Submission to the Social Development Committee Inquiry into the Potential for a Human Rights Act for South Australia

Introduction

For 40 years SNAICC has advocated for the rights of Aboriginal and Torres Strait Islander children and welcomes the opportunity to provide a submission to the Social Development Committee’s Inquiry into the potential for a Human Rights Act for South Australia (the Inquiry). Aboriginal and Torres Strait Islander children experience disproportionate disadvantage in comparison to non-Indigenous children and an absence of formal structures which effectively protect and uphold their rights. The Inquiry provides an opportunity for the South Australian government to address these structural failures through the formal recognition of the rights of Aboriginal and Torres Strait Islander children.

SNAICC supports the development and implementation of frameworks which promote and protect human rights across Australia, including in South Australia. Our submission draws heavily from the submission we made to the Federal Inquiry into Australia’s Human Rights Framework which included consultation with our member organisations and Aboriginal and Torres Strait Islander leaders. This submission focuses on the specific rights held by Aboriginal and Torres Strait Islander children and the need to uphold and protect these rights in any human rights framework developed and implemented in South Australia.

Recommendations

SNAICC provides the following recommendations:

1. The South Australian Government enact a South Australian Human Rights
2. The South Australian Human Rights Act include all rights set out in the United Nations Convention on the Rights of the Child, the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations Convention of the Rights of Persons with
3. The South Australian Human Rights Act and any complementary instruments, frameworks and legislation align with and explicitly acknowledge the role of the National Agreement on Closing the Gap Priority Reforms in advancing rights protections.
4. The South Australian Human Rights Act and any complementary instruments, frameworks and legislation be consistent with the rights contained within the Aboriginal and Torres Strait Islander Child Placement Principle.
5. The implementation of Human Rights Acts in South Australia be complemented by appropriate resourcing for, and investment in, ACCOs to ensure Aboriginal and Torres Strait Islander children and families have access to the universal and targeted services needed to enjoy their rights in full.
6. The South Australian Human Rights Act and any complementary instruments, frameworks and legislation include appropriate resourcing and investment in remedy pathways and the ACCO legal sector to ensure Aboriginal and Torres Strait Islander children have equitable access to complaint mechanisms.
7. The Social Development Committee directly consult with the Commissioner for Aboriginal Children and Young People when considering the oversight and accountability mechanisms of all human rights frameworks.
8. All processes to develop, implement and evaluate any human rights instruments in South Australia align with the National Agreement on Closing the Gap by ensuring shared decision-making with Aboriginal and Torres Strait Islander people and communities via Aboriginal and Torres Strait Islander peak bodies.
9. The Social Development Committee facilitate meaningful participation from Aboriginal and Torres Strait Islander children and young people at all stages of its work.