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.
Basil Schur
29 October 2008, 06:39PM
It is vital that Aboriginal people again have a representative body to promote their interests and concerns. I urge the Australian Government as a matter of urgency to resource the establishment of a national organisation that will be elected by Aboriginal people and represent their interests.
Laura Ealing
29 October 2008, 06:36PM
Of course the Anti-Discrimination Act needs to be reinstated immediately. The problems within Aboriginal communities are due to the fact that they have been subject to incredible human rights violations since colonisation. They need and deserve access to the same services, funding, healthcare, education opportunities and representation as everyone else. Not further stigmatisation and discrimination.
Antony Lamb
29 October 2008, 06:27PM
Enough is enough. We need to consult and involve the local indigenous people more.
Victor
29 October 2008, 05:44PM
While the intervention, by all accounts has been effective it is strange that the changes needed could not have been undertaken without removing basic human rights. I agree most with the sentiments expressed by Ruth in that it is urgent, at least in my opinion, that abogiginal groups and individuals get training to take on the responsible work of child protection, policing, nursing, teaching, and public administration rather than having whites take these responsibilities. If this intervention is to take on ‘war effrort’ comitment then we should be throwing everything including the “kitchen sink” at getting aborininal people into responsible community positions as fast as practical. Self sufficiency is the key.
C.M
29 October 2008, 05:38PM
I agree with some of the previous comments made in that this campaign demonstrates to me that Amnesty seems a bit out of touch with the reality of life for Indigenous people in remotely located communities. This campaign encourages a further silencing of the voices of the very many remotely located Indigenous people (mainly women) who have called for a continuation of the measures. Community development entails the ability to be able to openly hear what the diversity of Indigenous people in communities say works for them-without your own values getting in the way of hearing and honoring the truth of others. Amnesty should be campaigning in a more balanced way regarding this issue, and perhaps should have engaged in broader consultation with Indigenous people (particularly women and young people) who live in remote communities, regarding the lived effects of the measures, before embarking on this campaign.
Doug Cooper
29 October 2008, 05:22PM
Imagine that. Common sense resulting in a further brief period of protection for kids. Admittedly no child should suffer, but let’s protect who we can.
Rachel K
29 October 2008, 04:38PM
Umm, sorry John but I work with the affected communities too, and whilst I acknowledge that there may be some good to the intervention, it does not justify human rights violations.
Human rights are not equvalent to political correctness.
John StJohn Smythe
29 October 2008, 04:26PM
As an NT healthcare worker, I have heard Indigenous women tell me how much safer their communities have become since income management started and some community stores now sell out off fresh food because so much is being sold. Don’t let PC get in the way of something that works!
Artenor Ailhat
29 October 2008, 04:21PM
Can someone at amnesty please provide some specific strategy *without the generic bs about rights* that is going to both rehabilitate the thousands of Abused Children, Alchoholic & Addicted Parents, Welfare Dependent communities, Victims of Domestic Violence as well as restore some dignity to people that even amnesty treats like a bunch of victims by never calling for both assistance and accountability for them.
Amnesty - this current campaign is starting to show just how “stretched” and “over-reaching” you are right now. Flying a couple of people to Darwin doesn’t make you qualified to criticize those attempting to make a difference - even if it is the government.
Mark Chambers
29 October 2008, 04:11PM
Yes - the racial discrimination act should be reinstated and the intervention extended to ALL people who abuse or neglect their children.
Eileen MacManus
29 October 2008, 03:52PM
I urge Jenny Macklin to reinstate, immediately the NT Anti-Discrimination Act.
Geraldine Robertson
29 October 2008, 03:51PM
Treating people like children does not help them or make them strong. The women’s movement experience shows that it does the opposite.
David Willcox
29 October 2008, 03:50PM
As a member, I beleive the Commw Govt is doing the right thing in NT.
Ruth Thompson
29 October 2008, 03:47PM
There can be no justification for delaying the reinstatement of the Racial Discrimination Act and the NT Anti-Discrimination Act in relation to Indigenous people in the Northern Territory. What we need is genuine consultation and action towards implementing real changes to improve education and employment in Aboriginal communities - this is the key to addressing social disfunction.
Ruth Thompson
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