About the report and credits: Social Justice Report 2008
Read about the Social Justice Report 2008, including its scope, methodology, contributors and key human rights issues affecting Aboriginal and Torres Strait
Social Justice Report 2008
About the report and credits
About the Report
The Social Justice Report 2008 , is produced by the Aboriginal and Torres Strait Islander Social Justice Commissioner, in accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).
The focus of Social Justice Report 2008 is on human rights protections for Iindigenous peoples, remote Iindigenous education, Iindigenous healing and the progress on achieving Iindigenous health equality by 2030.
The report makes 15 recommendations to government for addressing issues in these areas and one follow-up action for the Social Justice Commissioner on a National Iindigenous Representative Body.
ISSN 1321-1129
Acknowledgements
The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the Australian Human Rights Commission staff, interns and consultants in producing this report (Alison Aggarwal, Fabienne Balsamo, Kirsten Cheatham, Darren Dick, Janet Drummond, Christopher Holland, Christina Kenny, Julia Mansour, Emilie Priday and Naama Carlin) and others who assisted and contributed: Christine Fitzgerald, Eileen Cummings, Ruth Micka, Abi White, Neil Gibson, Andrea Harms, Simon Keenan, Pamela Hepburn, and everyone who contributed to consultations undertaken for the report. This publication can be found in electronic format on the Australian Human Rights Commission's website at: www.humanrights.gov.au/social_justice/sj_report/sjreport08/ .
For further information about the Australian Human Rights Commission, please visit: www.humanrights.gov.au or email paffairs@humanrights.gov.au . You can also write to:
Social Justice Unit Australian Human Rights Commission GPO Box 5218 Sydney NSW 2001
Design and layout: JAG Designs
Printing: Paragon Australasia Group
Cover Photography
The cover photograph is the work of Pierre Pouliquin. The photo was taken in Canberra, on National Sorry Day, 25 May 2008. The Commissioner is thankful to Pierre Pouliquin for granting permission to use this photo. For other work by Pierre Pouliquin please see: www.flickr.com/photos/pierre_pouliquin/ .
The Human Rights and Equal Opportunity Commission's Bringing them home report, issued in May 1997, was the result of an inquiry into the separation of Aboriginal and Torres Strait Islander children from their families. One of the report's recommendations was for ‘a national Sorry Day (to) be celebrated each year to commemorate the history of forcible removals and its effects'. The first national Sorry Day was held on 26 May 1998 – one year after the tabling of the Bringing them home report – and has since been held annually.
The material in this publication includes views and recommendations of individual contributing authors, which do not necessarily reflect the views of the Australian Human Rights Commission or indicate its commitment to a particular course of action.
Please be aware that this publication may contain the names or images of Aboriginal and Torres Strait Islander people who may now be deceased.
Aboriginal and Torres Strait Islander Social Justice Commissioner
The position of the Aboriginal and Torres Strait Islander Social Justice Commissioner was established within the Australian Human Rights Commission in 1993 to carry out the following functions:
- Report annually on the enjoyment and exercise of human rights by Aboriginal peoples and Torres Strait Islanders, and recommend where necessary on the action that should be taken to ensure these rights are observed.
- Promote awareness and discussion of human rights in relation to Aboriginal peoples and Torres Strait Islanders.
- Undertake research and educational programs for the purposes of promoting respect for, and enjoyment and exercise of, human rights by Aboriginal peoples and Torres Strait Islanders.
- Examine and report on enactments and proposed enactments to ascertain whether or not they recognise and protect the human rights of Aboriginal peoples and Torres Strait Islanders
The Commissioner is also required, under Section 209 or the Native Title Act 1993 (Cth), to report annually on the operation of the Native Title Act and its effect on the exercise and enjoyment of human rights by Aboriginal peoples and Torres Strait Islanders.
About the Social Justice Commissioner's logo
The right section of the design is a contemporary view of traditional Dari or head-dress, a symbol of the Torres Strait Island people and culture. The head-dress suggests the visionary aspect of the Aboriginal and Torres Strait Islander Social Justice Commissioner. The dots placed in the Dari represent a brighter outlook for the future provided by the Commissioner's visions, black representing people, green representing islands and blue representing the seas surrounding the islands. The Goanna is a general symbol of the Aboriginal people.
The combination of these two symbols represents the coming together of two distinct cultures through the Aboriginal and Torres Strait Islander Commissioner and the support, strength and unity which it can provide through the pursuit of social justice and human rights. It also represents an outlook for the future of Aboriginal and Torres Strait Islander social justice expressing the hope and expectation that one day we will be treated with full respect and understanding.
© Leigh Harris
For information on the work of the Social Justice Commissioner please visit the Commission website at: http://www.humanrights.gov.au/social_justice/index.html
Note – Use of the terms ‘Aboriginal and Torres Strait
Islander peoples' and ‘Iindigenous peoples' The Aboriginal and Torres Strait Islander Social Justice Commissioner recognises the diversity of the cultures, languages, kinship structures and ways of life of Aboriginal and Torres Strait Islander peoples. There is not one cultural model that fits all Aboriginal and Torres Strait Islander peoples.
Aboriginal and Torres Strait Islander peoples retain distinct cultural identities whether they live in urban, regional or remote areas of Australia. Throughout this report, Aborigines and Torres Strait Islanders are referred to as ‘peoples'. This recognises that Aborigines and Torres Strait Islanders have a collective, rather than purely individual, dimension to their livelihoods.
Throughout this report, Aboriginal and Torres Strait Islander peoples are also referred to as ‘Iindigenous peoples'.
The use of the term ‘Iindigenous' has evolved through international law. It acknowledges a particular relationship of Aboriginal people to the territory from which they originate. The United Nations High Commissioner for Human Rights has explained the basis for recognising this relationship as follows:
Iindigenous or aboriginal peoples are so-called because they were living on their lands before settlers came from elsewhere; they are the descendants – according to one definition – of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived, the new arrivals later becoming dominant through conquest, occupation, settlement or other means… (I)indigenous peoples have retained social, cultural, economic and political characteristics which are clearly distinct from those of the other segments of the national populations.
Throughout human history, whenever dominant neighbouring peoples have expanded their territories or settlers from far away have acquired new lands by force, the cultures and livelihoods – even the existence – of iindigenous peoples have been endangered. The threats to iindigenous peoples' cultures and lands, to their status and other legal rights as distinct groups and as citizens, do not always take the same forms as in previous times. Although some groups have been relatively successful, in most part of the world iindigenous peoples are actively seeking recognition of their identities and ways of life. 1
The Social Justice Commissioner acknowledges that there are differing usages of the terms ‘Aboriginal and Torres Strait Islander', ‘Aboriginal' and ‘iindigenous' within government policies and documents. When referring to a government document or policy, we have maintained the government's language to ensure consistency.
1 United Nations High Commissioner for Human Rights, Fact sheet No.9 (Rev.1), The Rights of Iindigenous Peoples (1997). At: www.unhchr.ch/html/menu6/2/fs9.htm (viewed 8 December 2008).