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On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’.

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 Commission’s vision is of and for an Australian society in which the human rights of all people are respected and promoted. Our task is to find practical, pragmatic ways to turn the rhetoric of human rights into an everyday reality for all Australians and build a more tolerant and inclusive community. As this report indicates, this past year has been a period of substantial achievement as we strive towards this goal.

Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources.

The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action:

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.

You would be hard pressed to find a newspaper, television or radio station that did not make mention of Sorry Day activities and National Reconciliation events over the past week.

...the Aboriginal and Torres Strait Islander Social Justice Commissioner report on the operation of the [NTA] and its effect on the exercise and enjoyment of human rights of Aboriginal peoples and Torres Strait Islanders.

The Commission has been working closely with the Attorney-General’s Department on all aspects of the Framework. In particular, we have provided input into the development of a National Human Rights Action Plan, human rights education initiatives, improved human rights protections including greater parliamentary scrutiny, and consolidation of federal discrimination laws.

A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles.