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Collaborating for human rights: SACOSS as an effective service for Aboriginal wellbeing Page 1 of 34

JM Nemorin : 2012

Collaborating for Human Rights:


SACOSS as an effective service for Aboriginal Well-being

May 2012

... we ask only for justice, decency and fair play.


(Jack Patten & Bill Ferguson, 26 January 1938 - Inaugural Day of Mourning)

Author: Josephine Nemorin


Diploma of Community Services
(Financial Counselling)
Community Development Worker
Email: captain_nemo51@yahoo.com.au

I acknowledge the Aboriginal and Torres Strait Islander peoples as the custodians of the lands, sky and waters of
Australia and that their cultural knowledge, Law (Lore) and heritage is as important today as it always has been.
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JM Nemorin : 2012

INDEX

Contents Page

Index 2

Glossary 3

Background 4

Methodology 5

Discussion:
Human rights and Social Justice 6

Aboriginal rights in Australia 10

SACOSS profile 15

Governance 16

Conclusion 20

Recommendations 21

Bibliography 22
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JM Nemorin : 2012
GLOSSARY

ATSI: Aboriginal and Torres Strait Islander

CSR: Corporate Social Responsibility

Culture: Community standards of acceptable behaviour

Development: Change / Advancement

Economy: Trade

Ethics: Cultural values

Framework: Guideline

Global Compact: UN human rights Agreement initiatives for policy and


strategies of business and organisations

Governance: Formal structures for accountability in (public)


administration

Indigenous: Original / native (European)

Integrity: Honesty

Justice: Fairness

Legitimate: Acceptance of authority and direction

Progress: Modernisation / moving forward

Policy: Plan for action

Politics: Activity associated with establishing authority and power to


govern public administration

Rights: Guarantee of entitlement

SACOSS: South Australian Council of Social Services

Social: Community

Tradition: Customary practice

Respect: Value

UN: United Nations

UDHR: Universal Declaration of Human Rights

UNDRIP: United Nations Declaration on the Rights of Indigenous


Peoples

Values Standards

Welfare Wellbeing / economic and social support (for wellbeing)


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JM Nemorin : 2012

Background

This paper has been prepared in response to a call for initiatives that will improve the effectiveness
of the South Australian Council of Social Services (SACOSS) service outcomes for Aboriginal
peoples in this state.

However, the content and recommendation of the submission may provide valuable discussion on
why human rights should underpin the goals and strategies for organisational management in
all social service organisations.

SACOSS recognises the limitations of past and present policies which contribute to the extreme
disadvantage of Aboriginal peoples.

The observations made in this submission are a summary of the echoing voices of generations of
Aboriginal and non-Aboriginal community members, philosophers, community workers,
academics and government policy makers. This paper assembles their knowledge and
experiences on the subject of respect, dignity and justice in parallel with the history of human
rights in post-colonial Australia.

The result of an extensive examination of abundant public literature, events and local knowledge
clearly indicates that the incorporation of a human rights agenda within SACOSS' vision is
central to support the social and economic participation of Aboriginal peoples in South
Australia.

This review also seeks to substantiate the view that a human rights framework will provide ethical
guidelines for sustainable justice strategies that promote the well-being of Aboriginal
Australians through the realisation of their human and Indigenous rights.

Furthermore, good leadership and governance will be demonstrated as essential to creating a


culture that values, respects and advocates human rights as a foundation for developing
genuine and effective services that seek to promote human rights and empower Aboriginal
people.

The author is an accredited financial counsellor and committed advocate for Aboriginal rights.

This paper does not explore welfare as financial supplement. The development of a SACOSS vision
that is founded upon human rights and social justice for the welfare (wellbeing) of Aboriginal
people remains the singular motivation for this submission.
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JM Nemorin : 2012

METHODOLOGY

This evaluation was undertaken to identify and provide evidence that a human rights framework
can improve SACOSS service outcomes for Aboriginal clients.

The observations outlined in this document do not presume to speak on the behalf of, or replace
the views of Aboriginal communities. Indigenous knowledge, experience and discussion on
human rights is fundamental to Aboriginal wellbeing.

The report has drawn on a wide review of abundant existing Aboriginal as well as non-Aboriginal
knowledge and reports relevant to human rights and Aboriginal wellbeing. This included:

• Aboriginal and Indigenous observations and experience


• SACOSS policy and practice
• published local and international academic research
• institutional policy documents
• case work and informal community feedback

The information was evaluated against three related questions.


1. What is the history and context of human rights for Aboriginal peoples in Australia?
2. How do SACOSS' human rights policies support effective social service outcomes for Aboriginal
peoples?
3. Can good governance initiate and foster a human rights approach that leads to better service
outcomes for Aboriginal people?

An interpretation of the overall findings and concluding remarks form the basis for three final
organisational imperatives recommended to SACOSS consideration.
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JM Nemorin : 2012

DISCUSSION

Human Rights and Social Justice

The ability to freely exercise our human rights guarantees that we are respected, protected and can
participate and influence how we choose to live our lives without deprivation and
discrimination within our community. Human rights are social and universal – all people have
a duty to ensure that our actions and associations do not violate the human rights of others.1

Justice and human rights are not exclusive to western or developed societies. Justice concepts
define fairness and obligations in social interactions initiated in primitive times and have since
been reinforced in contemporary legislation.2 3

For over 50,000 years Australian Aboriginal peoples' customary laws have continued to shape
spirituality, land connection, kinship and reciprocal rights through the dreaming stories of more
than 500 language or community groups. 4 5 6 7 8

In settler colonies like Australia violations and ignorance of human rights have lead to severe
disadvantages like poverty, homelessness and social exclusion of Indigenous peoples.
Limitation and restriction of human and Indigenous rights reduce opportunity, diminish
wellbeing and the capacity of all peoples to fully realise their potential to make choices, sustain
and protect their community and participate equally in society.9

1 Attorney General’s Department, 2011. Australia’s human rights framework. Australian government.
www.ag.gov.au/Documents/HumanRightsFrameworkRTF.rtf
2 Rawls, J 1958. Justice as fairness Vol 67 No. 2. Pps. 164-167 in The Philosophical Review, Cornell University.
3 Victorian Department of Justice 2011. (Viewed 18/11/2011) http://www.justice.vic.gov.au/humanrights
4 Australasian Institution of Judicial Administration, 2008, Aboriginal Benchbook for Western Australian Courts. 2nd ed. Chptr. 2.
http://aija.org.au/Aboriginal%20Benchbook%202nd%20Ed/Chapter%202.pdf
5 Gardiner-Garden, J. 1999. From dispossession to reconciliation. in Research Policy Paper 27, 1998-1999. Australian Parliamentary Library
6 Dudgeon, P, Wright, M, Paradies, Y, Garvey, D and Walker, I 2010. The social, cultural and historical context of Aboriginal and Torres Strait Islander
Australians. Pps. 26-27
7 Australian Indigenous Cultural Heritage 2011 http://australia.gov.au/about-australia/australian-story/austn-indigenous-cultural-heritage
8 Central Land Council 2011 Central Land Council http://www.clc.org.au/Ourland/land_rights_act/Land_rights_act.html
9 United Nations Office of the High Commissioner for Human Rights, 2011. What are human rights.
http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx
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JM Nemorin : 2012

Historical documents of more recent philosophers like Solon, Plato and Aristotle as well as the
Hindu Vedas, the Code of Hammurabi, the Analects of Confucious, the Islamic Constitution of
Medina and the Magna Carta were created to safeguard and preserve the rights of all citizens
within a sovereign state. 10 11 12

During the 20th century international pressure to defend citizens from recurring social exclusion
and political tyranny led to the creation of Treaty of Versailles, the Catholic Encyclical
Centesimus Annus and the 30 Articles of United Nations Universal Declaration of Human Rights
(UDHR) adopted in 1948 identified the state's task to create lasting structures that protect and
preserve the rights and welfare of citizens. 13 14 15

Severe social poverty led to the charitable care of the poor as a central religious pillar of Christian
and non-Christian religions.16 17 Many Australian community welfare agencies have their
foundations in philanthropic and benevolent institutions initiated from 18th and 19th Century
religious activities 18 that were primarily concerned with fostering a work ethic in a developing
economy.19

Increased pressure from the global community forced government authorities to accept their
primary role in supporting citizens' human rights, health and welfare with many voluntary
agencies developing their programmes through government commitments for financial
support.20 21

10 Amnesty International 2001. A short history of human rights. in Globaled.org. http://www.globaled.org/curriculum/amnesty/shorthistory.html


11 George Washington University 2011. Human Rights Timeline: From Antiquity to the Magna Carta
http://www.gwu.edu/~erpapers/humanrights/timeline/timeline1.cfm
12 Lauren, P.G 2011. The evolution of international human rights: visions seen, p. 15, 3rd ed. University of Pennsylvania Press, Philadelphia.
13 Ibid, 2011, Pps. 9, 12-13
14 United Nations, 2011. The Universal Declaration of Human Rights http://www.un.org/en/documents/udhr/
15 Murray, R, Bell, K, Elston, J, Ring, I, Frommer, M & Todd, A, 2002. Development, implementation and evaluation of national public health
strategies in relation to Aboriginal and Torres Strait Islander peoples. p. 27. National Public Health Partnership (NPHP)
16 Vatican – The Holy See, 1991. Pope Ioannes Paulus PP. II 1991, Centesimus annus in Vatican II: Enclyclical on Human Rights, Part I, Sectn 7.
http://www.vatican.va/holy_father/john_paul_ii/encyclicals/documents/hf_jp-ii_enc_01051991_centesimus-annus_en.html
17 Hurst, F.M 2008. Philanthropic Giving Preference Differences: Nontraditional and Traditional Alumni at Northern Arizona University, Chptr 1. Union
Institute and University, Cincinnati, Ohio.
18 McMahon, A 2003. Redefining the Beginnings of Social Work in Australia
19 Murphy, J 2006. The other welfare state: Non-government agencies and the mixed economy of welfare in Australia. Pps. 44.1-3
20 McMahon 2003, Pps. 3-10
21 Murphy 2006, p.44.2
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While the inter-dependence of the principles of human rights per se were notionally recognised in
the UDHR, powerful states used their political influence to create two separate international
treaties in order to reinforce domestic priorities.22 23 24 25 26 27 28 29

A commonly used and alternative concept to human rights is the relatively recent theory that ‘social
justice’ will foster equal opportunity to engage in a market-driven economic, social and
consumer participation as the means to wellbeing for state citizens. 30 31 32 33 34

The creation of the UN International Covenant on Economic, Social and Cultural Rights and the UN
International Covenant on Civil and Political Rights further sanctioned the separation of human
economic and social rights (as the right to control your assets or fulfil your cultural obligations)
as distinct from civil and political human rights (as the right to equal treatment and self-
determination).35 36

22 Daes, E.A, 1993. Discrimination against Indigenous peoples: Explanatory note concerning the draft declaration on the rights of indigenous peoples.
p.1. UN Working group on Indigenous Populations. Office of the United Nations High Commissioner for Human Rights Geneva,
Switzerland
23 Roy, A.J 1998. Sovereignty and Decolonization: Realizing Indigenous Self-Determination at the United Nations and in Canada p.ii.
24 Green, K 2002. Welfare reform in Australia and the United States: Tracing the emergence and critiques of the new paternalism and mutual
obligation. p.1. in The Drawing Board/SUPRA postgraduate essay prize. University of Sydney.
25 Sidoti, C 2005. Seeking a right way. Revitalising human rights and social justice conference, International Service for Human Rights, Geneva.
26 Department of Social and Economic Affairs 2006. Social Justice in an Open World: The Role of the United Nations. ST/ESA/305 Pps. 53-54. in
International Forum for Social Development. http://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf
27 Briskman, L, 2008. p.1-17
28 Lauren 2011, Pps. 38, 119-123, 127
29 Tomuschat, C 2008. International covenant on civil and political rights. United Nations Audiovisual Library of International Law
http://untreaty.un.org/cod/avl/pdf/ha/iccpr/iccpr_e.pdf
30 Vatican - The Holy See - Pope Leo XIII 1891. Rerum Novarum: Encyclical of Pope Leo XIII on capital and labour.
http://www.vatican.va/holy_father/leo_xiii/encyclicals/documents/hf_l-xiii_enc_15051891_rerum-novarum_en.html
31 Ellis, T 1996. Human rights and social justice: A frontline perspective from a community legal centre Vol 3, No. 4. in ELaw, Murdoch University
Journal of Law. http://www.murdoch.edu.au/elaw/issues/v3n4/ellis.html
32 Reisch, M 2002. Defining social justice in a socially unjust world. in Families in Society Vol 83, 4. Pps. 343-344
33 UN Det. Economic & Social Affairs 2006. Pps. 11-12
34 Robinson, M 2011. What is social justice. Department of Government and Justice Studies, Appalachian State University, North Carolina.
35 Weller, P, 2009. Human rights and social justice: The convention on the rights of persons with disabilities and the quiet revolution of international
law. in Public Space, Journal of Law and Social Justice, Vol 4, Pps. 1-4.
36 United Nations,1966. International covenant on civil and political rights. Office of the High Commissioner of Human Rights.
http://www2.ohchr.org/english/law/ccpr.htm
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Global progress and development was subsequently dominated by western, capitalist concepts of
economic and distributive justice in the name of modernisation has caused destabilisation and
destroyed the governance, wellbeing and sustainability of local communities including
Indigenous peoples.37 38

Defining economic or social human rights in isolation in such a way ignored the holistic and
interrelated political, civil and environmental rights 39 40 which are fundamental to and
necessary requirements for full participation and effective decision making for Indigenous
community culture, language, land rights, and environment.41 42

The individual and collective rights of Indigenous peoples were largely ignored43 until they were
articulated the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007.44 This
international law clearly sets out the state's obligation to provide resources that promote and
enhance the social, cultural, environmental, civil, political and economic rights necessary for
the promotion of wellbeing and survival of Aboriginal people.45

Implementation and advocacy for the protection of human and Indigenous rights through the
application of domestic law in Australia has not been adequately used to promote the
wellbeing of its most disadvantaged. 46 47

37 UN Det. Economic & Social Affairs 2006, Pps. 8-9;


38 Lauren, 2011, p. 127.
39 Nikkhah, H.A and Redzuan, M.B, 2010. The role of NGO's in promoting empowerment for sustainable community development. Pps. 87-88 in
Journal of Human Ecology, 30(2): Pps. 85-92) University Putra, Malaysia.
40 Russell, R, Bailey, D, Wall, L & Brooks, R, 2011. A case study of Mission Australia's literacy program for youth at risk Pps.14-16 in Money
Minded: Summary Report
41 Tesoriero, F, 2006. Strengthening communities through women's self help groups in South India. Pps. 322-324 in Community Development
Journal Vol. 41, No. 3.
42 McInerney, C, 2007. Indigenous financial exclusion: Learning, understanding, opportunity, commitment in First Nations Foundation, SACOSS
Financial Exclusion Seminar p.10.
43 University of Minnesota, 2011. Indigenous people or Indigenous peoples? in Indigenous peoples' human rights initiative, University of Minnesota,
Minneapolis, USA. http://www.hrusa.org/indig/studyguide.shtm
44 United Nations, 2009. Resolution of the intergovernmental relations committee of the Navajo nations council, 2009, p.16.
http://www.ohchr.org/Documents/Issues/IPeoples/EMRIP/ParticipationUN/NavajoNation.pdf
45 United Nations, 2007. UN Declaration on the rights of Indigenous peoples http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
46 Ife, J, 2004. Making human rights work: Key human rights principles for service delivery. Pps. 5-6, Centre for Human rights Education, RMIT
Conference, Melbourne.
47 Lynch, P, 2012. The utility of human rights to homeless people and their advocates #8217 Council to Homeless Persons.
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JM Nemorin : 2012

The potential to realise the human rights of Aboriginal peoples is directly linked to the wider
community’s capacity to acknowledge, respect, protect and promote all human and Indigenous
rights.

SACOSS understands that the violation of human rights is directly related to Indigenous economic
disadvantage as well as the capacity to participate equally in society. SACOSS has called on
the Australian government to develop more effective supportive frameworks that protect and
promote human rights.48 49

Internationally on the other hand an increasing number of community workers, health


professionals, policy makers, not-for-profit, corporate and many government agencies have
already acknowledged that human rights needs to be integrated at a foundational level within
their organisations in order to realise genuine social justice. 50 51

48 SACOSS, 2005. Extending Opportunity to All A blueprint for the elimination of poverty in South Australia
49 SACOSS, 2009. The South Australian Council of Social Service (SACOSS) submission into the Australian Governments' National Human Rights
Consultation June 2009. P.13.
50 Business Leaders Initiative on Human Rights Legacy http://www.blihr.org/
51 UN Global Compact 2011. Participant Search
http://www.unglobalcompact.org/participants/search?commit=Search&keyword=&joined_after=&joined_before=&business_type=all&
sector_id=all&listing_status_id=all&cop_status=all&organization_type_id=&commit=Search
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Aboriginal rights in Australia

During the early years of British occupation in Australia, Aboriginal peoples accepted trivial gifts
from colonists and reciprocated by sharing the wealth of flora, fauna and their physical
environment. Since those times, however, Aboriginal peoples' opportunities to sustain their
own culture, environment, language, economy, community, custody of their children and their
sovereignty have been met with strategies that violate all their human rights.52 53 54 55 56 57 58
59 60 61 62 63

From as early as 1790, Aboriginal activists including Woollarawarre Bennelong, Pemulwuy,


Jalgangurru Jandamarra, Musquito, Anthony Martin Fernando, Shirley Andrews and Fred
Maynard have protested against Aboriginal human rights violations.64 65 66 67

Aboriginal people have been discriminated against and marginalised because their social, political,
cultural and economic participation was tightly controlled by the state Aborigines Protection
Board.68 69

52 Johnston, E, 1991. The importance of history in Royal Commission into Aboriginal deaths in custody: National report Vol. 1, Chptr 1.4.
53 Gardiner-Garden, 1999. Pps. 3-6
54 Cameron, K, 2001. Aboriginal people struggle for citizenship rights. In Discovering Democracy. Disc Paper 6. School of Education, Macquarie
University NSW.
55 Calma, T, 2009. Human rights: Everyone, everywhere, everyday. in Celebrate International Human Rights Day
http://www.humanrights.gov.au/about/media/speeches/social_justice/2009/20091206_hr_day.html
56 Robertson, B, Demosthenous, C.M, Demosthenous, H.T and Soole, D.W, 2005. On the contemporary position of the Indigenous peoples of
Australia E-Journal of Sociology, Gumurrii Centre, Griffith University, Aust.
57 Sidoti, C. 2005.
58 Howells, J, 2007. Australian Government Policies towards Indigenous peoples: assimilation v self-determination
http://mornpenhumanrights.org/assets/documents/agpip.pdf
59 Briskman, L, 2008, p. 6;
60 Altmann, J, 2011. Noel Pearson’s policies embraced by white Australia, but how effective are they? http://theconversation.edu.au/noel-pearsons-
policies-embraced-by-white-australia-but-how-effective-are-they-2226
61 Concerned Australians 2011. No more! Enough is enough! Viewed 8/11/11. http://www.concernedaustralians.com.au/media/Statement-4-11-
11.pdf
62 Cox, E, 2011.
63 SACOSS, 2011. The South Australian Council of Social Service (SACOSS) submission into the Australian Governments' National Human Rights
Consultation.
http://www.humanrightsconsultation.gov.au/www/nhrcc/submissions.nsf/list/FAC796AB3F5BF662CA25761C0081DDE7/$file/South%20
Australian%20Council%20of%20Social%20Service%20Inc_AGWW-7SX5JY.txt
64 Smith, K.V, 2009. Bennelong among his people.
65 The Jandamarra Project, 2011. Jandamarra the man. Viewed 18/10/2011 http://www.jandamarra.com.au/jandamarratheman.html
66 Parry, N, 2011. Many deeds of terror, in First Australians, Evatt Foundation. Viewed 8/11/2011. http://www.evatt.org.au/papers/many-deeds-
terror.html
67 Tracker, 2011. A long fight forward. Viewed 8/11/2011 http://tracker.org.au/2011/04/a-long-fight-forward/
68 Gardiner-Garden, J, 1999. Part I
69 Australian Museum, 2011. Controlled by the state. in Social Justice, Australian Museum. http://australianmuseum.net.au/Indigenous-Australia-
Social-Justice
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In 1937 William Cooper presented a petition to King George V to the Australian Commonwealth
Parliament and initiated the inaugural Day of Mourning (now known as Survival Day) on
Australia Day January 26 1939 demanding justice Aboriginal peoples. John (Jack) Patten and
William (Bill) Ferguson also highlighted Australian society's lack of commitment to protecting
the human rights of the first Australian peoples in a newspaper advertisement at that time.70 71

Eddie Mabo, Shirley Smith, Vincent Lingiari, Charles Perkins, Gladys Elphick, Gary Foley, Pastor Ray
Minniecon, Mick Dodson, Archie Roach, Bob Randall, Tom Calma, Mick Gooda, Lowitja
O'Donoghue, Linda Burney, Larissa Behrendt and Barbara Shaw are some other well known
Aboriginal men and women have also spoken out about the violation of Aboriginal rights in
Australia.72 73 74 75 76 77 78 79 80

Despite adopting a prominent role in creating the inaugural principles of UDHR in 1948 81
successive Australian governments have been reluctant to endorse Aboriginal rights of
ownership and authority of their lands, education and economy.82 83 84 It is not surprising,
therefore, that the Australian government was one of only four member states of the UN
General Assembly that voted against the UNDRIP in 2007, until finally affirming the principles
of UNDRIP in 2009.85

70 Cooper, W, 2011. Collaborating for Indigenous rights. http://indigenousrights.net.au/person.asp?pID=962


71 Patten, J.T & Ferguson, W, 1938. Aborigines claim citizen rights! A statement for the case for the Aborigines Progressive Association. The
Publicist, Sydney. http://www1.aiatsis.gov.au/exhibitions/DOM/PDF/m0011348_a.pdf
72 Mabo, G, 2011. The fight for social justice and human rights issues. in NSW HSC online, Charles Sturt University.
http://hsc.csu.edu.au/ab_studies/rights/global/social_justice_global/sjwelcome.response.front.htm
73 National Museum Australia, 2011. Shirley Smith. http://indigenousrights.net.au/person.asp?pID=1057
74 National Museum Australia, 2011. Vincent Lingiari. http://indigenousrights.net.au/person.asp?pID=970
75 National Museum Australia, 2011. Charles Perkins. http://indigenousrights.net.au/person.asp?pID=983
76 Briskman, L, 2008. p.2

77 Australian Institute of Aboriginal and Torres Strait Islander Studies 2011. Perkins, Charles 1936-2000
http://www1.aiatsis.gov.au/exhibitions/e_access/book/m0063258/m0063258_a.htm

78 Burney, L, 2006. Into the light in 7th Vincent Lingiari Memorial Lecture. p.24
79 Behrendt, L, 2003. Achieving Social Justice: Indigenous Rights and Australia’s Future .Pps. 1-8. The Federation Press
80 Shaw, B, 2011. Town camp leader outraged by Bess Price claims on Q and A. Media release 15/4/2011.
81 Human Rights and Equal Opportunity Commission 2011. Australia and the Universal Declaration of Human Rights
82 Gardiner-Garden, J, 1999. Pps. 3-5.
83 Nicholson, A, 2010. Proximities of justice: the theory of practice in global and local contexts Human rights and the NT Intervention. in John Barry
Memorial Symposium http://www.ncca.org.au/files/Natsiec/Alastair_Nicholson_-John_Barry_Mem__speech__3_.pdf
84 Cox, E, 2011. Evidence-Free Policy Making? The Case of Income Management. Journal of Indigenous Policy - Issue 12
85 Law Council of Australia, 2011. United Nations declaration on the rights of Indigenous peoples. http://www.lawcouncil.asn.au/programs/national-
policy/indigenous/un-declaration.cfm
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Successive Australian governments' have discounted Aboriginal peoples' rights by dissociating the
government’s own role and responsibility for human rights while recasting the equal
opportunity, mutual responsibility and the 'fair go' mentality. These new strategies fail to
address the lack of social, cultural, economic, civil and political rights which limit the capacity
and free choice of Aboriginal people by enforcing land, political, social, education, economic
and cultural restrictions that continue even today.86 87 88 89 90 91 92 93 94 95 96 97 98

Almost half of Australia's non-Indigenous population does not accept that Aboriginal people suffer
any real disadvantage. Whilst many believe in the concepts and are advocates of social justice
at an international level, they have limited understanding and little interest in appreciating how
historical and contemporary human rights violations continue to restrict Aboriginal people from
realising all their rights.99 100 101 102 103 Aboriginal people are compelled to reject traditional
values, adopt material values and compete with others for economic and social resources in
the community.104

86 Ife, J, 2004. Pps. 5-6, 7-8.


87 Creative Spirits, 2011. Aboriginal history timeline. viewed 18/12/2011. http://www.creativespirits.info/aboriginalculture/history/
88 Gardiner-Garden, J. 1999.
89 Cameron, K, 2011.
90 Beadman, R, 2011. NT Coordinator General Report 4. Viewed 18/12/2011. www.workingfuture.nt.gov.au/overview/progress_reports.html
91 Marks, G, 2009. Outstation policy - how we got from there to here. In Outstations - Homelands http://stoptheintervention.org/outstations---
homelands/outstation-policy Viewed December 2011
92 Holmes, B, 2011. Citizens' engagement in policymaking and the design of public services. in Policy and Public Administration Paper
No. 1.
93 Armstrong, A, Francis, R & Totikidis, V, 2004. Managing community governance: determinants and inhibiters p.1. 18th ANZAM Conference.
Dunedin, NZ.
94 Smith, D.E, 2005. Researching Australian Indigenous governance: a methodological and conceptual framework. Pps. 8-10 in Working Paper No.
29/2005. ANU Centre for Aboriginal Economic Policy Research
95 Giannacopoulos, M, 2007. Nomos basileus: The reign of law in a 'world of violence'. Pps. 3-5 ACRAWSA e-journal, Vol. 3 No. 1.
96 Quirk, B, 2007. Roots of cooperation and routes to collaboration p.56 in The collaborative state: How working together can transform public
service
97 Wright, A. & Elvin, R, 2011. Assessing Shared Responsibility in Ali Curung. Pps. 30-31 in DKCRC Working Paper 82. Ninti One Limited, Alice
Springs.
98 Briggs, L, 2009. Policy implementation through devolved government. p.46 in Challenges. Australian Public Service Commission
99 Turner, B.S, 1993. Citizenship and social theory. p. ix Sage Publications Ltd. City University of New York, USA.
100 Walker, Y, 1993. Aboriginal family issues. Pps. 51-53 in Family Matters No. 35. Secretariat for National Aboriginal and Islander Child Care.
101 Boughton, B, 1999. Strategies to overcome institutional racism in education: A submission to the Collins Review of Aboriginal education in the NT
. p.1 CRC for Indigenous and Tropical Health, Menzies School of Health Research, Central Australian Unit
102 Robertson, B, Demosthenous, C.M, Demosthenous H.T, & Soole, D.W, 2005.
103 Murray, Bell et al 2002, Pps. 7-12, 103-112
104 Council of Australian Governments, 2011. National Affordable Housing Agreement: Performance report for 2009–10 P.39.
http://www.coagreformcouncil.gov.au/reports/docs/naha_09-10/naha_09-10_vol1.pdf
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JM Nemorin : 2012

Local governments in South Australia are often presumed to promote all the rights of those in the
community.105 However, local councils are constrained by federal, state government and
planning legislation 106that does not acknowledge or make any commitment to respect, protect
or promote the human rights of Aboriginal people. 107 108 109 110 111 112 113

Government policies like the 2007 suspension of Part II the Racial Discrimination Act (RDA) 1975,
the NT Emergency Response, compulsory money management, mainstreaming social welfare
and housing services, ongoing mining, township as well as local government developments
that trivialise or disrespect Aboriginal land rights and custodianship of local ancestral lands
continue to demoralise and disempower Aboriginal communities.114 115 116 117 118

105 Armstrong, A, Francis, R & Totikidis, V, 2004. Managing community governance: determinants and inhibiters. P.3. 18th ANZAM Conference.
Dunedin, NZ.
106 Commonwealth of Australia, Department of Regional Australia, Regional Development and Local Government, 2011. Expert panel on constitutional
recognition of local government: final report December 2011. Pps. 15-16.
http://localgovrecognition.gov.au/sites/localgovrecognition.gov.au/files/ExpertPanel-FinalReport.pdf
107 International Council on Human Rights Policy, 2005. Local Government and Human Rights: Doing Good Service. Pps.15, 82. Versoix, Switzerland.
108 Local Government Association, 2000. How councils work: roles, functions and objectives of councils. Regulations 2000, viewed 16/3/2011.
http://www.localgovt.sa.gov.au/how_councils_work/roles,_functions_and_objectives_of_councils
109 City of Marion, 2011. Community engagement framework. Pps. 29-341
http://www.marion.sa.gov.au/webdata/resources/files/CEF_introduction.pdf (Viewed 22/3/2012)
110 City of Marion, 2011. Governance: Policies. http://www.marion.sa.gov.au/page.aspx?u=100 (Viewed 22/3/2012)
111 City of Marion, 2011. How we work together. http://www.marion.sa.gov.au/webdata/resources/files/How_We_Work_Together_Policy.pdf
112 International Council on Human Rights Policy, 2005. P. 78.
113 Australian Local Government Association, 2009. Inquiry into planning, zoning and development assessments, in Australian Local Government
Association News 3/9/2010. https://alga.asn.au/newsletter/newsletters.ALGA.NEWS.20100903
114 Turner, B.S, 1993. Citizenship and social theory. Sage Publications Ltd. City University of New York, USA., p.14.
115 Murray, R, Bell, K, Elston, J, Ring, I, Frommer, M & Todd, A, 2002. Pps. 27-28.
116 Australian Indigenous Doctors' Association Ltd, 2011. Intervention continues to cause harm: new report. Media Release 58.
http://www.aida.org.au/pdf/media/MR58.pdf
117 Hughes, H, Hughes, M and Hudson, S, 2010. Private housing on Indigenous Land. p. 2. Policy Monograph No. 113. Centre for Independent
Studies, St. Leonards NSW.
118 NT Elders and Community Representatives, 2011. No more! Enough is enough! in Statement by Northern Territory Elders and Community
Representatives. Melbourne 4/11/2011.
Collaborating for human rights: SACOSS as an effective service for Aboriginal wellbeing Page 15 of 34
JM Nemorin : 2012

Political policy, rhetoric as well as populist opinion makers like Baluch and Bolt have used the media
to conceal the relationship between the demoralising and negative impact of the government's
role in the ongoing violation of the human rights of Indigenous people and the increasingly
marginalised position of Aboriginal communities.119 120 121 122 123 124 125 126 127 128 129 130

The mainstream culture of disdain for the human rights of Aboriginal people that exists in Australia
is clearly reflected in Jenny Macklin's speech as Minister for Families, Housing, Community
Services and Indigenous Affairs in 2009. While she applauded the 'aspirational' articles of
UNDRIP she simultaneously discounted any genuine commitment by publicly declaring that
these principles were not binding under any Australian law.131 132

Aboriginal rights are inherent human rights, however, that can never be a matter of contest.
Aboriginal, indeed all human dignity, respect, wellbeing and social and economic participation
is only possible when the interdependence of all civil, political, land and cultural rights are
acknowledged, respected and promoted.133 134 135 136 137 138 139 140

119 Abbot, T 2002. Grass roots capitalism - corporate leaders for Indigenous employment conference
http://www.tonyabbott.com.au/LatestNews/Speeches/tabid/88/articleType/ArticleView/articleId/3701/GRASS-ROOTS-CAPITALISM--CORPORATE-LEADERS-FOR-INDIGENOUS-
EMPLOYMENT-CONFERENCE.aspx
120 Sidoti, C, 2005. p.8
121 Morseu-Diop, N, 2007. An Indigenous social worker's response to John Howard's Intervention in the Northern Territory.
http://www.whatsworking.com.au/WomenforWik/pdfs/INDIGENOUS_SOCIAL_WORKER.pdf
122 Pitty, R, 2010. Indigenous citizenship as unfinished business.
123 Roy, A.J, 1998. Sovereignty and Decolonization: Realizing Indigenous Self-Determination Pps. 48-49, at the United Nations and in Canada, Cornell University.
124 Federal Court of Australia, 2011. Eatock v Bolt [2011] FCA 1103 http://www.austlii.edu.au/au/cases/cth/FCA/2011/1103.html
125 Gillard, J, 2011. Third Annual Close the Gap speech to the Australian Parliament http://blankpagesummit.com/wp-content/uploads/2010/03/2011-Closing-the-Gap-Report-Speech-
to-Parliament.pdf
126 Kates, S, 2011. Andrew Bolt loses racial vilification court case. http://catallaxyfiles.com/2011/09/28/andrew-bolt-loses-racial-vilification-court-case/
127 Adlam, N, 2011. SA mayor's threat to NT Aborigines. in NT News. http://www.ntnews.com.au/article/2011/04/05/222381_ntnews.html
128 Bolt, A,2009. It's so hip to be black. Herald sun newspaper Ltd. Viewed 8/11/2011.
http://blogs.news.com.au/heraldsun/andrewbolt/index.php/heraldsun/comments/column_white_is_the_new_black
129 Ozsoapbox, 2011. Online website. http://ozsoapbox.com/rest-of-australia/aboriginals/aboriginal-finance-spend-10-million-to-loan-2-million/ http://ozsoapbox.com/rest-of-
australia/aboriginals/government-supresses-bath-report-on-aboriginal-kids/
130 Cordwell, P, 2010. Examining the Barrier that Discourses of White Privilege put in the way of Dialogue between Indigenous and Non-Indigenous Australians. University of Western
Sydney
131 Macklin, J, 2009. We could wait no longer on shanty towns . in The Age 25/05/2009. http://www.theage.com.au/opinion/we-could-wait-no-longer-on-shanty-towns-20090524-
bjgc.html?page=-1
132 Macklin, J, 2010. Indigenous home ownership issues paper. In FaHCSIA Indigenous Housing.
http://www.fahcsia.gov.au/sa/indigenous/pubs/housing/indig_home_ownership/Documents/ch_4.htm
133 Dodson, M, 2003. Violence Dysfunction Aboriginality. in National Press Club, ANU Institute for Aboriginal Australia
134 Ife, J, 2004. P. 7.
135 McCarthy, T, 2005. The pursuit of social justice in Australia: A difficult task with the threat from within. p.7 in Good Works. Catholic Bishop's Social Justice Paper, Toowoomba,
Qld.
136 Woodward, R, 2010. Social justice framework 2008-2012. Pps. 1, 12, in Division of Local Government, Department of Premier and Cabinet Multiculturalism Policies and Services
Forward Plan 2010 - 2011
137 NT Aboriginal Elders Statement, 2011. To the people of Australia.
http://www.antar.org.au/sites/default/files/Statement%20by%20NT%20Aboriginal%20Elders%207%20Feb%202011.pdf
138 NT Elders and Community Representatives, November 2011.
139 Sowey, M, 2011. Australian societal values. p.3 in The Australian Collaboration. (Viewed August 2011) http://www.australiancollaboration.com.au/pdf/FactSheets/Societal-values-
FactSheet.pdf
140 Lundy, C, 2011. Social Work, Social Justice, and Human Rights: A Structural Approach to Practice . P.33. University of Toronto Press
Collaborating for human rights: SACOSS as an effective service for Aboriginal wellbeing Page 16 of 34
JM Nemorin : 2012

SACOSS Profile

The South Australian Council of Social Services was established in 1946 as a representative
organisation for a number of Christian and philanthropic community service groups in the
period following the Second World War. Employment, equal community access and
participation in the economic wealth of South Australia still remains the primary focus of
SACOSS’ membership after almost 70 years.141 142

SACOSS has adopted an advisory role with the South Australian Government since their
collaborative Common Ground partnership of 2004 to improve health and wellbeing using a
framework that would deliver more effective services.143

The recent study of the vision, constitution and other available SACOSS Policy statements,
submissions, fact sheets and research papers has identified unwavering advocacy for
vulnerable people on a vast range of issues relating to poverty, access to affordable housing,
social justice and social services in South Australia.

SACOSS has been well aware that the inclusion of human rights within an organisational framework
is central to encouraging a deep understanding and commitment to achieving social justice
within the community. 144 145 146 Despite promoting human rights in areas of specific social or
economic needs, however, SACOSS does not appear to have integrated the principles of the
UDHR within their own organisational culture.

Ongoing Aboriginal disadvantage is primarily addressed as a range of discrete problems or concerns


about basic rights and social exclusion. The unique cultural and social rights of Aboriginal
peoples are not promoted or separately defined in SACOSS policy papers.147 148 Further, the
holistic inter-relationship of all the social, economic, land, cultural, civil and political rights of
the UNDRIP, so essential to well-being and survival of Aboriginal peoples is rarely evident in
the policies or documents researched.149

141 Henley, M, 2008. Success in social innovation in SA, what has happened, what has worked? p.5 History and future of social innovation
conference. Hawke Institute for Sustainable Societies, UniSA
142 SACOSS, 2011. About us. http://www.sacoss.org.au/about.html
143 Government of South Australia Submission to the Productivity Commission on the Contribution of the Not-For-Profit Sector
http://www.pc.gov.au/__data/assets/pdf_file/0017/90620/sub175.pdf
144 Victorian Council of Social Services, 2011. What we do. http://www.vcoss.org.au/what-we-do/indigenous/index.htm
144 O'Brian, C, 2003. Resource and educational empowerment: A social work paradigm for the disenfranchised, in Research on Social Work practice.
p.395
145 United Nations Global Compact, 2006. Business leaders initiative on human rights: A guide for integrating human rights into business
management. Office of the High Commissioner for Human Rights
146 United Nations Office of the High Commissioner for Human Rights, 2011. Guiding principles on business and human rights: Implementing the
United Nations "Protect, Respect and Remedy" framework. A/HRC/17/31 http://www.ohchr.org/Documents/Issues/Business/A-HRC-17-
31_AEV.pdf
147 SACOSS, 2005. Extending Opportunity to All: A blueprint for the elimination of poverty in South Australia
http://www.sapo.org.au/pub/pub3561.html
148 SACOSS, 2007. Blueprint to eradicate poverty in south Australia. http://www.sacoss.org.au/blueprint/
149 SACOSS, 2011. Information and research papers. http://www.sacoss.org.au/publications/index.html
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JM Nemorin : 2012

Governance

Governance is an extension of the word government. It is a relatively modern word first


used in France and England during the 15th century to outline the authority given to
agents in their undertakings for sovereign control.150 Good organisational governance
that is driven by visional and inspirational leadership develops a culture for genuine
and improved service provision.151 152 153 154

Aboriginal activist and leader Prof. Mick Dodson emphasised that good Indigenous
governance and adequate resources are fundamental to Aboriginal peoples' ongoing
wellbeing. This was equally identified by Canadian First Nations, American Indian and
Australian Aboriginal peoples by leaderships that recognise and use holistic, culturally
legitimate community systems of authority, rights, responsibility and accountability.155
156

The Human Rights Council of Australia has recommended that good government
governance and legitimacy should be measured by its capacity to promote and
sustain positive human rights outcomes.157 A shift to include human rights within
organisational goals and strategies is essential to bring about a rights culture within
an organisational framework that leads to more effective services that promote and
protect human rights to achieve greater social justice. 158 159 160

150 de Oliveira Barata, M, 2011. Etymology of the term governance p.1. Head of Portugese Language Translation Service, Director General,
European Commission
151 Chait, R.P, Ryan, P & Taylor, B.E, 2004. Governance as Leadership: Reframing the work of non-profit boards. Board Source
http://www.lupus.org/webmodules/webarticlesnet/articlefiles/3050-Governance-as-Leadership.pdf
152 Health, Queensland, 2011. Governance versus management. in Information Paper No. 2 June 2011. http://www.health.qld.gov.au/health-
reform/docs/govn_mngt.pdf
153 Government of South Australia, 2002. Public sector responsiveness in the 21st century: A review of South Australian processes. Fwd.
http://intra.sa.gov.au/human_resources/PublicSect_Report/PublicSectorReviewReport.pdf
154 Commonwealth Government of Australia, 2010. Ahead of the Game: Blueprint for the Reform of Australian Government Administration
. Fwd.
Advisory Group on Reform of Australian Government Administration
155 Reconciliation Australia, 2011. Indigenous governance and culture . P.4, 8-9 in Indigenous Governance Toolkit.
156 Hunt, J, Smith, D, Garling, S and Sanders, W, 2008. Culture, power and institutions in Indigenous Australia, p.xvii. in Contested Governance
Research Monograph No. 29. Centre for Aboriginal Economic Policy Research ANU Canberra
157 Human Rights Council of Australia Inc, 2003. Inquiry into human rights and good governance education in the Asia Pacific region. in Submission
Joint standing committee on foreign affairs, defence and trade.
158 Ife, J, 2004. Pps. 7-10.
159 The Libra Foundation 2005. Close to Home: Bringing Human Rights to Illinois. Pps. 9-14. Viewed 17/7/2011.
http://www.thelibrafoundation.org/downloads/Bringing%20Human%20Rights%20to%20Illinois%20Report.pdf
160 Ford Foundation, 2007. Close to home: Case studies of human rights work in the United States.
http://www.fordfoundation.org/pdfs/library/close_to_home.pdf
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JM Nemorin : 2012

In 1994 John Howard acknowledged that the promotion and protection of human rights
are integral to responsible governance. 161 Former Foreign Affairs minister Alexander
Downer, however, makes a very valid observation that unless the broader civil
society, media, community groups and NGO's understand and fulfill their obligation to
promote and protect human rights by actively holding the government accountable
there is an ongoing risk of rights violation. 162

Government executives also recognise that effective community service for Aboriginal
people can only be achieved through good government governance where committed
leaderships inspire and drive organisational ethics and aspirations.163

161 Commonwealth of Australia, 2005. Australia's National Framework for Human Rights National Action Plan, 1994. Pps. 6, 28-31. Human Rights
Branch, Attorney-General’s Department.
162 Downer, A, 1997. Promoting Good Governance and Human Rights through the Aid Program. Pps. 2-4, 9. in Australian Agency for International
Development.
163 Shergold, P, 2005. Annual Report of the Department of the Prime Minister and Cabinet. P. 77. Commonwealth of Australia
Collaborating for human rights: SACOSS as an effective service for Aboriginal wellbeing Page 19 of 34
JM Nemorin : 2012

In the wider Australian community, governance is heavily promoted as a legitimate tool for
bureaucratic management, political and institutional control. Despite the strong
relationship between good governance of government, government funded
organisations and Aboriginal wellbeing, the obligation to protect human and
Indigenous rights are rarely prioritised in the promotion, design and delivery of
mainstream services. 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183

SACOSS recognises that good governance is essential to foster greater respect, promotion
and protection of human rights in the community and strongly supports an Australian
Human Rights Act which will underpin government services. 184 185

164 Hooley, N, 2002. Participatory action research and the struggle for legitimation. p.13 in Problematic Futures: Educational Research in an Era of
.. Uncertainty. AARE International Education Research Conference Brisbane Qld.
165 Tesoriero, F, 2006. Strengthening communities through women's self help groups in South India. P.33 in Community Development Journal Vol.
41, No. 3.
166 O'Brian, C, 2003, p.394
167 State of Tasmania, 2007. Exclusionary practices in Supported Accommodation Assistance Program (SAAP) funded services: A background paper.
Pps. 1-7. Community Partners, Housing Tasmania Department of Health and Human Services
http://www.dhhs.tas.gov.au/__data/assets/pdf_file/0017/9350/Background_Paper_on_ExclusionaryPractices_in_SAAP-Attachment.pdf
168 Donkoh, W, 2008. Traditional leadership, human rights and development: The Asante example. p.1 Dept. of General & African Studies, Kwame
Nkrumah University of Science & Tech., Kumasi.
169 UN Department of Social and Economic Affairs, 2006. Social Justice in an Open World: The Role of the United Nations. ST/ESA/305 p.23-24, 31
in International Forum for Social Development. http://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf
170 Australian Council for International Development, 2011. Executive summary p.4. in Submission to the Independent Review of the Effectiveness
and Efficiency of the Australian Aid Programme
171 Donkoh, W, 2008.
172 Jeffries, S, 2009. Crossroads in Indigenous leadership in Murdi Paaki Regional Assembly Pps. 8-10.
http://www.mpra.com.au/Lectures/Sam_Leadership%20_7_.pdf
173 Australian Government, Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), 2012. Indigenous Home
Ownership Issues Paper 2010 Chptr 4. (Viewed 9/2/2012)
http://www.fahcsia.gov.au/sa/indigenous/pubs/housing/indig_home_ownership/Documents/ch_4.htm
174 Briggs, L, 2009. Policy implementation through devolved government. in Challenges. Australian Public Service Commission.
175 Shergold, P, 2006. Indigenous Economic Opportunity: the Role of the Community and the Individual in First Nations Economic Opportunities
Conference
176 NT Elders, February 2011
177 NT Elders and Community Representatives, November 2011
178 O'Brian, C, 2003. p.394
179 UN Dept. Economic & Social Affairs, 2006, Pps. 23-24, 31.
180 Government of South Australia, 2009. Corporate governance: Governance – the exercise of public authority for the common good. Central
Northern Adelaide Health Service, Govt. of South Australia.
181 Australian Council for International Development, 2011. What we do, p.4. http://www.acfid.asn.au/what-we-do/docs_what-we-
do/docs_hrproject/Questions%20about%20the%20hrba%2020100713.pdf
182 Davenport, S, Johnson, P & Yuwali, 2005. Cleared out Aboriginal Studies Press Aust.
183 MacDermott, K, 2011. Whatever happened to frank and fearless? The impact of new public management on the Australian public service Pps.
56, 110. Anzog Series, ANU Press.
184 SACOSS, 2011. Constitution. www.sacoss.org.au/online_docs/SACOSS Constitution November 2007.pdf
185 SACOSS, 2011. The South Australian Council of Social Service (SACOSS) submission into the Australian Governments' National Human Rights
Consultation.
http://www.humanrightsconsultation.gov.au/www/nhrcc/submissions.nsf/list/FAC796AB3F5BF662CA25761C0081DDE7/$file/South%20
Australian%20Council%20of%20Social%20Service%20Inc_AGWW-7SX5JY.txt
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JM Nemorin : 2012

Currently there are more than 9,000 community organisations, private corporations, non-
government organisations, banks, corporate entities, philanthropic foundations as well as
government community workers agree that good governance founded upon a human rights
framework improves the capacity for consumer participation, reduces disadvantage, improving
services and achieving greater success in community projects. 186 187 188 189 190 191 192 193 194 195
196 197 198199

Several Australian Councils of Social Services - ACTCOSS, QCOSS, VCOSS 200 201 202 203 have
integrated a human rights-based vision as part of their organisations’ mission. They
acknowledge the ongoing connection of Aboriginal and Torres Strait Islander peoples to their
land and living culture and they have developed strategies that guide their organisation in
restoring Aboriginal rights and developing more effective service outcomes.

186 Craven, Z, 2003. Human Rights and Domestic Violence Pps. 6-7. http://www.adfvc.unsw.edu.au/PDF%20files/human_rights.pdf
187 O'Neill, W.G, 2003. The Current Status of Human Rights Mainstreaming Review of Selected CCA/UNDAFs and RC Annual Reports
188 Ford Foundation, 2004. Close to home. in Case studies in human rights work in the United States.
189 Human Rights Law Resource Centre, 2010. Business and Human Rights: Setting the Agenda P.1 http://www.hrlrc.org.au/files/Policy-Paper-
Business-and-Human-Rights2.pdf
190 Australian Injecting & Illicit Drug Users League (AIVL) 2010. Objectives of the Australian Injecting & Illicit Drug Users League. (AIVL)
http://www.aivl.org.au/database/sites/default/files/resources/AIVL%20Aims%20%26%20Objectives.pdfAustralian Institute of
Aboriginal and Torres Strait Islander Studies 2011.
http://www1.aiatsis.gov.au/exhibitions/e_access/book/m0063258/m0063258_a.htm
191 Australia and New Zealand Banking Group Ltd. (ANZ), 2010. Respecting people and communities. http://www.anz.com/about-us/corporate-
responsibility/framework/responsible-practices/human-rights/
192 Origin Energy, 2011. Origin's human rights policy. http://www.originenergy.com.au/3599/Human-Rights
193 Westpac Banking Corporation, 2011. Our principles for doing business. P.5.
http://www.westpac.com.au/docs/pdf/aw/Principles_for_doing_business.pdf
194 Australian Government Attorney General's Department, 2011. In our hands: a guide to human rights for Australian public servants.
http://www.ag.gov.au/Humanrightsandantidiscrimination/Humanrightsandthepublicsector/Documents/In%20our%20hands.pdf
195 Queensland Government, 2012. Human services quality standards. P.6 in Fair, Cohesive and Vibrant Communities. Department of Communities.
http://www.communities.qld.gov.au/resources/funding/human-services-quality-framework/human-services-quality-framework.pdf
196 Telstra Corporation, 2011. Human rights company policy. http://www.telstra.com.au/abouttelstra/download/document/telstra-human-rights-
policy.pdf
197 Homelessness Australia, 2012. About us: Values. http://www.homelessnessaustralia.org.au/site/vision.php
198 Volunteering North Queensland, 2012. About us. http://www.volunteeringnthqld.org.au/about_volunteering.htm
199 Australian capital Territory, 2012. A human rights culture. in Community Services. Viewed 20/4/2012
http://www.dhcs.act.gov.au/home/publications/human_rights
200 ACT Council of Social Services 2009. ACT Council of Social Services Strategic Plan 2009-2013. P.4.
http://www.actcoss.org.au/publications/strategic_plan_2009-13.pdf
201 VCOSS, 2011. VCOSS vision, mission and values. http://www.vcoss.org.au/aboutUs/vision.htm
202 VCOSS, 2011. VCOSS Indigenous. http://www.vcoss.org.au/what-we-do/indigenous/index.htm
203 QCOSS, 2011. QCOSS About us. http://www.qcoss.org.au/about-us
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JM Nemorin : 2012

While SACOSS advocates that the Australian government adopt a human rights based governance
framework it does not appear, however, to have integrated the principles of UNDHR and UN
DRIP within its own constitution. Any connection between effective services for Aboriginal
people and human rights was not evident in SACOSS policies. 204 205

The author was unable to access a SACOSS organisational policy document that articulates and
endorses Aboriginal and Torres Strait Islander peoples’ living culture and ongoing connection
to country.

204 SACOSS, 2005. Extending Opportunity to All A blueprint for the elimination of poverty in South
205 SACOS, 2011. Constitution. www.sacoss.org.au/online_docs/SACOSS Constitution November 2007.pdf
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JM Nemorin : 2012

CONCLUSION

The findings and commentary presented in this submission have demonstrated that social, political,
economic and cultural rights are legitimate, universal, indivisible and interconnected human
rights.

The documented and collective opinions of Aboriginal peoples, the international community and
academics agree that the restriction of civil and political rights of any person in order to
improve economic and social rights of others is counter-productive and a violation of human
rights.

The ongoing inability to freely exercise all Indigenous and human rights in harmony are directly
relevant to the contemporary disadvantage of Aboriginal peoples.

Historical evidence confirms that justice is compromised if uncontested state rule is not held to
account. Vigorous advocacy in partnership with like-minded independent service organisations
has been demonstrated as the most effective mechanism for advancing the human rights
within a social justice agenda.

The abundant and verifying data in this paper has clarified the notion that adopting a genuine
human rights framework within the SACOSS organisation is the catalyst for the delivery of
genuine, culturally appropriate and more effective services for all people in South Australia.
However, motivated leadership and good governance is essential to developing an
organisational culture that acknowledges, protects and promotes Indigenous rights for the
realisation of sustainable wellbeing of all Aboriginal peoples.
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JM Nemorin : 2012

RECOMMENDATIONS

SACOSS’ commitment to improve service outcomes for Aboriginal people can be enhanced by
implementing three interrelated and fundamental issues which are submitted here for SACOSS
review.

That:

1. SACOSS acknowledge that all human and Indigenous rights are inter-related, indivisible and
essential to wellbeing and survival of Aboriginal people.

2. SACOSS publicly acknowledge and incorporate human rights principles as a fundamental goal.

3. SACOSS management improve their capacity to inspire staff, member organisations and the
wider community to respect, promote and restore Aboriginal rights.
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JM Nemorin : 2012

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