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a) A minimalist response to symbolic issues b) The perceived divisiveness of self-determination c) An emphasis on perceived areas of agreement d) Misrepresenting progress towards practical reconciliation

I have spent a lot of time this past year convincing people from all walks of life that the challenges facing Indigenous peoples in this country are not insurmountable.

The Aboriginal and Torres Strait Islander Commission (ATSIC) was established in 1990 by the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth). The Act made provisions for the establishment of 35 representative Regional Councils on behalf of Aboriginal and Torres Strait Islander communities in Australia.

Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other Australians remains wide and has not been progressively reduced.

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.

Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities.

In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the Anangu Pitjantjatjara Lands (AP Lands). All three were found to have died as a result of inhalation of petrol fumes.[2]

This is the third successive Social Justice Report to report on the implementation of the new arrangements for Indigenous affairs at the federal government level. The past two Social Justice Reports have emphasised the importance of governments ensuring the effective participation of Indigenous peoples in decision making that affects our lives. This includes the development of policy, program delivery and monitoring by governments at the national, as well as state, regional and local levels.

Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that:

I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine

To develop a nationwide picture of existing government initiatives that address family violence, the Social Justice Commissioner sent correspondence to all State, Territory and relevant Australian government departments[1] requesting information on their policies and programs during the period 2006-2007.

[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous education, Media Release, 7 July 2006, available online at: http://www.dest.gov.au/Ministers/Media/Bishop/2006/07/B001070706.asp, accessed 24 January 2008.

It is with great pleasure that I present my first Social Justice Report (the Report) as the Aboriginal and Torres Strait Islander Social Justice Commissioner, having commenced my five-year term on 1 February 2010.

Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one.