No discriminatory loopholes in the NT
21 October 2009, 03:29PM
The Federal Government’s promised reinstatement of the Racial Discrimination Act will be an empty gesture if it retains racially discriminatory elements of the Northern Territory Emergency Response (NTER), Amnesty International said today.
The Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, has committed to reinstating the Racial Discrimination Act, which was suspended in order to implement the NTER.
The Government is proposing to designate some racially discriminatory practices, such as compulsory welfare quarantining, as ‘special measures’ in order to justify their continuation. But Amnesty International believes that the Government is distorting the principle of special measures to justify ongoing discrimination against Indigenous peoples.
“Protecting the rights of women and children to live free from violence and abuse is vital, and a key responsibility for all levels of government,” said Amnesty International Australia’s Campaign Coordinator Sarah Marland. “We welcome the Federal Government’s commitment to protecting women and children in the Northern Territory.”
“However, this doesn’t mean that people in the Northern Territory have to have fewer rights, less money and less control of their own lives.”
In order to comply with the Racial Discrimination Act, a discriminatory measure such as the income management regime would have to be defined as a special measure. However Amnesty International believes that neither of the two options proposed by the Government in the Future Directions for the Northern Territory Emergency Response discussion paper in May 2009 fit the special measures criteria.
Under international law, special measures are intended to allow for affirmative action. They must be necessary, proportional to the problem, limited in scope, of a temporary nature, and implemented with the consent of the affected peoples.
“The Racial Discrimination Act must be fully reinstated without any loopholes. There is no need and no excuse for racial discrimination,” said Sarah Marland.
“The discriminatory nature of the Northern Territory Emergency Response has undermined benefits and has for many people actually deepened insecurity and deprivation in affected communities.”
Under the NTER, the removal of anti-discrimination protections means that more than 45,000 Aboriginal people in 73 communities in the Northern Territory are subject to actions such as the compulsory acquisition of their land and the quarantining of their social security payments. These actions are based solely on race.
The discriminatory nature of the NTER has sparked outrage and condemnation. Four different UN human rights monitoring bodies this year alone have urged the Australian Government to reinstate protections against racial discrimination.
UN Special Rapporteur, James Anaya, on his visit to Australia in August 2009 stated that aspects of the NTER “overtly discriminate against Aboriginal peoples, infringe their right of self-determination and stigmatise already stigmatised communities”.
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Comments
Comments are submitted by members of the public and do not necessarily reflect the opinions or positions of Amnesty International Australia. If you find a comment objectionable please contact the web editor.
Lúcia Nunes
4 November 2009, 08:39AM
Marlene you are a person authentic and very sensitive. The Racial Discrimination Act is a resumption hereby the Australia Government certainly search a form of compensation before of helplessness secular. In the Brazil the indifference is ordinary attitude with Brazilians indigenous and slave descendent’s… But, have a Constitution!
Arturo Fatturi
4 November 2009, 01:16AM
I disagree with what Michael says. It’s nuts: the fact is that no one can be mistracted or injuried by the government who must protect him. Australian government are totally wrong (as the brazialn government too). Michael you must realize that when people like Mr. Ward are killed, you have no garantee that you will never be the next. If this happen, well, some people can say “Oh, was just Michael! Don’t be obssessed!”
Lúcia Nunes
4 November 2009, 01:02AM
Please, sorry I think confusedly: my las comment(4) spoke about the use and abuse of water for Israeli in gardens, etc. in AI article:Palestinians denied access to water”. I said: [thats ll rights…”, when the correct is right, nice, ok? In addiction I write:The Amnesty International do not have a country, because the concept of human rights do not know frontiers. The water will be a great global drama in the future… “, as extra commentary about:”(Israeli) still have the Jordan River. However, coldness and omission are some kind of slow killer too…”
Rhiannon
3 November 2009, 07:49AM
I am pleased that the government has reinstated the racial discrimination act. I do think that it is wrong to forcefully acquisition lands under five-year leases and although the government has reinstated the permit system I would like to see the government abolish the five-year leasing of land.
As to the quarantining of welfare payments I do not think that this is a bad thing and many people in Indigenous communities welcome it. I do believe that it is racist to be quarantining only Indigenous welfare payments but the government has released statements that it plans to roll-out the welfare quarantining into non-Indigenous welfare-dependent communities. Effective quarantining of welfare payments I believe will help improve the living and health standards of Australia’s welfare-dependent communities. My concern about quarantining welfare payments is when this also effects age pensioners. I believe it to be a demeaning system for age pensioners and many people on disability pensions.
Marlene Hodder
2 November 2009, 11:08AM
I agree that Australian First Nations people are not being slaughtered or physically mistreated but Australia is a rich country, we have no excuse to be treating Aboriginal people this way, denying them their rights and treating them as second class citizens. It is a slow genocide of the world’s oldest living culture. Our country needs this culture to survive. Aboriginal people have much to contribute with their knowledge of the country, the environment etc. Let’s respect Aboriginal people and embrace their knowledge and the contribution they can make to the future of this country.
Lúcia Nunes
1 November 2009, 06:26AM
Sorry, the English isn’t my first language… Obviously, in my comment second comment the words “The Aboriginal people are not respecteds in their wrights.” must be read “The Aboriginal people are not respecteds in their rights.” The Amnesty International do not have a country, because the concept of human rights do not know frontiers. The water will be a great global drama in the future…
Lúcia Nunes
31 October 2009, 04:28AM
The Australia Government must protect their Aboriginal peoples and communities. They are minorities in our times. After,the Australian are not “landlord” of the totality of the Australian territories. The Brazilian Indigenous was the “landlord” of Brazil. Today, they are minorities.
Lúcia Nunes
29 October 2009, 12:43AM
The Aboriginal people are not respecteds in their wrights. The Brazilian black population are discriminated too. I am a Brazilian journalist and be classified as whithe. In our society we all occupe quietly our designated place by centuries…
Michael Wild
22 October 2009, 11:39PM
I’ll admit to being uncomfortable with the suspension of the Racial Discrimination Act frankly I think the release of one (1) prisoner of conscience or the commuting of one (1) death sentence is more valuable then the re-instatement of the Act in this case. I’m sorry if that offends but I think there’s been a serious lack of proportion and judgment in devoting such resources to it. The truly destitute of the 3rd World who we’re told we’ll “work with not for” would think this Western self-indulgence. They’d kill for government benefits quarantined or otherwise.
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