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Social Justice Report 2005

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Social Justice Report 2005 Aboriginal & Torres Strait Islander Recent publications of the Human Rights Social Justice Commissioner and Equal Opportunity Commission REPORTS n Human Rights and Equal Opportunity Commission Annual Report 2004-05 The position of Aboriginal and Torres Strait Islander Social Justice Commissioner was established n Striking the Balance: Women, men, work and family Discussion Paper within the Human Rights and Equal Opportunity Commission in 1993 to carry out the following n Federal Discrimination Law 2005 (Sex Discrimination Commissioner) functions: n Social Justice Report 2004 (Aboriginal and Torres Strait Islander Social Justice Commissioner) (1) Report annually on the enjoyment and exercise of human rights by Aboriginal peoples n Native Title Report 2004 (Aboriginal and Torres Strait Islander Social Justice Commissioner) and Torres Strait Islanders, and recommend where necessary on the action that should n Voices of Australia: 30 Years of the Racial Discrimination Act (Race Discrimination Commissioner) be taken to ensure these rights are observed. n Face the Facts – Countering myths about Refugees, Migrants and Indigenous People (2005) (Race Discrimination Commissioner) (2) Promote awareness and discussion of human rights in relation to Aboriginal peoples n Interim Report of the national inquiry into Employment and disability, entitled ‘WORKability: and Torres Strait Islanders. people with disability in the open workplace’ (2005) (Disability Discrimination Commissioner) (3) Undertake research and educational programs for the purposes of promoting respect n Not for Service: Experiences of Injustice and Despair in Mental Health Care in Australia – A report for, and enjoyment and exercise of, human rights by Aboriginal peoples and Torres Strait of the consultations by the Mental Health Council of Australia and the Brain and Mind Institute in association with the Human Rights and Equal Opportunity Commission (2005) Islanders. n On The Record: Guidelines for the prevention of discrimination in employment on the basis (4) Examine and report on enactments and proposed enactments to ascertain whether or of criminal record (2005) (Human Rights Commissioner) not they recognise and protect the human rights of Aboriginal peoples and Torres Strait n Rights of Passage: A Dialogue with Young Australians about Human Rights (2005) Islanders. (Human Rights Commissioner) Muslim and Arab against prejudice eliminating on Consultations National Listen: – ع Isma n The Commissioner is also required, under Section 209 of the Native Title Act 1993, to report Australians (2004) (Race Discrimination Commissioner) annually on the operation of the Native Title Act and its effect on the exercise and enjoyment of human rights by Aboriginal peoples and Torres Strait Islanders. GENERAL INFORMATION/BROCHURES n The Human Rights and Equal Opportunity Commission: An overview of the Commission’s role, function and legislation plus publications and contact details For information on the work of the Social Justice Commissioner please visit the n The Complaint Guide: An introduction for people considering making a complaint, or responding HREOC website at: http://www.humanrights.gov.au/social_justice/index.html to a complaint, before the Human Rights and Equal Opportunity Commission n Brochure: All about age discrimination The Social Justice Commissioner can be contacted at the following address: n ‘Good practice, good business’ resources for employers – includes website, cd-rom and a range of brochures Aboriginal & Torres Strait Islander Social Justice Commissioner Level 8, Piccadilly Tower, 133 Castlereagh Street Please forward requests for publications to: GPO Box 5218 Publications Officer, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney NSW 2000 Sydney NSW 2000 Email: [email protected] Phone: (02) 9284 9672 Toll Free: 1300 369 711 Fax: (02) 9284 9611 Telephone: (02) 9284 9600 For detailed and up to date information about HREOC visit our website at: www.humanrights.gov.au Facsimile: (02) 9284 9715 The HREOC website contains submissions and transcripts of current HREOC inquiries; publications; speeches; E-mail: [email protected] a complaints help page; information for school children; an internet guide to human rights and information about HREOC Commissioners. Social Justice Report 2005 Human Rights and Equal Opportunity Commission Social Justice Report 2005 Aboriginal & Torres Strait Islander Social Justice Commissioner Report of the Aboriginal & Torres Strait Islander Social Justice Commissioner to the Attorney-General as required by section 46C (1)(a) Human Rights & Equal Opportunity Commission Act 1986. © Human Rights and Equal Opportunity Commission. This work is copyright. Apart from any use permitted under the Copyright Act 1968 (Cth), no part may be reproduced without prior written permission from the Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission. Requests and inquiries concerning the reproduction of materials should be directed to the Executive Director, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney, NSW, 2000. ISSN 1321-11 Cover Design and Desktop Publishing by Jo Clark Printed by JS McMillan Printing Group The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff (Janis Constable, Darren Dick, Janet Drummond, Greg Holden, Christopher Holland and Natalie Walker) in producing this report. He also thanks Professor Ian Anderson, Dr Ngiare Brown, Mr Steven Larkin and Dr Sophie Couzos of the National Aboriginal Community Controlled Health Organisation for their comments in relation to chapter 2. Artist Acknowledgement Cover photograph by Heide Smith, Angelina and Baby, Bathurst Island, 2004. Copyright © Heide Smith. About the Social Justice Commission logo The right section of the design is a contemporary view of traditional Dari or head-dress, a symbol of the Torres Strait Island people and culture. The head-dress suggests the visionary aspect of the Aboriginal and Torres Strait Islander Social Justice Commission. The dots placed in the Dari represent a brighter outlook for the future provided by the Commission’s visions, black representing people, green representing islands and blue representing the seas surrounding the islands. The Goanna is a general symbol of the Aboriginal people. The combination of these two symbols represents the coming together of two distinct cultures through the Aboriginal and Torres Strait Islander Commission and the support, strength and unity which it can provide through the pursuit of Social Justice and Human Rights. It also represents an outlook for the future of Aboriginal and Torres Strait Islander Social Justice expressing the hope and expectation that one day we will be treated with full respect and understanding. © Leigh Harris Human Rights and Equal Opportunity Commission 22 November 2005 The Hon Philip Ruddock MP Attorney-General Parliament House Canberra ACT 2600 Dear Attorney I am pleased to present to you the Social Justice Report 2005. The report is provided in accordance with section 46C(1)(a) of the Human Rights and Equal Opportunity Commission Act 1986. This provides that the Aboriginal and Torres Strait Islander Social Justice Commissioner is to submit a report regarding the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders, and including recommendations as to the action that should be taken to ensure the exercise and enjoyment of human rights by those persons. The report analyses the current approach to Aboriginal and Torres Strait Islander health and proposes a campaign to achieve equality in health status (Chapter 2 and Appendix 4) and considers the initial impact of the new arrangements for the administration of Indigenous affairs (Chapter 3 and Appendices 1, 2 and 3). The report includes five recommendations and also identifies five actions that I will continue to monitor over the coming year. I look forward to discussing the report with you. Yours sincerely Tom Calma Aboriginal and Torres Strait Islander Social Justice Commissioner Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner Level 8, Piccadilly Tower, 133 Castlereagh Street, Sydney, NSW 2000 GPO Box 5218, Sydney, NSW 2000 Telephone: 02 9284 9600 Facsimile: 02 9284 9715 Website: http://www.humanrights.gov.au/social_justice/index.html ABN 47 996 232 602 Contents Chapter 1: Introduction 1 A new approach to Indigenous affairs 1 Developments over the past year – work of the Social Justice Commissioner 4 Contents of the Social Justice Report 2005 6 Looking forward – a focus on engagement practices 7 Chapter 2: Achieving Aboriginal and Torres Strait Islander health equality within a generation – A human rights based approach 9 1. The challenge – addressing Aboriginal and Torres Strait Islander health inequality 10 2. An overview of the health status of Aboriginal and Torres Strait Islander peoples 17 a) The health status of Aboriginal and Torres Strait Islander peoples 17 b) Equality of opportunity in relation to health 21 c) Social determinants of health status 23 3. Existing policy approaches for improving the health status of Aboriginal and Torres Strait Islander peoples 30 a) The commitments of the Council of Australian Governments to address Indigenous disadvantage 30 b) Commitments to address Aboriginal and Torres Strait Islander health inequality at the inter-governmental
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