The failure of Australian legislation on indirect discrimination to detect the systemic racism which prevents Aboriginal people from fully participating in the workforce

Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.

What health services within rural communities tell us about Aboriginal people and Aboriginal health

There is a growing body of literature within social and cultural geography that explores notions of place, space, culture, race and identity. When health services in rural communities are explored using these notions, it can lead to multiple ways of understanding the cultural meanings inscribed within health services and how they can be embedded with an array of politics. For example, health services can often reflect the symbolic place that each individual holds within that rural community. Through the use of a rural health service case study, this paper will demonstrate how the physical sites and appearances of health services can act as social texts that convey messages of belonging and welcome, or exclusion and domination. They can also produce and reproduce power and control relations. In this way, they can influence the ways that Aboriginal people engage in health service environments – either as places where Aboriginal people feel welcome, comfortable, secure and culturally safe and happy to use the health service, or as places where they utilise the service provided with a great deal of effort, angst and energy. It is important to understand how these complex notions play out in rural communities if the health and wellbeing of Aboriginal people is going to be addressed.

An interview with Avigail Eisenberg : “Reasoning about the Identity of Aboriginal People”

Document de travail

Factors influencing health care utilization following a cardiovascular event among aboriginal people in Central Australia

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Exploring Aboriginal People's connection to country to strengthen human-nature theoretical perspectives

Purpose
Aboriginal people across Australia have diverse practices, beliefs and knowledges based on thousands of generations of managing and protecting their lands (Country). The intimate relationship Aboriginal people have with their Country is explored in this chapter because such knowledge is important for building insight into the relationship between social and ecological systems. Often in research Aboriginal views have been marginalised from discussions focused on their lands to the detriment of ecosystems and human health. This chapter aims to understand if such marginalisation is evident in Western human–nature relationship discourses.

Approach
This chapter provides a critical literature review which examines whether Aboriginal people’s diverse understanding of their ecosystems have been incorporated into human–nature theories using the biophilia hypothesis as a starting point. Other concepts explored include solastalgia, topophilia and place.

Findings
Critiques of these terminologies in the context of Aboriginal people’s connection to Country are limited but such incorporation is viewed in the chapter as a possible mechanism for better understanding human’s connection to nature. The review identified that Aboriginal people’s relationship to Country seems to be underrepresented in the human–nature theory literature.

Value
This chapter emphasises that the integration of Aboriginal perspectives into research, ecological management and policy can provide better insight into the interrelationships between social and ecological systems.

Aboriginal people and local government. A Shepparton story

Sequential governments have created policies to deal with the "Aboriginal problem". None of these have been particularly successful. I contend that the absence of effective dialogue has been the cause of most failures. I also argue that future policies will also fail unless a dialogic approach of deep listening, respect and love is adopted.

Implementing the Flinders Model of self-management support with Aboriginal people who have diabetes : findings from a pilot study

A pilot program for Aboriginal people with diabetes on Eyre Peninsula, South Australia, aimed to test the acceptability and impact of using the Flinders model of self-management care planing to improve patient self-management. A community development approach was used to conduct a twelve-month demonstration project. Aboriginal health workers (AHWs) conducted patient-centred, self-management assessment and care planning. Impacts were measured by patient-completed diabetes self-management assessment tool, goal achievement, quality of life and clinical measures at baseline and 12 months. Impact and acceptability were also assessed by semi-structured interviews and focus groups of AHWs. Sixty Aboriginal people with type 2 diabetes stated their main problems as family and social dysfunction, access to services, nutrition and exercise. Problems improved by 12% and goals by 26%, while quality of life scores showed no significant change. Self-management scores improved in five of six domains. Mean HbA1c reduced from 8.74-8.09 and mean blood pressure was unchanged. AHWs found the process acceptable and appropriate for them and their patients. It was concluded that a diabetes self-management program provided by AHWs is acceptable, improves self-management and is seen to be useful by Aboriginal communities. Barriers include lack of preventative health services, social problems and time pressure on staff. Enablers include community concern regarding the prevalence and mortality associated with diabetes.

‘We don’t leave our identities at the city limits’ : Aboriginal and Torres Strait Islander people living in urban localities

Aboriginal and Torres Strait Islander people who live in cities and towns are often thought of as ‘less Indigenous’ than those who live ‘in the bush’, as though they were ‘fake’ Aboriginal people — while ‘real’ Aboriginal people live ‘on communities’ and ‘real’ Torres Strait Islander people live ‘on islands’. Yet more than 70 percent of Australia’s Indigenous peoples live in urban locations (ABS 2007), and urban living is just as much part of a reality for Aboriginal and Torres Strait Islander people as living in remote discrete communities. This paper examines the contradictions and struggles that Aboriginal and Torres Strait Islander people experience when living in urban environments. It looks at the symbols of place and space on display in the Australian cities of Melbourne and Brisbane to demonstrate how prevailing social, political and economic values are displayed. Symbols of place and space are never neutral, and this paper argues that they can either marginalise and oppress urban Aboriginal and Torres Strait Islander people, or demonstrate that they are included and engaged.

Little theory, big plans : social capital and community building in Aboriginal Australia

The discourse surrounding recent Aboriginal social policy regularly refers to pragmatism and partnership. In a simpler world, we might call this ‘getting things done with Aboriginal people.’ To that extent, the discourse draws on an indisputable common sense, and it is not surprising that a variety of political agendas can be packaged within such language. While many things need to be done, the quantity and particularly the quality of social networks required to take effective policy into effective practice is something we ought to consider more carefully. This is where the concept of social capital could be useful, since it focuses attention on the social resources required to construct social policy, as well as the social resources that could be produced by effective social policy. Partnerships and pragmatism are therefore related at a most fundamental level in terms of social policy. We question whether this important conceptual bedrock has been fully explored. Hence we review here some recent ‘big plans’ for Aboriginal Australia, and ask whether the size of the theory matches the size of the plans.

How Australia’s Indigenous people are positioned within health service sites by our presence and by our absence

De Certeau (1984) constructs the notion of belonging as a sentiment which develops over time through the everyday activities. He explains that simple everyday activities are part of the process of appropriation and territorialisation and suggests that over time belonging and attachment are established and built on memory, knowledge and the experiences of everyday activities. Based on the work of de Certeau, non-Indigenous Australians have developed attachment and belonging to places based on the dispossession of Aboriginal people and on their everyday practices over the past two hundred years. During this time non-Indigenous people have marked their appropriation and territorialisation with signs, symbols, representations and images. In marking their attachment, they also define how they position Australia’s Indigenous people by both our presence and our absence. This paper will explore signs and symbols within spaces and places in health services and showcase how they reflect the historical, political, cultural, social and economic values, and power relations of broader society. It will draw on the voices of Aboriginal women to demonstrate their everyday experiences of such sites. It will conclude by highlighting how Aboriginal people assert their identities and un-ceded sovereignty within such health sites and actively resist on-going white epistemological notions of us and the logic of patriarchal white sovereignty.