A Proposed Framework for Addressing Human Rights Issues Facing Aboriginal and Torres Strait Islanders

Executive Summary

The Aboriginal and Torres Strait Islander peoples of Australia come from years of historical deprivation, discrimination, and racism systematically developed and implemented by the government. Although this issue seems to have been addressed on paper, it is still manifested in the daily lives of these people. This is because they are still being systematically and institutionally racialized in the areas of healthcare, education, social amenities, and others. Therefore, this framework is designed to help them address such an issue by promoting human rights and creating awareness of the needs of this indigenous group. The program features funding from different organizations to create awareness about the issue and its compounding effect on discourse deficiency; partnerships with other organizations and government agencies; and harmony initiatives designed to make society better for all, irrespective of their ethnic alignment. It is expected that quality and careful implementation of the framework will yield similar outcomes to that of the Australian government’s framework on human rights as they have similar features. The researcher’s values, beliefs, and perspective on having a harmonious society helped in shaping the components of this framework.

Introduction

This entry is designed to address human rights and other needs of the Aboriginal and Torres Strait Islander peoples by developing a framework that can aid such an outcome. It starts with a background profile of the indigenous group under consideration, followed by how they have been historically racialized and are still being discriminated against in Australian society. Further discussions centre on the components of the proposed plan; how these components are related to other frameworks developed for addressing issues in an indigenous group; the expected outcome from the framework; how the components of the framework were influenced by the researcher’s values, beliefs, and perspectives; and the ethical issues the framework will address. In essence, the paper looks at addressing the human rights needs of the indigenous Australian group by putting the racism and deficient discourse that they are continually being subjected to into perspective. It is expected that by so doing, the government and society at large will become more committed to creating and sustaining a harmonious society that is devoid of any social damage.

Answer 1: A background profile of the Aboriginal and Torres Strait Islander peoples

The Aboriginal and Torres Strait Islander people represent Australia's indigenous people, which include hundreds of different groups, each with its own distinct history, language, and cultural values.Based on a 2016 record, it is estimated that 3.3% (798,400) of the total Australian population identify as Aboriginal and Torres Strait Islander people (ABS, 2019a). Among those that identified as members of this indigenous group, 91% identified as having Aboriginal origin, 4.8% identified as having Torres Strait Islander origin, and 4.0% identified as having the origin of both Aboriginal and Torres Strait Islander people (ABS, 2019b). Based on the definition propounded by the Australian government, indigenous people are those people who are: descendants of Aboriginal and Torres Strait Islander people; identify as being of Aboriginal and Torres Strait Islander origin; and are accepted as such in their respective communities.

Data on their demographic profile reveals that the indigenous people are relatively young compared to the non-indigenous Australians, as 2020 projections have it that 33% of the indigenous Australians are under 15 years old (compared to 18% of the non-indigenous ones), with 5.2% of them aged 65 and above (compared to the non-indigenous Australians who have 16% of people aged 65 and above) (ABS 2018a, b, 2019a). Indigenous Australians live across all parts of the country, from cities to the desert and remote areas. In any case, the majority of them are more likely to be found in the urban and regional parts of the country. Irrespective of where they live, they pass on their tradition, knowledge, culture, and ceremony from one generation to the other through the protection of significant sites, language, performance, and teachings and storytelling. Land, community, and spirituality are the most important aspects of their emotional and social well-being (AIHW, 2013).

Answer 2: Historical and current adversities experienced by the Aboriginal and Torres Strait Islander peoples

Historically, and still presently, this group of people have faced numerous adversaries. In the early days, the government deployed the doctrine of Terra Nullius to systematically silence the culture and history of the indigenous Australians. It is acknowledged in the country, even among the non-indigenous people, that the history of the indigenous Australians is wrapped in silence (Crotty, 2018). The government consistently designed and implemented programs aimed at wiping them entirely off the Australian map. One of the main reasons why the government used silence to justify such an act was that the majority of indigenous people did not know or understand their history (Haebich, 2015).Although one cannot clearly state whether or not this view has changed, it was established in the NSW State School systems in Australia, from the 1970s to 1980s, that the system employed tragic recitation and deception of the settler’s so-called "discovery" of Australia, and students from that era were not taught anything about the indigenous people, especially cases of how they resisted the occupation of their land by the European invaders. Records also show that the Aboriginal Australians started experiencing cardiovascular and other related diseases following the arrival of the European settlers, pointing to a potential program designed to deteriorate their health status and possibly eliminate their race entirely (Maddison, 2013). The indigenous Australians were also used as substitutes for serfs in the pastoral industry, and they were never allowed to enjoy the benefit of general enfranchisement that all other states in the Commonwealth enjoy for voting until 1965. To make matters worse, these people were never considered to be citizens of Australia until the arrival of the 1967 Constitution referendum (Pascoe, 2018). To be precise, the indigenous Australians were deprived of their sovereignty and subjected to all forms of systematic segregation as well as denied the power to own any land in Australia, down to the 1992 High Court decision on terra nullius (Evans, 2009; Shepherd, 2018; Haebich, 2015; Crotty, 2018; Van Der Walle, 2018; Wright, 2017).

This institutionalized racism against Aboriginal and Torres Strait Islander peoples continues to this day.This adversary is still evidenced in healthcare funding, where the overall funding of healthcare services for Aboriginal people does not commensurate with their extra health needs (Australian Institute of Health and Welfare, 2001). Their health is generally poor and much worse than that of non-indigenous Australians, as their life expectancy from birth is 21 years less for men and 19 years less for women when compared to their non-indigenous counterparts. Also established is the fact that 6.8% of their males die in infancy, while only 1% of similar deaths occur in other races. The same death occurs at a rate of 6.7% in Aboriginal females and 0.8% in non-indigenous groups (Australian Institute of Health and Welfare, 2003).Thus, the fact that the government is aware of these records and still funds the healthcare system of the Aboriginals at a significantly lower level than that of other races, highlights systematic adversary and racism on the part of the mostly-white government of Australia.

Aside from poor healthcare service funding, they still face issues of different performance criteria for blacks and whites at work (Wilkes et al., 2002); different forms and rates of treatment in both healthcare and other social amenities (McGuire et al., 1998); and experienced inequalities in education, primary healthcare, and social infrastructure services (Wakerman et al., 1999).

Answer 3: Aboriginal and Torres Strait Islander people are poorly represented in the media.

It is reported that there is a prevalent deficit in discourse in conversations about Aboriginal and Torres Strait Islander people. This is also reflected in the policy documents, especially in the area of health, where diversity exists between such documents, reflecting the competing values and philosophies. A good example of how negative discourse is reproduced is evidenced in deficit statistics, like the "Closing the Gap" report. This report made a systematic comparison of the Aboriginal and Torres Strait Islander Australians, in an aggregate form, to the non-indigenous Australians and came to the conclusion that the indigenous people tend to "fall short" of national norms.

Gorringe (2015), while reporting for the Guardian, pointed out that Aboriginal culture is not the issue. Instead, the issue is in the way the media talk about it. For instance, if an Aboriginal boy does really well by finishing year 12 at school and goes to enroll in a university or gets a good job and becomes the person he so much wants to be, the public and media will say that the reason for such success is because the boy had supportive parents, a good teacher, a great education, and he was able to take the opportunities that came his way. If, on the other hand, another student drops out of school in year 9, and ends up in a cycle of destructive behavior that eventually pushes him into drugs and other activities that are generally not good for him—it would be said that this is because he is Aboriginal (Gorringe, 2015).However, this is not a new development in discourse, as there has been this form of discourse deficiency for a long time, although it took some time for it to be recognized. In any case, the dominant discourse about Aboriginal people reflects on attempts to transform them into something else rather than recognizing their knowledge, skills, talents, and passion for themselves and others, as well as the leadership demonstrated in their communities.Such discourse does not recognize what the people already have.

Gorringe (2015) further stated that a lot of work has been done in changing this discourse deficiency. For instance, in New Zealand, significant efforts have been made, especially in the education sector, to address such an issue. To demonstrate this, a study was conducted in New Zealand which looked at the way people thought and the things that they believed and knew about Maori students. Findings from this study were used to shift thinking, and the outcomes of these Maori students shifted with it. A similar act is taking place in Australia with the Engoori process and an even smarter and stronger leadership program developed to shift negative discourse about the indigenous people.

Answer 4a: Summary of Proposed Model for Addressing Aboriginal and Torres Strait Islander Human Rights Issues

The proposed human rights reform is designed to address issues bothering the media deficit discourse of the indigenous people as:

• A push for a legislative position (law or Act) that will see media houses fined in cases where they distort facts about the Aboriginal people, or engage in deficit discourse about them or other people in Australia.

• A push for media awareness, discussions, and integrated reviews about the issues faced by indigenous groups in the area of racism and deficient discourse.

• partnership with ventures and government agencies to create awareness about the issues faced by the indigenous people and draft measures to address the said issues.

The focus on the media is because it is the most powerful tool that can be used to influence perception and views. The media shape what people know, read, and understand; as such, their overall perception of a given group of people is shaped. Therefore, any change to the deficit discourse should be anchored on the media.

Answer 4b: How my personal background, values, and perspective influenced the proposed model

Prior to the study, the researcher’s perception of the Aboriginal group was distorted, but the research has been able to reveal that the main reason for the distortion was the consistent deficient reporting of the Aboriginal group in the media and other aspects of Australia’s daily lives.

I come from a background founded on equity and social justice, where we are trained not to undermine other people, irrespective of what we think about them. This is a value and perspective I have held ft for a long time. Thus, seeing the systematic deficiency in discourse about the indigenous Australian groups, I am elated to draft this human rights plan designed to alleviate such an issue in Australian society. Thus, the model developed in this case has been influenced by my personal values, background, and perspective.

Answer 5: Key components of the proposed practice framework

Community grant programs: the first component of the practice framework will be a community grant program that will offer vast funding to different organizations to raise awareness about the benefit of creating and sustaining harmony in the community and address issues related to racism and deficient discourse in the media (including indigenous groups, ethnicity, religious, educational, sporting, and mainstream corporate bodies that operate in the communities).

The second component will be the establishment of a partnership program with a wide range of organizations, including major ventures and State and Territory governments, that will be focused on developing projects with a national focus that will aid in improvements in social cohesion, addressing racism issues, or generating a better understanding of a lack of knowledge about Aboriginal people, allowing for cooperation and respect among people from diverse backgrounds.This partnership will be used to complement the grant component of the framework.

The Harmony initiative will be a public information strategy that will include celebrating Harmony Day on March 21, which is also the day mapped out by the UN to celebrate International Day for the Elimination of Racial Discrimination, and it is also the biggest national multicultural event in Australia. It will help in creating awareness of the issues being faced by the Aboriginal people, especially in the area of deficiency in discourse.

Answer 6: How the proposed framework will address the human rights issues facing the Aboriginal and Torres Strait Islander people

People will be more informed and understand that such issues cause disharmony by offering funding to vast organizations in order to increase awareness about social issues like racism and deficient discourse. Additionally, they will be able to understand that there are legal implications for such issues. Thus, it would eventually lead to a reduction in such issues as they try to avert the legal implications and aid in creating a harmonious society for everybody. The outcome will be that the framework will help address the human rights and needs of the population through awareness that persuades people to desist from negative behaviour and encourages the government to improve their attitude towards addressing the social needs of these indigenous groups.

As is the case, partnership programs with a wide range of organizations would create awareness; as is the case, funding would be required. The funds would come in the form of sponsorship from the partnering organizations and government agencies. Additionally, partnerships with these agencies will go a long way in improving overall trust towards the framework, especially when it is endorsed by the government. The partnership with the government will likely improve the overall rights and needs of the indigenous people as the program will constantly review and communicate the issues faced by the indigenous people to the government, who will then take necessary actions to avert further negative outcomes.

The Harmony Initiative: The Harmony Initiative will go a long way towards uniting society and creating a more harmonious system. That is because, through the celebrations, people from different groups will come together to celebrate, and in the process, they will be made aware of social issues facing Australian society as well as enlightened on how to alleviate them. This will be followed by unit matches and other programs that will bring people under the same umbrella of interest. As a result, it will go a long way toward addressing indigenous peoples' rights and needs.

Answer 7: Comparison of the framework with the Australian National Action Plan for human rights and the Living in Harmony Initiative and how they inform the porposed framework

The Australian Action Plan for Human Rights is anchored on the fact that Australia believes that the protection and promotion of human rights is the responsibility of every nation, and the government undertakes functional roles designed to address and safeguard issues relating to the dignity and rights of individuals, who should be able to live without discrimination, violence, vilification, and hatred. The action plan is based on the "Living in Harmony" initiative, and its components are clearly reflected in this community development plan.

For instance, the components of the Living in Harmony initiative feature community grant programs; partnership programs with a wide range of organizations; and harmony initiatives. Therefore, by anchoring on an existing framework that has produced significant results, it is expected that a similar outcome will be realized with this new framework.

This framework informed the guidelines established in this case in a number of ways. First, they were already designed for addressing issues with people from challenged ethnic group, and the research was able to replicate that design in this case, focusing on the factors that yielded positive outcomes in these framework. Secondly, a review revealed the areas where these frameworks were not successful, such as in the case of improper implementation measures or inadequate complaint systems designed to attend to issues raised by the people, and it avoided this issue in the new design in order to ensure that the framework outperforms those before it. Finally, the framework adopted the three main components that are capable of yielding significant outcome in the form of harmony initiative, funding for awareness, and partnership with organizations and government agencies – and it is expected that successful implementation of the framework will bring about positive outcomes in these indigenous communities as it relates to addressing issues of racism and deficit discourse in media and the society at large.

Answer 8: Ethical issues that will be addressed by the proposed practice framework

If successfully implemented, the framework will address the following issues:

• Issues of institutionalized racism will be drastically reduced as the government and the entire society will be made more accountable.

• Deficit discourse being promoted via the media will be significantly reduced (if not eliminated).

• The human rights and other social needs of the indigenous people will be attentively addressed through the program.

Conclusion

The issue of racism and deficient discourse within the domain of Aboriginal groups in Australia is pronounced. It is historically founded and still continues to this day. The government of Australia is known for having been able to systematically discriminate against and segregate the indigenous people, denying them their rights (down to citizenship and ownership of law) until recent times, when such measures were challenged and subsequently addressed through court orders. Therefore, this entry was designed to develop a framework to address such issues. The main components of the framework are: funding for different media agencies and organizations in order to create awareness of the issues and challenges being faced by the Aboriginal people; partnership with different ventures and government agencies to aid with sourcing for funds and promoting human rights; and harmony initiatives that would be based on a program capable of bringing people together and helping alleviate the issues under discussion. The framework is similar to the Australian framework for human rights, which is anchored on harmony-living initiatives. To be precise, the frameworks have similar components, and the implication is that the success recorded by the existing framework of the Australian government can be replicated.

References

ABS (018a). Population projections, Australia, 2017 (base)—2066. https://www.abs.gov.au/ausstats/abs@.nsf/latestProducts/3222.0Media%20Release12017%20(base)%20-%202066

ABS (2019a). Estimates and projections, Aboriginal and Torres Strait Islander Australians, 2006 to 2031. https://www.abs.gov.au/ausstats/abs@.nsf/mf/3238.0

ABS (2019b). Census of Population and Housing: characteristics of Aboriginal and Torres Strait Islander Australians, 2016. Census of Population and Housing: characteristics of Aboriginal and Torres Strait Islander Australians, 2016

ABS (Australian Bureau of Statistics) (2018b). “Estimates of Aboriginal and Torres Strait Islander Australians”. June 2016. https://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/3238.0.55.001Main+Features1June%202016?OpenDocument

AIHW (Australian Institute of Health and Welfare) (2013). Strategies and practices for promoting the social and emotional wellbeing of Aboriginal and Torres Strait Islander People. https://www.aihw.gov.au/reports/indigenous-australians/strategies-and-practices-for-promoting-the-social-and-emotional-wellbeing-of-aboriginal-and-torres-s/contents/table-of-contents

Australian Institute of Health and Welfare (2001). Expenditures on health services for Aboriginal and Torres Strait Islander people 1998–1999. Canberra: AIHW.

Australian Institute of Health and Welfare (2003). The health and welfare of Australia’s Aboriginal and Torres Strait Islander peoples. Canberra: AIHW.

Crotty, T. (2018) ‘Beyond Genocide: A Comparative Analysis of the Elimination of Australia’s Indigenous and Torres Strait Islander People’, NEW: Emerging Scholars in Australian Indigenous Studies 2-3(1): 32-37.

Evans, J. (2009) "Where Lawlessness is Law: The Settler-Colonial Frontier as a Legal Space of Violence", Australian Feminist Law Journal 30(1): 3-22.

Gorringe, S. (2015). Aboriginal culture is not a problem. The way we talk about it is. The Guardian. https://www.theguardian.com/commentisfree/2015/may/15/aboriginal-culture-is-not-a-problem-the-way-we-talk-about-it-is

Haebich, A. (2015) ‘Neoliberalism, Settler Colonialism and the History of Indigenous Child Removal in Australia’ Australian Indigenous Law Review 19(1): 20-31.

Haebich, A. (2015) ‘Neoliberalism, Settler Colonialism and the History of Indigenous Child Removal in Australia’ Australian Indigenous Law Review 19(1): 20-31.

McGuire, T., Houston, S., Rohwedder, E., & Montague, G. (1998). Identifying Aboriginal person care in hospital and Medicare documentation. Perth: Health Department of Western Australia.

Pascoe, B. (2018). Dark Emu. Magabala Books, Sydney.

Shepherd, S. M. (2018) ‘The Impacts of Indigenous Cultural Identity and Cultural Engagement on Violent Offending’, BMC Public Health 18(1) 1-7.

Van Der Walle, J. (2018) "The Settler and the Land: Using Patrick Wolfe’s Logic of Elimination to Understand Frontier Violence in Australia’s Colonial Era", NEW: Emerging Scholars in Australian Indigenous Studies 4(1): 1-6.

Wakerman, J., Tragenza, J,, & Warchivker I. (1999). Review of health services in the Kutjungka Region of WA. Perth: Office of Aboriginal Health, Health Department of Western Australia, 1999.

Wilkes, E., Houston, S., & Mooney, G. (2002). Cultural security: some cost estimates from Derbarl Yerrigan health service. New Doctor, 77. 13-15.

Wright, T. (2017). The Aboriginal archaeological discovery in Kakadu rewrites Australia's history, according to the Sydney Morning Herald.