Cover image: Lagau Mawa
Photographer: George Seras, National Museum of Australia

Artist: Yessie Mosby
Community: Masig
Clan: Kazi/Gudu madh
Medium: Mixed media – goa nuts, feathers, human hair, pig tusk, paint, seed, raffia, grass, dye
Created: 2017

Description: ‘Once was done with pride, it is now being done to survive’. This mask is a shell of its former self. Today it is looked upon as a mask, but in its prime it was the pinnacle of the island, the tribe and the nation. It signifies lores, traditions, values, customs and, above all, ceremonial attributes to the people of the Zenadth Kes (Torres Strait). It is symbolic of who we are as a people, our beliefs and our traditions. It was our governing body that connected our spirits to the land, sea and sky. This is Lagau Mawa, which means ‘Island Mask’.

The cover image embodies traditional ritual knowledge of the Masig community. It is created with the consent of the custodians of the community. Dealing with any part of the image for any purpose that has not been authorised by the custodians is a serious breach of customary laws of the Masig community.

ISBN 978-0-6483238-0-8

© Commonwealth of Australia, 2019

With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material presented in this document is provided under a Creative Commons licence. The details of all the relevant licence conditions are accessible on the Creative Commons Website: at http://creativecommons.org.au/learn/licences.

This document must be attributed as: Torres Strait Regional Authority, Torres Strait Development Plan 2019-2022.

Torres Strait and the Northern Peninsula Area

THE TORRES STRAIT REGION

The Torres Strait region stretches 150 kilometres, from Cape York Peninsula to 3.73 kilometres off the south-west coast of Papua New Guinea. Its western-most border is 73.5 kilometres from Indonesia. The region covers an area of approximately 42,000 square kilometres.

The region straddles the Australia – Papua New Guinea international border and contains the Torres Strait Protected Zone, established under the Torres Strait Treaty between the two countries to acknowledge and protect the traditional way of life and livelihood of the Indigenous inhabitants.

The region is identified by the Australian Bureau of Statistics as the Torres Strait Indigenous Region. The majority of the region’s population is Indigenous, comprising two distinct Indigenous races – Torres Strait Islander and Aboriginal. The population is located on 18 island communities in the Torres Strait and five Torres Strait Islander and Aboriginal communities in the Northern Peninsula Area of Cape York.

The Torres Strait Regional Authority delivers services to all communities in the Torres Strait and to Bamaga and Seisia on Cape York.

THE TSRA VISION

EMPOWERING OUR PEOPLE, IN OUR DECISION, IN OUR CULTURE, FOR OUR FUTURE

KALA LAGAW YA

Ngalpun yangu kaaba woeydhay, a ngalpun muruygaw danalagan mabaygal kunakan palayk, bathayngaka

MERIAM MIR

Buaigiz kelar obaiswerare, merbi mir apuge mena obakedi, muige merbi areribi tonarge, ko merbi keub kerkerem

The Indigenous people of the Torres Strait are a separate race of First Nations peoples who speak two distinct traditional languages and six dialects. Torres Strait Islanders in the Eastern Islands speak the traditional language of Meriam Mir, which includes the Mer and Erub dialects. The Western and Central Island groups speak Kala Lagaw Ya, which includes the dialects of Kulkalgau Ya, Kalaw Kawaw Ya, Kwarareg and Mabuyag. Torres Strait Creole and English are also spoken.

Our vision is expressed in the languages of our region, recognising the importance and diversity of our culture and traditional languages.

Our vision signifies that the heart of our region is our people, with culture an important part of our lives now and into the future. Empowering our people to contribute to and make decisions regarding their future ensures that our culture will remain strong and that the future will be guided by the people who live in the region and understand and promote its unique characteristics.

AILAN KASTOM

The recognition of Ailan Kastom (island custom) is enshrined in the Aboriginal and Torres Strait Islander Act 2005. Ailan Kastom means the body of customs, traditions, observances and beliefs of some or all of the Torres Strait Islanders living in the Torres Strait area, and includes customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.

CULTURAL EMPOWERMENT PRINCIPLE

All TSRA partnerships, programmes and services are developed and delivered in accordance with the principle of cultural empowerment and respect the unique cultural protocols of the Kaurareg, Maluilgal, Guda Maluiligal, Kulkalgal, Kemer Meriam, and Northern Peninsula Area peoples.

FOREWORD

I am pleased to present the Torres Strait Development Plan 2019-2022, which sets out how the Torres Strait Regional Authority (TSRA) will contribute over the next four years to implementing the Australian Government’s Indigenous Advancement Strategy and closing the gap between Torres Strait Islander and Aboriginal people in the Torres Strait region and people on mainland Australia.

This Development Plan was developed based on the Council of Australian Governments (COAG) framework currently in place. The Australian Government will work towards a new framework and refreshed COAG targets in the coming year.

The aspiration for regional governance is recognised by the Commonwealth of Australia in the Aboriginal and Torres Strait Islander Act 2005 and places the special and unique Ailan Kastom of the Torres Strait at the centre of formulating and coordinating all programs towards the development and growth of our people. We are privileged to better integrate our public policy, essential services and community needs through the coordination of Commonwealth, state and local government initiatives under various Acts. The principles of these Acts are legislatively embedded by instruments of the Australian Government and Queensland Government that ensure that our rights are constantly reflected nationally at COAG and internationally at the United Nations.

Over previous periods, the TSRA undertook a coordination role to bring together government agencies in the region through an integrated approach to service delivery, resulting in the development of the Torres Strait and Northern Peninsula Area Regional Plan 2009-2029. The Regional Plan provides goals to guide strategic policy in the region. As part of the Integrated Service Delivery framework, 19 community booklets were developed to identify community needs and any service gaps in communities.

Since the state and local government elections in 2016 there have been changes to key stakeholders, which has impacted on the Integrated Service Delivery framework. Over the next period, the TSRA will facilitate a review to re-establish the Integrated Service Delivery framework and lead the updating of the community booklets to ensure that they are living documents that our communities and all stakeholders can use to guide services and investment in our communities.

The TSRA’s programmes are set out in this Development Plan, which specifies how each programme will contribute to achieving the goals of the Indigenous Advancement Strategy and the Regional Plan. The TSRA programmes are aligned to the Indigenous Advancement Strategy and the COAG Building Blocks for overcoming Indigenous disadvantage.

The TSRA acknowledges the assistance and ongoing support of its partner agencies, including Australian Government and Queensland Government agencies and local government councils as well as our Torres Strait and Northern Peninsula Area communities, Prescribed Bodies Corporate, Traditional Owners and Elders.

Through working together, we will succeed in empowering our people, in our decision, in our culture, for our future.

signature of Mr Napau Pedro Stephen AM
Mr Napau Pedro Stephen AM
Chairperson
Torres Strait Regional Authority

CONTENTS

Section One Torres Strait Development Plan

Section Two About the TSRA

Section Three Economic Development Programme

Section Four Fisheries Programme

Section Five Culture, Art and Heritage Programme

Section Six Native Title Programme

Section Seven Environmental Management Programme

Section Eight Governance and Leadership Programme

Section Nine Healthy Communities Programme

Section Ten Safe Communities Programme

Appendices

Abbreviations

SECTION
ONE TORRES STRAIT DEVELOPMENT PLAN

FUNCTION

The Torres Strait Regional Authority (TSRA) is required to formulate and implement a plan to guide the progress of the Torres Strait region towards 2022. This plan is required under Section 142D of the Aboriginal and Torres Strait Islander Act 2005, which states:

The TSRA must formulate, and revise from time to time, a plan to be known as the Torres Strait Development Plan (the Plan).

The aim of the Plan is to improve the economic, social and cultural status of Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area.

The Plan must outline the strategies and policies that the TSRA intends to adopt in order to implement the Plan, including, but not limited to, a marine strategy for the Torres Strait area.

Each Plan must relate to a period of at least 3 years and not more than 5 years.

The TSRA must review the Plan regularly.

The TSRA must perform its functions under this section in consultation with the Minister.

Without limiting the operation of the Freedom of Information Act 1982, the TSRA Chief Executive Officer must ensure that copies of the Plan as in force from time to time are available for inspection and purchase at each office of the TSRA.

The TSRA Chief Executive Officer must cause notice of the publication of the Plan to be published in the Gazette.

The Torres Strait Development Plan (Development Plan) covers a period of four years, consistent with the terms of TSRA Board members. It is part of the Integrated Planning Framework for the Torres Strait and Northern Peninsula Area (depicted at Appendix 1).

The Development Plan focuses on service delivery to the Torres Strait islands and the Northern Peninsula Area. The planned outcomes and benefits of the Development Plan are delivered through the TSRA’s annual corporate plans, and achievements against the performance measures are reported in the TSRA’s annual reports to Parliament.

STRATEGIC ALIGNMENT

This section explains the relationships between the Torres Strait Development Plan 2019-2022 and other regional and national planning documents.

Torres Strait and Northern Peninsula Area Regional Plan 2009-2029

The Torres Strait and Northern Peninsula Area Regional Plan 2009-2029 (Regional Plan) was developed by the TSRA, the Torres Strait Island Regional Council (TSIRC), the Torres Shire Council (TSC) and the Northern Peninsula Area Regional Council (NPARC), with support from the Queensland Government, following a comprehensive community engagement process.

The Regional Plan provides 11 goals to guide strategic policy development by all government service providers in the Torres Strait and Northern Peninsula Area. The goals of the Regional Plan are:

Economic Development – Enhance our region’s wealth, by creating sustainable industries and increasing employment opportunities for our people equivalent to the wider Australian community.

Housing – To achieve the provision of adequate, appropriate and affordable housing.

Governance and Leadership – Effective and transparent self-government, with strong leadership.

Environmental Management – Our natural and cultural environment is an asset that is protected, preserved and enjoyed through sustainable management.

Public Health – Enhance both healthy communities and our living environment.

Communities – Safe, healthy, respectful and progressive communities, based on Ailan Kastom and Aboriginal traditions.

Art, Culture and Heritage – Protect, promote, revitalise and maintain Torres Strait Islander and Aboriginal traditions and cultural heritage.

Native Title – Protect, maintain and progress Native Title rights and recognition over the region’s land and sea country.

Schooling – Increase regional education to a national standard that is flexible and culturally appropriate, leading to a successful transition from school to jobs and a positive career path.

Social Services – Strong families and safe and healthy communities that are guided by cultural and traditional lore.

Early Childhood – To nurture early learning development and socialisation opportunities that incorporate Indigenous traditional and cultural practices to build strong and resilient communities.

The TSRA has developed eight programmes which are informed and driven by the Regional Plan and the goals and aspirations of the residents of the region. This Development Plan should therefore be read in conjunction with the Regional Plan.

Copies of the Regional Plan are available from the TSRA, TSIRC, TSC, NPARC and the Queensland Department of Torres Strait Islander and Partnerships office on Thursday Island. The Regional Plan can be downloaded from the TSRA website, www.tsra.gov.au.

The Regional Plan is supported by the Integrated Service Delivery action plan, which involves government at all levels working in the region to achieve the coordinated, integrated delivery of services.

COAG Building Blocks for Overcoming Indigenous Disadvantage

Through the National Indigenous Reform Agreement, the Council of Australian Governments (COAG) agreed to a partnership between all levels of government to work with Indigenous communities to close the gap in Indigenous disadvantage. COAG agreed to the following targets:

Close the gap in life expectancy within a generation.

Halve the gap in mortality rates for Indigenous children under five within a decade.

Ensure all Indigenous four-year-olds in remote communities have access to early childhood education within five years.

95 percent of all Indigenous four-year-olds enrolled in early childhood education (renewed target).

Halve the gap for Indigenous students in reading, writing and numeracy within a decade.

Halve the gap for Indigenous people aged 20-24 in year 12 attainment or equivalent attainment rates by 2020.

Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

“ALL TSRA PARTNERSHIPS, PROGRAMMES AND SERVICES ARE DEVELOPED AND DELIVERED IN ACCORDANCE WITH THE PRINCIPLE OF CULTURAL EMPOWERMENT.”

COAG recognises that overcoming Indigenous disadvantage will require a long-term, generational commitment, and will require major effort across seven strategic platforms, or Building Blocks, which support reforms aimed at closing the gap against the seven specific targets. The Building Blocks endorsed by COAG are:

Early Childhood

Schooling

Health

Economic Participation

Healthy Homes

Safe Communities

Governance and Leadership.

During 2019, some of the Closing the Gap targets will expire and, through a community consultation process, the Australian Government will work towards a new framework and refreshed targets. Once this process has been finalised the Development Plan will be remapped and, if necessary, realigned to the new framework and targets.

Indigenous Advancement Strategy

The Australian Government introduced the Indigenous Advancement Strategy on 1 July 2014, with the objective of achieving real results in the key priority areas of getting children to school, getting adults into work, and building safer communities.

The strategy has streamlined many individual programmes and activities into five broad programmes, to make it easier for organisations to deliver important services in communities. The five programmes are:

Jobs, Land and Economy – Getting adults into work, fostering Indigenous business and assisting Indigenous people to generate economic and social benefits from the effective use of their land.

Children and Schooling – Getting children to school, improving education outcomes and supporting families to give children a good start in life.

Safety and Wellbeing – Ensuring that Indigenous people are healthy and enjoy the emotional and social wellbeing experienced by other Australians.

Culture and Capability – Supporting Indigenous Australians to maintain their culture, participate in the economic and social life of the nation and ensure that organisations are capable of delivering quality services to their clients.

Remote Australia Strategies – Addressing the social and economic disadvantage in remote Australia and supporting solutions based on community and government priorities.

United Nations Declaration on the Rights of Indigenous Peoples

The TSRA is committed to the observance of the Declaration on the Rights of Indigenous Peoples as set out in Resolution 61/295 of the United Nations General Assembly. The TSRA recognises the declaration as a standard to be pursued in a spirit of partnership and mutual respect.

The TSRA’s programmes make a direct contribution to 36 of the 46 articles of the declaration.

TSRA’s Programmes

In addition to being aligned with the outcomes of the Regional Plan, the TSRA’s eight programmes align with the COAG Building Blocks and the Indigenous Advancement Strategy, and contribute to the delivery of the Indigenous-specific outcomes outlined in the National Indigenous Reform Agreement. They also support the advancement of the rights of Indigenous peoples in line with the articles of the United Nations declaration.

Appendix 2 shows how the COAG Building Blocks and the TSRA’s regional goals and programmes align.

Appendix 3 shows how the TSRA programme benefits align with the Indigenous Advancement Strategy programmes and COAG Closing the Gap targets.

Appendix 4 shows how the TSRA has mapped its programme outcomes to the articles of the Declaration on the Rights of Indigenous Peoples.

SECTION
TWO ABOUT THE TSRA

FORMATION

The TSRA was established on 1 July 1994 under the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth), and is currently enabled by the Aboriginal and Torres Strait Islander Act 2005 (Cth).

The TSRA is a corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013 (Cth), and falls under the legislative requirements of that Act in its use and management of public resources. The Public Governance, Performance and Accountability Act 2013 (Cth) requires the TSRA to develop a corporate plan each year, outlining its operations. A copy of the current TSRA corporate plan can be accessed on the TSRA website (www.tsra.gov.au/the-tsra/corporate-information).

The TSRA is the leading Commonwealth representative body for Torres Strait Islander and Aboriginal people living in the Torres Strait, including two communities (Bamaga and Seisia) in the Northern Peninsula Area. The TSRA comprises 20 elected representatives (the Board) and Australian Public Service administrative staff. The elected representatives are Torres Strait Islander and Aboriginal people who live and work in the region. The TSRA Board elects a Chairperson, a Deputy Chairperson and an Alternate Deputy Chairperson. A Chief Executive Officer is responsible for the TSRA’s administration and staffing.

FUNCTIONS

The TSRA has the following functions, as outlined in section 142A(1) of the ATSI Act:

to recognise and maintain the special and unique Ailan Kastom of Torres Strait Islanders living in the Torres Strait area;

to formulate and implement programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

to monitor the effectiveness of programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area, including programs conducted by other bodies;

to develop policy proposals to meet national, State and regional needs and priorities of Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

to assist, advise and co-operate with Torres Strait Islander and Aboriginal communities, organisations and individuals at national, state, territory and regional levels;

to advise the Minister on:

matters relating to Torres Strait Islander affairs, and Aboriginal affairs, in the Torres Strait area, including the administration of legislation;

the co-ordination of activities of other Commonwealth bodies that affect Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area;

when requested by the Minister, to provide information or advice to the Minister on any matter specified by the Minister;

to take such reasonable action as it considers necessary to protect Torres Strait Islander and Aboriginal cultural material and information relating to the Torres Strait area if the material or information is considered sacred or otherwise significant by Torres Strait Islanders or Aboriginal persons;

at the request of, or with the agreement of, the Australian Bureau of Statistics but not otherwise, to collect and publish statistical information relating to Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

such other functions as are conferred on the TSRA by this Act or any other Act;

such other functions as are expressly conferred on the TSRA by a law of a State or of an internal Territory and in respect of which there is in force written approval by the Minister under section 142B;

to undertake such research as is necessary to enable the TSRA to perform any of its other functions; and

to do anything else that is incidental or conducive to the performance of any of the preceding functions.

The TSRA also performs separate functions under the Native Title Act 1993, as the Native Title Representative Body for the Torres Strait. In April 2019, the Minister for Indigenous Affairs extended the TSRA’s role as Native Title Representative Body until 30 June 2021.

PLANNED OUTCOME

The TSRA’s planned outcome, as published in the Prime Minister and Cabinet Portfolio Budget Statements, is:

Progress towards closing the gap for Torres Strait Islander and Aboriginal people living in the Torres Strait Region through development planning, coordination, sustainable resource management, and preservation and promotion of Indigenous culture.

PROGRAMMES

The TSRA will deliver eight programmes that contribute to the regional goals expressed in the Regional Plan to achieve the targets for which the TSRA has a regional policy or service delivery role outlined in the National Indigenous Reform Agreement. The programmes are set out in this Development Plan as follows.

Economic Development

See Section 3

and

Annexes A-1, A-2 and A-3

Fisheries

See Section 4

and

Annexes B-1, B-2 and B-3

Culture, Art and Heritage

See Section 5

and

Annexes C-1, C-2 and C-3

Native Title

See Section 6

and

Annexes D-1, D-2 and D-3

Environmental Management

See Section 7

and

Annexes E-1, E-2 and E-3

Governance and Leadership

See Section 8

and

Annexes F-1, F-2 and F-3

Healthy Communities

See Section 9

and

Annexes G-1, G-2 and G-3

Safe Communities

See Section 10

and

Annexes H-1, H-2 and H-3

Sections three to 10 provide the following information for each programme:

Overview and Aims – provides a general overview of the programme and its aims.

Regional Goal – sets out the programme’s goal associated with the goals of the Regional Plan.

Regional Issues – sets out the issues that the TSRA Board has identified as focal points for the programme’s outcomes and includes baseline data where relevant to a particular issue.

Programme Outcomes – describes the planned outcomes of the activities and projects in the programme, reflecting the TSRA’s goal of achieving positive change.

Benefits – sets out the measurable and meaningful improvements that will result from the programme’s outcomes. The benefits are described as those achievable during the life of the current Development Plan (2019-2022), and those intended to be achieved in subsequent development plans. Over the life of this Development Plan, changes to benefits statements may be made as current benefits are realised or new benefits are identified.

Performance Measures – lists the indicators which are used to measure achievement of the programme’s outcomes and benefits.

Projects and Initiatives – sets out the programme’s ongoing activities and specific projects that must contribute to the programme’s outcomes and benefits and meet the criteria of effective use of resources and value for money.

Contribution to the Indigenous Advancement Strategy – describes how the programme contributes to the five key programme areas of the Indigenous Advancement Strategy.

Contribution to Closing the Gap Targets – describes how the programme’s outcomes contribute to the COAG Closing the Gap targets.

Contribution to Articles of the Declaration on the Rights of Indigenous Peoples – describes how the programme’s outcomes contribute to the articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Programme Map (annex) – maps the relationships between the programme’s initiatives, outputs, outcomes, benefits, and strategic direction.

Programme Overview (annex) – summarises information on the programme and its outcomes, benefits, performance measures and initiatives, for the benefit of communities and other stakeholders.

Programme Benefits (annex) – summarises the programme’s benefits and sets out the targets and recipients for each performance measure.

SECTION
THREE ECONOMIC DEVELOPMENT PROGRAMME

OVERVIEW AND AIMS

Economic growth and sustainability are essential for the development of the Torres Strait and Northern Peninsula Area. The Torres Strait region is remote and sparsely populated. The costs of accessing services and doing business are high. Welfare dependency is also high, and people in the region require assistance to achieve economic independence. The support and skills training needed to assist Indigenous people to transition to full-time work, take on higher level jobs, or own and operate their own businesses, are inadequate.

It is vital that jobs that generate real wealth for the individual, the community and the region are created. Through the Torres Strait Regional Economic Investment Strategy, Torres Strait Islander and Aboriginal people in the region will be supported to establish and operate businesses, contributing to a region with a strong future.

The programme aims are to:

improve support and advisory services for the Torres Strait Islander and Aboriginal business community in the region

encourage business skills development

act as a whole-of-region economic development solution broker by improving access to business information and services

improve access to capital to support growth of the Torres Strait Islander and Aboriginal business sector and increase home ownership to build financial security and personal and family wealth

work with stakeholders to initiate employment and training opportunities for Torres Strait Islander and Aboriginal people in the region.

REGIONAL GOAL

Enhance our region’s wealth, by supporting industry development and increasing employment opportunities for our people equivalent to the wider Australian community.

REGIONAL ISSUES

One of the most remote and sparsely populated locations in Australia, lending to low scales of economy.

High cost of basic services and doing business in the region.

Complex land tenure that restricts home ownership, limiting intergenerational wealth creation.

Limited business acumen and access to information.

High unemployment and lack of economic independence.

Lack of some critical infrastructure such as communication infrastructure.

PROGRAMME OUTCOMES

Increased capability of Torres Strait Islander and Aboriginal people in the region to manage commercially viable businesses.

Improved access to capital and other opportunities to finance commercially viable businesses.

Increased number of commercially viable businesses owned and/or operated by Torres Strait Islander and Aboriginal people in the region.

Improved wealth of Torres Strait Islander and Aboriginal people in the region.

Increased employment and training opportunities.

BENEFITS

2019-2022

Access to business acumen training and skills development.

Torres Strait Islander and Aboriginal people successfully completing business skills development courses.

Economically independent Torres Strait Islander and Aboriginal people in the region.

Commercially viable businesses and home ownership.

Future Development Plans

Increase in commercially viable businesses owned and/or operated by Torres Strait Islander and Aboriginal people.

Improved individual wealth and economic independence of Torres Strait Islander and Aboriginal people in the region.

PERFORMANCE MEASURES

Number of clients accessing the Economic Development Business Support Panel.

Number of clients participating in approved business workshops, courses, forums and/or summits.

Improved business information and services content on the Economic Development website.

Number of Community Development Program (CDP) job seekers transitioned into paid employment.

Number of TSRA employment and training projects across the region.

Number of participants completing training through the Torres Strait Marine Pathways Project.

Number of senior secondary students completing training through the Growing Our Own Tagai Transitions Maritime training.

Number of businesses owned and/or operated by Torres Strait Islander and Aboriginal people in the region.

All parts of the CDP Agreement are administered on behalf of the Commonwealth.

Torres Strait Regional Economic Investment Strategy is in place.

PROJECTS AND INITIATIVES

The Economic Development Programme has a mandate from the TSRA Board to undertake the following initiatives and activities:

concessional home loans

concessional business loans

business training

business support services

TSRA Regional Economic Investment Strategy Phase One

Business Development Strategy – provide targeted assistance for the development of commercially viable businesses in three focal industry sectors: Fisheries, Arts and Creative Industries, and Tourism/Visitor Economy.

TSRA Regional Economic Investment Strategy Phase Two

Torres Strait Regional Economic Investment Strategy – identify priorities and strategies to address the Torres Strait region’s economic development enablers, such as transport and communications infrastructure, as outlined in the Regional Economic Investment Strategy.

employment and training projects.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Economic Development Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Economic Development Programme contributes to 11 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 13

Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 26

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 31

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 32

Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

Article 36

Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.

States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

ANNEX A-1 PROGRAMME MAP – ECONOMIC DEVELOPMENT

ANNEX A-2 PROGRAMME OVERVIEW – ECONOMIC DEVELOPMENT

ANNEX A-3 PROGRAMME BENEFITS – ECONOMIC DEVELOPMENT

SECTION
FOUR FISHERIES PROGRAMME

OVERVIEW AND AIMS

Progressing towards 100 percent ownership of commercial fisheries in the region is a key aspiration of the people in the Torres Strait region. Increasing wealth in the Torres Strait region through commercially viable businesses, participation and employment in the fisheries industry are key aims of the Fisheries Programme. There is a need to ensure that the management of the Torres Strait fisheries is economically sustainable and that commercial fishers are engaged in the management of the region’s fisheries.

The aim of the programme is to increase wealth in the region through commercially viable participation in the fishing industry, while ensuring the ecologically sustainable management of fishery resources, by:

progressing towards 100 per cent ownership of the region’s commercial fisheries

improving access and capacity to use the region’s commercial fisheries

contributing to the sustainable management of the region’s fisheries

improving the effectiveness of engagement of commercial fishers in the management of the region’s fisheries.

REGIONAL GOAL

Enhance our region’s wealth, by managing and maintaining sustainable fishing industries and increasing employment and economic opportunities for our people.

REGIONAL ISSUES

There are relatively low levels of commercial use of the fisheries resources by Torres Strait Islander and Aboriginal people of the region.

The TSRA is acting as the temporary custodian of revenue generated from the lease-out of the region’s commercial fisheries until a commercial entity to manage fisheries interests is established.

There is limited onshore infrastructure to support commercial fishing operations.

Torres Strait Islander and Aboriginal people of the region own the majority share of the tropical rock lobster fishery and the entire finfish and bêche-de-mer fisheries. There is currently no Torres Strait Islander ownership of the Torres Strait prawn fishery.

Management of Torres Strait fisheries is subject to complex management arrangements through the Torres Strait Projected Zone Joint Authority and the Torres Strait Treaty with Papua New Guinea.

PROGRAMME OUTCOMES

A commercially viable fishing industry which is 100 per cent owned by Torres Strait Islander and Aboriginal people.

Increased participation in commercial fisheries by Torres Strait Islander and Aboriginal people.

Sustainable management of fisheries resources supported by appropriate research.

BENEFITS

2019-2022

Opportunity for increased employment and wealth of Torres Strait Islander and Aboriginal people from the region’s commercial fisheries resources.

Increased revenue derived from the fishing industry by Torres Strait Islander and Aboriginal people.

Future Development Plans

All communities benefit from commercial fisheries which are owned and operated by Torres Strait Islander and Aboriginal people in the region.

PERFORMANCE MEASURES

Percentage of commercial fisheries resources owned by Torres Strait Islander and Aboriginal people.

Percentage of total allowable catch taken by Torres Strait Islander and Aboriginal people.

Revenue derived from leasing and licensing.

Sustainability risk levels for each of the region’s fisheries.

PROJECTS AND INITIATIVES

The Fisheries Programme has a mandate from the TSRA Board to undertake initiatives and activities which contribute to:

progressing towards 100 per cent ownership of the region’s fisheries

delivering projects that increase the capacity to participate in commercial fishing activities

supporting TSRA and community engagement in the Projected Zone Joint Authority

managing the lease-out of unused quota in Torres Strait fisheries

assisting communication with communities on fisheries issues in the region

supporting research into the sustainability and commercial use of Torres Strait fisheries.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Fisheries Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Fisheries Programme contributes to 10 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 32

Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

ANNEX B-1 PROGRAMME MAP – FISHERIES

ANNEX B-2 PROGRAMME OVERVIEW – FISHERIES

ANNEX B-3 PROGRAMME BENEFITS – FISHERIES

SECTION
FIVE CULTURE, ART AND HERITAGE PROGRAMME

OVERVIEW AND AIMS

Ailan Kastom and Aboriginal cultural traditions are central to the lives of the people in the Torres Strait and Northern Peninsula Area. Adequate focus on preserving our culture, history and heritage through art, dance, language and craft skills is imperative. Torres Strait art is unique, is recognised nationally and internationally, and contributes to the preservation of our culture. Protecting our art and culture, including our copyright and intellectual property rights, is an integral element in growing our artists and art centres in the region.

The programme aims are to:

protect culturally significant sites and artefacts to ensure longevity

revitalise and maintain traditional cultural practices (art, dance, language, storytelling and songs) among communities

advocate agreed protocols around the protection of traditional knowledge, intellectual property and copyright (in line with the United Nations Declaration on the Rights of Indigenous Peoples)

promote Ailan Kastom to ensure that services and management practices are underpinned by cultural values and protocols.

REGIONAL GOAL

Protect, promote, revitalise, maintain and develop Torres Strait Islander and Aboriginal traditions and cultural heritage.

REGIONAL ISSUES

Inadequate focus on preservation of culture, history and heritage.

Traditional language use and storytelling is becoming less prevalent as new generations emerge with increasing influence from Western society.

Use of art, dance and traditional craft skills is declining

Fragmentation of language and cultural groups.

Limited awareness of intellectual property and copyright protections.

Availability of and access to resources and facilities to support arts and cultural activities.

PROGRAMME OUTCOMES

Strong, supported and respected Ailan Kastom.

Cultural values and protocols are integrated into service planning and management practice.

The unique cultural heritage and histories of the region are preserved, maintained and promoted.

An active and sustainable arts and crafts industry.

The copyright, intellectual property and traditional knowledge of Torres Strait Islander and Aboriginal people in the region are protected.

BENEFITS

2019-2022

Communities are able to undertake activities strengthening Ailan Kastom, including protocols, language and cultural maintenance.

Increased use of cultural practices, specifically languages, within communities.

Traditional artefacts are located, documented and preserved.

Recording and repatriation of cultural materials and knowledge from national and international institutions and agencies.

Increased:

arts and crafts skills levels

production of arts and crafts.

Increased income derived from arts and crafts by individuals and businesses.

Future Development Plans

Increased incorporation of cultural values and protocols into service planning and management practices.

Cultural heritage records, including sites, artefacts, stories and histories, owned and securely accessible by Torres Strait Islanders.

Increased knowledge and application of copyright and intellectual property rights in relation to arts, crafts, culture and traditional knowledge.

International recognition of the value of Torres Strait Islander and Aboriginal arts and culture.

PERFORMANCE MEASURES

Creation and implementation of the Cultural Development Plan and Regional Language Development Plan.

Number of projects where cultural values and protocols have been integrated.

Number of arts and crafts skills workshops delivered.

Number of artefacts registered with or through the Gab Titui Cultural Centre or other collecting institutions.

Numbers of:

Torres Strait Islander and Aboriginal artists and cultural practitioners supported

active art centres.

Income generated for artists through retail sales and activities at the Gab Titui Cultural Centre.

Number of industry-based activities.

Number of mechanisms developed that increase access to cultural heritage records.

Number of strategic national and international events involving Torres Strait arts and culture.

PROTECTING OUR ART AND CULTURE, INCLUDING OUR COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS, IS AN INTEGRAL ELEMENT IN GROWING OUR ARTISTS AND ART CENTRES IN THE REGION.

PROJECTS AND INITIATIVES

The Culture, Art and Heritage Programme has a mandate from the TSRA Board to undertake the following initiatives and activities:

cultural and language preservation, maintenance, development and promotion

arts industry development

gateway/hub for presenting, preserving, promoting and providing education on Torres Strait Islander and Aboriginal culture and arts

cultural heritage education, preservation and maintenance (links with the Environmental Management Programme)

copyright and intellectual property rights policies and initiatives

cultural values and protocols development projects

integration of community-based cultural and art activities with community and social services delivery where appropriate.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Culture, Art and Heritage Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Culture, Art and Heritage Programme contributes to 18 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8

Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

States shall provide effective mechanisms for prevention of, and redress for:

Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

Any form of forced assimilation or integration;

Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 11

Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

Article 12

Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.

States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 13

Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 14

Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

Article 15

Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.

States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

Article 16

Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.

States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

TORRES STRAIT ART IS UNIQUE, IS RECOGNISED NATIONALLY AND INTERNATIONALLY, AND CONTRIBUTES TO THE PRESERVATION OF OUR CULTURE.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 24

Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 31

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

ANNEX C-1 PROGRAMME MAP – CULTURE, ART AND HERITAGE

ANNEX C-2 PROGRAMME OVERVIEW – CULTURE, ART AND HERITAGE

ANNEX C-3 PROGRAMME BENEFITS – CULTURE, ART AND HERITAGE

SECTION
SIX NATIVE TITLE PROGRAMME

OVERVIEW AND AIMS

The TSRA has been recognised as the regional Native Title Representative Body since 1996. The TSRA’s Native Title Office is responsible for the Native Title Programme and the performance of the TSRA’s functions under the Native Title Act 1993. With the majority of the Torres Strait region in a post-determination environment, it is important that Traditional Owners and Prescribed Bodies Corporate (PBCs) understand and meet their responsibilities under the Native Title Act as well as the Corporations (Aboriginal and Torres Strait Islander) Act 2006, to ensure that appropriate compensation and Native Title rights are managed, respected and protected.

The Native Title Programme will continue to facilitate the securing of legal recognition of Native Title to land and waters in the Torres Strait, and the proper regard for Native Title rights in relation to all projects affecting Torres Strait land and waters.

The programme aims are to:

assist Traditional Owners to obtain legal recognition of Native Title over land and sea in the Torres Strait region

manage and legally protect Native Title rights

build capacity of Native Title PBCs.

REGIONAL GOAL

Protect, maintain and progress Native Title rights and recognition over the region’s land and sea country.

REGIONAL ISSUES

The region is operating predominantly in a post-determination environment with the majority of claims determined.

Land tenure issues remain impediments to economic and social growth in Torres Strait communities.

Most PBCs require ongoing support to build capacity for their operations and community engagement.

There are numerous intramural disputes which impact land tenure in communities and cannot be resolved solely by the Native Title Programme.

There are many compensation claims for Past Acts and Future Acts which have not yet been settled.

PROGRAMME OUTCOMES

Traditional Owners receive appropriate compensation from Past Acts, Invalid Acts, Future Acts and Indigenous Land Use Agreements (ILUAs).

Native Title rights are managed, respected and protected.

Native Title land and sea is accessible for economic and social development.

Intramural disputes are resolved through appropriate means.

PBCs understand and meet their responsibilities under the Native Title Act.

BENEFITS

2019-2022

Traditional Owners derive economic and social benefits from their Native Title ownership of the land and sea.

Effective management of Native Title rights over land and sea by autonomous PBCs.

Future Development Plans

All Traditional Owners receive financial and social benefits from their Native Title lands.

PERFORMANCE MEASURES

Value of compensation determined for PBCs on behalf of Traditional Owners.

Number of successfully determined claims.

Number of ILUAs awaiting registration or registered.

Number of responses to Future Acts.

Number of PBCs in compliance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

PROJECTS AND INITIATIVES

The Native Title Programme has a mandate from the TSRA Board to perform the functions of a Native Title Representative Body under the Native Title Act and undertake initiatives which contribute to:

progressing and successfully negotiating Future Acts and ILUAs with appropriate compensation

progressing Native Title claims to determination by the Federal Court

assisting PBCs to build capacity to effectively engage with communities and maintain compliance with the Native Title Act

assisting PBCs to settle intramural disputes

assisting PBCs within the Kulkalgal, Maluyaligal, Gudamaluyligal and Kemer Kemer Meriam regions to document their traditional economic areas of interest.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Native Title Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Native Title Programme contributes to 26 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8

Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

States shall provide effective mechanisms for prevention of, and redress for:

Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

Any form of forced assimilation or integration;

Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 11

Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

Article 12

Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.

States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 13

Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 15

Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.

States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 27

States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

“THE NATIVE TITLE PROGRAMME WILL CONTINUE TO FACILITATE THE SECURING OF LEGAL RECOGNITION OF NATIVE TITLE TO LAND AND WATERS IN THE TORRES STRAIT.”

Article 28

Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Article 29

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

Article 30

Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.

States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

Article 32

Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

Article 37

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

Article 38

States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

Article 39

Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

Article 40

Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

ANNEX D-1 PROGRAMME MAP – NATIVE TITLE

ANNEX D-2 PROGRAMME OVERVIEW – NATIVE TITLE

ANNEX D-3 PROGRAMME BENEFITS – NATIVE TITLE

SECTION
SEVEN ENVIRONMENTAL MANAGEMENT PROGRAMME

OVERVIEW AND AIMS

Environmental management is essential to ensure the sustainability of key cultural and natural resources of the Torres Strait region into the future. The health of the Torres Strait environment is subject to growing threats, including from the impacts of climate change, shipping, development pressures, marine debris and invasive species.

The TSRA’s Land and Sea Management Unit works in partnership with Torres Strait Traditional Owners, communities, researchers and all levels of government to help address and manage environmental issues, challenges and opportunities facing the region and individual communities. Improved community sustainability, resilience and ability to adapt to climate change are critical to the future viability of our communities. Given our close proximity to Papua New Guinea, collaborative governance arrangements and partnerships to support sustainable management of the region’s environmental values must continue.

The aim of the Environmental Management Programme is to contribute to supporting the regional goal.

REGIONAL GOAL

Empowering Torres Strait Islander and Aboriginal people to sustainably manage and benefit from their land, sea and cultural resources into the future, in accordance with Ailan Kastom, Aboriginal lore and/or law, and Native Title rights and interests.

REGIONAL ISSUES

Threats to key natural and cultural values.

Complex governance and policy arrangements, including treaty mechanisms and Native Title determinations over most islands and sea country in the region.

Sustainability of human settlements and high level of community dependence on imported food, energy and water resources.

Biosecurity and invasive species, including weeds and feral animals.

Climate change impacts on communities and ecosystems.

PROGRAMME OUTCOMES

Key natural and cultural resources are sustainably managed in line with community priorities and traditional ecological knowledge.

Appropriate collaborative governance arrangements and partnerships to support sustainable management of the region’s environmental values.

Greater regional and community-based capacity for the sustainable management of natural and cultural values.

Improved community sustainability, resilience and ability to adapt to climate change.

Decision tools to support regional adaptation to climate change.

“ENVIRONMENTAL MANAGEMENT IS ESSENTIAL TO ENSURE THE SUSTAINABILITY OF KEY CULTURAL AND NATURAL RESOURCES OF THE TORRES STRAIT REGION INTO THE FUTURE.”

BENEFITS

2019-2022

Torres Strait Traditional Owners and communities are well informed and engaged in planning, monitoring and on-ground activities to support the sustainable use, protection and management of natural and cultural resources in the Torres Strait region.

Ongoing bilateral engagement with Papua New Guinea and collaboration with national, state and local governments, Traditional Owners, research organisations and other partner organisations to achieve improved natural and cultural resource management outcomes.

Communities understand climate change risks and what can be done to mitigate them in order to reduce their impacts on culture and wellbeing.

Planning and development decision-making is integrated and sustainable and assists in building community resilience.

Future Development Plans

Torres Strait ecosystems and cultural landscapes are healthy, resilient and well managed.

Strong partnership arrangements and improved governance frameworks for achieving sustainable environmental outcomes for the region.

Communities (in particular Traditional Owners) are empowered to manage their local natural and cultural resources sustainably.

Torres Strait communities and organisations are able to adapt and respond to climate change impacts in the region.

Integrated planning approaches at the local and regional levels to support sustainable development, improve waste management and ensure security of energy, water and traditional food.

PERFORMANCE MEASURES

Number of community-based environmental management plans being actively implemented.

Number of Torres Strait Islander and Aboriginal people employed in land and sea management positions in the region.

Number of partnership arrangements with other agencies (including local government) to support the delivery of environmental management initiatives in the region.

Number of partnerships in place with Traditional Owners, Registered Native Title Bodies Corporate and other local community organisations to deliver environmental projects.

Number of communities supported to undertake local sustainability, resilience and climate change adaptation actions and decisions.

PROJECTS AND INITIATIVES

The Environmental Management Programme has a mandate from the TSRA Board to undertake the following projects and initiatives. Note that many of the programme’s activities are externally funded, and the availability of external funding and the requirements and/or priorities of funding providers may influence project activities.

Land:

Biodiversity planning and management

Invasive species

Sustainable horticulture

Environmental education.

Sea:

Turtle and dugong planning and management

Marine biodiversity

Water quality

State of the environment report card.

People:

Ranger project

Indigenous Protected Areas project

Traditional ecological knowledge project

Traditional Owner engagement

Compliance project.

Coasts and climate:

Climate change adaptation and resilience

Renewable energy.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Environmental Management Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Environmental Management Programme contributes to 11 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 11

Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

“THE HEALTH OF THE TORRES STRAIT ENVIRONMENT IS SUBJECT TO GROWING THREATS, INCLUDING FROM THE IMPACTS OF CLIMATE CHANGE, SHIPPING, DEVELOPMENT PRESSURES, MARINE DEBRIS AND INVASIVE SPECIES.”

Article 12

Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.

States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 29

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

Article 31

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 36

Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.

States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

Article 39

Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

ANNEX E-1 PROGRAMME MAP – ENVIRONMENTAL MANAGEMENT

ANNEX E-2 PROGRAMME OVERVIEW – ENVIRONMENTAL MANAGEMENT

ANNEX E-3 PROGRAMME BENEFITS – ENVIRONMENTAL MANAGEMENT

SECTION
EIGHT GOVERNANCE AND LEADERSHIP PROGRAMME

OVERVIEW AND AIMS

Strong and capable leadership with appropriate governance skills and processes is required for a unified, coordinated and progressive approach in the Torres Strait and Northern Peninsula Area. Meaningful and regular communication and consultation across the region must be maintained with individuals, communities, elected representatives and organisations who deliver services to the region. Investment in our future leaders, including our women and youth, is necessary to enable individuals to experience and learn leadership skills that enable them to accept and undertake leadership responsibilities.

The programme aims are to:

involve Torres Strait Islander and Aboriginal leaders in legislative processes, policies and priorities

undertake capacity building for current and future leaders across the region

support effective regional communication

coordinate the integration of the delivery of government services to the region

improve the governance and leadership capacity of the TSRA.

REGIONAL GOAL

Effective and transparent self-government, with strong leadership.

REGIONAL ISSUES

Communication between all levels of government and communities requires strengthening.

Few young people show interest in leadership.

Gender imbalance in leadership roles.

Increased participation is required for inclusive decision-making in the region.

Lack of coordination and integration of government services across the region.

Regional views not adequately represented in government policy.

PROGRAMME OUTCOMES

Implementation of the National Indigenous Reform Agreement service delivery principles.

Appropriate Torres Strait Islander and Aboriginal participation in decision-making.

Improved communication, cultural competence and service delivery within a community development framework across governments.

Strong Torres Strait Islander and Aboriginal organisational leadership and governance.

BENEFITS

2019-2022

Integrated government services are accessible to communities according to need.

Elected Torres Strait Islander and Aboriginal leaders are involved in effective decision-making.

An appropriate gender balance is achieved in regional governance structures.

Young people participate in regional leadership initiatives.

Future Development Plans

Elected and future leaders have the necessary skills and confidence to make effective decisions.

A appropriate gender balance is achieved in all governance bodies.

Community government service needs are consistently met.

PERFORMANCE MEASURES

Increase in all TSRA services identified in the Regional Plan community booklets.

Level of engagement of elected Torres Strait Islander and Aboriginal leaders in policy development and decision-making.

Increase in Torres Strait Islander and Aboriginal women participating in leadership roles in the region.

Increase in Torres Strait Islander and Aboriginal youth (aged 18-25) who participate in leadership development activities.

PROJECTS AND INITIATIVES

The Governance and Leadership Programme has a mandate from the TSRA Board to undertake the following projects and initiatives:

Governance capacity building

Leadership capacity building

Integrated Service Delivery coordination

Community engagement

Women’s leadership programme

Youth leadership programme

Tertiary education assistance

Support for regional broadcasting.

“MEANINGFUL AND REGULAR COMMUNICATION AND CONSULTATION ACROSS THE REGION MUST BE MAINTAINED WITH INDIVIDUALS, COMMUNITIES, ELECTED REPRESENTATIVES AND ORGANISATIONS WHO DELIVER SERVICES TO THE REGION.”

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Governance and Leadership Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

7. Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Governance and Leadership Programme contributes to 23 articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8

Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

States shall provide effective mechanisms for prevention of, and redress for:

Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

Any form of forced assimilation or integration;

Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 9

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 16

Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.

States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 27

States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 28

Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Article 29

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

“STRONG AND CAPABLE LEADERSHIP WITH APPROPRIATE GOVERNANCE SKILLS AND PROCESSES IS REQUIRED FOR A UNIFIED, COORDINATED AND PROGRESSIVE APPROACH IN THE TORRES STRAIT AND NORTHERN PENINSULA AREA.”

Article 30

Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.

States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

Article 31

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 32

Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

Article 33

Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

Article 35

Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

Article 37

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

Article 38

States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

Article 40

Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

ANNEX F-1 PROGRAMME MAP – GOVERNANCE AND LEADERSHIP

Annex F-2 Programme Overview – Governance and Leadership

ANNEX F-3 Programme Benefits – Governance and Leadership

SECTION
NINE HEALTHY COMMUNITIES PROGRAMME

OVERVIEW AND AIMS

It is recognised that basic living standards must be maintained, and that they contribute to healthy people and communities. The region experiences lower than average health and life expectancy outcomes as well as a higher prevalence of chronic diseases. In addition to this, families and communities face a high cost of living.

Through its initiatives, the Healthy Communities Programme will focus on a proactive role in contributing to, funding, advocating and monitoring health for improved outcomes for the people of the Torres Strait and Northern Peninsula Area. The promotion of healthy and active people in our communities will continue through supporting and monitoring educational initiatives, including initiatives on physical education and nutrition. Monitoring and advocating for healthy and affordable food options, including the availability of fresh fruit and vegetables, is required to support healthy outcomes for people in the region.

The Healthy Communities Programme will provide strategic policy advice to alleviate the lack of suitable housing, overcrowding, and low levels of home ownership by Torres Strait Islander and Aboriginal people.

The programme aims are to:

seek to influence policy for all health programs across all tiers of government

monitor health services and initiatives across the Torres Strait and Northern Peninsula Area and provide strategic policy advice, under the broad umbrella of Integrated Service Delivery

provide direct support targeting healthy lifestyles, including improving the availability of fresh produce and healthy food options and encouraging people to undertake healthy activities

provide some direct support for home ownership.

REGIONAL GOAL

Enhance both healthy communities and our living environment.

REGIONAL ISSUES

Lower than average health and life expectancy outcomes.

Higher prevalence of chronic diseases.

High cost of living.

Access to fresh produce and food security.

Lack of suitable housing and overcrowding.

Insufficient land for houses.

Lower levels of home ownership by Indigenous people.

Inappropriate housing and infrastructure policies and service provision.

PROGRAMME OUTCOMES

Monitor and secure whole-of-government investment in infrastructure to support healthy homes and healthy living environments (including waste management).

Monitor the delivery of primary and public healthcare services to ensure that they are based on regional needs and community priorities.

Improve access to affordable fresh and healthy foods.

Support initiatives which encourage more active and healthy communities.

Affordable home ownership available across the region.

BENEFITS

2019-2022

Communities have essential services and infrastructure to support healthy living environments.

Affordable fresh produce is available for communities.

Community and individual participation in healthy activities.

Increased government investment in housing and affordable home ownership options.

Future Development Plans

Reduced prevalence of disease derived through poor environmental health infrastructure.

Reduction in chronic disease levels.

Reduced overcrowding.

Increase in home ownership by Torres Strait Islander and Aboriginal residents.

PERFORMANCE MEASURES

Increased government investment in new and existing health infrastructure.

Increased participation by community members in structured sport, recreation and other healthy activities.

Increased inclusion of the Torres Strait in state and federal funding initiatives relating to investment in housing and affordable home ownership.

Increase in home ownership by Torres Strait Islander and Aboriginal residents.

TSRA representation and input in primary health policy and programme development.

PROJECTS AND INITIATIVES

The Healthy Communities Programme has a mandate from the TSRA Board to undertake the following project and initiatives:

monitor and contribute to health policy and programme delivery in the region

monitor the rollout of and contribute funding to the delivery of essential services and infrastructure to support healthy living environments

support and monitor health education initiatives, including initiatives on physical education, nutrition, obesity, diabetes, motivation, substance abuse, and sport and recreation activities

monitor and advocate for healthy and affordable food options for the region

fund sport and recreation activities and minor infrastructure.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Healthy Communities Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

2. Halve the gap in mortality rates for Indigenous children under five within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Healthy Communities Programme contributes to seven articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 7

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22

Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 24

Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

Article 29

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

ANNEX G-1 PROGRAMME MAP – HEALTHY COMMUNITIES

ANNEX G-3 PROGRAMME OVERVIEW – HEALTHY COMMUNITIES

ANNEX G-3 PROGRAMME BENEFITS – HEALTHY COMMUNITIES

SECTION
TEN SAFE COMMUNITIES PROGRAMME

OVERVIEW AND AIMS

It is recognised that, in order for communities to grow and implement initiatives towards their growth, people need to be safe in their homes and communities. This includes their access to public spaces in their communities. While the TSRA is not responsible for community services and services such as law and order, the TSRA will support and monitor the delivery of services to contribute to safety in our communities.

Through the Safe Communities Programme, the TSRA will support the delivery of non-mainstream community capacity building for ongoing, funded non-government organisations. Community initiatives on economic development and improving healthy lifestyles that incorporate our traditional ways must be able to be implemented and continued.

Targeted initiatives that contribute to improving the standard of services such as emergency responses, safe and accessible community infrastructure and land and sea systems will be supported.

The programme aims are to:

contribute to the development of standards for the provision of all mainstream social services and facilities, including emergency response services, through engagement with responsible agencies

undertake a policy advocacy, monitoring and support role with respect to mainstream services, advocating and acting as a solution broker on behalf of communities and the region, using Integrated Service Delivery forums

provide direct funding and resource support for some community services and facilities that contribute to the improved safety of communities (the TSRA is not a provider of mainstream social and community services).

REGIONAL GOAL

Safe, healthy, respectful and progressive communities, based on cultural and Ailan Kastom and Aboriginal traditions.

REGIONAL ISSUES

Lack of appropriate counselling services across a range of social issues.

Drug and alcohol issues.

Loss of traditional ways.

Insufficient laws, legal protection and law enforcement.

Safety issues in respect of some community facilities.

Need to protect children and other threatened members of the community.

Movement of Papua New Guinea nationals.

Lack of disaster preparedness across a number of communities.

PROGRAMME OUTCOMES

Effective community and social services support.

Families and individuals are safe in home and community.

Public areas are safe and accessible for community members.

Communities have access to appropriate transport infrastructure.

BENEFITS

2019-2022

Increase in effective social services support to communities.

Improved capacity of social services providers to respond to community-identified needs.

Increased skills development and employment opportunities for community members delivering social support services.

Family and individual participation in community events.

Future Development Plans

Increased access to social support services, particularly in outer island communities.

Increased participation in social and cultural activities.

Improved access to safe transport and emergency services.

PERFORMANCE MEASURES

Reportable incidents, response times and waiting lists for social service providers are benchmarked.

Increase in family and individual participation in social and cultural activities.

Increased monitoring of social services, through attendance at interagency meetings and/or forums and deputations by TSRA Board members.

PROJECTS AND INITIATIVES

The Safe Communities Programme has a mandate from the TSRA Board to undertake the following projects and activities:

support the delivery of non-mainstream social services, including community capacity building for ongoing, funded non-government organisations

participate in interagency and Integrated Service Delivery meetings and/or forums to monitor issues, including the progress of social services to address community and domestic safety issues

contribute to shaping planning and service delivery in the region

support safe and accessible community infrastructure and land and sea communication systems.

CONTRIBUTION TO CLOSING THE GAP TARGETS

The Safe Communities Programme contributes to the following Closing the Gap targets:

1. Close the gap in life expectancy within a generation.

2. Halve the gap in mortality rates for Indigenous children under five within a decade.

CONTRIBUTION TO ARTICLES OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The Safe Communities Programme contributes to seven articles of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 7

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Article 14

Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

Article 20

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22

Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 24

Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

ANNEX H-1 PROGRAMME MAP – SAFE COMMUNITIES

ANNEX H-2 PROGRAMME OVERVIEW – SAFE COMMUNITIES

ANNEX H-3 PROGRAMME BENEFITS – SAFE COMMUNITIES

APPENDICES

Appendix 1 Integrated Planning Framework for the Torres Strait and Northern Peninsula Area

Appendix 2 Alignment of TSRA Programmes with COAG Building Blocks, Regional Plan Goals and Indigenous Advancement Strategy Programmes

Appendix 3 Alignment of TSRA Programmes with Indigenous Advancement Strategy Programmes and COAG Closing the Gap Targets

Appendix 4 Alignment of TSRA Programme Outcomes with the Articles of the United Nations Declaration on the Rights of Indigenous Peoples

APPENDIX 1 INTEGRATED PLANNING FRAMEWORK FOR THE TORRES STRAIT AND NORTHERN PENINSULA AREA

APPENDIX 2 ALIGNMENT OF TSRA PROGRAMMES WITH COAG BUILDING BLOCKS, REGIONAL PLAN GOALS AND INDIGENOUS ADVANCEMENT STRATEGY PROGRAMMES

APPENDIX 3 ALIGNMENT OF TSRA PROGRAMMES WITH INDIGENOUS ADVANCEMENT STRATEGY PROGRAMMES AND COAG CLOSING THE GAP TARGETS

APPENDIX 4 ALIGNMENT OF TSRA PROGRAMME OUTCOMES WITH THE ARTICLES OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

ABBREVIATIONS

ATSI Act

Aboriginal and Torres Strait Islander Act 2005

ATSIC Act

Aboriginal and Torres Strait Islander Commission Act 1989

CDP

Community Development Program

COAG

Council of Australian Governments

Development Plan

Torres Strait Development Plan

ILUA

Indigenous Land Use Agreement

Native Title Act

Native Title Act 1993

NPARC

Northern Peninsula Area Regional Council

PBCs

Prescribed Bodies Corporate

PGPA Act

Public Governance, Performance and Accountability Act 2013

Regional Plan

Torres Strait and Northern Peninsula Area Regional Plan 2009-2029

RNTBCs

Registered Native Title Bodies Corporate

TSC

Torres Shire Council

TSIRC

Torres Strait Island Regional Council

TSRA

Torres Strait Regional Authority