A/HRC/15/37/Add.4
individualization of lands could implicate threats to indigenous peoples’ cultural integrity
and way of life, in addition to affronting their property rights.
F.
Women, children and families
45.
Aboriginal and Torres Strait Islander women and children continue to suffer
distressingly high rates of violence and poor living conditions. The Australian Bureau of
Statistics found that 18.3 per cent of indigenous women experienced physical or threatened
abuse in a 12-month period, compared with 7 per cent of non-indigenous women. Further,
according to the Overcoming Indigenous Disadvantage report, 41 out of every 1,000
indigenous children were under care and protection orders, compared to 5.3 per 1,000 nonindigenous children.17 Concern was expressed that some children under these care and
protection orders are placed in environments outside of their communities and cultures.
46.
Additionally, the findings of the 2007 report Ampe Akelyernemane Meke Mekarle
“Little Children are Sacred”, issued by the Board of Inquiry into the Protection of
Aboriginal Children from Sexual Abuse and commissioned by the government of the
Northern Territory, and other studies, such as the National Aboriginal and Torres Strait
Islander Social Survey, indicate high incidence of child sexual abuse in Aboriginal
communities. These reports provide the backdrop for many of the policy initiatives of the
Government of Australia related to indigenous peoples, most notably the aggressive
measures under the Northern Territory National Emergency Response (NTER) programme.
47.
While specifically oriented towards the eradication of child sexual abuse in the
Northern Territory, the NTER in fact addresses a range of economic and social issues that
confront the Northern Territory. The Special Rapporteur acknowledges the importance of
many parts of the NTER programme; however, he also notes with concern that many of its
aspects are characterized by extreme measures that single out indigenous peoples and
communities for separate treatment, a strategy that involved the Government’s decision in
2007 to suspend the protections of the Racial Discrimination Act in relation to NTER
provisions. The NTER measures that are of particular concern to the Special Rapporteur are
addressed further in appendix B to this report.
48.
A number of mainstream programmes are in place to address the key issues of
protection and safety both in the Northern Territory and elsewhere. Notably, the Family
Violence Prevention Legal Services programme provides community-controlled justice,
advisory and referral centres for victims of family violence. In addition, the National
Council to Reduce Violence Against Women and their Children, established in 2008,
operates at a national level to design and implement the National Plan to Reduce Violence
Against Women and their Children. The Commonwealth Government also administers the
Indigenous Parenting Support Service programme and the Indigenous Women’s
programme.
49.
The Special Rapporteur commends the Government for attaching urgency and
priority to the issue of protecting vulnerable groups and abating violence against women
and children. However, despite the NTER initiative and other Government responses,
violence and other problems persist. In this connection, the Special Rapporteur heard
reports of a lack of access by Aboriginal and Torres Strait Islander women, especially
women in remote communities, to legal assistance. In addition, the Special Rapporteur
heard expressions of concern that government authorities fail to engage in a real dialogue
with Aboriginal and Torres Strait Islander women to formulate practical and culturally
17
GE.10-13887
Overcoming Indigenous Disadvantage, p. 260.
13