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1995 Global Cultural Diversity Conference Proceedings, Sydney

Plenary Session: A Political Voice, a Precondition for Stability

The Australian Indigenous Experience

Miss Lois O'Donoghue CBE AM
Chairperson of the Aboriginal and Torres Strait Islander Commission, Australia

This conference could not have come at a more opportune time. Never before have indigenous affairs been so prominent in the nation's news media, or of such high standing on the political and community agenda. Recently, we have seen unprecedented public and media attention given to the High Court's Native Title decision and the Australian Government's program to implement that historic decision.

We are meeting in Australia at a time of great change, a time of great promise and opportunity. For we are approaching the centenary of Australian nationhood, the centenary of federation and the Constitution.

There is at present the beginnings of a vigorous debate in our parliaments and in the community about our national aspirations, about the kind of society we wish to achieve.

Australia is a new and young society compared with many others and one that has been struggling to find its identity. It is an exciting society, one that has drawn people from all over the world, a society made rich by many cultures.

We have a society which is one of the most diverse in the world. This should be a source of considerable pride because at the end of the twentieth century we have achieved a society which is rich in its diversity and one that is increasingly tolerant and welcoming of this diversity.

It has not always been this way. In fact for most of the European history of this country, the society was characterised by a derived and narrow culture with a profound intolerance of diversity, an Australia with a racist "white Australia" policy and, sadly, a terrible contempt for the neglect of the indigenous people of this continent, a conservative and isolated society. I can only marvel at the changes that have occurred.

From an indigenous perspective, the most important change has been the High Court's Mabo decision on native title. This decision changed forever the way Australians viewed their history for the High Court overthrew the long-believed notion that the continent was no one's land or terra nullius at the time of British settlement.

That widely held and false view of history has been the source of terrible suffering for my people. We have endured nearly two centuries of an extraordinarily callous treatment of indigenous people based on an appalling ignorance, a terrible racism that resulted in indigenous people being relegated to a miserable position at the bottom of Australian society.

It needs to be understood that indigenous people have suffered two centuries of oppression and terrible conflict which spread across this continent and devastated our people. My people, the Aboriginal people, have lived on this continent for more than 50,000 years. Our culture is the oldest surviving culture in the world.

With the arrival of the British colonists, 207 years ago, my people were dispossessed of their land without the benefit of a treaty, agreement or compensation. The loss of our land meant the destruction of our economy and much of our culture.

We share with many indigenous peoples throughout the world a similar history, a history of brutality and exploitation. The assault on our people included massacres, torture, diseases and dispossession and dispersal from our lands.

Throughout most of the white history of this continent, it has meant the domination of our people and the denial of our basic human rights. It has meant a history of racism which has permeated Australia's national institutions. Our survival has been against overwhelming odds.

Unfortunately this past has a continuing legacy into the present. On all social indicators, Aboriginal and Torres Strait Islander people remain the most disadvantaged of Australians. The National Aboriginal and Torres Strait Islander Survey released by the Australian Bureau of Statistics earlier this year clearly shows this inequality. The survey provides us with a disturbing picture of the plight of many indigenous Australians.

For instance:

  • Aboriginal people still have a life expectancy 15 to 20 years less than other Australians;
  • unemployment is four times that of other Australians and income levels are about half;
  • the indigenous imprisonment rate is 27 times higher;
  • Aboriginal infant mortality is three times higher;
  • our people are imprisoned by poverty, poor education and appalling health conditions.

More Australians are aware of this and more are demanding action. There may finally be the political will to tackle these problems. There is now a vigorous debate on indigenous rights to land and discussion on the important social justice issues, issues such as Aboriginal health, the treatment of indigenous people by the criminal justice system, lack of access to basic services and the fundamental question of the economic empowerment of indigenous people.

The Australian nation has also embarked upon a process of reconciliation between indigenous and non-indigenous Australians, a process which has the support of all governments and political parties.

An important part of the reconciliation process is to educate all Australians about indigenous people, the reality of the past and the present.

The change has only been very recent. Historically speaking, it is only a few short years since Australian governments and Australians generally have begun to address the catastrophic effects of some two hundred years of brutal oppression and maltreatment of the original occupants of this land. The significance of this is that, despite the best efforts of both indigenous and non-indigenous people, there is no easy quick fix.

You need to know that Aboriginal people did not become part of the Commonwealth of Australia until the Constitutional (Aboriginal) Referendum in 1967, just years ago. Until the referendum changed things, the Australian Commonwealth Parliament did not represent our people.

The Constitution upon which Australia was founded in 1901 denied the humanity of our indigenous people. Many people campaigned to change this and Australians voted overwhelmingly to rid the Constitution of its racist exclusions of indigenous people. However, the Australian Constitution still does not acknowledge the existence of our people.

What we seek is appropriate recognition in the Constitution of our status as the first Australians. This needs to be acted upon urgently because we have only a short five and a half years until the centenary of federation.

I have a sense of optimism when I look to the future. I think there has been a major change in attitudes. For instance there is now a new willingness on the part of Aboriginal and Torres Strait Islander people and non-indigenous people to co-operate in solving problems.

More Australians are now aware of the significant contribution being made by indigenous people to the development of this nation. Amongst our people there has been a remarkable resurgence of our distinctive cultures and a pride in our achievements.

Moreover, fundamental changes have occurred in our relationship with government. We have seen a major policy shift by governments in the administration of indigenous affairs. This change has been a radical one, from assimilation for Aboriginal and Torres Strait Islander people to self-management and self-determination, now the cornerstone of government policy.

The most significant achievement in this area has been the establishment in March 1990 of the Aboriginal and Torres Strait Islander Commission (ATSIC), of which I am the Chairperson. For the first time in Aboriginal and Torres Strait Islander affairs, indigenous Australians were given the right to make decisions affecting their lives. ATSIC was the culmination of almost 20 years of Commonwealth Government involvement in indigenous affairs and represents a radical departure from the bureaucracies and advisory committees of the past. No other country has a similar body to allow indigenous people to determine the public administration of their own affairs.

ATSIC as the main Commonwealth Government agency, the premier policy-making body in indigenous affairs, is responsible for administering many Commonwealth programs for indigenous Australians. What makes ATSIC so different is that it is an organisation run by the elected representatives of Aboriginal and Torres Strait Islander people. The basis of ATSIC is the 34 elected Regional Councils throughout Australia who decide on the priorities, needs and funding allocations. In this way indigenous Australians participate in the processes of government.

Not all Australians support this. Over the past month prominent people in the media have maintained a sustained attack on the principle of indigenous self-determination. These people do not see the importance of indigenous people making the decisions about the programs and policies which affect us, at both the local and national level. They do not see that the policies of the past have failed indigenous people.

ATSIC Regional Councils work closely with their communities; they draw up and carry out regional plans for improving the social, economic and cultural life of local Aboriginal and Torres Strait Islander people. One such Regional Council, the Torres Strait Regional Council, was established as an autonomous statutory authority on the first of July last year.

The Torres Strait Regional Authority performs all the functions of ATSIC in the Torres Strait and is a significant step forward in achieving self-determination for the people of the Torres Strait.

We are well on the way to effectively decentralising the administration of indigenous affairs in this country. It will not be very long before we will see a whole network of self-governing regional indigenous authorities throughout Australia with real self-determination and hence control over their own affairs. The days when policies and programs could be determined and implemented in Canberra are numbered.

Indigenous people have put to the Australian Government a radical reform agenda. Last month, after a most comprehensive series of consultations with indigenous people throughout Australia, ATSIC presented its report on Native Title Social Justice measures to the government. The report calls for major changes which indigenous people regard as important for the development of a social justice package as the third part of the Government's response to the High Court's decision on native title. In the report we highlight the need for constitutional recognition of indigenous people, the negotiation of a treaty, protection of indigenous rights, compensation and regional autonomy. This report is not about dividing the nation. It is about recognition of the unique place of Aboriginal and Torres Strait Islander people in Australian society today and the realities of history and our dispossession. The emphasis is on indigenous rights and citizenship entitlements.

Some will find these issues difficult. Certainly some of the issues we raise are complex and there will need to be open debate and negotiation. Governments will need time to consider our proposals. Discussion with the community is, of course, fundamental.

What indigenous people are seeking is a commitment and a determination by governments and people to enter into a dialogue with us, a dialogue we hope will lead to real reform.

Our social justice proposals cannot be quantified in dollar terms. They do not constitute a demand for large amounts of extra funding. Rather, we seek reforms that will recognise the fundamental rights and entitlements of indigenous people.

There are two sets of rights we are seeking: first, the normal citizenship or equality rights that indigenous people share with all Australians; and second, the distinctive rights we have as the first Australians.

Citizenship rights was the catchcry of Aboriginal activists in the 1930s and again in
the 1960s.

For many years now we have had formal equality with other Australians. But not equality in practice. We still do no receive an equal share of what governments provide.

For most of Australia's history, indigenous people were deemed to have no legal rights to the land on which they have lived, and cared for, for so long. There were no negotiations and there were no treaties. There was no recognition that we were (and still are) a people with distinctive cultures.

Australians are only now coming to terms with this dispossession. It is only in the last few years that people have become aware of indigenous rights. The High Court's historic Mabo decision, the Native Title Act, and the establishment of the Indigenous Land Fund have finally given recognition to indigenous land rights.

The next few years give us an opportunity to reflect on our past and to deal honestly with the present situation. This nation is unlikely to get another chance. It also provides us with an opportunity to look with hope to the future. The past cannot be changed but our future is in our hands.

Indigenous people want a new partnership based upon understanding, co-operation and goodwill. A partnership based on social justice. It requires that the land needs and entitlements of Australia's indigenous peoples are appropriately addressed. We have come a long way with the Native Title Act and the establishment of the Indigenous Land Fund. Despite this, too many of our people are living in 'third world' poverty conditions, unacceptable in a nation as rich as this one.

You are no doubt aware that considerable national and international attention has been focussed on the health needs of indigenous people. The health problems faced by my people are a direct result of the dispossession I spoke about earlier. We must urgently tackle the underlying causes.

There is an enormous backlog of need in indigenous communities, an historic backlog. I am talking about health care services, education, housing, roads, water supplies, sewerage. The need is most acute in remote areas. Other Australians take these services for granted.

Today I have put the emphasis on indigenous rights. For far too long the emphasis was on welfare and this has been detrimental to indigenous people. Indigenous rights encompass such things as:

  • autonomy rights, that is, the right of indigenous groups to determine the way they live;
  • identity rights, the right to exist as distinct peoples and cultures and territory; and
  • resources rights, which cover land entitlements and the use of resources.

These concepts may sound new and strange for some Australians, but there is nothing frightening about them. They are readily accepted in countries similar to ours, such as Canada and the United States. With rights, and the recognition of rights, comes empowerment. It is central to our proposals that policies, institutional structures and legislation should operate to empower indigenous people.

Of course, the ideas of indigenous self-determination and empowerment have been around in Australia for some time. They are self-evident. But we have struggled to give them practical expression within the nation's institutional framework. This will be a major challenge for all Australians. The world community will certainly be watching how we go about this.

Social justice for this continent's original inhabitants, the First Australians, is fundamental to the achievement of a diverse, independent and just Australia. Only then can we have a great celebration of this nation's achievements.

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