Social Justice Report 2003: Chapter 1: Introduction
Social Justice Report 2003
Chapter 1: Introduction
This is my fifth Social Justice Report as Aboriginal and Torres Strait Islander Social Justice Commissioner.
  In the course of this report I look back at developments over the past
  five years to ascertain the extent to which we are moving towards achieving
  long term, sustainable improvements in the situation of Aborigines and
  Torres Strait Islanders and the extent to which government policy making
  and program delivery is inhibiting such improvement. 
As I have prepared this report, I have had
  a number of questions in mind such as, when we look at the current approaches
  and priorities of governments to Indigenous policies and programs, what
  is working well? What is not? Where are we making progress? Where are
  we going backwards? And ultimately, what needs to be done? 
In addressing these questions, I have not
  sought to provide a comprehensive overview of every area of life of Indigenous
  peoples and of governmental activity. Not only is such a review beyond
  the scope of the resources available to me, but we already have a number
  of processes in place which provide us with partial answers to these questions. 
In 2003, we have had the release of 2001
  Census data and various analyses of that which provides a clear picture
  of the level of progress in improving the material conditions of Indigenous
  peoples' lives. We also had the first report of the Steering Committee
  on the Provision of Government Services on overcoming Indigenous disadvantage,
  which has drawn this and other statistical information together within
  an integrated, multi-dimensional framework. Other significant processes
  included the annual report on government services (or 'Blue Book') by
  the Productivity Commission, which provided an overview of expenditure
  and programs for Indigenous peoples; and the report of the Senate Legal
  and Constitutional References Committee on national progress towards reconciliation. 
Instead, I have approached these questions
  in three ways. First, I have provided an overview of key developments
  in relation to Indigenous well-being and socio-economic status based on
  recently released data, including the 2001 Census. 
Second, I have approached the issue thematically
  by examining progress in relation to the following key themes: accountability
  (including monitoring and evaluation frameworks, benchmarking and measuring
  progress within a human rights framework), participation (including representation
  of Indigenous peoples in decision making and service delivery, and the
  role of ATSIC), moving beyond welfare dependency (including sustainable
  development and capacity building), and reconciliation. 
Third, I have examined some critical issues
  that raise significant challenges for governments in the short, medium
  and long terms, such as the responsiveness of governments to specific,
  urgent issues relating to family violence and petrol sniffing.
Overall, this report concludes that there
  are a number of recent initiatives which are moving us in the right direction,
  as well as small gains being made in some areas. Of particular note are
  recent developments in implementing the Council of Australian Government's
  commitments to reconciliation through the finalisation and first release
  of the national indicators on overcoming Indigenous disadvantage and the
  whole of government community trials. 
There is also a lot of talk from governments
  about the need to change the way they interact with and provide services
  to Indigenous peoples and communities. There is a level of optimism created
  by the determined words of senior government members to pursue a changed
  approach, particularly through their efforts in the eight Council of Australian
  Governments whole-of-government community trial sites. 
Processes for moving towards such change
  are, however, still in the preliminary stage and action or results are
  yet to be achieved. Developments over the coming year in relation to support
  for capacity building, corporate governance reform of Indigenous organisations
  and reform to ATSIC will be critical issues in this regard. 
What is not yet entirely clear is whether
  the emphasis of governments is on doing better exactly what they
  do now or whether it involves a more radical transformation of the relationship,
  with governments instead attempting to do what they currently do differently. 
This optimism that there might be change
  in the air is accompanied, however, by a level of uncertainty for Indigenous
  peoples. This uncertainty relates in large part to the upheaval that has
  centred on the role of the Aboriginal and Torres Strait Islander Commission
  (ATSIC) over the past year. 
During the year, the federal government
  has issued directions to ATSIC aimed at preventing conflicts of interest
  in funding decisions by ATSIC's elected officials, and from 1 July 2003
  stripped ATSIC of over $1 billion in funding through the creation of a
  new executive agency to manage ATSIC's programs. The newly created Aboriginal
  and Torres Strait Islander Services (ATSIS) was declared by the Minister
  to be an 'interim' measure pending the outcomes of the review of ATSIC
  announced in 2002 by the Minister. The ATSIC Review Team produced a discussion
  paper in June 2003 expressing significant concerns about the way ATSIC
  currently operates and in November 2003 released a final report with recommendations
  for reform. In between these events, the Minister took the first steps
  towards suspending the elected Chairman of ATSIC. 
Addressing this uncertainty, principally
  through renewing the role of ATSIC, is a critical issue that is dealt
  with at length in this report. It is a central feature of an agenda for
  change in Indigenous policy. 
These developments are also accompanied
  by serious concerns that the pace of progress, where it exists, is too
  slow and may not necessarily be sustainable into long term. The release
  of Census data from 2001 shows that such progress is in fact minimal.
  Overall, it is difficult to see any progressive trend towards reducing
  the level of inequality experienced by Indigenous peoples compared to
  non-Indigenous people (even in areas where there might have been some
  marginal improvement in absolute terms).
There is an overwhelming sense that the
  crisis situation that Indigenous peoples face is highly likely to worsen
  substantially over the next decade due to the faster growth rate of the
  Indigenous population (in other words, that government programs will not
  be able to keep up with the growth of the Indigenous population with the
  result that it will become increasingly difficult to maintain the status
  quo or prevent a further deterioration in key areas of well-being). The
  absence of a clear accountability framework for governments, including
  benchmarks and targets, is a matter of great urgency in addressing this
  situation. 
Consequently, rather than having an overwhelming
  sense of optimism that there is a consistent forward trend in addressing
  Indigenous disadvantage and well-being, I feel apprehensive that the genuine
  efforts being made by governments at this time may not be sufficient to
  overcome the significant legacy of Indigenous disadvantage and marginalisation.
For a range of reasons that are outlined
  in this report, there is not sufficient commitment by governments at any
  level to do whatever it takes to progressively improve the life chances
  and opportunities for Indigenous people, in terms of both absolute improvement
  in socio-economic conditions and in terms of reducing the level of inequality
  that exists compared to the life chances and opportunities for non-Indigenous
  Australians. I am encouraged that there is recognition by government of
  the scope of the issues faced, within the confines of practical reconciliation,
  and some significant movement towards addressing these problems. But ultimately,
  we are not progressing as well as we can or as well as we need to. This
  needs to change.
Structure of this report
This report is divided into five chapters and three appendices.
Chapters two and three of the report provide
  an overview of developments in relation to key themes in Indigenous policy.
  They consider current progress in addressing a range of issues in relation
  to reconciliation, accountability, participation and moving beyond welfare
  dependency. It considers the adequacy of the structures and processes
  that have been put into place at the national level to progress programs
  and services to Indigenous peoples. 
Chapter two focuses on
developments relating to reconciliation and ensuring accountability
of government for their responsibilities. It considers progress in addressing
Indigenous disadvantage within the confines of practical reconciliation;
and COAG initiatives such as the reporting framework on Indigenous disadvantage,
benchmarking and actions plans by Ministerial Councils, and the whole-of-government
community trials initiative.Chapter three then focuses
on processes relating to Indigenous participation in decision-making
and changing the relationship of Indigenous peoples to government. It
focuses on developments relating to capacity building and governance
reform; ATSIC's proposed integrated framework for capacity building
and sustainable development; and the reform of ATSIC.
Chapter's four to six of the report then
  analyse current progress by governments in addressing three critical issues
  relating to Indigenous peoples. 
Chapter four looks at
the response of the federal and South Australian governments to the
recommendations of the South Australian Coroner following the deaths
of three young Anunga men from petrol sniffing on the Anunga Pitjantjatjara
Lands (AP Lands) between 1999-2001. Petrol sniffing has reached endemic
proportions on the AP Lands and is not susceptible to short term or
quick fix solutions. This chapter examines progress in addressing petrol
sniffing issues within the context of the COAG whole of government community
trial on the AP Lands.While acknowledging that there are deeply
entrenched problems relating to petrol sniffing and service delivery
in general on the AP Lands, it is essential that governments are able
to respond to an issue of such destructive impact in a timely manner.
This chapter raises significant concerns about the ability of governments
to do so.Chapter five then examines
the responses of governments to issues of family violence in Indigenous
communities. Despite considerable attention to this issue in public
debate in recent years, commitments and programs to address it are still
minimal and limited in scope. This chapter reviews the current approach
of governments to addressing family violence issues and alternative
strategies that they could adopt to be more effective.
The report also contains three appendices.
Appendix One provides
a statistical overview of the current circumstances of the Aboriginal
and Torres Strait Islander populations in Australians. Where possible
it shows progress over the past five and ten year periods, comparisons
to the situation of non-Indigenous Australians and international comparisons
with so-called 'third world' countries and to Indigenous peoples in
other countries.Appendix Two then provides
a detailed overview of the structure of the eight Council of Australian
Government whole-of-government community trials and current progress
in each trial site.Appendix Three contains
an extract from the findings of the South Australian Coroner in the
inquests into three deaths on the AP Lands from petrol sniffing. The
appendix includes the executive summary of the Coroner's findings, as
well as his comments about compliance with the Royal Commission into
Aboriginal Deaths in Custody and the recommendations of the Inquests.
The report also contains a number of recommendations
  for addressing concerns raised throughout the report. These recommendations
  are reproduced in full at the front of this report, and are also contained
  at the relevant sections of each chapter of the report. 
Postscript - An annual progress report on reconciliation
In the Social Justice Report 2000,  I committed to providing a national progress report on reconciliation
  within the annual Social Justice Report. This was in response
  to a proposal of the Council for Aboriginal Reconciliation in draft legislation
  for promoting reconciliation that was contained in their final report
  to Parliament. Each subsequent Social Justice Report has contained
  such a national progress report. 
In 2003, the Senate Legal and Constitutional
  References Committee concluded their inquiry into national progress towards
  reconciliation. The inquiry considered the adequacy of the response of
  the federal government to the recommendations of the Council for Aboriginal
  Reconciliation as well as to the recommendations on reconciliation in
  the Social Justice Report 2000 and Social Justice Report
    2001. 
In the course of the inquiry, the Committee
  considered mechanisms for improving accountability for reconciliation.
  The Committee stated that 'progress towards reconciliation would be greatly
  improved if an independent body scrutinised that progress on an ongoing
  basis' [1]. The
  Committee noted the proposal of the Council for Aboriginal Reconciliation
  that the Social Justice Commissioner report annually on reconciliation
  and endorsed this proposal as follows: 
Recommendation 7: The
Committee recommends that the Aboriginal and Torres Strait Islander
Social Justice Commissioner be required by statute to report publicly
on progress towards reconciliation (as proposed by clause 10 of the
Reconciliation Bill).
Recommendation 9: The
Committee recommends that the Government should be required by statute
to respond to the reports of the Aboriginal and Torres Strait Islander
Social Justice Commissioner ... [2]
They argued:
While the Social Justice Commissioner
already includes reporting on reconciliation in his annual Social
Justice Reports, the Committee notes that the Government's Australian
Human Rights Commission Bill 2003 proposes the abolition of this specialist
position. Earlier this year the Senate Legal and Constitutional Legislation
Committee unanimously opposed the abolition of the position, and the
Committee endorses that position most strongly. The Committee also considers
that a statutory reference to reporting on progress towards reconciliation
would be desirable, and that the government should be obliged to respond
to the Social Justice Commissioner's reports, as recommended in the Social Justice Report 2001. [3]
Consistent with the Committee's recommendation,
        and in absence of such a statutory requirement, this year's report also
        includes a progress report on reconciliation in chapters 2 and 3. Due
        to the nature of the issues considered throughout the report, other chapters
        of the report are also relevant to progress on reconciliation. 
 1. Senate Legal and Constitutional
        References Committee, Reconciliation: Off Track, Parliament of
        Australia, Canberra 2003, p120.