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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.

Indigenous health - Programs for addressing Indigenous health reveal the problem of a lack of implementation of human rights. The National Aboriginal Health Strategy (1989) and the current National Strategic Framework for Aboriginal and Torres Strait Islander Health have been agreed by the Commonwealth with States and Territories. Both documents identify, from a human rights perspective, the key issues that must be addressed to improve Indigenous health and yet they have made very little difference to the problem (pp5-6).

A central function of the Human Rights and Equal Opportunity Commission is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.

As the Aboriginal and Torres Strait Islander Social Justice Commissioner, one of my primary responsibilities is to report annually on the impact of the Native Title Act 1993 (Cth) on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.[1] I fulfil this responsibility by producing the annual Native Title Report.

In November 2007, Australia elected a new federal government. With the new government came new policies aimed at improving Aboriginal’s and Torres Strait Islander’s social and economic situation. In the new government’s National Platform and Constitution[1], the Australian Labor Party stated that it:

Explore a report prepared for the Aboriginal and Torres Strait Islander Commission into the deaths in custody of Indigenous juveniles.

The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'.

The past year has delivered some significant and promising new developments in indigenous affairs. the national apology to the stolen generations and the government’s commitment to the Statement of Intent to Close the Gap in health inequality both demonstrate a growing determination to face the challenges that confront Indigenous australians. i am pleased to say that hreoC has had a part in these developments and continues to drive change for the benefit of Indigenous people.

In accordance with the functions set out in section 46C(1) (a) of the Australian Human Rights Commission Act 1986 (Cth), this report includes 4 recommendations on justice reinvestment to reduce Indigenous over-representation in the criminal justice system, 7 recommendations for the protection of Indigenous languages and 1 recommendation for sustaining Aboriginal homeland communities.

Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.