ABORIGINAL AUSTRALIA

The Principles

1. Our indigenous peoples have a unique status within the nation as Australia's 'first peoples'.

2. That the basic human rights of indigenous peoples is a matter of long-denied justice is now internationally recognised.

3. Genuine equality for indigenous citizens requires recognition of their identity, and respect for their social and cultural heritage.

4. The Constitution of a democratic nation should enshrine and safeguard the rights of its citizens, including minority groups.

5. National legal systems should be non-discriminatory in practice, upholding the principle that all citizens are equal before the law.

The Issues

1. Reconciliation. There is widespread acknowledgment in the community of the need for national reconciliation between indigenous and non-indigenous Australians. An apology by the National Parliament to our indigenous peoples is regarded by many as a crucial first step to achieve this.

2. Treaty. The concept of a treaty which describes and safeguards the status of indigenous peoples within the nation is not yet well understood here. Treaties have already been successfully negotiated in some other countries.

3. Land Rights. Despite High Court confirmation of native title rights, the nature of land ownership and control or resources is still being disputed. Determination of claims through the court system is criticised because of its high cost and its disadvantages for indigenous claimants.

4. Discriminatory laws. Unacceptably high rates of incarceration, mandatory sentencing and the number of indigenous deaths in custody indicate that our European style legal system is not well equipped to deliver justice to indigenous citizens who often do not understand the laws they are accused of breaking. Despite the Royal Commission into Deaths in Custody, incarceration rates in some States have in fact increased.

5. The Stolen Generations. Many of the recommendations of the Bringing Them Home report have not yet been put into effect. Use of the court system to deal with claims for compensation is both costly to the public and traumatic for the claimants.

6. Self-determination. The meaning of this term is not yet understood. Indigenous leaders insist that it does not mean separate rights or a separate nation, as some people fear.

7. Levels of disadvantage. All relevant statistics show that indigenous Australians are still the most gravely disadvantaged group in the national population. Social problems related to health, education, unemployment, housing and substance abuse are reported to have reached crisis level in many indigenous communities. Present policies intended to eliminate such disadvantage are in need of comprehensive review.

8. Constitutional guarantee. The desire of indigenous peoples to have their rights guaranteed in the nation's Constitution raises more general questions about the need for Constitutional reform.

Alternatives

1. A full, formal apology from the Federal Parliament to our indigenous peoples for the injustices of the past, acknowledging the history of dispossession and disadvantage, and making a commitment to a just future of the 'first people' of Australia.

2. A national education campaign, in cooperation with indigenous leaders, to ensure that the terms treaty and self-determination are well understood by the voting public and by legislators, before any decision about their official use is called for. Reconciliation Australia has named clarifying the treaty concept as one of its priorities.

3. Removal of native title claims from the court system, to be settled by negotiation, which has already been proved in use to produce better results for all concerned without the excessive costs and delays associated with litigation.

4. Parliamentary action to remove the discriminatory amendments to the Native Title Act, introduced after Wik decision, to the disadvantage of indigenous claimants.

5. Negotiation, not litigation, as a culturally appropriate means for members of the Stolen Generation to seek redress for the experience of past injustice.

6. Effective strategies to eliminate disadvantage, finding direction by constant dialogue between legislators, government agencies at all levels and indigenous community leaders. Some indigenous communities, now in crisis situations, are calling for immediate action to enable them to survive into the future.

7. Federal legislation to establish national human rights standards, (in line with international human rights) with which all members of the Federation would be obliged to comply. Such legislation could prevent discriminatory laws such as the current mandatory sentencing regimes, which also erode the independence of the judiciary, one of the three foundations of the democratic system.

8. Constitutional reform to guarantee the human rights of citizens (not guaranteed by the present Australian Constitution). The question of such a guarantee affects the whole community. It calls for wide consultation and debate throughout the nation in preparation for a national referendum, which is the only means by which we can change the Constitution.