International Review of Indigenous issues in 2000: Australia
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 Children 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.
