Rights of Indigenous peoples in Australia

Policy Serial No. : POS 2.2.1.1
Date of adoption: 29 May 2004

The Issue:

Oxfam Australia observes that:

Indigenous Australians, as with other Indigenous populations in the world, are disproportionately affected by issues of poverty, poor health, poor education and employment opportunities and problems of alcohol misuse, substance misuse and violence.

The disadvantage experienced by Indigenous Australians has resulted largely from a colonial experience that differentiates them from the Australian community. Aboriginal people have suffered loss of land, language, culture, and the lives of their community members, for more than 200 years.

Successive Australian government policies have severely eroded the capacity of Indigenous communities to function effectively and practice self-determination. Australian governments have been slow to recognise and respect the rights of the Indigenous Peoples of this country, resulting in serious threats to the maintenance of Indigenous culture and heritage.

Efforts over the past forty years to overcome entrenched poverty and disadvantage in Indigenous Australia have had little impact despite large per capita expenditure by state and federal governments.

In Australia, there has never been a treaty with Aboriginal people to provide a basis for a legal or negotiating framework. Issues of reconciliation and the need for a treaty have been the focus of public debate for the past decade, but these have still not reached satisfactory outcomes for many Australians, indigenous and non-indigenous.

While there has been some progress in the areas of land rights, native title and heritage protection, there has also been an erosion of the powers of bodies such as ATSIC to represent the interests of Indigenous Australians. Indigenous communities still suffer significant disadvantage in comparison to the rest of the Australian population, coupled with a lack of effective bodies to further the interests of Aboriginal and Torres Strait Islander people in government forums.

Oxfam Australia principles:

Our view is:

Oxfam Australia recognises that dispossession, racism and discrimination have systematically disadvantaged and marginalised indigenous communities in Australia. Self-determination, native title, reconciliation and the need for a treaty must inform our program and advocacy work, taking our learning from indigenous organisations.

Oxfam Australia can assist indigenous organisations in bringing a greater understanding of indigenous issues to mainstream Australian society and political frameworks. It is most appropriate for Oxfam Australia to work with and in support of indigenous communities and organisations around Australia.

Aboriginals and Torres Strait Islanders must be seen and recognised as part of the Australian community, their history, traditions and culture accepted as an integral part of this nation’s heritage. The issues affecting Indigenous People in Australia need to be debated and discussed as part of Australian civil society, and acted upon within our political processes.

Experience in community development both in Australia and in developing countries has highlighted the effectiveness and sustainability of programs that address the real needs of communities and ensure the commitment of communities to the programs. This occurs when communities have a significant role in the design, implementation and governance of the programs.

Consequently, Oxfam Australia calls for:

The Australian government to demonstrate a commitment to Indigenous Australians by addressing criticisms from UN committees on Australian legislation detrimental to Indigenous Peoples
The Australian government, at commonwealth and state levels, to be responsive to indigenous voices, respect self-determination and indigenous-led solutions, and act in accordance with those solutions. The now disbanded ATSIC must be replaced with truly representative mechanisms which allow a variety of indigenous voices to be heard
Government policy and practice must recognise the rights of Indigenous Australians to access urgently needed health and education programs
Constitutional recognition and protection of the rights of Indigenous Peoples. In Australia, this may include a treaty or a Bill of Rights which is inclusive of Indigenous Peoples, makes Aboriginal Australians part of its framing, and recognises them as the first people of Australia
Further work taking up the issue of reconciliation and implementation of the recommendations in the final report of the now disbanded Council on Aboriginal Reconciliation. It is important that the Australian government address the issue of reconciliation in the Australian community
Non-indigenous and indigenous communities to commit to genuine reconciliation that builds a solid foundation for living together peacefully and equitably

Appropriate community-based strategies:

Oxfam Australia should focus on Indigenous issues in Australia as well as other regions, ensuring that our experience is shared across the range of Indigenous communities with which we work.

Strategic priorities for Oxfam Australia are those of indigenous youth, as the majority of Indigenous Australians are under the age of 25 and youth are important for maintaining our indigenous heritage and keeping it alive. In addition we should assist indigenous organisations to address issues of health, governance and economic opportunity for Indigenous communities, assisting organisations such as ATSIS to find a voice for Aboriginal and Torres Strait Islander concerns.

The Social Justice Report Recognition, Rights and Reform produced by the Aboriginal and Torres Strait Islander Commission (ATSIC) provides a comprehensive platform for action, addressing rights, constitutional reform, structural reform and equity. These recommendations could be used as a basis for specific campaign objectives and the development of innovative media events.

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