Report - Office of the High Commissioner on Human Rights

Testimonies <strong>of</strong> Indigenous Women with Disabilities
Kim Curtis Newton, Australia
I wish to acknowledge <strong>the</strong> indigenous land we are standing on and bring greetings from <strong>the</strong> Wabbinga
tribe in Tamworth, Australia. Our organisation received grants from Rio Tinto and Westpac to hold
community consultations - 95% <strong>of</strong> whom were Indigenous women in rural areas. This was <strong>the</strong> first
such consultation in <strong>the</strong> area. The shocking conditions <strong>of</strong> Aboriginal housing in NSW and <strong>the</strong> response
were overwhelming. From <strong>the</strong> one consultation we identified 70 legal cases. I will be drawing on <strong>the</strong>se
consultations for this testimony, but no real names are used.
Case Study 1 – The picture (see Annex A) <strong>of</strong> my client’s home shows <strong>the</strong> stairs are not properly built
and several services are missing. There is no safe access to <strong>the</strong> building. The electricity is exposed in
<strong>the</strong> walls. Only one light works in <strong>the</strong> house. There is no protection from <strong>the</strong> natural elements. The
windows are broken. Australia has services such as home-care, Aboriginal nursing in homes, meals
for elders in <strong>the</strong> day and night – but none <strong>of</strong> <strong>the</strong>se are accessible to my client because <strong>the</strong> structure
<strong>of</strong> her home is so unsafe service providers will not go in. Even her children can not visit because <strong>of</strong>
<strong>the</strong> safety issues. Her house is in such a state because <strong>the</strong> construction was never completed and her
housing has not been modified as she has got older to accommodate her needs. She has no money
to do any renovations or pay <strong>the</strong> rates. She has a hearing disability and is now suffering diabetes,
arthritis and asthma.
She is a victim <strong>of</strong> corruption. The house had initially been purchased by <strong>the</strong> Aboriginal Corporation
Department in 1976 for $1. She began renting <strong>the</strong> house from <strong>the</strong> Corporation 30 years ago. In 1975,
<strong>the</strong> Corporation was declared bankrupt and ATSIC allowed her to purchase <strong>the</strong> structures for 38,000
dollars. She thought she was renting it, not purchasing it. Being unable to hear properly, she must
have misunderstood. She had assumed all repairs on <strong>the</strong> house would be done by <strong>the</strong> Corporation.
In good faith she has paid $80/fortnight for 30 years, but is now informed she has only paid <strong>of</strong>f $5-
6000 <strong>of</strong>f her loan. ATSIC has refused to give her any information about her payments. Now <strong>the</strong>
authorities cannot determine who has jurisdictional responsibility to repair <strong>the</strong> home.
Case Study 2 – Indigenous elder living in a Department <strong>of</strong> Housing home. She asked for her house
to be made accessible (i.e. ramps, modifies taps etc.) because she has arthritis. She lobbied <strong>the</strong>
Department for three years, not supported by any organisation with no result. They argued that <strong>the</strong>
house would need to be demolished and rebuilt, which would cost about $80-100,000. She ended
up having to move into a nursing home at <strong>the</strong> age 54 years. She is very depressed a having to live
in an old age home at such a relatively young age. She tried to return to a Department <strong>of</strong> Housing
unit, with <strong>the</strong> help <strong>of</strong> a case worker from People with Disability (NGO), but <strong>the</strong> house allocated was
not culturally appropriate.
Case Study 3 – In 1988 <strong>the</strong> Australian Human Rights Commission reported that <strong>the</strong> housing conditions
in Boggabilla was worse than in third world countries. Since <strong>the</strong>n nothing has changed. Everything
is falling down, but now we can add o<strong>the</strong>r towns in New South Wales in similar conditions – Tamulum,
Dubbo etc. Many <strong>of</strong> <strong>the</strong>se places used to be missions. One <strong>of</strong> <strong>the</strong> community nurses, working as an
outreach worker, went with us to <strong>the</strong> mission and wretched when she saw <strong>the</strong> conditions. The missions
were placed about one hour outside <strong>of</strong> <strong>the</strong> town, so until today <strong>the</strong>re is no public transport. If someone
has a heart attack <strong>the</strong>y can expect to wait an hour before any medical assistance arrives. To go shopping,
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