Aboriginal Discrimination
Is discrimination an issue in Australia?
Since white people arrived in Australia it has always been difficult for them to understand Aboriginal culture. Ignorance led to many thousand Aboriginal people being killed by white settlers, and attempts were made to "breed out" their culture through assimilation.
Even today Aboriginal people do not feel understood by white Australian politics. They claim that many legislative acts reflect a white point of view where a least a dual view would be necessary. Some activists even speak of "genocide" still going on in Australia today.
Case study: Joan Martin vs Homeswest
In March 1997 public housing provider Homeswest evicted Aboriginal Yamatji artist Joan Martin from her home in Paris Way, Karrinyup (north-west Perth, Western Australia), where she had lived for 17 years. Neighbours had filed racially motivated complaints [2] about her son's alcohol problems and her grandchildren 'terrorising the neighbourhood' [3].
Joan fought the eviction all the way to the Western Australian Supreme Court which upheld her complaint in March 1998, finding that Homeswest had indirectly discriminated by evicting on the grounds of overcrowding. This was the first time that the WA Supreme Court had found in favour of an Aboriginal person on the grounds of racial discrimination.
Joan's victory made international headlines. Sadly, the court's decision was overturned later by its Full Bench.
Joan Martin died on 6 October 2008, aged 67.
Case study: Membership refused based on race
In July 2006 Aboriginal Elder Matilda House and her daughter-in-law Antoinette House applied to join the radio station QBN-FM 96.7, near Canberra. Their application was refused because they 'lived at different addresses' [4].
Leaked draft minutes from the station's board meeting told a different story.
The minutes recorded the station manager as saying that the women 'wanted to take over the station' and that 'the Aboriginals were fighting on street corners'. A board member was minuted as having suggested to 'kick them all out'.
A complaint to the Human Rights and Equal Opportunity Commission was unsuccessful because there was no prospect of settlement by conciliation. It took the Federal Magistrates Court to decide in February 2007 that the two women were unlawfully rejected membership.
The court ruled AUD 12,000 in compensation plus court costs to be paid by the radio station.
Discrimination between Aboriginal people
You may be surprised to learn that discrimination is also an issue between Aboriginal people. Based on their skin colour Aboriginal people discriminate against each other, mirroring the stereotypes that usually non-Indigenous people apply to them.
The living discrimination between very dark skinned Aboriginals and lighter skinned ones is an issue that is alive and well. —Richard Frankland, Aboriginal director [7]
Discrimination linked to Aboriginal suicides
Aboriginal community members of Narrogin, a small West Australian town 200km south of Perth, attribute a spate of suicides which ocurred in 2008 to racism and discrimination.
They claim that discrimination included being told there were no jobs at the council, only to see the jobs offered to white people [1].
Discrimination and racism can have a negative impact on people's mental and physical health.
Members of Aboriginal communities have a perception that also police treats them differently than white people when they respond to calls.
One lawyer said that I wasn't black enough to be black the other lawyer said I wasn't white enough to be white. They then argued this point in front of me for sometime. Both my parents were Aboriginal. It was such an insult to me and my family.—Gordon Syron, Aboriginal painter [5]
Australia and the United Nations (UN)
Non-Government organisations (NGO) have taken on responsibility of the racial conditions seen in Australia. They have filed numerous reports to the UN addressing the racial discrimination problems found in Australia. Many reports complement, if not contradict, the official statements of the Australian Government.
The UN reviews racial discrimination on a regular basis and established several committees for this area.
Committee on the Elimination of all forms of Racial Discrimination (CERD)
The UN Human Rights System sees many so-called "treaty-based" committees, i.e. committees which oversee the fulfillment of international human rights treaties. While with no power to issue measures to countries which don't follow these treaties they can make comments on the treaty's implementation and receive petitions from individuals against a state party.
Since Australia has signed the International Convention on the Elimination of all Forms of Racial Discrimination it has to report regularly on the progress made.
United Nations Declaration on the Rights of Indigenous Peoples
On 3 April 2009 Australia supported the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The move came after the declaration was formally adopted by the UN General Assembly on 13 September 2007 with the support of 143 member states and the opposition of just four—Australia, Canada, the United States and New Zealand.
At that time the then-Howard government claimed that it would elevate Aboriginal customary law above national law, an argument which was clearly an excuse because the UNDRIP is a non-binding document.
The declaration was 20 years in the making and sets out basic standards for the recognition and protection of Indigenous peoples' rights worldwide, including identity, land and resources, self-determination, freedom from discrimination, culture, traditions and language. You can read more about many of these areas on this website exploring Australian Aboriginal culture.
Human rights do not dispossess people. Human rights do not marginalise people. Human rights do not cause their poverty and they don't cause the gaps in the life expectancy and other life outcomes. It is the denial of rights that is the largest contributor to these things. The value of human rights is not in their existence; it is in their implementation. —Prof Mick Dodson, Australian of the Year 2009 [6]
Read the United Nations Declaration on the Rights of Indigenous Peoples.
Out of respect for Aboriginal culture I use Indigenous sources as much as possible.
[1] 'Racism, discrimination linked to suicides in WA town', National Indigenous Times 165, 30/10/2008 p.5
[2] 'Joan Martin mourned', Koori Mail 438 p.17
[3] Legislative Assembly, Grievance, 30 June 2005 (http://www.parliament.wa.gov.au/hansard/hans35.nsf/16ab30a0303e54f448256bf7002049e8/9a7364f48ebc38ed4825706000224cf8?OpenDocument)
[4] 'Women win case', Koori Mail 436 p.19
[5] 'Judgement By His Peers', painting by Gordon Syron, blackfellasdreaming.com.au/judgmentbyhispeers.html (3/1/2009)
[6] 'Govt wins praise, but also warned', Koori Mail 448 p.6
[7] 'Focus on Moffatt', Koori Mail 469 p.45