12 March 2004
Social Justice Commissioner outlines agenda for change in Indigenous policy
The Aboriginal and Torres Strait Islander Social Justice Commissioner Dr William Jonas AM today outlined an agenda for change to Indigenous policy in the Social Justice Report 2003 and Native Title Report 2003 which were tabled in federal Parliament yesterday.
"I have used this year's Social Justice Report to look back over the past five years to see whether government policy and program delivery are improving the situation of Indigenous peoples' lives in a sustainable way, or whether in fact they are inhibiting such improvement. "
The Social Justice Report identifies a number of recent positive developments in implementing COAG's commitments to reconciliation, such as the finalisation and release of the first report of national indicators for overcoming Indigenous disadvantage and progress in the COAG whole-of-government community trial sites, as well as recent initiatives in all states and territories regarding family violence issues.
"Processes for moving towards such change are still in the preliminary stages and results are yet to be achieved," said Dr Jonas. "The way in which the government deals with issues such as ATSIC reform, support for capacity development in Indigenous communities, and corporate governance reform of Indigenous organisations will be critical in turning talk into results for Indigenous peoples."
The report notes that these developments are also accompanied by some blunt realities about the rate of progress currently being achieved. The release of Census data from 2001 shows that the rate of progress in improving Indigenous well-being and reducing the level of inequality experienced by Indigenous peoples compared to non-Indigenous people is minimal.
"Time and time again the government has emphasised that the key focus of reconciliation should be on practical and effective measures which address the legacy of profound economic and social disadvantage that is experienced by many Indigenous Australians," Dr Jonas said.
"While I have problems with how reductive and limited this approach to reconciliation is, it is crystal clear that the government is failing on its own measures of success. The absence of government accountability for service delivery against mutually agreed targets is the most serious failing of practical reconciliation."
The report also expresses deep concern that the situation Indigenous peoples face is likely to worsen substantially over the next decade. A consequence of the growth in the Indigenous population is that it will become increasingly difficult to prevent the current inequality from deteriorating even further.
The report notes significant problems in the approach of governments to pressing, intransigent issues such as petrol sniffing and family violence.
"I have great concern at the lack of a national focus and long-term funding for issues related to petrol sniffing, particularly at the bureaucratic inertia in dealing with longstanding petrol sniffing issues on the Anangu Pitjantjatjara Lands (AP) of South Australia. Progress in addressing this difficult and destructive issue is simply too slow," Dr Jonas said.
"I am also concerned at the lack of access to justice for Indigenous women. Legal services for Indigenous women are too limited and have led ATSIC to describe Indigenous women as the most legally disadvantaged citizens in Australia - an assessment with which I agree."
The Native Title Report considers the role of native title in achieving economic and social development for native title parties. It asks the question 'what would a government and a native title claimant group discuss if the agreed aim of the native title process was the realisation of the claimant group's right to sustainable development?'
The report considers the adequacy of the current policy approaches of federal, state and territory Governments to native title negotiations on this basis. While some states are taking a broad approach, on the whole, native title is seen as a legal claim which needs to be settled.
"Based on the inherent rights of Indigenous people and their unique cultural identity, native title is an important tool for economic and social development in Indigenous communities," said Dr Jonas. "It has the capacity to ensure that government initiatives on economic and social development are filtered through the aspirations and cultural values of Indigenous peoples. Without this cultural framework, such initiatives are unlikely to succeed."
"However, this capacity is hampered by a legal system that operates to restrict rather than maximise native title outcomes. It is also hampered by the failure of governments to build a relationship with traditional owner groups in which sustainable development is a shared goal."
The reports identify an agenda for change for Indigenous policy. This includes:
- addressing the lack of sufficient government accountability to Indigenous peoples for government policies;
- strengthening ATSIC at the national, state and regional level, so they provide a representative voice to Indigenous peoples in policy making processes;
- increased focus on whole-of-government approaches. The Native Title Report proposes that the goals of native title policy and those of broader Indigenous policy be aligned towards improving the economic and social conditions of Indigenous peoples lives;
- a realistic assessment of the ongoing shortfall of funding for service delivery and infrastructure provision to Indigenous communities and a targeted plan 'to address inequality within available resources and within people's lifetimes';
- an integrated framework for capacity development of Indigenous communities, including native title groups, to be endorsed by COAG with long term commitments to appropriate funding and processes.
"I don't expect the situation that Indigenous people face will change in the short-term, but I do expect governments to have an action plan for achieving equality of opportunity," the Commissioner said.
"Action plans should set out what is an acceptable rate of progress towards addressing Indigenous disadvantage and an evaluation of issues relating to the prioritisation, resourcing and re-engineering of programs and services that will need to take place to achieve this.
"I also expect governments to have processes in place for negotiating with Indigenous peoples on the setting of key priorities and building the capacity of communities to be self-reliant."
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 12 March 2004.
