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.
