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When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government’s plan to preserve Indigenous languages through targeted actions. They are:

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

A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901.

This background paper is a compilation of work conducted by the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, within the Human Rights and Equal Opportunity Commission1 (HREOC), which examines engagement between Indigenous peoples and governments in the areas of social policy development and native title.

The new arrangements for Indigenous affairs have been put in place to ultimately improve the lives of Aboriginal and Torres Strait Islander communities. However, the fundamentals required to make the new arrangements work have yet to be properly established. While governments are waiting to hear from communities about their needs and entering into agreements with communities at a growing rate, some basic principles have yet to be implemented.

This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes that governments must engage in to progress meaningful reconciliation in the coming years.

Chittagong Hill Tracts (CHT), southeastern part of Bangladesh from time immemorial have been home to eleven indigenous ethnic peoples. They collectively identify themselves as the Jumma people (High Landers), the first people of the CHT. They are the Bawm, Chak, Chakma, Khumi, Khyang, Lushai, Marma, Mro, Pangkhua, Tanchangya and Tripura. The Jumma people are distinct and different from the majority Bengali people of Bangladesh in respect of race, language, culture and religion.

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

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.

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.

As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution.

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

This will be how we assess the success or otherwise of the reconciliation process in years to come. The reconciliation process has the potential to be as significant, and difficult, as the process that led to the joining together of the states into one indissoluble federation in 1901. It challenges us to adapt the structures of society in ways that ensure that first nation peoples can participate fully, be welcomed and have our cultures respected. Integral to this process is an acknowledgement of the wrongs of the past and an acceptance of the need for a restructured relationship.

Prior should imply consent has been sought sufficiently in advance of any authorization or commencement of activities and respect time requirements of indigenous consultation/consensus processes;

back to contents Chapter 5: Addressing family violence in Indigenous communities There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address its impact. The intensive scrutiny and public awareness of this issue has not, however, led to sufficient commitments of resources and effort to date.

This week's conference could not happen at a more opportune time. While we discuss ways to engage Indigenous communities, as we listen to that ways government can engage with its citizens, a radical change is occurring in the way the Australian government and Indigenous Australians engage.