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10 point plan to improve NT intervention

31 March 2008 - Media Release - Modifying the Northern Territory intervention legislation to maximise protection of children from abuse without racially discriminating against Indigenous people is one of the major elements of a 10 point plan outlined in the Social Justice Report 2007 officially launched in Sydneytoday.

The report, produced annually by HREOC through the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, considers the impact of government activity on the exercise and enjoyment of Indigenous people’s human rights.

Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, said the plan involved proposed changes to the Northern Territory intervention legislation so that it maximised protection of children and families, while respecting the human rights of Indigenous people and treating them with dignity.

“In putting forth this plan, I note that the new federal government has emphasised the importance of ensuring that the NT intervention is consistent with Australia’s human rights obligations,” Mr Calma said.

“But the fact is, as long as the NT intervention allows the conduct of racially discriminatory actions it will lack legitimacy among Aboriginal people and communities as well as the broader Australian society,” he said.

“Over the last 18 months we’ve seen sustained media coverage of child abuse and family violence, but we’ve rarely seen or heard how Indigenous people and communities across Australia are taking positive steps to respond to this violence, abuse and neglect.

“I have provided 19 case studies in the Social Justice Report 2007 as evidence of what can be achieved in the fight against child abuse and family violence in Indigenous communities when there is true engagement with Indigenous people.

“Sometimes these steps were taken because communities felt a need to take action themselves and others developed through formal and informal partnerships with individual government agencies, non-government organisations, the courts or police.

“But most importantly, every single one of them is striving to make a lasting difference and they are initiatives lead by Indigenous people.”

The Social Justice Report 2007 also identifies a number of other specific concerns about the NT intervention such as: consistency of the income management regime with the rights to social security; privacy and non-discrimination; the consistency of the alcohol management regime with the right of non-discrimination; and the absence of effective participation of Indigenous peoples in decision making that affects them.

The Ten Point Action Plan for modifying the NT intervention, outlined in detail in the Social Justice Report 2007, includes:

Action 1: Restore all rights to procedural fairness and external merits review under the NT intervention legislation.

Action 2: Reinstate protections against racial discrimination in the operation of the NT intervention legislation.

Action 3: Amend or remove the provisions that declare that the legislation constitutes a ‘special measure’.

Action 4: Reinstate protections against discrimination in the Northern Territory and Queensland.

Action 5: Require consent to be obtained in the management of Indigenous property and amend the legislation to confirm the guarantee of just terms compensation.

Action 6: Reinstate the CDEP program and review the operation of the income management scheme so that it is consistent with human rights.

Action 7: Review the operation and effectiveness of the alcohol management schemes under the intervention legislation.

Action 8: Ensure the effective participation of Indigenous peoples in all aspects of the intervention – Developing Community Partnership Agreements.

Action 9: Set a timetable for the transition from an ‘emergency’ intervention to a community development plan.

Action 10: Ensure stringent monitoring and review processes.

The Social Justice Report 2007, community guides and media information are available online at www.humanrights.gov.au/social_justice/sj_report/sjreport07/

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Monday, 31 March 2008

Indigenous communities take action to fight family violence

Services generated at the local level that engage with the community, utilise Indigenous staff, involve men and empower women, are the key features of successful attempts to stop violence and abuse in Indigenous communities, according to the Social Justice Report 2007, officially launched in Sydney today.

The report, produced annually by HREOC through the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, considers the impact of government activity on the exercise and enjoyment of Indigenous people’s human rights.

Commissioner Tom Calma said violence and abuse was occurring at unacceptable levels but the 19 case studies highlighted in this year’s Report were extremely encouraging.

“Violence and abuse is a scourge that is damaging families and communities, traumatising women and children and tearing at the fabric of Indigenous culture,” Mr Calma said.

“Over the last 18 months we’ve seen sustained media coverage of these issues but we’ve rarely seen or heard how Indigenous people and communities across Australia are taking positive steps to respond to family violence, abuse and neglect.

“The Social Justice Report 2007 highlights what can be achieved with passion and commitment – sometimes by a single person with little or no government support.

“Sometimes these steps were taken because communities felt a need to take action themselves and others developed through formal and informal partnerships with individual government agencies, non-government organisations, the courts or police.

“But most importantly, every single one of them is striving to make a lasting difference and they are initiatives lead by Indigenous people.”

Mr Calma said the studies profiled how different communities were dealing with family violence through initiatives covering community education, alcohol management, men’s groups, family and safe houses and offender programs.

“Some are well-established, some build on earlier programs and others are in their early stages but they are all examples of ‘promising practice’ and provide valuable lessons about what approaches work and the reasons why,” Mr Calma said.

“The case studies show what can be achieved and will hopefully inspire service providers to think critically about how effectively they deliver their services.”

Mr Calma also highlighted that partnerships and a holistic approach were essential elements to a successful program.

The Social Justice Report 2007, community guides and media information are available online at www.humanrights.gov.au/social_justice/sj_report/sjreport07/

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Monday, 31 March 2008

Need to simplify native title system to undo gridlock

The Australian native title system should be immediately reviewed and a national summit held to discuss ways to improve its operation, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said in the Native Title Report 2007, officially launched in Sydney today.

Commissioner Calma is required to report to the Attorney - General annually on major changes and challenges in the Native Title system over the past year.

Commissioner Calma said the Native Title Act was passed 15 years ago with the intention of protecting and promoting the rights of Indigenous Australians, but the system was now too complex, too legalistic and effectively gridlocked.

“The system does not seem to be effectively recognising and protecting native title,” Mr Calma said. “We need to rethink the entire system with an open mind and focus on increasing the recognition of native title and strengthening its protection.”

Mr Calma said the Native Title Act, and the systems set up under it, were essentially not fulfilling their objectives, which were to gain recognition and protection of native title for Indigenous people and, through this, to enable them to fully exercise and enjoy their human rights.

“It is vital to Indigenous people and their future that their rights and interests in country according to their traditional laws and customs are recognised. Recognition and protection of native title is critical to advancing reconciliation between Australia’s past and present, and between Indigenous and non-Indigenous Australians,” Mr Calma said.

He also expressed concern that recent changes to the native title system aimed at improving efficiencies had enjoyed some success but had not focussed on recognising and protecting Indigenous peoples’ native title.

The Native Title Report 2007 found that Indigenous people around the country were using their land and culture to pursue economic, social, cultural and environmental outcomes.

The Report profiles successful examples of sustainable development such as the Western Arnhem Land Fire Abatement (WALFA) project, which uses traditional fire burning practices to reduce carbon emissions while generating income for local communities.

Mr Calma said Indigenous Land Use Agreements (ILUAs) were another important tool of the native title system.

“The ILUAs and other aspects of the system should be examined closely by government to see how they can maximise the social, economic and native title outcomes for Indigenous Australians.”

The Native Title Report 2007, community guides and media releases are available online at www.humanrights.gov.au/social_justice/nt_report/

Source: HREOC

Further information: NT intervention issues page - includes news index and external links

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