<<2005>>
Recommendations
Chapter 1 : Introduction = 1
Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach = 9
Chapter 3 : Progress in implementing the new arrangements for the administration of Indigenous affairs - Ensuring the effective participation of Aboriginal and Torres Strait Islander peoples in decision-making processes = 99
Appendix 1 : Chronology of events relating to the new arrangements for the administration of Indigenous affairs, 1 July 2004 ? 30 June 2005 = 225
Appendix 2 : Summary of each ATSIC Regional Plan = 271
Appendix 3 : Summary of obligations agreed in Shared Responsibility Agreements to 30 June 2005 = 343
Appendix 4 : An overview of the right to the highest attainable standard of health = 363
<<2006>>
Chapter 1: Introduction = 1
What makes good Indigenous policy? = 2
. A commitment to human rights 3
. Engagement and participation of Indigenous peoplesin policy making 6
. A capacity building and community development approach 8
. Supporting sound Indigenous governance 9
. Fostering and recognising leadership 10
. A learning framework / planning for implementation 11
. Needs based funding and planning processes 12
. Monitoring and evaluation 13
. A culture of implementation and government accountability 13
Reflections on the current policy frameworkfor Indigenous affairs = 15
Contents of the Social Justice Report 2006 18
Chapter 2: The new arrangements for Indigenous affairs . facilitating Indigenous access to government services = 21
Part 1: The challenge of ensuring equal access to mainstream services for Indigenous peoples = 22
Background . the new arrangements for the administration of Indigenous affairs 22
Indigenous disadvantage and human rights 24
The challenge of improving Indigenous access to mainstream services 28
The situation of urban Indigenous peoples .a particular concern 33
A case study: withdrawal of CDEP from urban and certain regional
centres and abolition of Indigenous Employment Centres 38
The Council of Australian Governments (COAG) Trials 48
Post COAG trials . another ‘new’ approach 57
Summary: The challenges of achieving equitable access to mainstream services for Indigenous peoples 68
Part 2: ‘Harnessing the mainstream’ through the new arrangements for Indigenous affairs 69
. Indigenous Coordination Centres and solution brokers 69
. Reducing ‘red tape’ through funding processes 74
. Shared Responsibility Agreements 77
. Comprehensive SRAs, Regional Partnership Agreements and ‘intensive interventions’ 81
Issues concerning engagement with Indigenous communities 84
. The absence of regional representative structures . a flaw in the new arrangements 84
. The importance of direct engagement with Indigenous communities 87
. Defining Indigenous ‘communities’ 89
. Capacity building 90
The changing role of the Office of Indigenous Policy Coordination (OIPC) 91
Monitoring and evaluation mechanisms . ensuring accountability for the new arrangements 96
Part 3: Conclusions and recommendations 102
Chapter 3: Addressing the fundamental flaw of the new arrangements for
Indigenous affairs. the absence of principled engagement with
Indigenous peoples 107
Developments in ensuring the ‘maximum participation of Aboriginal
persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them’ 108
The importance of regional Indigenous participatory mechanisms in the new arrangements 108
Progress in supporting Indigenous engagement at the regional level 111
Indigenous participation in decision making at the national level 119
Indigenous participation in determining priorities for intergovernmental cooperation 126
Engagement with Indigenous peoples at the local level . Indigenous perspectives on Shared Responsibility Agreements 129
Why focus on SRAs? 129
Findings of the national survey of Indigenous communities that have entered into Shared Responsibility Agreements 132
. Introduction and Survey methodology 132
. Key Features of SRAs . Survey responses 133
. Obligations contained in SRAs 136
. Monitoring process for the SRA 140
. The negotiation process for the SRA 140
. Delivery of commitments and community satisfaction with the SRA process 147
. Lessons learnt from entering a SRA 151
. Survey conclusions 152
Chapter 4: International developments on the rights of indigenous peoples -Closing the ‘protection gap’ = 179
International developments on the rightsof indigenous peoples 180
1) United Nations Reform and human rights 181
. The ‘In larger freedom’ report and World Summit 181
. The creation of the Human Rights Council 185
. Indigenous participation in the processes of the Human Rights Council 189
. Integrating human rights across the activities of the United Nations 197
2) The making of global commitments to action . The Millennium
Development Goals and the Second International Decade of the World’s Indigenous People 207
. The Millennium Development Goals and Indigenous peoples 209
. The Second International Decade of the World’s Indigenous People 220
3) Developments in recognition of the rights of Indigenous Peoples 224
4) Summary of international developments . the current situation 242
. UN Reform processes 242
. The mainstreaming of human rights across the UN and participatory development practices 243
. Global commitments to action: The MDG’s and Indigenous peoples 245
. Global commitments to action: The Second International Decade of the World’s Indigenous People 246
. Recognition of Indigenous specific rights 247
Closing the ‘protection gap’ . Implementing a human rights based approach to Indigenous policy and service delivery in Australia 249
. The ‘protection gap’ in Australia 250
. Bridging the ‘protection gap’ . the role of NGOs and the Indigenous community sector 253
Conclusion and recommendations 256
Appendix 1: Chronology of events relating to the administration of Indigenous
affairs: 1 July 2005 . 30 June 2006 259
Appendix 2: Summary of the Social Justice Commissioner’s main findings and
messages on ending family violence and abuse in Indigenous
communities 325
Appendix 3: Shared Responsibility Agreements Survey form 345
Appendix 4: Second International Decade of the World’s Indigenous People 363
Recommendations
Chapter 1 : Introduction = 1
Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach = 9
Chapter 3 : Progress in implementing the new arrangements for the administration of Indigenous affairs - Ensuring the effective participation of Aboriginal and Torres Strait Islander peoples in decision-making processes = 99
Appendix 1 : Chronology of events relating to the new arrangements for the administration of Indigenous affairs, 1 July 2004 ? 30 June 2005 = 225
Appendix 2 : Summary of each ATSIC Regional Plan = 271
Appendix 3 : Summary of obligations agreed in Shared Responsibility Agreements to 30 June 2005 = 343
Appendix 4 : An overview of the right to the highest attainable standard of health = 363
<<2006>>
Chapter 1: Introduction = 1
What makes good Indigenous policy? = 2
. A commitment to human rights 3
. Engagement and participation of Indigenous peoplesin policy making 6
. A capacity building and community development approach 8
. Supporting sound Indigenous governance 9
. Fostering and recognising leadership 10
. A learning framework / planning for implementation 11
. Needs based funding and planning processes 12
. Monitoring and evaluation 13
. A culture of implementation and government accountability 13
Reflections on the current policy frameworkfor Indigenous affairs = 15
Contents of the Social Justice Report 2006 18
Chapter 2: The new arrangements for Indigenous affairs . facilitating Indigenous access to government services = 21
Part 1: The challenge of ensuring equal access to mainstream services for Indigenous peoples = 22
Background . the new arrangements for the administration of Indigenous affairs 22
Indigenous disadvantage and human rights 24
The challenge of improving Indigenous access to mainstream services 28
The situation of urban Indigenous peoples .a particular concern 33
A case study: withdrawal of CDEP from urban and certain regional
centres and abolition of Indigenous Employment Centres 38
The Council of Australian Governments (COAG) Trials 48
Post COAG trials . another ‘new’ approach 57
Summary: The challenges of achieving equitable access to mainstream services for Indigenous peoples 68
Part 2: ‘Harnessing the mainstream’ through the new arrangements for Indigenous affairs 69
. Indigenous Coordination Centres and solution brokers 69
. Reducing ‘red tape’ through funding processes 74
. Shared Responsibility Agreements 77
. Comprehensive SRAs, Regional Partnership Agreements and ‘intensive interventions’ 81
Issues concerning engagement with Indigenous communities 84
. The absence of regional representative structures . a flaw in the new arrangements 84
. The importance of direct engagement with Indigenous communities 87
. Defining Indigenous ‘communities’ 89
. Capacity building 90
The changing role of the Office of Indigenous Policy Coordination (OIPC) 91
Monitoring and evaluation mechanisms . ensuring accountability for the new arrangements 96
Part 3: Conclusions and recommendations 102
Chapter 3: Addressing the fundamental flaw of the new arrangements for
Indigenous affairs. the absence of principled engagement with
Indigenous peoples 107
Developments in ensuring the ‘maximum participation of Aboriginal
persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them’ 108
The importance of regional Indigenous participatory mechanisms in the new arrangements 108
Progress in supporting Indigenous engagement at the regional level 111
Indigenous participation in decision making at the national level 119
Indigenous participation in determining priorities for intergovernmental cooperation 126
Engagement with Indigenous peoples at the local level . Indigenous perspectives on Shared Responsibility Agreements 129
Why focus on SRAs? 129
Findings of the national survey of Indigenous communities that have entered into Shared Responsibility Agreements 132
. Introduction and Survey methodology 132
. Key Features of SRAs . Survey responses 133
. Obligations contained in SRAs 136
. Monitoring process for the SRA 140
. The negotiation process for the SRA 140
. Delivery of commitments and community satisfaction with the SRA process 147
. Lessons learnt from entering a SRA 151
. Survey conclusions 152
Chapter 4: International developments on the rights of indigenous peoples -Closing the ‘protection gap’ = 179
International developments on the rightsof indigenous peoples 180
1) United Nations Reform and human rights 181
. The ‘In larger freedom’ report and World Summit 181
. The creation of the Human Rights Council 185
. Indigenous participation in the processes of the Human Rights Council 189
. Integrating human rights across the activities of the United Nations 197
2) The making of global commitments to action . The Millennium
Development Goals and the Second International Decade of the World’s Indigenous People 207
. The Millennium Development Goals and Indigenous peoples 209
. The Second International Decade of the World’s Indigenous People 220
3) Developments in recognition of the rights of Indigenous Peoples 224
4) Summary of international developments . the current situation 242
. UN Reform processes 242
. The mainstreaming of human rights across the UN and participatory development practices 243
. Global commitments to action: The MDG’s and Indigenous peoples 245
. Global commitments to action: The Second International Decade of the World’s Indigenous People 246
. Recognition of Indigenous specific rights 247
Closing the ‘protection gap’ . Implementing a human rights based approach to Indigenous policy and service delivery in Australia 249
. The ‘protection gap’ in Australia 250
. Bridging the ‘protection gap’ . the role of NGOs and the Indigenous community sector 253
Conclusion and recommendations 256
Appendix 1: Chronology of events relating to the administration of Indigenous
affairs: 1 July 2005 . 30 June 2006 259
Appendix 2: Summary of the Social Justice Commissioner’s main findings and
messages on ending family violence and abuse in Indigenous
communities 325
Appendix 3: Shared Responsibility Agreements Survey form 345
Appendix 4: Second International Decade of the World’s Indigenous People 363