Indigenous Affairs in Australia – post the Apology Tom Calma Aboriginal and Torres Strait Islander Social Justice Commissioner and Race Discrimination Commissioner Australian Human Rights Australian Human Rights and Equal Opportunity Commission

Until we fully confront that truth, there will always be a shadow hanging over us and our future as a fully united and fully reconciled people. It is time to reconcile. It is time to recognise the injustices of the past. It is time to say sorry… To the stolen generations, I say the following: as Prime Minister of Australia, I am sorry. On behalf of the government of Australia, I am sorry. On behalf of the parliament of Australia, I am sorry. I offer you this apology without qualification. We apologise for the hurt, the pain and suffering that we, the parliament, have caused you by the laws that previous parliaments have enacted. We apologise for the indignity, the degradation and the humiliation these laws embodied…. Our challenge for the future is to embrace a new partnership between Indigenous and non-Indigenous Australians. The core of this partnership for the future is closing the gap between Indigenous and non-Indigenous Australians on life expectancy, educational achievement and employment opportunities. Prime Minister Kevin Rudd Apology to Australia’s Indigenous Peoples 13 February 2008

Equality in Indigenous health and life expectation within 25 years Targets: Health status equality within 25 Years Health status equality within 25 Years Equality of opportunity in 10 years Equality of opportunity in 10 years –Primary health care –Health infrastructure –Indigenous health workforce workforce

Close the Gap Campaign Achieving Aboriginal and Torres Strait Islander health equality within a generation – A human rights based approach

National Health Equality Summit – Statement of Intent The Statement of Intent commits to: Develop a comprehensive, long-term plan of action, that is targeted to need, evidence-based and capable of addressing the existing inequities in health services, in order to achieve equality of health status and life expectancy between Aboriginal and Torres Strait Islander peoples and non- Indigenous Australians by Develop a comprehensive, long-term plan of action, that is targeted to need, evidence-based and capable of addressing the existing inequities in health services, in order to achieve equality of health status and life expectancy between Aboriginal and Torres Strait Islander peoples and non- Indigenous Australians by Ensure the full participation of Aboriginal and Torres Strait Islander peoples and their representative bodies in all aspects of addressing their health needs. Ensure the full participation of Aboriginal and Torres Strait Islander peoples and their representative bodies in all aspects of addressing their health needs. Build on the evidence base and supporting what works. Build on the evidence base and supporting what works. Respect and promote the rights of Aboriginal and Torres Strait Islander peoples; And Respect and promote the rights of Aboriginal and Torres Strait Islander peoples; And Measure, monitor, and report on our joint efforts, in accordance with benchmarks and targets, to ensure that we are progressively realising our shared ambitions. Measure, monitor, and report on our joint efforts, in accordance with benchmarks and targets, to ensure that we are progressively realising our shared ambitions.

Council of Australian Governments COAG agreed to: A partnership between all levels of government to work with Indigenous communities to achieve the target of closing the gap on Indigenous disadvantage including: A partnership between all levels of government to work with Indigenous communities to achieve the target of closing the gap on Indigenous disadvantage including: –closing the life expectancy gap within a generation; –halving the mortality gap for children under five within a decade; & –halving the gap in reading, writing and numeracy within a decade. –recognising the pathway to closing the gap is inextricably linked to economic development and improved education outcomes. –establishing a Working Group on Indigenous Reform

Health Equality Targets Partnership Targets – to lock into place a collaborative approach to Indigenous health; Partnership Targets – to lock into place a collaborative approach to Indigenous health; Health Status Targets - Targets that focus on specific priority areas of child and maternal health, chronic disease and mental health and emotional and social wellbeing; Health Status Targets - Targets that focus on specific priority areas of child and maternal health, chronic disease and mental health and emotional and social wellbeing; Primary Health Care and other Health Services Targets; and Primary Health Care and other Health Services Targets; and Infrastructure Targets. Infrastructure Targets.

Northern Territory Intervention Action 1: Restore all rights to procedural fairness and external merits review; Action 2: Reinstate protections against racial discrimination; Action 3: Amend or remove the provisions that declare that the legislation constitutes a ‘special measure’; Action 4: Reinstate protections against discrimination in the Northern Territory and Queensland; Action 5: Require consent to be obtained in the management of Indigenous property and confirm the guarantee of just terms compensation;

Northern Territory Intervention Action 6: Reinstate the CDEP Program and review the operation of the income management scheme so that it is consistent with human rights; Action 7: Review the operation and effectiveness of the alcohol management schemes; Action 8: Ensure the effective participation of Indigenous peoples in all aspects of the intervention; Action 9: Set a timetable for the transition from an ‘emergency‘ intervention to a community development plan; Action 10: Ensure stringent monitoring and review processes.

Blue Mud Bay Case Traditional Owners have the right to exclude commercial and recreational fishers from tidal waters within the Blue Mud Bay, in northeast Arnhem Land Traditional Owners have the right to exclude commercial and recreational fishers from tidal waters within the Blue Mud Bay, in northeast Arnhem Land Fishing licences merely regulate the specific activity of fishing but do not authorise entry to any particular area. Fishing licences merely regulate the specific activity of fishing but do not authorise entry to any particular area. Common law notion of a public right to fish has been abrogated by the Northern Territory's fisheries legislation Common law notion of a public right to fish has been abrogated by the Northern Territory's fisheries legislation Northern Territory of Australia v Arnhem Land Aboriginal Land Trust

New National Indigenous Representative Body The Barunga Statement (June 1988) “We call on the Commonwealth to pass laws providing: A national elected Aboriginal and Islander organisation to oversee Aboriginal and Islander affairs;” Minister for Indigenous Affairs (May 2008) “The Government went to the election with a commitment to set up a national representative body to provide an Aboriginal and Torres Strait Islander voice within government. We will soon begin formal discussions with Indigenous people about the role, status and composition of this body.” HREOC Issues Paper, 2008 What are the lessons learned from other Indigenous representative mechanisms that currently exist, or have previously existed, in Australia and overseas. Issues to consider: - the guiding principles - role and functions - structure and membership - relationship with governments and parliaments, and - funding

UN Declaration on the Rights of Indigenous Peoples Adopted by the General Assembly on 13 September 2007 Adopted by the General Assembly on 13 September 2007 Recognises human rights and fundamental freedoms of indigenous peoples including: Recognises human rights and fundamental freedoms of indigenous peoples including: –right to unrestricted self-determination –inalienable collective right to the ownership, use and control of lands, territories and other natural resources, –prior and informed consultation, participation and consent –fair and adequate compensation –guarantees against ethnocide and genocide.

The importance of hope From self respect comes dignity and from dignity comes hope

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