E/CN.4/2002/24/Add.1
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108. One of the cases which the Commission helped resolve particularly attracted the attention
of the Special Rapporteur; it concerned the complaint submitted by the Foundation for
Aboriginal and Islander Research Action (FAIRA) against the State of Queensland, which is
reproduced below:
“Case Summary of Race Discrimination complaint in Employment:
“(a)
The complaint:
“The Foundation for Aboriginal and Islander Research Action (‘FAIRA’) lodged a
complaint on behalf of 467 former Aboriginal Palm Islands residents against the State of
Queensland.
“FAIRA claims that these Aboriginal residents were discriminated against on the basis of
their race by the State of Queensland between 31 October 1975 (the commencement of
the Act) until 1984 as they were paid wages at a lower rate than non-Indigenous people
for the same work. FAIRA has submitted that the type of work performed by the
complainants on Palm Island during the relevant period included domestic cleaning in
homes and school dormitories, labouring, working in market gardens and community
farms, working in the power house, hospital and school, etc.
“(b)
Submission from the Queensland government:
“The Queensland State Cabinet approved a proposal from FAIRA to establish an
administrative process to deal with the complaints received by the Commission and for
any other complaints of similar circumstances (statewide) which they estimate to be
around 3,500 other Indigenous persons.
“The Government had agreed to pay any person who can establish they worked for the
Department in the relevant time period with a $7,000 payment, which is the same figure
awarded in decision of Bligh & Ors of Queensland. Details of eligibility for the
compensation were negotiated between FAIRA and State government in that the
claimants would be entitled to the payment if they had worked for the Department for
24 weeks (not necessarily continuously) between 31/10/75 and 1/04/80 or 48 weeks
thereafter. The distinction was drawn because a guaranteed minimum wage was paid to
all departmental workers after 1/04/80. The administrative process will also involve a
free dispute resolution.”
109. This case should be linked to another situation which was described to the Special
Rapporteur and, while being close to that described above in connection with that of the “stolen
generations”, is not similar in every respect:
“Between 1897 and 1975, the majority of Aboriginal and Torres Strait Islander workers
had their wages controlled by the Queensland government in accordance with the
‘Protection Acts’.