Bringing-Them-Home-Report-Web

The Inquiry’s evaluation criteriaTerm of reference (d) requires us to take into account the principle of selfdeterminationin formulating our recommendations with respect to laws, policies andpractices relating to child placement and care. Adoption of this principle is fundamentalto progress in Indigenous affairs generally. It must also underpin changes to laws,policies and practices relating to services and procedures for those affected by forcibleremoval.Term of reference (b) requires us to consider the adequacy of existing services andprocedures. For a service to be adequate it must at least operate in a fair and timely waywithout imposing additional harm on clients or potential clients. This requires thatservices take account of the variety of life circumstances and the extent and duration ofthe need for assistance in the Indigenous community. One measure of inadequacy is theunmet need for the service.In addition to evaluation criteria dictated by the terms of reference, we have alsotaken into account Australia’s human rights obligations: notably, the obligations ofgovernments to prevent racial discrimination and to respect and promote the right ofmembers of ethnic, religious and linguistic minorities to enjoy their cultures, religionsand languages.Self-determinationSelf-determination is a collective right of peoples to determine and control their owndestiny. It is a right to exercise autonomy in their own affairs and a right to make theirown decisions. As the Aboriginal and Torres Strait Islander Social Justice Commissionerhas noted, ‘every issue concerning the historical and present status, entitlements,treatment and aspirations of Aboriginal and Torres Strait Islander peoples is implicated inthe concept of self determination’ (Dodson 1993 page 41).For evaluation purposes it is necessary to distinguish between different levels ofIndigenous participation in decision-making and service delivery. Self-determinationrequires more than consultation because consultation alone does not confer any decisionmakingauthority or control over outcomes. Self-determination also requires more thanparticipation in service delivery because in a participation model the nature of the serviceand the ways in which the service is provided have not been determined by Indigenouspeoples. Inherent in the right of self-determination is Indigenous decision-making carriedthrough into implementation.The right of self determination is the right to make decisions. These decisions affect theenjoyment and exercise of the full range of freedoms and human rights of indigenous peoples(Dodson 1993 page 41).The relevant distinction is between a program or policy freely adopted byIndigenous peoples and a program or policy adopted by government about or forIndigenous peoples (Dodson 1993 page 43). The former reflects an exercise of selfdetermination.The latter does not. To respect the right of self-determination,