Abstract: The majority of Indigenous Australians live in capital cities and regional centres and, as a result of a history of poverty and neglect, this group have experienced some of the worst housing and associated living conditions in the country. The right to housing is embodied in the International Covenant on Economic, Social and Cultural Rights (the ‘ICESCR’) to which Australia is a signatory. As a result, Australia must ensure the full realisation of the right to adequate housing. The limited response of State and Federal Governments to the question of housing for Indigenous peoples is in violation of Australia’s obligations. This article examines issues of homelessness, overcrowding and rates of home ownership amongst Indigenous communities in Australia as indicators of the protection (or otherwise) of the right to housing of Indigenous peoples by the Federal and State Governments. It sets out the international law relevant to this issue and examines the extent to which this is applicable in domestic law. More specifically, the article introduces the development proposal for Redfern and ‘the Block’ area in particular being put forward by the New South Wales (‘NSW’) Government to illustrate the issues being addressed.
Notes: Australasian Legal Information Institute