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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…

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.

Social Justice Report 2001 back to contents Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody Ten years on from the Royal Commission into Aboriginal Deaths in Custody The Royal Commission into Aboriginal Deaths in Custody Ten years on from the Royal Commission - how far have we progressed? Rates of Indigenous over-representation and deaths in custody

Social Justice Report 2001 back to contents Chapter 2: Mutual obligation, welfare reform and Indigenous participation: a human rights perspective Mutual obligation, welfare reform and Indigenous participation: a human rights perspective Mutual obligation and welfare reform Mutual obligation – some general concerns Coercion and conditionality Penalties for breaching Mutual obligation and…

Social Justice Report 2001 back to contents Chapter 3: Indigenous governance and community capacity-building Introduction Governance and capacity-building – addressing Indigenous economic marginalisation Current initiatives for building Indigenous capacity and governance Case studies of governance and capacity building initiatives The Mutitjulu Community Participation and Partnership…

Social Justice Report 2001 back to contents Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people Introduction Overview of minimum mandatory imprisonment laws The Northern Territory laws The Western Australian laws Distinguishing minimum mandatory imprisonment laws from other mandatory sentencing provisions Recent developments in mandatory…

Social Justice Report 2001 back to contents Chapter 5: Juvenile diversionary schemes and Indigenous people Introduction Diversion and restorative justice Human rights principles for juvenile diversion Juvenile diversion schemes in the Northern Territory and Western Australia Ju venile diversion in the Northern Territory Pre-court diversionary options for juveniles in the NT Forms of…

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,…

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.

Social Justice Report 2000 back to contents Chapter 2: Reconciliation and human rights TABLE OF CONTENTS Introduction Reconciliation - the challenge ahead The role of the past in the reconciliation process Indigenous disadvantage as historically derived False assumptions abou the relationship between Indigenous and non-Indigenous Australians The legitimacy of institutions in Australian…

Social Justice Report 2000 back to contents Chapter 3: International scrutiny of Australia's Indigenous Affairs policies Introduction The CERD and the periodic reporting process Australia's appearance before the Committee on the Elmination of Racial Discriminaiton in March 2000 The dialogue between Australia and CERD - March 2000 The meaning of non-discrimination and equality under the…

Social Justice Report 2000 back to contents Chapter 4: Achieving meaningful reconciliation Introduction Reconciliation within a human rights framework Indigenous disadvantage and progressive realisation An equality approach to overcoming Indigenous disadvantage Developing a national benchmarking framework and monitoring and evaluating progress Processes to implement a national committment to…

Social Justice Report 2000 back to contents Chapter 5: Reparations Introduction Reparations and forcible removal policies Reparations in international law: the van Boven principles and international treaties Reparations in Australia: the Federal government's response An apology Compensation Litigation International comparisons Canada i) Gathering strength - responding to the Royal Commission…

Social Justice Report 2000 back to contents Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000. The following is an extract of the information provided to these committees: 1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th…

1. The Committee considered the tenth, eleventh and twelfth periodic reports of Australia, submitted as one document (CERD/C/335/Add.2), at its 1393rd, 1394th and 1395th meetings (CERD/C/SR.1393, 1394 and 1395), held on 21 and 22 March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations.

Social Justice Report 2006 Back to Contents Freedom Day (from back cover of the report) Freedom Day is the name given to the annual commemoration of the Wave Hill Walk Off. The 40th anniversary of the Walk-off was held in late August 2006. The festival was a celebration and commemoration for Gurindji, stockmen, families and other people associated with the history of the Wave Hill Walk Off…

In 2006, the Aboriginal and Torres Strait Islander Social Justice Commissioner conducted a national survey of Indigenous Australians living on Indigenous land. There were 54 survey respondents, which included traditional land owners, as well as other Indigenous Australians with interests in land and land-use. The survey questions asked Indigenous respondents to identify their aspirations for…

In 2006, the Australian Government added a new section 19A to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA) to provide that (with Ministerial consent) a Land Trust may grant a 99-year headlease over an Aboriginal township to an approved entity of the Commonwealth or the Northern Territory Government.

The federal Government has made a commitment to ‘normalise’ Indigenous communities by increasing Indigenous home ownership and reducing reliance on subsidised rental accommodation.

Specific examples The Memorandum of Understanding between the Minerals Council of Australia, the Australian Government and the East Kimberley Regional Partnership Agreement, discussed in Chapter 3 of the report, describes a collaborative approach to support Indigenous economic development in eight trial sites across Australia.