ATSIC's ROLE As A NATIONAL BODY
- ATSIC at law in an independent statutory authority. It was established by act of the Federal Parliament (the Aboriginal and Torres Strait Islander Commission Act 1989), and it receives substantial Government funding. It is the successor agency to the former Department of Aboriginal Affairs.
- ATSIC's domestic efforts are directed at securing social, cultural, economic and human rights and to achieving social justice ends (see also expanded version at Attachment: A). This includes the promotion of legislative and policy changes within Australia for:
* the amelioration of unfair laws;
* establishing a sound economic base for indigenous advancement;
* the securing of human rights and equal opportunity;
* advancement of social welfare, education and cultural rights;
* the attainment of land rights; and,
* securing protection of Aboriginal heritage and sacred sites,
- ATSIC also has a substantial voice and input into Government policies affecting not only Aboriginal people, but other members of the Australian community in areas such as reform of criminal law, anti-discrimination legislation, and family law, etc.
- A complementary body, the Torres Strait Islander Regional Authority was established in July 1994 for local indigenous management of the affairs of the islands within the Torres Strait Islander region.
ATSIC is constituted as the representative body of the Aboriginal and Torres Strait Islander people of Australia;
- Seventeen of its nineteen Commissioners are directly elected by the 35 Aboriginal and Torres Strait Islander Regional Councils throughout Australia, which in turn are elected on the universal suffrage of the adult Aboriginal and Torres Strait Islander people of Australia.
- The disposition of ATSIC's funding is now largely in the hands of the elected Regional Councils, as part of ATSIC's progressive devolution powers to enhance the self management of local Aboriginal communities.
ATSIC was admitted to Non-Governmental Category II status (N.G.O.) at the United Nations by E.C.O.S.O.C. in June 1995.
Category II N.G.O. status allows ATSIC to represent the interest of indigenous Aboriginal and Torres Strait Islander people more effectively and more independently at international fora. It allows greater freedom to speak directly, in its own right, to issues of concern on behalf of indigenous people, without seeking speaking rights through other indigenous N.G.Os, or part of a Government delegation.
The earlier Department of Aboriginal Affairs, and ATSIC, have both strongly supported and participated in the Working Group on Indigenous Populations (WGIP) in its formulation of the Draft Declaration on the Rights of Indigenous Peoples. ATSIC delegates also attend the Commission on Human Rights Working Groups, and various Workshop meetings, including those for the creation of a Permanent Forum at the United Nations for indigenous peoples.
In addition to its own delegates, ATSIC sponsors, or partly subsidies the attendance of other Aboriginal and Torres Strait Islander interest groups at international forums and conferences, for furthering rights. These have included, the :
- Rio Environmental Conference;
- World Congress on Human Rights;
- Population and Development Congress;
- World Summit on Social Development
- Nuuk, Greenland - Meeting of Experts on Indigenous Self-Government;
- Santiago (Chile) Conference and Sustainable Development;
- World Conference on Indigenous Peoples' Education;
- World Indigenous Youth Conference in 1993 (Darwin);
- WGIP Technical Meetings for the International Year and the Decade of Indigenous People;
- Copenhagen, and Santiago (1997) Workshops on a Permanent Forum for Indigenous Peoples;
- Womens' Commission in New York; and
- Womens' Conference in Beijing, - various preparatory conferences.
- it provides a workable structure for the harmonious integration of indigenous and Government efforts in advancing social justice and human rights for indigenous peoples;
- it has had extensive and wide ranging experience in the handling of issues relating to vastly differing indigenous, cultural, linguistic and community groupings, which have achieved different stages of economic development and different levels of self management:
- it has a detailed and long established history, and expertise, both in its own right and as the independent successor to earlier Government agencies, in advancing the indigenous land rights and in bringing to fruition the aspirations of indigenous populations for self management;
ATTACHMENT : A
THE BROAD AIMS, POLICIES AND ACHIEVEMENTS OF ATSIC IN RELATION TO THE INDIGENOUS PEOPLES IT REPRESENTS
ATSIC'S aim is to secure empowerment for the indigenous peoples of Australia, so that they may:
- through self-management, make decisions affecting their own lives;
- share in the nation's land, wealth and resources;
- contribute equitably to the nation's economic, social and political life, with
- full recognition of their indigenous cultural heritage as the first Australians.
This includes emphasis on practical programs which extend social, cultural, economic and human rights to all indigenous persons and communities within the nation state. It also includedactive lobbying for legal and policy reforms in State, Territory and Federal Governments, which will secure and entrench those rights, and satisfy those aspirations.
It is also understood that advancement of indigenous rights can be strengthened through links with indigenous peoples of other nations, and through active participation in, and support for, international fora which are also concerned with the extension of full human rights to all peoples and will ado ensure universal recognition of such rights.
Apart from promoting legislative and policy changes within Australia for:
- the amelioration of unfair laws;
- the securing of human rights and equal opportunity;
- the attainment of land rights; and,
- securing protection of aboriginal heritage and sacred sites,
ATSOC's domestic efforts in social amelioration for its indigenous peoples have been directed at securing social, cultural, economic and human rights and social justice ends.
Social and Cultural Sphere
ATSIC implements programs in :
- health;
- housing
- education
- art;
- indigenous culture;
- languages, including subsidies for aboriginal broadcasting (IMPARGA & CAAMA in the Northern Territory, WAAMA in Western Australia, etc.).;
ATSIC implements programs in:
- employment through Community Development Employment Programs (CDEP) etc.);
- establishment of Aboriginal businesses;
- providing enterprise loans for indigenous businesses and corporations, through the Aboriginal Commercial Development Corporation (now an independent body);
- providing recognition at law, and full corporate personality for corporate entities, wholly run and administered by indigenous persons, through the (now statutorily independent) Office of the Registrar for Aboriginal Councils and Associations;
- providing for incorporation of the equivalent of Aboriginal municipal councils in areas of predominant Aboriginal populations:
- there are now 2400 Aboriginal corporations under the Aboriginal Councils and Associations Act 1976, as well as large numbers under State legislation. The corporations consist of every type of business, social and community enterprise;
- all bodies formed under these provisions are eligible to apply for grants, under provisions in the ATSIC Act, and,
- grants may now also be given to unincorporated bodies, communities and individuals under the same Act.
ATSIC implements programs in:
- the rights of indigenous women and prevention of domestic violence;
- financing alternate dispute resolution and community justice program;
- access to justice;
- juvenile justice;
- indigenous social justice programs;
- sponsoring joint information programs with police, and the Australian Institute of judicial Administration (the peak judges' body in Australia) to familiarize law officers with Aboriginal customs, affiliation and mores;
- funding of 25 independent Aboriginal Legal Services bodies (ALSs) throughout Australia:
- these provide legal representation for indigenous persons, who cannot afford private representation;
- educate local communities and individuals in their rights under law; and
- runt test cases of special interest for indigenous communities;
- the ALSs also assisted in progressing early land rights issues, which have now been taken over by the elected Regional Councils. ALSs however are still briefed to assist in presentation of Land Tribunal cases.
- ATSIC also provides special grants in criminal justice matters where they may have been serious miscarriages of justice.
- actively assisting Aboriginal communities in the Northern Territory (where the Commonwealth still has some residual jurisdiction over land) to advance community rights to land in claims under the Aboriginal Land Rights (Northern Territory) Act 1976.
