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In my role as Aboriginal and Torres Strait Islander Social Justice Commissioner I am required to produce two annual reports on Indigenous human rights issues – the Social Justice Report and the Native Title Report.

We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place...

This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development.

Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous cultures.

The President of HREOC is responsible for the investigation and conciliation of complaints lodged under federal anti-discrimination and human rights law. Staff of HREOC’s Complaint Handling Section (CHS) assist the President to investigate and resolve complaints. The CHS also provides information to the public about the law and the complaint process through the Complaint Information Service and a range of community education and training activities.

The Complaint Handling Section had a productive year investigating and conciliating complaints of alleged discrimination and human rights breaches; providing information to the public about federal anti-discrimination and human rights law through its Complaint Information Service and community education and liaison program; and providing complaint investigation and resolution skills training to state equal opportunity, anti-discrimination authorities, other Australian Public Service agencies and private companies.

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]

These notes summarise three separate consultations attended by a total of 34 staff of the NSW Department of Education and Training. The staff consisted of Anti-Racism Contact Officers, Community Information Officers and primary and secondary teachers. The meetings were organised by the Department and facilitated by Omeima Sukkarieh and attended by Meredith Wilkie or Edwina Rankin from HREOC.

This consultation was held in collaboration with the Office for Multicultural Interests, the Ethnic Communities Council Women's Sub-Committee, the Al-Hidayah Islamic School, the Somali community, Dar Al Shifah, the Muslim Women's Support Centre and the Australian Islamic College.

The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework.

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.

On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders.