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This appendix provides a summary of the Council of Australian Governments (COAG) whole-of-government community trials initiative and its implementation in each state and territory. [1]

This appendix contains an extract from the findings of Coroner Chivell in the inquests of the South Australian Coroner's Court into the deaths of three Anangu on the Anangu Pitjantjatjara Lands between 1999-2001.[1] The full findings of the Coroner can be accessed online at the following address:http://www.courts.sa.gov.au/ courts/coroner/findings/findings_2002/kunmanara_ken.finding.htm

The Commission has prepared a number of Summary Sheets which provide a brief overview of issues covered by the Social Justice Report 2003. Click on the links below to access:

This year's Report discusses a large number of initiatives currently underway or in development at the federal, state and territory levels in relation to policy making in Aboriginal and Torres Strait Islander Affairs. It notes for example the following positive developments in Indigenous policy:

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

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

4. Research relevant to benchmarking 5. The Commonwealth Grants Commission Report on Indigenous Funding 6. Australian Bureau of Statistics 7. Initiatives at the inter-governmental level related to benchmarking 8. The Steering Committee framework for reporting on Indigenous disadvantage 9. Governance and capacity building 10. Developments at State and Territory level

This appendix contains an overview of the main framework agreements and partnerships made between Indigenous representative organisations, the Aboriginal and Torres Strait Islander Commission, and state or territory governments.[1]

This document is intended to provide a brief overview of the main findings of the Social Justice Report 2002. See the executive summary of the report for a more detailed description of the reports findings.

1. Ten Years on from the Royal Commission into Aboriginal Deaths in Custody 2. Mutual Obligation, Welfare Reform and Indigenous Participation: A Human Rights Perspective

The report is provided in accordance with section 46C of the Human Rights and Equal Opportunity Commission Act 1986, which provides that the Aboriginal and Torres Strait Islander Social Justice Commissioner is to submit a report regarding the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders, and including recommendations as to the action that should be taken to ensure the exercise and enjoyment of human rights by those persons.

In submitting this report I am required to make any recommendations as to actions that should be taken by governments to improve the recognition of the human rights of Indigenous people.[1] This year’s report contains 12 recommendations, which are reproduced here and discussed further in the relevant chapters.

The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country.

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.

Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that:

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]

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.

In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly, I undertook to provide an annual evaluation of progress towards reconciliation as part of the social justice report.

The past year has been one of great contrasts. On the one hand, we have experienced the apparent harmony and healing of the walk across the Sydney Harbour Bridge and similar walks in other states and on the other hand, the national outpourings of grief and anger at the death of a 15-year-old boy in custody in Don Dale Detention Centre in Darwin in February.

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.