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Our aim is to make this a reality. To that end we strive to build understanding in the Australian community about what human rights are and their relevance for everyday life. We have made good progress on our journey, but we know we have more work to do.

As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution.

This appendix summarises the main findings from research and consultations conducted by the Human Rights and Equal Opportunity Commission between 2001 and 2006 that relate to family violence and abuse in Indigenous communities. The summary has also been published in a more detailed research paper prepared by the Social Justice Commissioner in 2006 entitled Ending family violence and abuse in Aboriginal and Torres Strait islander communities: Key issues.[1]

This provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. For further detail on each of the events please refer to Appendix One.

The Indigenous Land Use Agreement (ILUA) and Argyle Management Plan Agreement (AMPA) together are arguably the most comprehensive arrangements ever made between a resource company and traditional owners negotiated in Australia. They are the result of one of the most comprehensive agreement processes undertaken with traditional owners.

The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place.

In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium Development Goals (MDGs) and the Second International Decade of the World’s Indigenous People; and iii) the further elaboration of human rights standards as they apply to indigenous peoples.

It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence.

In my role as Aboriginal and Torres Strait Islander Social Justice Commissioner I am required to produce two annual reports on Indigenous human rights issues – the Social Justice Report and the Native Title Report.

I recently had the opportunity to address participants in the ALGA National Local Roads and Transport Congress on the role of local government in responding to the mobility and access needs of people with a disability.

It is with great pleasure that I present my second Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. I launched my first Report, the Native Title Report 2010 in February 2011. These reports are produced each year in accordance with the requirement under the Native Title Act 1993 (Cth) (Native Title Act) for me to report annually on the impact of the Native Title Act on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.[1]

This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It also seeks to assist governments to help us confront this problem by reinforcing these structures through legislation and policy.