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Background Shared Responsibility Agreements (SRAs) have been promoted as one of the key approaches to develop mutual obligation for the delivery of services over and above basic citizenship entitlements.

This appendix contains the survey form that my Office compiled and sent to all Indigenous communities and organisations that had entered into a Shared Responsibility Agreement (SRA) with the federal government by 31 December 2005. By this date 108 SRAs had been finalised, and they involved 124 communities.

At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time.

It has now been over two years since the federal government introduced new arrangements for the administration of Indigenous affairs. One of the catchcries of the new arrangements is that they are aimed at ‘harnessing the mainstream.’ This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis.

The following notes are a brief summary of the observations made by the Human Rights and Equal Opportunity Commission’s (HREOC) President, Human Rights Commissioner and staff. HREOC emphasises that these summary notes and recommendations are based solely on what we personally observed and heard from staff and detainees during our visits.

In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium Development Goals (MDGs) and the Second International Decade of the World’s Indigenous People; and iii) the further elaboration of human rights standards as they apply to indigenous peoples.

Tasneem Chopra is the current Chair of the Islamic Women’s Welfare Council of Victoria. She has been involved with this organisation since its inception over 13 years ago, and has a background in psychology, with over a decade of experience in community development. Tasneem currently works independently as a Cross Cultural Trainer and Consultant specialising in information sessions on ‘Understanding Islam and Muslims in Australia’ with a particular interest in promoting issues of social justice impacting on Muslim women.

In 2006, the Aboriginal and Torres Strait Islander Social Justice Commissioner conducted a national survey of Indigenous Australians living on Indigenous land. There were 54 survey respondents, which included traditional land owners, as well as other Indigenous Australians with interests in land and land-use. The survey questions asked Indigenous respondents to identify their aspirations for their land and to identify their capacity to earn an income from the land. The survey findings are as follows:

In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of Indigenous peoples.

In most states and territories of Australia, Indigenous Land Use Agreements (ILUAs) are negotiated on a case by case basis between the relevant parties, usually traditional owners, governments and industry groups. South Australia however, has taken a more comprehensive approach to these agreements. The South Australian Government, Indigenous traditional land owners and industry stakeholders have developed a state-wide framework that streamlines ILUA processes and reduces the resources that are required for successive negotiations.

New arrangements for the administration of Indigenous affairs (introduced as of 1 July 2004) transferred responsibility for the administration of Indigenous specific programs to mainstream government departments. The new arrangements aim to remove, or at least reduce, the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis. This objective has been called ‘harnessing the mainstream’.

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.

Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law.