Australia s main human rights problem is the treatment of its indigenous population of approximately 386,000 Aborigines and Torres Straits Islanders. Aborigines face arbitrary arrest, systemic discrimination, and mistreatment by police. They are incarcerated at higher rates than whites, often because they cannot afford a fine or are denied bail for minor offenses, and die in custody at far higher rates than whites. A 1997 Amnesty International report found that mistreatment, a systemic lack of care, and inadequate investigations into Aboriginal deaths still characterize the penal system. Gaps in health indicators between the indigenous and white populations are among the highest for developed countries.
Aborigines also face societal discrimination and inferior educational opportunities.
The government is generally responsive to these concerns, and the 1999 budget boosted Aboriginal healthcare funding. A landmark 1992 High court ruling formally recognized that, from a legal standpoint, Aborigines inhabited Australia prior to the British arrival. Native title could thus still be valid where Aboriginal groups maintained a connection to the land. In 1996, the High Court ruled that native title can coexist with pastoral leases, although pastoral rights would take precedence over native title claims. In 1998, farmers and mining companies successfully lobbied for legislation curbing Aboriginal rights to claim title over pastoral land.