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14 December 2012Book page
Social Justice Report 2001: Chapter 2: Mutual obligation, welfare reform and Indigenous participation: a human rights perspective
In recent years a mutual obligation approach has been adopted to reform public policy on welfare and employment issues. There has been much discussion about the applicability of this approach within an Indigenous policy context. It is seen by many as consistent with Indigenous cultural values such as reciprocity and an emphasis on community, as well as suggesting an antidote to the damage caused by intergenerational poverty, of which long-term welfare dependency and a crippling short-term local cash economy are often features. -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
14 December 2012Book page
Social Justice Report 1998 : Chapter 4: Government Responses to the Recommendations of Bringing Them Home
Bringing Them Home - the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (the National Inquiry) - made 54 'head' recommendations, 83 recommendations in total [1], to address what was referred to as 'the continuing devastation of the lives of Indigenous Australians'. The implementation of most recommendations requires action to be taken by the Commonwealth Government and/or State or Territory Governments. -
14 December 2012Book page
Annual Report 06-07: Chatper 3 - Monitoring Human Rights
HREOC plays a significant role in monitoring legislation and policy in Australia to assess compliance with human rights principles. This monitoring role includes: -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
14 December 2012Book page
Social Justice Report 2007 - Chapter 2: Indigenous communities dealing with family violence and abuse
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. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Report 2002
Contents Introduction Chapter 1: Recognition of native title Introduction Human Rights Standards relevant to the Recognition of Native Title Cultural Rights Equality and Non-Discrimination Relationship between equality and rights of minorities to protection of their culture Freedom of Religion and Belief Self Determination Human Rights Committee Committee on Economic, Social and Cultural Rights The Legal Recognition of Native Title The Process... -
14 December 2012Book page
Native Title Report 2005 :
Members of the National Indigenous Council (NIC) will meet with Land Councils/Native Title Representative Bodies (3 June 3005) to advance their discussions on the issues surrounding Indigenous land tenure. -
14 December 2012Book page
Social Justice Report 2003: Chapter 4: Responding to petrol sniffing on the Anangu Pitjantjatjara Lands: A case study
In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the Anangu Pitjantjatjara Lands (AP Lands). All three were found to have died as a result of inhalation of petrol fumes.[2] -
14 December 2012Book page
Native Title Report 2010: Executive Summary
It is with great pleasure that I present my second Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. I launched my first Report, the Native Title Report 2010 in February 2011. These reports are produced each year in accordance with the requirement under the Native Title Act 1993 (Cth) (Native Title Act) for me to report annually on the impact of the Native Title Act on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.[1] -
14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
14 December 2012Book page
Native Title Report 2006: Acknowledgements and Note
The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff (Fabienne Balsamo, Katie Kiss, Hamish McLeod, Jemma Hollands, Dianne Biaggini, Anna Dawson, Christina Kenny, Julia Mansour, Kirsty Champion and Darren Dick). -
14 December 2012Book page
Social Justice Report 2004 : Appendix 1: Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs, 2002 - 2004
This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. -
Legal14 December 2012Webpage
Submission to the Expert seminar on Indigenous Peoples and the administration of justice (2003)
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. HREOC is Australia’s national human rights institution established by a law of the federal Parliament and operating in compliance with the ‘Paris Principles’ for national institutions for the promotion and protection of human rights. [1] -
14 December 2012Book page
Native Title Report 2009: Chapter 1
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. -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
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. -
14 December 2012Book page
Social Justice Report 2005 : Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other Australians remains wide and has not been progressively reduced. -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling Indigenous participation in program delivery and design as key features of its approach. -
14 December 2012Book page
Appendix 1 - Chronology of events relating to the administration of Indigenous affairs, 1 July 2008 – 30 June 2009: Social Justice Report 2009
[1] Minister for Families, Housing, Community Services and Indigenous Affairs, ‘Cape York Welfare Reform Trial to begin’ (Media Release, 1 July 2008). At http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/cape_york_welfare_1jul08.htm (viewed 28 July 2008). -
14 December 2012Book page
Native Title Report 2005 : Introduction
This report is my second as the Aboriginal and Torres Strait Islander Social Justice Commissioner and marks a transition from a calendar year reporting period to a financial year to comply with s.46(1)(a) of the Human Rights and Equal Opportunity Commission Act (1986) (Cth). As the Native Title Report 2004 reported on the period January to December 2004, this report covers the period January to June 2005.