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This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission.[1] The inquiry related to a complaint by Amnesty International Australia (Amnesty) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department).

Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships:

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.

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.

The Australian Human Rights Commission visited the immigration detention facility in Leonora, Western Australia from 23 to 26 November 2010. This statement contains a brief overview of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time.

Dear Attorney I attach my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Toro-Martinez. I have found that the acts and practices of the Commonwealth breached Mr Toro-Martinez’s right not to be subject to arbitrary detention and his right to protection of and freedom from arbitrary interference with his family. These fundamental human rights are protected by articles 9(1), 17(1) and 23(1) of the International Covenant on Civil and Political Rights.

On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals and to protect children in particular. Even where individual cases have been made public elsewhere, individual's names should not be named in this hearing.

a) Do Indigenous peoples have a right to self-determination? b) What is Indigenous self-determination? c) Summary - Defining Indigenous self-determination

“The discussion about a new National Representative Body is about our place at the table in making the decisions that impact on our communities, on our men, our women and our children.

The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need as a wide range of cultural and religious opportunities are readily accessible and this remains a key factor in the maintenance of our multicultural society.

Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2]

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.

Part 1: What are the new arrangements for the administration of Indigenous affairs?

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.

DR OZDOWSKI: It is 9.30 so we will start another day off, formal hearings. My name is Dr Sev Ozdowski and I'm the Human Rights Commissioner. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and to my left Mrs Robin Sullivan, Queensland's Children's Commissioner. Both of them do assist me with the Inquiry as Assistant Commissioners. Also, on my left Ms Vanessa Lesnie who is Secretary to the Inquiry.

I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

The landscape of the Murray-Darling Basin (MDB) is under severe ecological stress. Issues such as salinity, poor water quality, stressed forests, dried wetlands, threatened native species, feral animals and noxious weeds are commonplace within the MDB. The reasons for this dramatic decline in river health are caused by water mismanagement including reversal of natural flow cycles and over allocation of water licences. Generations of bad farm practices such as deforestation have also played a major role in the ecological disaster that is the MDB.[1]