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.
Diana Rickard
30 October 2008, 03:41PM
I remember when my mother was told that Welfare would ‘take her kids away’ if she didn’t do what she was told. This was in the 1950s. In the early 1970s I had a bad time when I and my son were dependent on Welfare. We were temporarily part of the State Disaster Fund (because unmarried mothers were considered disasters). Our food voucher was only to be used in a particular shop and what I bought with it was carefully scrutinised. My blood boils just to know that nothing has changed over the years. Humiliating people considered unworthy by middle-class, white standards goes on irregardless of the anger, hurt and disgust felt towards them . By taking away the human rights of others - for whatever well-meaning Christian reasons they give - the interveners will not be remembered for their supposed good intentions - but their dehumanising conduct. They themselves become dehumanised.
Naomi Cartledge
30 October 2008, 01:39PM
The interim report on the effects of the Intervention recommended,that the Anti-Discrimination Act be returned to the NT - the Rudd govt has ignored this. They’ve only applied lip service to the discriminatory and racist behaviour of the Howard govt.
To suggest,that children in the wider community could only be protected by removing basic human rights of all individuals, would be met with loud howls of indignation. I can hear the shock jocks screaming already. But of course, they’d only object to this blatant horror being forced on non-indigenous people only. When it’s indigenous people they either remain silent, or accuse us of being ‘do gooders’ or ‘self opinionated academics’? I find it amazing, frustrating and wrong - plain wrong!
We haven’t heard any actions being put in place to catch those truck drivers etc(mostly whites) who are taking advantage of young under age aboriginal girls!
The hypcrisy, paternalism, and injustice continues ad nauseum.
Jennifer Fox
30 October 2008, 12:09PM
I look foward to the day that ALL human beings are treated with dignity and compassion
tom pryce
30 October 2008, 10:39AM
my apols too nicholas. you do appear to understand what this thread can’t really address in the amount of words available. yes, the issue of Rom (tribal law) affects behaviours in communities, and yes, there are many cultural reasons for some of the problems facing mobs around the countryside, but i stand by the need for the Act of which we discuss. changes could have occurred differently. Howard’s only tool was a hammer, so he had to use it on a fly, to mess with metaphor. we need scalpels,fine tools, and a decent bedside manner, metaphorically speaking, rather than a hammer. enjoy your day sir and remember, we agree on more than we disagree on.
Nicholas
30 October 2008, 10:30AM
Sorry Mr Tom , but I can be excused for thinking you attempted to patronize and debase the comments I initially made. Yes, Me too, Tom, I spent two and a half decades accross fro Heldand to Isa and Booraloola to Fregone and in that time all of the polics and legislation did nothing to aleviate the downward spiral of what has occurred. You and I both know that it is a cultural thing, not a legal or social problem that gives rise to the appalling conditions within aborigional communities. What is the point of having notional rights if they achiev nothing. Most aborigional prisoners in the sytem prefer incareration to life outside of their bars for the simple reason that traditional law is far more punative than our legal system, and they get well fed and looked after in side, an appalling place to be if you think about it.
Angie
30 October 2008, 09:17AM
The intervention itself was wrong. Just another bvand aid measure, albeit large, swift and impacting. But what will it really achieve? There are more basic needs required not the least of which is for the people themselves to gain a feeling of belonging to their land their culture and to Australia. Human rights and equal opportunity is fundamental to this and has been taken away to further break their spirit. If as much funding and resources was poured into working with the Communities, assisting them to take control of and build their own Community infrastructure, there may be some long term gains for them. But now they have no Community, no land, no rights, no soul.
tom pryce
30 October 2008, 08:31AM
nicholas, no offense sir ,but i have spent years in northern territory communities, and understand some of the essentially fourth world conditions that apply in most of those places. no i’m not an armchair do gooder.nor am i a lawyer,but i would ask why you are taking umbrage, sir? i may not agree with you, but you appear to agree with me that the legislation won’t work. so why support it? or defend it? the Act is illegal under our international obligations. that’s why it’s inherently wrong.
Lisa Burg
30 October 2008, 06:36AM
Come on Kevin get your act together and stick to your guns. We voted for you because you are the prime minister of ALL Australians and ALL Australians deserve the basic human rights of anti discrimination.
Nicholas
30 October 2008, 01:45AM
“.............no body should be discriminated against please make sure that discrimination is outlawed…....”
I don’t think that all discrimination is bad, for example, most of what is sub silentio to the comments herein are discriminatory, in a positive way, but discriminatory nevertheless.
The concept of ‘discrimination’ is a red herring in this debate. If discrimination leads to positive outcomes then why complain?
maryellen flynn
30 October 2008, 01:30AM
no body should be discriminated against please make sure that discrimination is outlawed.
Nicholas
30 October 2008, 12:45AM
....and I agree with the need to establish facilities like swimming pools but its a bit more complicated that what was described….the whole point is that intervention was required because there is generational injury that was being ignored by Australia at large, we may all feel that using the Army was just plain stupid, I do….
Nevertheless, for all of the so called arm chair do gooders white Australia really has not demonstrated the prectical committment required to get things done. We are talking about circumstance at the bottom of the third world.
Nicholas
30 October 2008, 12:39AM
...and Mr Pryce, you really appear to have no idea how degraded peoples lives in communities are, if you had any real knowledge you would not make the silly ill informed comparisons between urban white society (and its laws) and what happens in traditional communities…...and it was, as a matter of law, necessary to suspend the Act so that the intervention could be effected…..apparently, Mr Pryce, you DO need to sit down and read Constitutional Law II to understand why the Act had to be suspended.
Nicholas Powrie
30 October 2008, 12:31AM
As for Tom Pryces comments, which in no way properly of fairly respond to what I said, I really don’t think a bit of legislation will change the circumstance of young kids in the community. It didn’t in 1966, the ALRA in 1978 changed nothing, nor did ATSIC, nor did the Native Title Act. For that matter, the Racial Discrimination Act has don nothing for traditional people, those Acts just makes folks like Tom feel good when they beat their drum,… (to the tune of Mama’s in the Alley)……and do nothing.
Kerrie Moore
29 October 2008, 11:44PM
Wake up Mr Rudd, Do you really think the Australian people don’t know what you have done in the NT. It is a discrace that you allowed the Racial Discrimination Act to be dropped in the first place so you could get done what you wanted. If the rest of Aust only knew that you intend to use this treatment on the rest of the people of this country, then they might wake up too. Get on with doing the right thing for a change and ask these people what they want instead of deciding what is best for them. Indigenous peoples have mouths just like the rest of us Australians and are more than capable of telling you what they need. SO HOW ABOUT ASKING THEM FIRST!!!!!!!!!
tom pryce
29 October 2008, 11:23PM
mr powrie. While it’s appreciated that “if the said suspension of the Racial Discrimination Act leads to more aboriginal children not suffering from profound deafness by the age of four, or not being raped as infants, then I AM ALL FOR THE SUSPENSION OF THE ACT in this particular case and any right minded person would be excused for taking that view.”
May i remind you that it is certainly not necessary to suspend the Act. There are always more than one way to solve potential problems. Pay ear nose and throat specialists to do a job on otitis media infections and other complications that lead to deafness, or establish swimming pools in communities as one western desert organisation has done.
I would also remind you that rape occurs in all societies and cultures, yet i don’t see police, military, and other uniformed types hanging out in the streets of drummoyne, st kilda, chermside, doubleview, adelaide, darwin or hobart. Do you mr powrie? (to the tune of dylan’s words ‘mr jones’)
Nicholas P Powrie
29 October 2008, 09:55PM
If the said suspension of the Racial Discrimination Act leads to more aboriginal children not suffering from profound deafness by the age of four, or not being raped as infants, then I AM ALL FOR THE SUSPENSION OF THE ACT in this particular case and any right minded person would be excused for taking that view.
Madonna Stewart
29 October 2008, 07:52PM
As an Aboriginal I would not appreciate my human rights being violated. I agree with the Aboriginal and Torres Strait Islander Commissioner Tom Calma. Also, I feel that Aboriginal people need to be consulted in these matters, and that Aboriginal people who are Professional in their particular career fields of expertise should be invited to work within the NT Indigenous communities, alongside the 200 Aboriginal Teachers and the Aboriginal Interpretors. Aboriginal people prefer self-governance.
Susan MacDougall
29 October 2008, 07:10PM
All Australians (in fact, all human beings) must be treated equally and fairly.
A lot of us having drink, drug and parenting problems whatever our backgrounds. For some immigrants, it may be that they’ve come from war-torn countries and have scarring experiences. It’s doesn’t excuse them for crimes, but explains something.
Some Australian children are abused, physically or sexually, whatever their backgrounds. The reaction to this must be the same towards all people equally.
Don’t treat some adult members of the Australian community as children - our Indigenous people. They are already so disadvantaged and discriminated against.
There is a big cultural divide about attitudes, body language, etc. Let’s try to close the gap.
Tom Pryce
29 October 2008, 06:56PM
I urge the Australian government to re-instate immediately the Racial Discrimination Act. The removal or suspension of this Act is in direct contradiction to the international treaties and laws that Australia is a signatory or adherent to.
This government must understand that the time for manipulative politics is over. We are coming…..
Laura Ealing
29 October 2008, 06:44PM
For those arguing Amnesty is out of touch, and that the intervention is necessary, no one denies the urgency and importance of dealing with these problems. What we believe is that they must be addressed without further discrimination and human rights abuses. No wonder many women in remote communities have called for continuation of some measures. They have been waiting far too long for the government to do something. But they should not have to accept discrimination and human rights violations simply to receive the assistance they need.
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