We live on the land of the Wurundjeri People

Welcome to the website of the Nillumbik Reconciliation Group Inc.

The NRG is a volunteer-based, non-profit incorporated group committed to furthering the process of reconciliation with Australia's Indigenous peoples – the first Australians. Based in the Shire of Nillumbik, which includes the Melbourne suburb of Eltham and surrounding areas, the Group aims to cultivate and promote the issues of reconciliation in our local region. Click on the links down the left hand side of the page to find out more.

Original website design: Mark Lowrie. NRG logo design: Elizabeth Savage Kooroonya

Last updated: 8th December, 2009

© Copyright 2000 - 2009 Nillumbik Reconciliation Group Inc. Nillumbik Reconciliation Group does not object to its articles being reprinted provided they are not edited and the source is properly acknowledged. However, please note that this website may also contain articles and/or images copyright to other organisations or individuals.

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2009 AGM

The President's Report

can be downloaded here (135KB)

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UNITED NATIONS SPECIAL RAPPORTEUR ON THE RIGHT OF EVERYONE TO THE ENJOYMENT OF THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH

Mr Anand Grover

Preliminary observations and recommendations

Canberra, 4 December 2009

Good morning ladies and gentlemen.

It is a great privilege for me to be here and I would like to thank the Government of Australia for inviting me and facilitating the organisation of an interesting programme. I would also like to acknowledge the traditional owners of this land, the Ngunnawal people.

During my 12-day mission I visited Canberra, Sydney, Melbourne, Alice Springs, Darwin and Brisbane. I had the pleasure of meeting the Minister of Health and Ageing, the Honourable Nicola Roxon, the Minister for Immigration and Citizenship, the Honourable Chris Evans, the Minister for Indigenous Health, the Honourable Warren Snowdon as well as a number of senior Government officials. Throughout the mission, all levels of Government and other relevant actors were candid, open and constructive. I take this opportunity to thank all those who have given their time and extended co-operation to me. I also had the opportunity to meet with representatives of civil society organisations and communities, academics and health professionals. I would like to warmly thank Dr. Ngaire Brown, Mr. Michael Levy, Professor Ian Anderson and Ms. Elisabeth Evatt, amongst others, for their valuable contributions and insights.

I would also like to thank the United Nations Information Centre for their support and for organising this press conference.

You will find in the room a short document that explains my responsibilities as the UN Special Rapporteur on the right to health. It also provides some additional background information on the mission itself.

I am an independent expert who reports to and advises the UN Human Rights Council and UN General Assembly.  I am not a member of the UN secretariat and I am not paid by the United Nations.  As an independent expert, I exercise my professional judgment, and report to the United Nations.

What follows are my preliminary observations and recommendations which will be further developed in the report that I will submit to the United Nations Human Rights Council when it meets in June next year.

The focus of this mission was on two main issues – Indigenous health and access to healthcare in detention establishments, including those for asylum-seekers, refugees and prisoners. I looked at these issues through the prism of the right to health. But that was one of my major challenges as there is no legal right to health in Australia. In addition, Australia is apparently the only developed liberal democracy that does not provide constitutional guarantee for human rights. Nevertheless, Australia’s obligations to respect and protect human rights derives from its adherence to the core human rights treaties such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against torture or the Convention on the Rights of the Child.

Australia’s failure to incorporate international human rights standards enshrined in treaties to which it is a party into domestic law remains an issue of great concern for me, as those rights need to be enforceable at the national level. I make note of the recent National Human Rights Consultation process, culminating in a report which recommended the increased recognition of human rights within Australia. I urge the Government to take necessary steps to incorporate international human rights standards into domestic legislation, all of which should be justiciable, including economic, social and cultural rights. This would provide an effective remedy to all those whose rights may have been violated.

The health of Australia’s refugee and asylum seeker population in detention has been a significant concern for many years, which is why I visited two immigration detention centres – Maribyrnong in Melbourne, and Villawood in Sydney – as well as the Brisbane Immigration Transit Centre.

Some of the Government’s policy changes surrounding immigration detention, particularly around frequency of review of detention, are to be commended. The average lengths of time for which individuals are detained have significantly decreased, diminishing the inherent risk of mental illness associated with indefinite detention. Removal of temporary protection visas has also gone some way towards ameliorating uncertainty within this population. Provision of health services in mainland immigration detention centres appears generally satisfactory.

However, I would like to emphasise my overriding concerns regarding the situation of persons in detention centres: the fact that detention remains mandatory, with no maximum limits on duration of stay, and that there are no binding legal standards that must be met in providing services. These factors impact negatively on the status of health of persons in detention.

Moreover, the excising of the Christmas Island under the Migration Act, whereby refugee claims are determined by a non-statutory process, means that Island detainees lack the same rights to judicial review as their mainland counterparts.

Although processing time on Christmas Island has decreased, major problems remain concerning the accessibility and appropriateness of the facility. These factors, particularly the logistical difficulties associated with airplane access, make rendering health and other services extremely challenging and present a significant obstacle to ensuring on-going monitoring by non-governmental and independent stakeholders. It is telling that I was unable to visit the island during my Australian mission, as the charter flight schedule would have meant I would have had to stay for four days – this rendered a visit impossible in terms of my schedule, and would represent a major impediment for other professionals, such as legal aid or healthcare workers.

The health of Australia’s prison population was also an issue of concern to me. I had the opportunity to visit two prisons during my time in Australia: Long Bay, in Sydney, and Alice Springs Correctional Centre. There are clearly positive initiatives in place in both – for example, establishment of a tertiary prison hospital in the former, and the Elders Visiting Program in the latter – however they share many challenges. These include adequate provision of primary health care, resourcing of health promotion projects, and provision of appropriate services to a population of Aboriginal and Torres Strait Islanders disproportionately represented in prisons. I would recommend that the Government invests additional funds with a view to ensuring sustainable delivery of primary healthcare services.

Individuals with mental illnesses are overrepresented in all types of custody. The deinstitutionalisation of mental health services over recent times is a welcome development in healthcare, but inadequate resourcing of alternative services has resulted in a shift of individuals with mental illnesses to the nation’s prisons.

Indigenous populations are also vastly overrepresented in the prison population. There is a triad of vulnerability that I have observed, consisting of incarceration, mental illness, and being of Indigenous descent. Aboriginal and Torres Strait Islanders with mental illnesses who become involved in the justice system invariably experience negative health outcomes. A vicious cycle appears to be occurring whereby this population is, in effect, criminalised. This is exacerbated by issues of dual diagnosis: that is, drug and alcohol problems coexisting with mental illness. As such, diversion programs, sentencing policies and criminal laws must all be considered when broadly assessing the health of Aboriginal and Torres Strait Islander populations, as incarceration has wide-ranging detrimental health effects.

Whilst Aboriginal and Torres Strait Islanders are overrepresented in the prisoner population, they are underrepresented in the prison staff cohort; this should be addressed through targeted programs that recruit and engage Aboriginal and Torres Strait Islander health workers and correctional staff in a culturally appropriate manner. Additionally, there needs to be an increased and proactive focus on health promotion activities as well harm reduction interventions, such as needle and syringe exchange programmes, to address the preventive health needs of inmates of all cultural backgrounds.

Knowing Australia to be a developed, prosperous country, I was moved by the stories told to me by Indigenous communities, the living conditions I saw, and the extent of preventable disease and health-related disability I witnessed among those of Aboriginal and Torres Strait Islander descent. The right of a significant proportion of Australia’s Indigenous populations to the highest attainable standard of physical and mental health is being violated. Basic needs, such as adequate housing, safe drinking water and sanitation and access to education are not being met. Unresolved issues surrounding native titles and land rights continue to have a detrimental impact. Communities are not benefitting from the equal access to primary healthcare facilities which are at times inaccessible or inappropriate. This is sometimes due to lack of transportation and communication infrastructure, but more often due to direct discrimination and culturally inappropriate services being provided. Institutions and processes, particularly those linked to tertiary care and staff, are not adequately supported to address the specific needs and vulnerabilities of the Indigenous communities they serve. Such inequities are incompatible with basic principles of the right to health including equality and non-discrimination.

Decades of neglect, racism and discrimination have stigmatised and disempowered these populations, impeding equal access to basic services, leaving them on the margins of the Australian society. Since the official recognition of Aboriginals as citizens in 1967 there have been improvements made, but more remains to be done.  Certainly, Australia’s support of the United Nations Declaration on the Rights of Indigenous Peoples and the apology to the Stolen Generations were commendable, but progress cannot be made on this important issue without respectful and open dialogue and cooperation among all parties. I would like to strongly encourage this dialogue in the quest for truth and reconciliation about difficult issues concerning colonisation and consequent disempowerment of the Aboriginal and Torres Strait Islander populations.

Including the Indigenous population in policy and decision–making processes is necessary to build relationships which would ensure genuine protection of their interests, while securing their respective cultural identities and self-determination, and restoring respect and dignity. I note that the Government has signalled an intention to establish the National Congress of Australia’s First Peoples, which represents one mechanism by which this engagement could occur. However, I would stress the importance of legislative guarantees, or other such mechanisms, to ensure that the opinions of any such body must be taken into account.

Initiatives such as this are a welcome development, and represent major progress – but other initiatives in recent times have proved not as successful. The Northern Territory Emergency Response has unfortunately undermined some of this progress in efforts towards reconciliation, as communities describe the NTER as paternalistic, disempowering and racially motivated. It exposed the weaknesses in protection of the Aboriginal and Torres Strait Islander populations, and highlights the need for entrenched Constitutional protection for them.

Furthermore, the NTER failed to meet basic standards of a rights-based approach to health, such as the development of a transparent plan with clear benchmarks and indicators, participation, the meaningful engagement of communities and the establishment of mechanisms for monitoring and accountability. Some aspects of the NTER have been considered beneficial; notably, that it sent a message of unprecedented political and financial commitment to address the rights and needs of Indigenous communities. Income management aspects of the intervention were described favourably by some, but as disempowering by most – and my attention was drawn to similar initiatives in other States that have been implemented on a voluntary basis with success. The specific approach regrettably undermined existing health structures and the ongoing efforts of service providers in the Northern Territory, rather than strengthening their role in providing the solution. Overall, the NTER has undermined Aboriginals’ and Torres Strait Islanders’ self-determination and progress made to date by the communities themselves in addressing their own health needs, and therefore has presented an obstacle to continuing further significant improvements in the health outcomes of these communities.

As the intervention initially stood, it was inherently flawed, and some of the measures imposed were in direct breach of Australia’s international human rights obligations. I welcome the Government’s decision to reinstate the Racial Discrimination Act in the Northern Territory, but it is of utmost importance that such changes are accompanied by the immediate implementation of appropriate measures. This would bring future programmes and policies in line with the change. In this context, I welcome the current government’s recognition of some of the NTER’s limitations, and its efforts to address these through an extensive consultation and review process.

In order to realise the right to the highest attainable standard of physical and mental health for Indigenous communities, there is a need for significant, ongoing commitment and investment in a combination of both symbolic and practical measures to empower communities of Australians of Aboriginal and Torres Strait Islander descent. I welcome the recent, unprecedented investment of $1.6 billion for Indigenous health, the government’s support for an Aboriginal and Torres Straits Islanders’ Healing Foundation and the announcement of a new co-operative framework between community-controlled health services and the Federal and Territory governments, with a view to increasing Indigenous peoples' control over planning, development and delivery of primary health care. This approach further enhances the commitments Australian Governments have already made in order to achieve Indigenous health equality within a generation.

It is of utmost importance that sufficient funding is allocated to Aboriginal community controlled health services which have a proven record of delivering health services to Aboriginals and Torres Strait Islanders. Where mainstream services provide care to Indigenous communities, capacity and cultural competence needs to be upgraded. Communication between tertiary and primary care providers in particular must be improved, and outreach services tailored to provide acceptable services to these populations. Leaders within the Aboriginal and Torres Strait Islander community have a vital role to play in policy and decision making and in increasing participation of their own community members in healthcare services.

In accordance with a rights-based approach I would like to highlight the need for a long-term national plan of action with clear targets, benchmarks and indicators to evaluate progress and guide State and Commonwealth priorities and actions. Such a plan would necessarily include addressing underlying determinants of health (such as adequate housing and access to safe water and sanitation), social determinants of health, as well as racism. Undivided support and implementation of the Close the Gap Campaign is crucial to ensuring capacity building and empowerment of Indigenous communities to take a leadership role in realising the right to health for all Australians. Barriers at the institutional level, including those influencing policies, allocation of finances and the level of human rights protections currently impede the achievement of equality and non-discrimination, and require action.

I visited hospitals in Alice Springs and Darwin and was impressed by the dedication of health professionals despite the lack of adequate means to address obstacles in realising the right to health of their patients. Throughout the world, health professionals are often first to witness the effects of torture, trauma or substance use. They are also the key players in monitoring, documenting and achieving redress for human rights abuses. Although ethics training is a component of current programmes, regrettably, human rights training is not included in the curricula for health professionals in Australia. The practice of health professionals has a bearing upon the various aspects of the enjoyment of the right to health such as confidentiality, consent and access to treatment. Lack of human rights training may result in violations of patients’ human rights. I therefore call upon the Government to include obligatory human rights training in the curricula for health professionals.

During my mission, I met many people of good will and incredible commitment, genuinely concerned about the human rights of all Australians. However, this mission has confirmed for me that the realisation of the right to health of some Australians, especially those in detention and Aboriginal and Torres Strait Islanders remains a significant challenge to the nation. Guaranteeing human rights protections through supportive legal and policy frameworks alongside practical, targeted interventions that place empowerment and meaningful community engagement at their centre are necessary to ensure the right to health for all Australians.

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Statement of the Special Rapporteur on the situation of
human rights and fundamental freedoms of Indigenous people, James Anaya, as he concludes his visit to Australia

Canberra/Geneva, 27 August 2009

The Government of Australia is to be commended for taking significant steps to improve the human rights and socio-economic conditions of the Aboriginal and Torres Strait Islander peoples of Australia, as well as for its recent expression of support for United Nations Declaration on the Rights of Indigenous Peoples and for its apology to the victims of the Stolen Generation. After several days in Australia listening and learning, however, I have observed a need to develop new initiatives and reform existing ones – in consultation and in real partnership with Indigenous peoples – to conform with international standards requiring genuine respect for cultural integrity and self-determination.

Over the past 11 days, I have met with Government authorities, representatives of Indigenous communities and organisations, and others, in Canberra, South Australia, Western Australia, the Northern Territory, Queensland and New South Wales. I have visited a number of Indigenous communities in both remote and urban areas, and have collected information from several sources. I would like to express my appreciation for the support of the Government and to the Indigenous individuals and organisations that provided indispensible support in planning and coordinating the visit. I would also like to express my appreciation to the United Nations Information Centre.

While I must now take some time to review and analyse the substantial amount of information I have received, and to follow up with further exchanges of information with the Government, Indigenous peoples of Australia, and other sources, I would like to provide here a few preliminary observations.

During my time in Australia, I have been impressed with demonstrations of strong and vibrant Indigenous cultures and have been inspired by the strength, resilience and vision of Indigenous communities determined to move toward a better future despite having endured tremendous suffering at the hands of historical forces and entrenched racism. It is clear that these historical forces continue to make their presence known today, manifesting themselves in serious disparities between Indigenous and non-Indigenous parts of society, including in terms of life expectancy, basic health, education, unemployment, incarceration, children placed under care and protection orders, and access to basic services.

Given these disparities, the Government has developed and implemented a number of important initiatives in order to “close the gap” of Indigenous disadvantage within a wide range of social and economic areas, with a stated emphasis on women and children, and these programmes must continue to be improved and strengthened. I would also like to stress that I have learned of numerous programmes in place by Indigenous authorities and organisations at the local, regional and national levels that have been working effectively to address the many problems that their communities face.

Aspects of the Government’s initiatives to remedy situations of Indigenous disadvantage, however, raise concerns. Of particular concern is the Northern Territory Emergency Response, which by the Government’s own account is an extraordinary measure, especially in its income management regime, imposition of compulsory leases, and community-wide bans on alcohol consumption and pornography. These measures overtly discriminate against aboriginal peoples, infringe their right of self-determination and stigmatize already stigmatized communities.

I would like to stress that affirmative measures by the Government to address the extreme disadvantage faced by Indigenous peoples and issues of safety for children and women are not only justified, but they are in fact required under Australia’s international human rights obligations. However, any such measure must be devised and carried out with due regard of the rights of Indigenous peoples to self-determination and to be free from racial discrimination and indignity.

In this connection, any special measure that infringes on the basic rights of Indigenous peoples must be narrowly tailored, proportional, and necessary to achieve the legitimate objectives being pursued. In my view, the Northern Territory Emergency Response is not. In my opinion, as currently configured and carried out, the Emergency Response is incompatible with Australia’s obligations under the Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, treaties to which Australia is a party, as well as incompatible with the Declaration on the Rights of Indigenous Peoples, to which Australia has affirmed its support.

I note with satisfaction that a process to reform the Emergency Response is currently underway and that the Government has initiated consultations with Indigenous groups in the Northern Territory in this connection. I hope that amendments to the Emergency Response will diminish or remove its discriminatory aspects and adequately take into account the rights of aboriginal peoples to self determination and culture integrity, in order to bring this Government initiative in line with Australia’s international obligations. Furthermore, I urge the Government to act swiftly to reinstate the protections of the Racial Discrimination Act in regard to the Indigenous peoples of the Northern Territory.

Beyond the matter of the Northern Territory Emergency Response, I am concerned that there is a need to incorporate into government programmes a more holistic approach to addressing Indigenous disadvantage across the country, one that is compatible with the objective of the United Nations Declaration of securing for Indigenous peoples, not just social and economic wellbeing, but also the integrity of Indigenous communities and cultures, and their self-determination.

This approach must involve a real partnership between the Government and the Indigenous peoples of Australia, to move towards a future, as described by Prime Minister Rudd in his apology to Indigenous peoples last year, that is “based on mutual respect, mutual resolve and mutual responsibility,” and that is also fully respectful of the rights of Aboriginal and Torres Straight Islander peoples to maintain their distinct cultural identities, languages, and connections with traditional lands, and to be in control of their own destinies under conditions of equality.

Given what I have learned thus far, it would seem to me that the objectives of the closing the gap campaign, the Emergency Response, and other current initiatives and proposed efforts of the Government will be best achieved in partnership with Indigenous peoples’ own institutions and decision-making bodies, which are those that are most familiar with the local situations. It is worth stressing that during my visit, I have observed numerous successful Indigenous programmes already in place to address issues of alcoholism, domestic violence, health, education, and other areas of concern, in ways that are culturally appropriate and adapted to local needs, and these efforts need to be included in and supported by the Government response, both logistically and financially. In particular, it is essential to provide continued funding to programmes that have already demonstrated achievements.

I did observe a number of Government partnerships with local initiatives that appear to be succeeding, but I also heard many accounts of situations in which Government programmes fail to take into account existing local programmes already in place, hampering their ultimate success. In this connection, I am concerned about any initiatives that duplicate or replace the programmes of Aboriginals and Torres Straight Islanders already in place, or that undermine local decision-making through Indigenous peoples’ own institutions. In addition, international human rights norms, including those contained in the United Nations Declaration, affirmatively guarantee the right of Indigenous peoples to participate fully at all levels of decision-making in matters which may affect their rights, lives and destinies, as well as to maintain and develop their own decision-making institutions and programmes. Further, adequate options and alternatives for socio-economic development and violence prevention programmes should be developed in full consultation with affected Indigenous communities and organisations.

It is also necessary to ensure the meaningful, direct participation of Aboriginal and Torres Straight Islander peoples in the design of programmes and policies at the national level, within a forum that is genuinely representative of the rights and interests of Indigenous peoples. In this regard, I welcome the initiative that is supported by the Government to move towards development of a model for a new national Indigenous representative body and emphasise that Indigenous participation in the development of this body is fundamental.

At the same time, I would like to echo the statements I have heard from Indigenous leaders of the need for Indigenous peoples themselves to continue to strengthen their own organisational and local governance capacity, in order to meet the challenges faced by their communities, and in this connection I note the importance of restoring or building strong and healthy relationships within families and communities.

I would also note a need to move deliberately to adopt genuine reconciliation measures, such as the proposed recognition of the rights of Aboriginal and Torres Straight Islander peoples in a charter of rights to be included in the Constitution. I am pleased that the Government has expressed its willingness in this regard, and I urge it to provide a high priority to this initiative. As has been stressed to me by the Indigenous representatives with whom I have met, constitutional recognition and protection of the rights of Aboriginal and Torres Straight Islander peoples would provide a measure of long-term security for these rights, and provide an important building block for reconciliation and a future of harmonious relations between Indigenous and non-Indigenous parts of Australian society.

Furthermore, it is important to note that securing the rights of Indigenous peoples to their lands is of central importance to Indigenous peoples’ socio-economic development, self-determination, and cultural integrity. Continued efforts to resolve, clarify, and strengthen the protection of Indigenous lands and resources should be made. In this regard, government initiatives to address the housing needs of Indigenous peoples, should avoid imposing leasing or other arrangements that would undermine Indigenous peoples’ control over their lands. I also urge the Government to comply with the recommendations concerning Indigenous lands and resources made by the treaty-monitoring bodies of the United Nations, including the recommendation of the Committee on the Elimination of Racial Discrimination to advance in discussions with Aboriginal and Torres Straight Islanders about possible amendments to the Native Title Act and finding solutions acceptable to all.

Finally, I would like to reiterate the importance of the United Nations Declaration on the Rights of Indigenous Peoples for framing and evaluating legislation, policies, and actions that affect the Aboriginal and Torres Strait Islanders Peoples. The Declaration expresses the global consensus on the rights of Indigenous peoples and corresponding state obligations on the basis of universal human rights. I recommend that the Government undertake a comprehensive review of all its legislation, policies, and programmes that affect Aboriginal and Torres Strait Islanders in light of the Declaration.

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THE WURUNDJERI CULTURE RESOURCE KIT

IS NOW AVAILABLE ON DISC

The Wurundjeri Culture Resource Kit has been completely updated and is now available on CD-ROM.

The kit is primarily targeted at children in the primary years, and as the title implies it is particularly relevant to the Yarra Valley and surrounding areas – Wurundjeri country.

However, other regions would find much that is relevant, and would also see ways in which they would be able to particularise it to their areas.

You can download a preview of the first ten pages here (1MB pdf file). The CD-ROM includes files to print a board game up to A2 size.

The price of the kit for individuals, churches and Indigenous organisations is $30; for others – such as institutions, schools and local councils – it is $50.

Please contact the Secretary for further information.

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