The Guardian 11 May, 2005
Denying land rights "the real injustice"
Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma has used
his first Social Justice Report to put the Howard government on notice that provision of
services to Indigenous people will be closely monitored now ATSIC has been abolished.
The Social Justice Report 2004 outlines the challenges which lie ahead in protecting the human
rights of Indigenous peoples in Australia and how the Commissioner intends to ensure these
rights are observed.
The Report focuses on two main issues — the needs of Indigenous women exiting prison, and
the new arrangements for the administration of Indigenous affairs at the federal level. The report
makes recommendations to government on these issues and follow-up actions planned over the
coming 12-18 months.
The report also outlines a number of issues including Indigenous health and mental health, the
international processes for the recognition of the Indigenous rights and a focus on
reconciliation.
"This is a time of great uncertainty for Indigenous peoples, with significant changes underway in
the federal government's approach to Indigenous affairs … the abolition of ATSIC [Aboriginal
and Torres Strait Islander Commission] and the movement to new arrangements for designing
policy and delivering programs and services to Indigenous peoples raises many challenges
…"
Mr Calma said Indigenous rights would be undermined if Indigenous people did not have a
voice at the national level or if local developments and services were provided selectively or
based on "coercive measures".
Mr Calma said that the changes will leave the Human Rights and Equal Opportunity
Commission (HREOC) as one of very few mechanisms remaining that are able to independently
monitor the activities of governments.
Walking with women
"The lack of attention to the distinct needs of Indigenous women marginalises them and
entrenches inequalities in service delivery", said Mr Calma.
The report's main findings were the importance of housing and emergency accommodation
options for Indigenous women when released from prison; the importance of being able to
access a broad range of programs upon release, including healing; and the lack of coordination
of existing government and community services.
"Anecdotal evidence suggests that Indigenous women have difficulty in accessing support
programs upon their release and are left to fend for themselves, sometimes leading them to
homelessness, returning to abusive relationships or re-offending", Mr Calma said.
Native title
Commissioner Tom Calma said much work needed to be done to ensure meaningful land rights
advancements are realised within this generation.
"The native title process, as it is presently constructed within the legal system, often fails to
deliver substantial outcomes for Indigenous peoples."
The price of a native title determination is too high and many cases run for years and involve
complex issues of law and fact, with legal tests too difficult to satisfy. There was also an
emotional cost with Indigenous people of having to prove who they are and whether they have
lived their lives in a "traditional" way.
"We need to … recognise that the real injustice of denying Indigenous people their traditional
land for so long lies in the economic and social degradation that this causes."