NT communities made to wait for human rights
29 October 2008, 09:29AM
© Anoek de Groot/AFP
On 13 October, the Federal Government released the report of the independent Review Board on the Northern Territory Emergency Response (NTER), or intervention.
In its overarching recommendations, the Review Board called on Governments to urgently address what it saw was "the unacceptably high level of disadvantage and social dislocation" experienced by Aboriginal Australians in the Northern Territory.
In recognition of this, the Board recommended that the NTER continue, but that the relationship between Government and Aboriginal people be "reset" and based on "genuine consultation, engagement and partnership."
The Review Board saw that respecting all human rights needed to be the basis for this changed engagement because Aboriginal communities felt "humiliated and shamed by the imposition of measures that marked them out as less worthy of the legislative protections afforded other Australians." It recommended that Government must respect its human rights obligations and therefore must reinstate the Racial Discrimination Act and Northern Territory anti-discrimination legislation.
Without the Racial Discrimination Act in place, measures that take away the right to review decisions made about welfare payments can continue. Other measures like the current blanket application of compulsory income management, or welfare quarantining and the acquisition of land must also be addressed, although the Board recognised that a transition time is needed.
Amnesty International welcomes these recommendations and believes that respect for all human rights provides a fundamental basis for a sustainable and better future for residents of remote communities and town camps in the NT.
Many communities echoed the call for respect of human rights in line with those enjoyed by the wider Australian community. The report noted that "there is a strong sense of injustice that Aboriginal people and their culture have been seen as exclusively responsible for problems within their communities that have arisen from decades of cumulative neglect by governments in failing to provide the most basic standards of health, housing, education and ancillary services." There is also a strong feeling that measures to address these conditions under the NTER were "a collective imposition based on race".
Amnesty International stresses that in order to repair the effects of the history of rights violations, chronic poverty, social exclusion and discrimination, all human rights must be protected. All action must be taken within a framework that protects rights, including the right to freedom from discrimination, the need for genuine consultation and to protect the rights of children and women.
Government's response
The Government responded to the Review Board's report on 23 October, confirming that it agreed in principle with the three overarching recommendations. It also announced that the Racial Discrimination Act 1975 would be reinstated.
However, this reinstatement will not happen immediately. Asserting that the NTER is still in a "stabilisation phase", the Government announced that the Racial Discrimination Act will remain suspended for a further 12 months, until the Emergency Response is ready to transition to a "long-term development phase". The 12-month time frame also extends to the current program of compulsory income management.
More delays?
Amnesty International welcomes the Government's decision to reinstate the Racial Discrimination Act and engage more closely with Indigenous communities on decisions that affect them, but has strong concerns at the length of time Government has allowed for the actual implementation of these policies.
The decision of the government to continue with compulsory income management goes against the Review Board's recommendations. While we recognise that a transition phase is necessary, lengthening the delay will do nothing to address the "intense hurt and anger" felt by Aboriginal peoples at the discriminatory measures in the NTER.
Other experts have echoed this sentiment, with Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma recently pointing out that, although the reinstatement of the Federal Racial Discrimination Act would require amendment to the intervention legislation, the NT Anti-Discrimination Act can be reinstated immediately.
Calma stated that Indigenous Affairs Minister Jenny Macklin "has the powers to [reinstate the NT Anti-discrimination Act] without having to go back to the Parliament... That would be a good gesture of goodwill and it will give some confidence to Aboriginal people in the Territory that they do experience some benefits of the protections."
For an Australian government that seeks recognition as a human rights champion, there can be no justification for delay in getting the policy on the right track.
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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.
Nicolette
16 February 2009, 03:48PM
Hi Tom Pryce,
I read a recent article on the Aboriginal Resource Development website by Richard Trudgen.
The article was called “Are we heading in the right direction” - it may interest you and perhaps Mr Powie too. What he said was very interesting- not only is child abuse NOT part of Indigenous Culture, it is actively opposed and punished using tradition law. One community has had active police presence within it for the last 30 years and it has the HIGHEST level of abuse in any of the communities in Arnhem Land.
He proposes this is due to the lack of traditional law keepers actively working within the community to deal with such transgressions of Indigenous law. Although tradition law could well spark a huge debate in itself I think it is important to acknowledge the difficulty of imposing ones own cultural system upon another and the aftermath of complications that arise from it.
Michelle Travaille
5 November 2008, 11:05AM
I was not appalled by the government steeping in but at how they stepped in with no thought as to peoples feelings. It felt like they had no rights at all. Yes, help is needed which is waht Aboriginal communities have been asking for years and have been denied. Help, but at least do it it a civilised manner and not a patronising one.
Nick Powrie
4 November 2008, 12:07AM
Johnyth Burton, YOU WERE SHOCKED ?
I was not shocked.
It’s been that way for decades, but out of sight, out of mind.
If anything positive comes from the intervention in the NT it is undoing the decades of racist and deliberate neglect perpetrated by the former CLP government, Paul Everingham, Marshal Peron, Shane Stone, et al.
Oh, and assisted by their ever faithful lackey, Tom Pauling QC.
We now see the fruits of their conduct…………
Take a good look at the fruits of red neck Northern Racisits.
johnyth burton
3 November 2008, 08:16PM
I was shocked and disappointed at therecent program showing what the intervention has achieved - old women living in tin sheds in 40 degree heats - told to “go over the bridge” when they are too old; a family who has to pay $440 for a return trip to buy food; people living without basic water, cooking, etc; and men who have lost their self respect because they have lost their job and now have to join the dole queue; the conditions at the dole office at Katherine - all disgraceful. Urgent action needs to be taken.
Taree BREARLEY
3 November 2008, 11:36AM
Tom and Nicholas, It heartens me to read posts between two people who are listening to and being open with each other. Taree
Nicholas
2 November 2008, 10:05PM
what does ‘self determinastion’ mean for a race of hunters and gatheres…..........nothing.
Nicholas
2 November 2008, 10:00PM
I for one think “self determiniation” is a proverbial crock, its been an absolute disaster.
Jean
2 November 2008, 07:45PM
Why now bo,bard the minister with the deep concerns that so many of you have?
Michael R
1 November 2008, 04:58PM
I don’t believe in this day and age that politicians still believe that they can right a wrong with yet further wrongs. Atrocious behaviour is endemic to all human societies and the way to deal with it is not through control. Our government agencies need to sit down with the aboriginal communities and in an atmosphere of respect work cooperatively towards solutions that will last. The ‘control freak’ approach seems to be achieving precious little anyway judging from last week’s ABC programme.
John
1 November 2008, 08:11AM
Although the Intervention might have had some slight benefits for women and children it has set back the course of reconciliation and revealed the Governments intention to control rather than to allow self determination.
Nicholas
31 October 2008, 10:37PM
Dyaln is realg, God is really just a silly delusion….....Tom is utterly correct. Leave delusional “god” out of the picture.
“........I have just watched the ABC programme “The Intervention” and am absolutely disgusted at how very little has been achieved…....”
What were you expecting?
Robyn Debnam
31 October 2008, 05:29PM
Having seen first hand the conditions that our 1st Nation people exist in I had high hopes that some small good may come from the Intervention.
I have just watched the ABC programme “The Intervention” and am absolutely disgusted at how very little has been achieved.
I call upon our government to immediately at least give back to our NT brothers and sisters the dignity of living under the same legal rights of the Racial Discrimation Act and then to seriously move from blanket descisions that lable all people with the same needs and problems and attend to the basic provision of decent housing and access to health, education and services.
There is great need for support for the maginalised but surely in a society that regards itself as caring and intelligent we must be able to find and help inplement solutions that bring about equality for all Australians.
IL
31 October 2008, 01:25PM
There will be rallies across Australia on 13 December for International Day of Human Rights. I know there will be a focus on calling on the Government to abolish the NT Intervention and reinstate the Racial Discrimination Act. Then it’s up to the Government to sit down with these communities to have a respectful and meaningful dialogue about what is needed and should be done ! Please spread the word and get to one of these in your city / town. We really can make a difference !
tom pryce
31 October 2008, 11:11AM
because bob dylan is real. he was born and still lives. there is proof of his existence. gods don’t exist.
Anthony
31 October 2008, 10:57AM
Why can’t someone talk about god? You’ve
been using Bob Dylan quotes or are you
Intelectually superior by “dealing” with
HUMANITY, this appears to be a forum for
people to compete with each other
about how long they’ve spent
with “aboriginal people” in NT what about
Aboriginal people in Melbourne and
other places around the country?
Emma
31 October 2008, 10:27AM
This situation is an appalling violation of human rights that strips those people in communities of their dignity. If the government wanted to assist these communities to thrive they would be implementing Housing, education, support programs and outreach services for health, drug and alcohol awareness programs, womens shelters, crisis acomodation services and building the community with transportation, general store etc.
What ever happened to equality, social justice, anti discrimination? This government has alot to answer to.
tom pryce
31 October 2008, 03:18AM
strewth, somebody had to bring up the bloody god(s) word. this is a human dilemma, and gods have nothing to do with it.
perhaps it would be better to say that ‘in the eeyes of HUMANITY’? please, pretty please, take your god to church and don’t fumble about with…i don’r know… stupidity?
tom pryce
31 October 2008, 03:13AM
please can we keep gods out of this discussion. these are very human issues we are dealing with (with all due respect to individual beliefs, leave them out of this!!!!
maryellen flynn
31 October 2008, 01:10AM
please remember that everybody is equal in the eeyes of god, so therefore nobody should be discriminated against because of the colour of their skin or their background.
Nicholas Powrie
30 October 2008, 04:02PM
I don’t know which is worse, being a totally neglected and abused child, or a parent suffering from some degree of humiliation as a consequence of that neglect, surely that is the question that needs to be answered.
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