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This submission draws substantially on research papers by Eileen Pittaway and Linda Bartolomei which are currently pending publication. The content of this submission may not be reproduced or quoted without the written permission of these authors.

This submission to the Human Rights and Equal Opportunities Commission's Inquiry into Children in Immigration Detention Centres is the result of the work and contributions of many people.

When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government’s plan to preserve Indigenous languages through targeted actions. They are:

While feedback in relation to the legal system was actively sought throughout all of the consultations, a number of targeted consultation sessions with individuals and organisations specifically involved or engaged in the legal system were also undertaken. These included:

In June 2003, the Human Rights and Equal Opportunity Commission (HREOC) engaged the Centre for Cultural Research (CCR) at the University of Western Sydney (UWS) to investigate Australian Arabs' and Muslims' experiences of post-September 11 racism, the extent to which these experiences were going unreported and the reasons for this. The CCR team was charged with addressing the following questions:

The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human rights treaty obligations.

In the Social Justice Report 1999, my first report as Social Justice Commissioner, I identified four key themes and challenges that existed in the approach of the federal government to Indigenous policy making at the time. These were moving beyond welfare dependency, accountability, participation and reconciliation.[1] Since the release of that report approximately four years ago, the key themes and challenges facing the government have remained relatively constant.

Lateral violence is a multilayered, complex problem and because of this our strategies also need to be pitched at different levels. In Chapter 3 I have looked at the big picture, with the human rights framework as our overarching response to lateral violence. In this Chapter I will be taking our strategies to an even more practical level, looking at how we can create environments of cultural safety and security to address lateral violence.