Aboriginal Law Bulletin; Human Rights Commission --- "Orwellian Scrutiny: Aborigines on Queensland Reserves" [1986] AboriginalLawB 53; (1986) 1(22) Aboriginal Law Bulletin 7

• Orwellian Scrutiny: Aborigines On Queensland Reserves

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Orwellian Scrutiny:
Aborigines on Queensland Reserves

The Human Rights Commission has published an important new discussion paper which provides a telling analysis of the impact of Queensland's Aboriginal laws on an Aboriginal community.

Discussion Paper No. 7: The aspirations of Aborigines living at Yarrabah in relation to local management and human rights, was prepared for the Commission by Barbara Miller, a Queensland sociologist who has worked extensively with Aboriginal communities.

In her study, Ms Miller assesses the aspirations of Aborigines living at Yarrabah both before and after the passage of Queensland Government legislation which purported to give local management and rights equal to those enjoyed by other Queenslanders to Aborigines on Queensland reserves. And she reviews the extent to which those aspirations have been met by the provisions of the laws, the Community Services (Aborigines) Act 1984 (Qld) and the Land Act (Aboriginal and Islander Land Grants) Amendment Act 1984 (Qld).

An earlier Commission publication, Report No. 9 Community Services (Aborigines) Act 1984 reported to the Attorney-General last year on the human rights implications of that legislation. Discussion paper No. 7 was commissioned in order to provide a detailed account of the situation in one Aboriginal community. Yarrabah.

Yarrabah is located near Cairns, has a population of approximately 1522 and covers 154.4 square kilometres. It was established as a Church of England mission in 1892 and was handed over to Queensland government administration in 1960.

At the time of this study. March - May 1984, the people of Yarrabah had two basic aspirations: land rights and self-determination, the latter meaning community control through a locally elected council and not control by the Under-Secretary of the Department of Community Services through a local agent, a European Executive Officer.

The situation of the Yarrabah community is analysed in terms of the requirements of the Racial Discrimination Act and of international instruments relating to human rights and freedoms - the international Covenant on Civil and Political Rights and the International Convention on the Elimination of all forms of Racial Discrimination - which Australia has ratified.

The study found that the Queensland laws are racially discriminatory; that they infringe the most basic of human rights, such as:

• political rights
• equality before the law
• self-determination
• the right of freedom of assembly
• equal wage rates
• the right to privacy
• the right to inherit

The report concludes that:

Aborigines in Queensland have fewer rights at law than other Queenslanders and are subject to an Orwellian-type scrutiny that the rest of the community would not tolerate.

Aboriginal laws have been and still are instruments of oppression and discrimination. Depending on the phase of Queensland government policy, Queensland laws have also been instruments of segregation and assimilation. Equality means the right to be different and the right to equal opportunity for Aborigines to determine their own future.

Copies of Discussion Paper No.7 are available from the Commission; and, since the Commission's purpose in issuing such papers is to generate public discussion it invites general or detailed comment on the issues discussed in the Paper.

Human Rights Newsletter, No. 18, July, 1986.