Face the Facts

Produced by the Federal Race Discrimination Commissioner 1997

Questions and Answers
About Aboriginal People and
Torres Strait Islanders

Who is an Aboriginal or Torres Strait Islander person?

Since the early 1980's the Federal Government has used a three point working definition to enable people to establish their eligibility for specific Aboriginal and Torres Strait Islander programs. According to that definition an Aboriginal or Torres Strait Islander person is someone who:

1. is of Aboriginal or Torres Strait Islander descent,
2. identifies himself or herself as an Aboriginal person or Torres Strait Islander, and
3. is accepted as such by the Indigenous community in which he or she lives.

Each requirement must be satisfied. Physical appearance and lifestyle are irrelevant.

The definition recognises the realities of Indigenous societies today. It rejects the purely racial classification of the past and includes contemporary social and cultural factors. At the same time it ensures that people cannot easily make false claims by requiring proof of Indigenous descent and acceptance as a member of an Indigenous community.

The term Indigenous is increasingly used to refer to Aboriginal and Torres Strait Islander people. Indigenous is the term used by the United Nations it its recognition of the special or unique rights of 'first peoples'.

Gibbs v Capewell and Others, 54 FCR 503
M. Dodson, "The end in the beginning re(de)finding Aboriginality", (Number 1) Australian Aboriginal Studies, 1994.

What is Reconciliation?

Reconciliation aims to encourage co-operation and improve harmony between Indigenous and non-Indigenous Australians. There is a particular emphasis placed on improving relations by understanding how history has shaped our relationship with each other and the importance of respecting each other's culture. Reconciliation is important not only to Indigenous people but also to Australia's future as a cohesive nation.

The Australian Parliament has unanimously supported reconciliation between Indigenous and non-Indigenous Australians as a key national objective leading to the centenary of the Australian Federation in 2001.

The process of reconciliation formally began as a result of the recommendations of the Report of the Royal Commission into Aboriginal Deaths in Custody. The Federal Parliament unanimously supported the establishment of an independent body called the Council for Aboriginal Reconciliation. The Council's role includes consulting the community on ways to improve relations between Aboriginal and non-Aboriginal people, education and developing of strategies to encourage co-operation.

The Aboriginal Law Centre Faculty of Law UNSW Mabo and Native Title Kit 1994
Council for Aboriginal Reconciliation, Walking Together.

What is self-determination?

Self-determination is the right of every nation to determine and control its own development and destiny. It is the right to freedom from colonisation and imperialism. It is a collective right and not a right to be exercised by individuals.

Indigenous peoples claim that they, too, have a right to self-determination. There is considerable support for the correctness of this claim in that international treaties and many governments, including Australia, support the right of Indigenous self-determination in some form.

At this stage it is fair to say that the right of Indigenous self-determination is emerging. It seems likely to be accepted internationally before the end of the decade with a proviso applying to Indigenous peoples which does not apply to nations, namely that Indigenous peoples within existing nations will not be able to create new nations.

Indigenous self-government within the existing constitutional framework has been recognised in the United States for many decades and is being implemented in Canada. Self- government, where it is desired by Indigenous peoples, offers benefits to them and their children and to the State or Territory. It is a way to ensure that Indigenous peoples can direct their cultural, economic and social development and participate fully in the democratic life of the entire community.

What does it mean when it is said that Aboriginal people were dispossessed?

Dispossession refers primarily to loss of land. In the Mabo decision, the High Court stated that Indigenous people were dispossessed of their land parcel by parcel, to make way for expanding colonial settlement. In effect, their dispossession underwrote the development of the nation.

Given the spiritual ties which Indigenous people have to their land, the resulting dislocation dispossessed them of their cultures, languages and religions as well as their economic welfare and independence. Well into the 20th century, many policies and laws forced Aboriginal people to be segregated and they were denied fundamental human rights, including the right to vote and access to social welfare.

From the time of settlement up until early this century, large numbers of Aboriginal men, women and children were killed in random killings and massacres.

The number of Aborigines who were killed is impossible to determine accurately. However it has been estimated that as many as 10,000 Aborigines were killed in northern Australia alone from the 1860s to the 1930s. Records are poor but many killings of large groups are well documented and include for example:

June 1838 The Myall Creek Massacre at least 28 Aborigines, mostly women and children were roped together, taken to stockyards and murdered with swords.

1838 Slaughterhouse Creek Massacre between 60 and 300 Aborigines were murdered by police.

March 1940 Fighting Hills Massacre up to 80 Aborigines were slaughtered by the Whyte brothers and three of their employees.

February 1868 Jaburrara Massacre between 30 and 60 Aborigines were killed by a party of police and settlers.

Late 1886 The Coppermine Murders 150 Aborigines were shot by miners.

Mabo and others v State of Queensland (1992) 107ALR1 per Brennan, J. at p.50 and per Deane, Caudron JJ at p.82.
Reynolds H, The Other Side of the Frontier, 1982, pp121-122.
Broome R., The Struggle for Australia Aboriginal-European Warfare 1770-1930 in McKernan M., and Browne M., (eds) Australia Two Centuries of War and Peace, pp 99-100.
Australian War Memorial in association with Allen and Unwin, Canberra. 1988.
Marcus A., Australian Race Relations 1788-1993, p126-7. Allen and Unwin, 1994.

Were Aboriginal children forcibly removed from their families?

Indigenous children were forcibly removed from their families over a long period and in various circumstances. From the very early days of British occupation Aboriginal children represented a potential source of labour to squatters and pastoralists and a target for the evangelising efforts of the churches. Government policy this century focused primarily on children of mixed race - those with lighter skins. They were liable to be removed for training in institutions as domestics or farm labourers, for rearing as if they were white in orphanages and children's homes or to be fostered or adopted by non-Aboriginal families.

Children removed from their families, whether Indigenous or not, are disadvantaged in many ways. It is known that:

• They are more likely to come to the attention of the police as they grow to adolescence.
• They are more like to suffer low self-esteem and even mental illness, particularly depression.
• They are vulnerable to physical, emotional and sexual abuse.

Aboriginal children who were removed suffered a number of additional effects.

• They were almost always taught to reject their Aboriginality and Aboriginal culture. At the same time
• The non-Aboriginal community rejected and discriminated against them.
• Hence they found themselves between two worlds.
• They were not permitted to speak their languages.
• They were unable to retain their links with their land.
• They could not take a role in the cultural and spiritual life of their former communities.
• They are unlikely to be able to establish their right to native title.

Removals on the basis of race continued into the 1970's. The legacy of forcible separation remains active in the lives of Aboriginal individuals and communities today.

How many Indigenous people were affected by the separation policy?

Surviving records do not permit an accurate estimate of the numbers removed. A national survey conducted by the Australian Bureau of Statistics in 1994 revealed that 1 in every 10 Indigenous people aged over 25 had been removed from their families in childhood.

Where do Indigenous people live today?

Most Aboriginal people live in smaller urban areas. However, there has been a rise in the number of Indigenous people living in major urban areas.

It should be noted that there are widely differing figures as to population spread across different states. For instance in the Northern Territory 65% of Aboriginal and Torres Strait Islander people live in rural areas, while in Victoria, South Australia and the Australian Capital Territory, a large percentage live in major urban areas.

Gaminiratne, K.H.W., Centre for Aboriginal Economic Policy Research Discussion Paper No 49/1993 Change in Aboriginal and Torres Strait Islander population distribution 1986-91, Centre for Aboriginal Ecomonic Policy Research, ANU, Canberra 1993.

Are Indigenous people disadvantaged?

Health

The life expectancy for Aboriginal people is 15-20 years less than the general population. At any age, Aboriginal and Torres Strait Islander people are more than twice as likely to die as are non-Indigenous people. For those aged 25 to 44, the risk is five times greater than the national average.

Diabetes affects 30% of people in some Aboriginal and Torres Strait Islander communities, which is four times the non-Indigenous rate. Deaths in Aboriginal males with diabetes rose from 36 per 100,000 in 1985-86 to 82 per 100,000 in 1991-92.

Indigenous infant mortality is still more than 3 to 5 times higher than that for other Australian children.

Infectious diseases are 12 times higher than the Australian average.

Hospital admissions for Aboriginal men are 71% higher than for non-Aboriginal males. For Aboriginal females, the admission rate, which includes admissions for childbirth, is 57% higher than for non-Aboriginal females.

Education

Only 33% of Aboriginal and Torres Strait Islander children complete schooling compared to a national average of 77%.

2.2% of Indigenous people have tertiary degrees compared with 12.8% of all Australians.

Employment

The unemployment rate is 38% for Indigenous people, compared with 8.7% for the general population.

14% of Aboriginal men and 17% of Aboriginal women are in administrative, professional or para-professional positions compared with 35% of Anglo-Australian men and 29% of Anglo- Australian women respectively.

The mean individual income for Indigenous people is 65% of that of the general population.

Criminal justice system

Indigenous people are 17.3 times more likely to be arrested; 14.7 times more likely to be imprisoned; and 16.5 times more likely to die in custody than non-Indigenous Australians.

Indigenous juveniles aged 10 to 17 are 21 times more likely to be in juvenile detention institutions than the rest of the population of that age. In Western Australia, the rate is 48 times higher.

The number of Aboriginal and Torres Strait Islander people in prison has increased by 61% in the last 7 years almost twice the growth rate of the non-Indigenous prison population.

Aborigines are more likely to be held in custody or detained for less serious offences than non-Aboriginal people. The highest over-representation of Aboriginal people in custody is for public order offences. More than half of the Aboriginal people held in police custody are detained for public drunkenness and street offences.

Other

Only 28% of Aboriginal families own their own home compared to 67% of all Australian families.

In 1992 34% of discrete communities had a water supply which was below the standard set by the Commonwealth Government as being safe for human consumption. 13% of discrete communities did not have a regular water supply.

Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey 1994, AGPS, Canberra, 1994.
Australian Institute of Health and Welfare, Statistical Collections, AGPS, Canberra, 1994.
National Aboriginal Health Strategy: An Evaluation, AGPS, Canberra, 1995.
Australian Institute of Health and Welfare, Australia's Health 1996, AGPS, Canberra, 1996
McDonald, D., National Police Custody Survey 1992 Preliminary Report, Australian Institute of Criminology, Canberra, 1992.
Report of the Royal Commission into Aboriginal Deaths in Custody, AGPS, Canberra, 1991.
National Prison Census, 30 June 1992.
Aboriginal and Torres Strait Islander Commission and Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, Indigenous Deaths in Custody 1989 to 1996, AGPS, Canberra, 1996.

What particular problems do Aboriginal children face?

Poverty, poor living conditions and health problems in Aboriginal families mean that many Aboriginal children are severely disadvantaged, specifically in education.

Health problems may lead to a chain of related problems with children's education. Untreated ear disorders stop children from hearing the teacher properly, untreated eye disorders interfere with vision and malnutrition gets in the way of concentrating in class. All of these affect attendance.

Indigenous infant mortality is still more than 3 to 5 times higher than that for other Australian children.

The rate of admission for x-ray proven pneumonia was 80 times higher than for non- Aboriginal children.

Nearly 1 in 10 (9%) Indigenous youth will not attend school or will leave school before the age of 14 (compared with 2% of non-Indigenous youth).

Less than half (49%) Aboriginal and Torres Strait Islander 15-19 year olds are attending school (compared with 90% of other youth).

Only one third (33%) of Aboriginal and Torres Strait Islander students complete year 12 (compared with 77% of other students).

Children with poor levels of education have difficulty in finding employment as they are uncompetitive in the job market. In rural or remote areas with a depressed economy, employment opportunities are already severely limited.

Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey, 1994. Pholeros P., Rainow S. and Torzillo P., Housing for Health Towards a Healthy Living Environment for Aboriginal Australia, Heath Habitat, 1993.

Do Aboriginal people have a problem with alcohol?

By comparison with non-Indigenous people, a large proportion of Aboriginal people and Torres Strait Islanders do not drink alcohol at all. Nationally, 32% of Aboriginal and Torres Strait Islander people do not drink alcohol compared with 16% of non-Indigenous people.

Comparative studies of alcohol consumption by Indigenous people and non-Indigenous people conducted in rural and remote areas have shown that:

Up to 35% of Indigenous men do not drink alcohol compared with 12% of non-Indigenous men.

29% to 80% of Indigenous women do not drink alcohol compared with 19% to 25% of non- Indigenous women.

In the Northern Territory, 75% of Aboriginal people do not drink alcohol at all.

However, of those Indigenous people who do drink, the level of consumption is very high. A survey of Indigenous drinkers in Australia showed that 22% of Indigenous people drink at harmful levels in comparison to 10% of non-Indigenous people. In the Northern Territory, more than two-thirds of Aboriginal male drinkers are classified as binge drinkers.

In order to curb the bad effects of excessive drinking, some Aboriginal communities have chosen to limit the availability of alcohol to their members, or have elected to be dry.

Race Discrimination Commissioner, Human Rights and Equal Opportunity Commission, Alcohol Report, AGPS, Canberra, 1995.
Northern Territory Liquor Commission Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey 1994, AGPS, Canberra, 1995.
Commonwealth Department of Health and Family Services, National Household Survey on Drugs, AGPS, Canberra, 1996.
Royal Commission into Aboriginal Deaths in Custody, Aboriginal Alcohol Use and Related Problems, Expert Working Group Report, 1991.
d'Abbs P., Hunter E., Reser J. and Marlin D., Alcohol Related Violence in Aboriginal and Torres Strait Islander Communities A Literature Review, Commonwealth Department of Health, Housing, Local Government and Community Services, 1993.

Do Aboriginal people get higher unemployment benefits than other Australians?

Unemployed Aboriginal people and Torres Strait Islanders, like other unemployed Australians, are entitled to Job Search or New Start Allowances at the same rates as other Australians. Despite this, many choose to work for these entitlements through the Community Development Employment Program (CDEP) schemes in 252 communities across the country. The pay is equivalent to, or less than, unemployment benefits. In fact, Indigenous people on CDEP schemes are treated as wage earners rather than income support recipients and are thus ineligible for other benefits received by those on income support such as rent assistance and health concessions.

Over 27,000 Indigenous people participate in the scheme. The National Aboriginal and Torres Strait Islander Survey indicated that in 1994, an estimated 26% of employed Aboriginal and Torres Strait Islander people were working in a CDEP scheme.

Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey 1994, AGPS, Canberra, 1995.
Aboriginal and Torres Strait Islander Commission, Annual Report 1994-95, AGPS, Canberra, 1995.
Taylor J., The Relative Economic Status of Indigenous Australians 1986-1991,Research Monograph No 5. Centre for Aboriginal Ecomonic Policy Research, Australian National University, 1993.

Do Aboriginal and Torres Strait Islander people receive special treatment from the Government?

Aboriginal people do not receive higher social security benefits than other Australians and many in fact work for their benefits. In the areas of education and housing, Aboriginal people and Torres Strait Islanders have access to special benefits in recognition of the fact that they are the most economically and socially disadvantaged group in Australia today.

Education

A variety of programs in universities recognise that many people throughout Australia may be disadvantaged in their educational attainment. For instance, there are special admission programs for applicants who have suffered long term educational disadvantage due to poverty, disability or severe medical conditions. Special entry programs for Indigenous Australians recognise that they are severely disadvantaged in the area of education.

• It is estimated that only 33% of Aboriginal and Torres Strait Islander students finish secondary school compared with the national rate of more than 77%.
• Only 17% of Aboriginal and Torres Strait Islander students aged 18 to 20 years participate in education, compared to about 45% of young Australians in this age group.
• Aboriginal people living in remote communities generally have little or no access to secondary and tertiary educational facilities.

  Aboriginal people and Torres Strait Islanders have access to ABSTUDY allowances from the Department of Employment, Education, Training and Youth Affairs (DEETYA). Provision of this allowance has made a major contribution to improving the extent and quality of education for Indigenous youth.

  ABSTUDY provides financial assistance for Indigenous people and Torres Strait Islanders who undertake approved secondary or tertiary education courses. Assistance is also available to primary students aged 14 or over. Some ABSTUDY allowances are paid regardless of the family income; others are subject to income testing. In 1995, a total of 45,835 Indigenous students received ABSTUDY assistance – 28,869 school students and 18,966 tertiary students. Special tutorial assistance is available to Aboriginal and Torres Strait Islander tertiary, secondary and primary school students under the Aboriginal Tutorial Assistance Scheme (ATAS). In 1995, approximately 50,000 Indigenous students received assistance under this scheme.

  Housing

  In comparison with the broader community, levels of home ownership are very low among Indigenous Australians and the reliance on public rental and community managed housing is very high.

  • 31% of Indigenous people rely on public rental housing in comparison to 6.8% of the non-Indigenous population.
  • Only 28% of Aboriginal and Torres Strait Islander families own their own home compared with 67% of all Australian families.
  • Indigenous families are 20 times more likely to be homeless than non-Indigenous families.

  There are a number of State and Territory home ownership schemes available to all people who qualify. Most of these schemes involve, to varying degrees, the provision of support for home ownership (including low interest loans) for those on low income or in some other way in need of assistance (such as first home buyers, the aged and people with disabilities).

  Aboriginal and Torres Strait Islander people on low incomes have access to strictly means- tested concessional home loans from ATSIC. Interest on those loans starts at 5% p.a. and increases by 0.5% p.a. until it reaches 1% below the Commonwealth Savings Bank housing loan interest rate. These rates are comparable with interest rates currently offered by public lending institutions.

  The number of these loans is limited. About 441 Indigenous families Australia-wide, assessed against strict eligibility criteria, took out loans in 1992-93. All loan recipients pay between 20% and 30% of their gross income in loan repayments.

  National Review of Education for Aboriginal and Torres Strait Islander Peoples, Summary and Recommendations, 1995.
  Australian Bureau of Statistics, Schools Australia 1992, AGPS, Canberra, 1993, p55.
  Australian Bureau of Statistics, Census of Population and Housing, AGPS, Canberra, 1991. Canberra, 1995.
  Aboriginal and Torres Strait Islander Commission, Annual Report 1992-93, AGPS, Canberra, 1993
  Aboriginal and Torres Strait Islander Commission, National Housing and Community Infrastructure Needs Survey, AGPS, Canberra, 1992.

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  Text marked up by Sarah Peckham 15/6/97