare of Aboriginal and Torres Strait Islanders People 2008 Catalogue No. 4704.0, (29 April 2008).

^[13] Australian Bureau of Statistics, Causes of Deaths, Catalogue No. 3303.0, (14 March 2008), p. 53.

^[14] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p 157.

^[15] Australian Bureau of Statistics, Causes of Deaths, Catalogue No. 3303.0, (14 March 2008), p. 51.

^[16] Australian Bureau of Statistics, Causes of Deaths, Catalogue No. 3303.0, (14 March 2008), p. 51.

^[17] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p. 161.

^[18] Australian Bureau of Statistics, National Health Survey: Aboriginal and Torres Strait Islander 2004-05, Catalogue No. 4715.0, (11 April 2006), p. 7.

^[19] Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage – Key Indicators 2007, Productivity Commission, (2007), p. 19.

^[20] Australian Bureau of Statistics, National Health Survey: Aboriginal and Torres Strait Islander 2004-05, Catalogue No. 4715.0, (2005), p. 2.

^[21] Australian Bureau of Statistics, National Health Survey: Aboriginal and Torres Strait Islander 2004-05, Catalogue No. 4715.0, (2005), pp. 12-22.

^[22] Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage – Key Indicators 2007, Productivity Commission, (2007), p 524.

^[23] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians, Catalogue No. 4713, (27 March 2008), p. 50.

^[24] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), pp. 50-51.

^[25] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 80.

^[26] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 86.

^[27] Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2001, Human Rights and Equal Opportunity Commission, Sydney, (2002), Chapter 2.

^[28] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 83.

^[29] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 103.

^[30] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 130.

^[31] Australian Bureau of Statistics, Population Characteristics: Aboriginal and Torres Strait Islander Australians Catalogue No. 4713, (27 March 2008), p. 135.

^[32]Australian Bureau of Statistics, Housing: Housing Assistance, Year Book Australia 2008, Catalogue No. 1301.0, at: http://www.abs.gov.au/AUSSTATS/abs@.nsf/bb8db737e2af84b8ca2571780015701e/51232D8E96659BA7CA2573D20010FB02?opendocument (viewed 30 March 2008).

^[33] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p. 1.

^[34] Australian Bureau of Statistics, Housing and Infrastructure in Aboriginal and Torres Strait Islander Communities, Australia, Catalogue No. 4710.0, (20 August 2007).

^[35] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue 4704.0, (29 April 2008), p. 1.

^[36] Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage – Key Indicators 2007, Productivity Commission, (2007), p. 20.

^[37] Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2007, Human Rights and Equal Opportunity Commission, Sydney (2007), p. 116.

^[38] Cited in Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2007, Human Rights and Equal Opportunity Commission, (2008), p. 12.

^[39] Australian Bureau of Statistics, Prisoners in Australia, (Catalogue No. 4517.0), 13 December (2007), p 6.

^[40] N Taylor, Juveniles in Detention in Australia, 1981-2006, Australian Institute of Criminology Technical and Background Paper No. 26, (2007), p. 16, at:http://www.aic.gov.au/publications/tbp/tbp026/tbp026.pdf (viewed 30 April 2008).

^[41] P Williams Deaths in Custody: 10 Years on from the Royal Commission, Trends & Issues in Crime and Criminal Justice No. 203, Australian Institute of Criminology, (2001). At http://www.aic.gov.au/publications/tandi/tandi203.html (viewed 30 April 2008).

^[42] J Joudo, Deaths in Custody in Australia: National Deaths in Custody Program annual report 2005, Australian Institute of Criminology Technical and Background Paper No. 21, (2005). At http://www.aic.gov.au/publications/tbp/tbp021/tbp021.pdf (viewed 30 April 2008).

^[43] Australian Bureau of Statistics, Table 6. Prisoners, Prisoners in Australia, Catalogue No. 4517.0, (13 December 2007), p. 20.

^[44] Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantaged: Key Indicators 2005, Productivity Commission, (2005), p. 152.

^[45] M Neutze, W Sanders, & G Jones, Public Expenditure on Services for Indigenous People: Education, Employment, Health and Housing, Discussion Paper No. 24, The Australia Institute, (1999), p. 12-13, at: https://www.tai.org.au/file.php?file=DP24.pdf (Viewed 20 February 2008).

^[46] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p. 188.

^[47] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p. 216.

^[48] Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples 2008, Catalogue No. 4704.0, (29 April 2008), p. 189.

^[49] Aboriginal and Torres Strait Islander Social Justice Commissioner, Building a sustainable National Indigenous Representative Body – Issues for consideration, Human Rights and Equal Opportunity Commission, Sydney, (2008), p12.

^[50] Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2004, Human Rights and Equal Opportunity Commission, Sydney, (2004), p 67.

^[51] J Howard (former Prime Minister), Transcript of the Prime Minister, The Hon John Howard MP, Joint Press Conference with Senator Vanstone, Parliament House, Canberra, (15 April 2004), p. 1-2.

^[52] Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2004, Human Rights and Equal Opportunity Commission, (2005), p. 67.

^[53] R Broome, ‘The Statistics of Frontier Conflict’, in B Attwood and S G Foster (eds), Frontier Conflict. The Australian Experience, National Museum of Australia, Canberra, (2003), p. 88-97.

^[54] J Burton, ‘History of Torres Strait to 1879 – a regional view’, Torres Strait Regional Authority, at: http://www.tsra.gov.au/the-torres-strait/general-history.aspx (viewed 29 September 2008).

^[55] Council for Aboriginal Reconciliation, Valuing Cultures: Recognising Indigenous cultures as a valued part of Australian heritage, (1994), p. 9.

^[56] Australian Institute of Aboriginal and Torres Strait Islander Studies, National Indigenous Languages Survey Report 2005, (2005). At:http://www.arts.gov.au/__data/assets/pdf_file/35637/NILS_Report_2005.pdf (viewed 26 September 2008).

^[57]Mabo v Queensland (No. 2) [1992] 175 CLR 1.

^[58] R Broome, Aboriginal Australia, 2^nd Edition, (1994), p. 174.

^[59] Human Rights and Equal Opportunity Commission, Bringing Them Home education module, (2007). At http://www.humanrights.gov.au/education/bth/index.html (viewed 05 June 2008).

^[60] Human Rights and Equal Opportunity Commission, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, (1997), p. 31.

^[61] Human Rights and Equal Opportunity Commission, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, (1997), pp. 158 – 176.

^[62] Human Rights and Equal Opportunity Commission, Bringing them home: Report of the National

Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families(2007), p. 37.

^[63] R Manne, ‘In Denial: The Stolen Generations and the Right’, The Quarterly Essay, (2001), issue 1, p27.

^[64] Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Social Survey, 2002,Catalogue No. 4714.0., (2002), p. 32.

^[65] ‘Indigenous people and the vote’, Australian Electoral Commission, at: http://www.aec.gov.au/voting/indigenous_vote/aborigin.htm (viewed 29 September 2008).

^[66] ‘Indigenous people and the vote’, Australian Electoral Commission, at: http://www.aec.gov.au/voting/indigenous_vote/aborigin.htm (viewed 29 September 2008).

^[67] ‘Indigenous people and the vote’, Australian Electoral Commission, at: http://www.aec.gov.au/voting/indigenous_vote/aborigin.htm (viewed 29 September 2008).

^[68] Australian Trade Union Archives, Timeline, http://www.atua.org.au/atua_timeline.htm (viewed 26 September 2008).

^[69] M Brough (former Minister for Families, Community Services and Indigenous Affairs), National emergency response to protection children in the NT, (Media Release, 21 June 2007). At: http://www.facsia.gov.au/internet/Minister3.nsf/content/emergency_21june07.htm (viewed 25 September 2008).

^[70]Northern Territory National Emergency Response Act 2007 (Cth); Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth); Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (Cth); Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 (2007) Cth; and Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 (2007) (Cth).

^[71] In the Social Justice Report 2007 the Aboriginal and Torres Strait Islander Social Justice Commissioner found that the Intervention legislation had been improperly exempted from the Racial Discrimination Act or Northern Territory anti-discrimination legislation, and could not be deemed to be a ‘special measure‘ under the Racial Discrimination Act. In order to address these concerns, the Social Justice Report 2007 outlined a ten point action plan for amending the Intervention to make it consistent with Australia’s human rights obligations and ensure equal treatment of Indigenous children and their families before the law.

^[72] Council for Aboriginal Reconciliation, Reconciliation Information Sheet 1: Building New Relationships, 1998. Athttp://www.austlii.edu.au/au/other/IndigLRes/car/1998/1/Inf_sht1.html (viewed 26 September 2008)

^[73] K Rudd, Apology to Australia’s Indigenous Peoples, (Speech delivered at the House of Representatives, Parliament of Australia,13 February 2008). Athttp://www.pm.gov.au/media/Speech/2008/speech_0073.cfm (viewed 26 September 2008).

^[74] Human Rights and Equal Opportunity Commission, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, (1997), p 652.

^[75] Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2006, Human Rights and Equal Opportunity Commission, (2007), Chapter 3.

^[76]International Covenant on Civil and Political Rights, 1966, art 17. At https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx (viewed 26 September 2008).

^[77] National Native Title Tribunal, Native Title Determinations, http://www.nntt.gov.au/Applications-And-Determinations/Search-Determinations/Pages/Search.aspx (viewed 26 September 2008).