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The international human rights norms against which practices of racism and discrimination against Indigenous people must be judged are the guarantees of equality before the law and racial non-discrimination. These norms are recognised in every major international human rights treaty, convention and declaration. They are recognised and protected in the following instruments to which Australia is a party.

I believe sexual harassment in the workplace is still very prevalent but its victims remain silent. Most women have experienced some form of harassment in their jobs. However most women will refuse to report it or speak out against their bosses for fear of retribution. I have just been through [six] years of trying to seek some justice in my male dominated place of work. The sexual harassment that I was subjected to was nothing compared to the victimisation that took place after I rejected my boss and eventually complained about him to higher management.

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.

When we look at the many issues that face Aboriginal and Torres Strait Islander communities, it is easy to get paralysed by their complexity, entrenched nature and the sheer size of the challenge. But as an optimist, I believe that there is a lot that we can do to address these problems. There are many different tools available to suit the varying circumstances that face our diverse communities. Lateral violence is no different.

Background and Purpose Disability Statistics DDA Telecommunications Complaints Technology and Service Access Fixed Line Telephony Cellular Mobile Telephony Internet Connectivity Next Generation Networks Policy and Regulation Telecommunications Act 1997 TCPSS Act 1999 Disability Discrimination Act Consumer Representation and Consultation Major Issues for People with disabilities Disability Equipment Programs Any-to-any Text Connectivity Telecommunications Disability Standard Mobile Phones Videocommunication Payphones Overseas Developments Conclusion

That's why I wanted the files brought down, so I could actually read it and find out why I was taken away and why these three here [siblings] were taken by [our] auntie ... Why didn't she take the lot of us instead of leaving two there? ... I'd like to get the files there and see why did these ones here go to the auntie and the other ones were fostered. Confidential evidence 161, Victoria.

Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions

In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers within the Aboriginal community.

Seventy-two Prescribed Bodies Corporate (PBCs) have been registered as Registered Native Title Bodies Corporate to either hold native title rights on trust for, or to act as the agent of, native title holders.[3]

Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA

The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate place within the international community. The results, while incomplete, have been nothing short of extraordinary.

All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law.

The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the consistency of the government's response to the recommendations with the reconciliation process and the aspirations and needs of members of the stolen generations.

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land.

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.

HRC Report No. 13 Copyright © Commonwealth of Australia 2001 Copying is permissible with acknowledgment of the authorship of the Human Rights and Equal Opportunity Commission, Sydney, 2001.

The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner.

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