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International Review of Indigenous issues in 2000: Australia

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1. Introduction

The issue of Indigenous
people and racism is among the most complex and divisive in Australia
today. The source of this complexity and division is to be found in the
history of race relations in Australia, which commenced with the illegitimate
acquisition of sovereignty in 1788 under the auspices of the doctrine
of terra nullius. Over successive generations policies and practices have
aimed to eliminate Indigenous people, to 'smooth the pillow' of what was
seen as a dying race, and later to assimilate Indigenous people within
the white culture. It has only been since the 1960's that Indigenous people
have been allowed to participate in mainstream society on an equal footing
and access full citizenship rights including the right to vote, improved
access to healthcare, education and welfare and so forth). This discriminatory
history now results in Indigenous people experiencing disadvantage against
all indicators of socio-economic well-being. This disadvantage is profound,
and due to factors such as the extremely young age structure of the Indigenous
population, seems likely to continue for some time yet.

The past ten years
has seen a greater acknowledgement of this situation, including:

• the recognition
  in the 1992 Mabo decision (Mabo v Queensland (No.2) (1992) 175 CLR 1)
  that Indigenous people owned this land prior to 1788, and may have continuing
  rights to land and waters (native title);
• the findings of
  the Royal Commission into Aboriginal Deaths in Custody, which highlighted
  the relationship between Indigenous disadvantage and over-representation
  in the criminal justice system, and the role of historical treatment
  of Indigenous people in creating this situation;
• the findings of
  the National Inquiry into the Separation of Aboriginal and Torres Strait
  Islander ºÚÁÏÇ鱨վ From their Families, which considered policies of
  forcible removal of Indigenous children from their families between
  1910 and 1970; and
• the establishment
  in 1991 of the Council for Aboriginal Reconciliation - a Council of
  prominent leaders across all walks of Australian life to promote better
  relations between Indigenous and non-Indigenous people, and to consider
  whether a document of reconciliation would assist in the process. The
  Council handed its final report to Parliament at the end of 2000.

In the past five
years there has also been a strong counter-movement to these changes,
which has found expression in the rise of Pauline Hanson's One Nation
Party. This party has run on a xenophobic and race-based platform, particularly
focusing on Indigenous issues - for example, the belief that Indigenous
people get 'special treatment' through such measures as recognition of
land rights and government program funding etc. This counter-movement
has highlighted the division in the Australian community about Indigenous
issues, in particular, in regard to the level of support for the recognition
of Indigenous rights. For instance, views that Indigenous rights are 'separate'
rights and confer additional benefits on Indigenous people remain prominent
and are occasionally advocated by the federal government in their policies.

The sensitivity of
these issues is demonstrated by the Government's reaction to the recent
international scrutiny of Australia before three United Nations human
rights treaty committees, under the periodic reporting requirements. An
'early warning / urgent action' procedure was also invoked by the Committee
on the Elimination of Racial Discrimination in 1998 over concerns at inconsistencies
between amendments to the native title legislation and Australia's obligations
under CERD. Australia has come in for much criticism of Indigenous affairs
policies by the UN committees, and has responded aggressively through
attacks on the treaty system.

This paper seeks
to provide an overview of some of the key issues concerning Indigenous
Peoples and discrimination in Australia and a summary of the response
of UN human rights treaty committees to these issues.

Last updated 7 October 2003.