Archive for August, 2009

30 staff to support Alice Springs youth hub

Monday, August 31st, 2009

Alice Springs police say the new youth hub to be based at the Centralian Middle School in the Northern Territory will be run by 30 staff.

Based at the Anzac Hill High School campus, youth services coordinator Superintendent Michael White says the hub will be in place by May.

He says the 30 staff will include school-based constables, an alcohol worker, family and children services counsellors and role models.

He says the Richmond Football Club also wants to base a representative at the hub.

“We’ve had some very interesting agencies approach us, such as Richmond Football Club who want to provide a link to their Indigenous centre for excellence they’re building in Melbourne and identify a number of children who will be able to go from Alice Springs down to there three or four times in a two year program to provide training,” he said.

Doubt cast over planned Indigenous body

Monday, August 31st, 2009

A Wiradjuri elder is cautioning against a new Aboriginal representative body being comprised of elected members.

The Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, has released a draft proposal for a new Indigenous body that would be set up as a company, and would include a 128-member council.

Narrandera elder Stan Grant Senior says elected members may only be concerned about their own area and it may be better to appoint the body.

“I think we do need a representative body but a serious representative body, not just people who are elected by their own communities and just care about their own little blokes in their own communities,” he said.

“Getting out there and looking at the big picture and saying, ‘this is where the money is needed, this is where the money will go’. It has to be a strong body as well.”

PM Rudd urged to accept UN criticism of ‘racist’ NT Intervention

Monday, August 31st, 2009

Church leaders and other concerned Australians today called on the Prime Minister, Kevin Rudd, to demonstrate his Government’s support for the United Nations role in protecting human rights by accepting its criticism of the Northern Territory Intervention as ‘racist’ and in need of significant reform.

The criticisms were made by Prof. James Anaya, the UN Special Rapporteur on Indigenous Human Rights, who left Australia today after an eleven day tour which gave considerable focus to the Intervention in the Northern Territory and resulted in his declaring it racist.

His time spent in the Northern Territory included visits to the Aboriginal communities of Alice Springs, Yuendumu, Darwin, Yirrkala, Ramangirr, Groote Eylandt and Bagot providing the Rapporteur with opportunities to sit with, and listen to the concerns of, local peoples and their elders.

Several thousand concerned Australians, including many Aboriginal people from the NT, had signed letters asking Professor Anaya to:

•    encourage the Australian Government to respect and recognise the views of all Aboriginal people through new and genuine negotiation with Aboriginal elders
•    insist that human rights principles as outlined in the UN Convention against Racial Discrimination be applied
•    encourage the Government to re-instate the Racial Discrimination Act without discriminatory “special measures”.

Last Thursday Prof Anaya gave a statement to a press conference at the National Library in Canberra in which he stated that in his journey of listening and learning in Australia, he had observed “the need to develop new initiatives and reform existing ones - in consultation and in real partnership with indigenous people - to conform with international standards requiring genuine respect for cultural identity and self determination”.

Professor Anaya advised that, in its current form, “the Emergency Response is incompatible with Australia’s obligation’s under the Convention on the Elimination of all Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, treaties to which Australia is a party, as well as incompatible with the Declaration on the Rights of Indigenous People.” He stated that the associated special measures,” overtly discriminated against Aboriginal peoples, infringe their right of self-determination and stigmatize already stigmatized communities.”

The Australian Government has already indicated its intention to reinstate the Racial Discrimination Act in the NT and the process leading to reform of the Intervention is already underway. Will government take guidance from Prof. Anaya?  Our Prime Minister, Kevin Rudd, has consistently declared his support for the United Nations. Now is the time to show that support and to assure the world that Australia is prepared to take the necessary steps to safeguard the right of Aboriginal people to self-determination and cultural integrity by removing the discriminatory elements of the current arrangements.

Anglican Bishop Greg Thompson of Darwin urges the Federal Government of Australia, “not to diminish the spirit of the Apology by subverting universal human rights of First Australians in the Northern Territory. Such a policy foundation based on coercion is a return to the repertoires of colonization. We need national bipartisan leadership that secures a healthy future for children without the destruction of Indigenous leadership. If ‘the end justifies the means’ – what are the ends that have been justified in the last 26 months?”.

Catholic Bishop Eugene Hurley of the Diocese of Darwin happened to be spending a couple of days in the Yuendumu Community when Professor Anaya visited. He said, “I attended a community function with him. My observation was that he listened carefully to the people of the community and seems to have respected faithfully what he saw and heard.

It seems to me that it is not helpful to “shoot the messenger”. Indeed it would be wise to listen both to the message and the messenger.”

The visit from Professor James Anaya has given our government the opportunity to openly review its current policies and its international obligations to Aboriginal people. Signatories to the letters that were presented to Professor Anaya are calling on government to do just that.

A spokesperson for the group said that, “.The world is watching. We rely on Prime Minister Rudd to ensure that we can feel proud that Australia is prepared to make the required changes to conform to global standards in the protection of the rights of Australian Aboriginal peoples”.


Calma approach proves too timid

Saturday, August 29th, 2009

THERE is nothing the government (or anyone else) can do for the Aboriginal people of Australia that the people are unwilling to do for themselves.

If people from the progressive side of the political divide reflect on this principle, they will agree. They would realise what they think of as self-determination is consistent with this principle: nothing will work if the people who are the subjects of reform efforts are not willing to make the reform.

If people from the liberal and conservative side of the cultural and political divide reflected on this principle, they would also agree. After all, it is one of their own classical nostrums about the relationship between government and citizens. They would think of it as the necessary responsibility that must be held by citizens.

Properly understood, what the Left calls self-determination and the Right calls responsibility are one and the same thing: the power that people must have to take charge of their own destiny.

In Australia the two sides have failed to recognise this commonality. This is because those on the progressive Left side (including the majority of indigenous leaders) came to interpret self-determination as all power, no responsibility. This was the problem with the Aboriginal and Torres Strait Islander Commission: it gave some substantial powers to indigenous people, but the mentality was one of “we want power, but it’s all the governments’ fault when there is failure”. It’s true these powers were residual and many areas of failure - not the least health and education - were in fact state and commonwealth government responsibilities, rather than ATSIC’s. But the defining feature of the old ATSIC paradigm was power without responsibility.

Those on the liberal-conservative side, on the other hand, have also failed on responsibility, for two reasons. First, when it comes down to it, Australian liberal-conservatives are still big believers in government. They think overwhelmingly that it is government that needs to be the main actor in the salvation of the indigenes. Like their social democrat opponents, they see it largely as a matter of state service delivery rather than what we have come to call in Cape York Peninsula supported self-help.

Second, while they are keen for individual responsibility, they would prefer to ignore any group, community or people as holders of responsibility. Their aversion to collectivism makes their position too extreme. So they want to abolish indigenous organisations, and replace them with what? Large, mainstream, welfare-delivering non-government organisations like the Smith Family, Mission Australia and so on? As if they do a better job of delivering welfare.

The fact is indigenous Australians are peoples in an important sense. That means we share communal identities (not the least in relation to the ownership of traditional lands). There are many aspects of language, cultural traditions and heritage that mean we are not just individuals, but we are members of groups as well.

It is true that the great majority of indigenous Australians, including those who have been closely involved in contributing to Tom Calma’s blueprint for a new national indigenous representative body, largely function as individuals in the Australian mainstream. These are said to number 400,000 while another 100,000 live in discrete communities, usually in remote areas. While vast gaps in social and economic conditions exist across this spectrum, it is plain that the crises in the discrete, remote communities are of a particular kind.

My point for the moment is this: the liberal-conservative Right cannot just wish away the people dimension when it comes to discrete communities in particular. To continue to insist on utter assimilation is madness, and it’s the wrong idea anyway.

The fact is that rather than there being two choices: individualism or peoplehood, what has to happen to Aboriginal society is what has happened to all traditional societies on entering the modern era. Aboriginal individuals need to split in two: part of their life must be conducted as individuals pursuing their lives in the modern world. They must be animated by their own self-interest and their families must be their first priority. They must be able to have access to opportunity without going through collectivist procedures and they need to have a private life that is separate from collectivist politics. Their pursuit of their individual interests must be fully legitimated as the best (and only) means of social and economic uplift.

The other half of the Aboriginal individual’s personality will constitute their identification with their people: their lands, their languages, their traditions, their heritage. This is not a sphere of life that provides any chance for socioeconomic development. It serves those more intangible human needs for culture, spirituality and identity.

Calma’s model for indigenous Australian representation is a tragically wrong-headed outcome of what was clearly a hopeful exercise involving many indigenous people earnestly trying to find a way to a better future.

It is difficult to add anything more to Nicolas Rothwell’s penetrating analysis in The Australian yesterday. Rothwell’s conclusion is devastating: “For some time it has been clear Aboriginal self-determination has had its day. Calma’s report lays it in its long-prepared grave.”

It is a strange outcome. It’s clear that the long shadow of ATSIC dominated Calma’s process and the product they have come up with shows the psychological terrors under which they laboured. They were anxious (like the Rudd government) not to give the impression that they were trying to revive the dead monster, ATSIC: yes, we only want advisory powers and will have no involvement in service delivery. They were anxious to ensure proper representation for women. They were anxious to prove the new organisation’s commitment to ethics and probity, and have made extraordinary proposals in this regard. They did not want government to be in a position to abolish the organisation, so they have opted to establish a company rather than a legislated body. They think that philanthropic and corporate funding will provide some financial independence to the new organisation, with little appreciation that there is small hope of this.

Understandably, given the opprobrium that came to be attached to ATSIC, they are running so scared from the ghost of ATSIC that they have proposed a model that can be summarised as all voice, no power, no responsibility. The worst result of all: they have the ability to complain but no ability to influence or take responsibility.

The recognition of indigenous Australians as peoples should be a matter for commonwealth legislation at the least. If there were problems with the arbitrary interferences and changes by governments, then the search should have been for solutions that protect against such events. In any case the need for government funding still leaves the most decisive power in the hands of government. The erstwhile representative company may still survive, but without government funds?

The position of indigenous Australians is reduced to that of a representative function of approximately the status of the Australian Native Grasslands Protection Association or the Australian Philatelic Society (if there be such organisations). Except that it will have the formal role of complaining about the torment of powerlessness afflicting Australia’s first peoples.

Calma and his team have not grappled with the whole problem of the governance interface between indigenous Australians and the Australian commonwealth. One nation, several peoples. Finding the equilibrium between the 97 per cent Elephant and the 3 per cent Mouse so that the Mouse can do for itself those things that the Elephant will never be able to do for the Mouse. Individual socioeconomic development in the private sphere, cultural development in the sphere of the people.

Thoughtful members of the Rudd government should treat the Calma report as a kind of embarrassing Oliver Twist moment in the relationship between black and white Australia. Embarrassing for the whites as much as for blacks. They should ask Calma to go back to the drawing board and give indigenous Australians the opportunity to think through these issues outside the shadow of ATSIC. To accept Oliver’s pathos would be the worst act of political cynicism.

Intervention report ’should be binned’

Saturday, August 29th, 2009

High-profile Aboriginal leader Warren Mundine says yesterday’s finding by a United Nations representative that the Northern Territory intervention was overtly racist is bizarre and should be chucked in the bin.

There has been a barrage of criticism today for the finding by the UN’s Special Rapporteur on Indigenous Human Rights, Professor James Anaya.

Professor Anaya, who spent 11 days touring Aboriginal communities, gave a damning assessment of the intervention, saying it discriminated against Aboriginal people.

Both the Federal Government and Opposition have rejected the findings.

They say Professor Anaya failed to take into account the need to protect vulnerable women and children in Aboriginal communities.

Mr Mundine is outraged by Professor Anaya’s findings and says his views should be completely ignored.

“I think this rapporteur’s report should be dealt with the same as every other rapporteur’s report; just drop it in the bin and actually get on with the job,” he said.

“What is detrimental about the protecting of children, the protecting of women against sexual assault, physical assault?

“When Aboriginal women - or Indigenous women, I should say - are being raped, then we need to have policies in place that deal with the rape of those women.”

The rapporteur also said there was entrenched racism in Australia, but the former Labor Party president says Australia is one of the most modern, civil societies in the world.

“I think Australia is a great place. I think Australians are great people and decent people,” Mr Mundine said.

“There are issues in this nation and there is racism in this nation, anyone would be a fool to say there’s not.

“But there is racism and there’s problems in all nations. We are actually in Australia working towards resolving those issues.”

 

An ‘armchair critic’?

 

Earlier, Indigenous Affairs Minister Jenny Macklin said the Government was already working on Professor Anaya’s advice to reinstate the Racial Discrimination Act, which was set aside to allow the intervention to occur.

But she has all but rejected his other concerns.

“For me, when it comes to human rights, the most important human right that I feel as a minister I have to confront is the need to protect the rights of the most vulnerable, particularly children,” she said.

The Opposition’s Indigenous affairs spokesman, Tony Abbott, says the United Nations expert does not know what he is talking about.

“This is the kind of nonsense that we’re used to from these armchair critics,” he said.

“I mean, has he actually been out there? Has he actually got his hands dirty? Has he talked to the people who have actually lived through the situation before the intervention and after the intervention?

“Sure, things aren’t perfect there now, but they’re a lot better than they were.”

But Greens Senator Rachael Siewert has welcomed the UN expert’s findings.

“We have said all along exactly that; that it was racists, discriminatory,” she said.

“We opposed the legislation and we called since it was introduced for the exemption to the Racial Discrimination Act to be removed.”

Intervention protects vulnerable: Macklin

Saturday, August 29th, 2009

Indigenous Affairs Minister Jenny Macklin has defended the Northern Territory intervention as necessary to protect the rights of vulnerable people, following United Nations criticism it is racist.

Yesterday UN Special Rapporteur Professor James Anaya, who has toured Indigenous communities, said several measures of the intervention, such as income management, were discriminatory and a breach of Australia’s international obligations.

But Ms Macklin says the Government must confront the realities of the conditions that Indigenous people face.

“I know that issues like income management in the Northern Territory and alcohol controls are controversial,” she said.

“But for me when it comes to human rights the most important human right that I feel as a minister I have to confront is the need to protect the rights of the most vulnerable, particularly children.

“These are the rights that I think needs to be balanced against other human rights.”

Professor Anaya also criticised the suspension of the Racial Discrimination Act in order to carry out the intervention.

Former Liberal federal Aboriginal affairs minister Fred Chaney, who is now a board member of Reconciliation Australia, agrees it was a mistake to suspend the Act.

He also says Professor Anaya’s criticisms are justified.

“To the extent that for the first time a Commonwealth Government actually took responsibility, and said we are responsible here, that was a welcome relief I think,” he told The World Today.

“One can only hope we can … get rid of the rubbish elements of the intervention and build on the need to really make up for a backlog of assets and government services and of engagement with Aboriginal people that’s long overdue.”

The Federal Government will legislate to bring back the Racial Discrimination Act before the end of the year.

Professor Anaya’s comments came on the same day a proposal for a new Indigenous representative body was unveiled.

The proposal has attracted criticism because it will only have advisory powers, but Ms Macklin says it is a model that Aboriginal people have devised and support.

“They want to make a break with the past, they want to look forward and have a body of high ethical standards and they want to have a body that is able to provide advocacy on behalf of Aboriginal and Torres Strait Islander people.”

Remove government shackles, former ATSIC leader says

Saturday, August 29th, 2009

A former ATSIC leader says any national indigenous organisation needs to be removed from government control and funding.

The Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma has proposed a new Indigenous body would be set up as a company and include a 128-member council.

But Ray Robinson has warned Indigenous people to carefully study the proposal before supporting it.

“The Labor Party’s policies are no different to the Liberal National Party policies,” he said.

“The only way you change things is Aboriginals set up an independent body, something like the New South Wales Land Council, or set aside seats in parliament.

“Forget about government funding - while you get government funding the government has control over you.”

Mr Robinson says the proposed organisation will give the government and the public someone else to blame if complex problems cannot be solved.

“This body has no power and yet what will happen is in two or three years time it will be blamed for the Northern Territory intervention and their failure to get houses out there in the community for Indigenous people,” he said.

Howard ministers accuse UN observer Anaya of putting rights before living standards

Friday, August 28th, 2009

TWO former Howard government ministers have accused a United Nations observer of putting rights before living standards by alleging that the intervention into remote Northern Territory communities is discriminatory.

UN special rapporteur on indigenous rights James Anaya said yesterday NT intervention was incompatible with key international covenents.

Former indigenous affairs minister Mal Brough, who led the 2007 intervention, told ABC radio that Professor Anaya had his priorities the wrong way around.

Mr Brough said that improving living conditions was more important that not offending “some law”.

“I get very annoyed when I hear people pontificating about human rights when today there will be children sitting out there in abject squalor with diseases they don’t have to have, inadequate education, poor nutrition and poor access to health and we have some nicety about human rights legislation,” Mr Brough said.

After 11 days of touring indigenous communities around Australia, Mr Anaya concluded that the emergency response, initiated in 2007 by the Howard government, was too wide in its scope.

“Any special measure that infringes on the basic rights of indigenous peoples must be narrowly tailored, proportional, and necessary to achieve the legitimate objectives being pursued,” Professor Anaya said.

“In my view, the Northern Territory emergency response is not.

“These measures overtly discriminate against Aboriginal peoples, infringe on their right of self-determination and stigmatise already stigmatised communities.”

The Coalition’s indigenous affairs spokesman Tony Abbott dismissed Mr Anaya’s criticism as “sanctimonious claptrap”.

“I don’t think anyone who is deeply familiar with conditions in these remote places could seriously say that (the intervention) wasn’t necessary,” Mr Abbott said. “In fact it was long overdue,” he said.

UN Special Rapporteur vindicates Greens opposition to NTER

Friday, August 28th, 2009

The Australian Greens were not surprised by comments from the United Nations Special Rapporteur on Indigenous rights condemning the discriminatory and paternalistic elements of the Northern Territory Emergency Response (NTER), claiming they affirmed the Greens strong opposition to the introduction of these measures.

“I met with Professor Anaya during his visit to Australia and was impressed by the thoughtful way he engaged with issues concerning the rights of indigenous Australians. I am not the least bit surprised by his comments and findings,” said Australian Greens indigenous spokesperson Senator Rachel Siewert.

“It is good to see an independent outside voice that brings a wealth of international experience of Indigenous development airing such strong criticisms of where this ill-thought-out top-down intervention has gone wrong. This may ultimately result in the Government listening.”

“The Minister for Indigenous Affairs and both major parties need to sit up and listen carefully,” said Senator Siewert.

“Following the recommendations of the UN Special Rapporteur and restoring the application of the Racial Discrimination Act to the NTER is a simple process. The Greens moved amendments last year that would have done exactly that - which were voted down by the major parties in the Senate.”

“It is time to put the much-needed resources of the NTER to better use - by consulting properly with Aboriginal communities and backing community-based programs with a proven track record,” she concluded.

Abbott pans planned Aboriginal body

Friday, August 28th, 2009

Opposition Indigenous affairs spokesman, Tony Abbott, has panned the new proposal for an Indigenous representative body as being a blend of “the worst features” of previous Aboriginal organisations.

A model for a new organisation was unveiled yesterday by Aboriginal and Torres Strait Islander Justice Commissioner Tom Calma after a year of consultation across the country.

The proposed body would be completely independent of Government and would be run by an executive that would be elected by a national congress and vetted by an ethics council.

However the new body has only advisory powers and will not be responsible any delivery of services.

Mr Abbott has told ABC 2 News Breakfast the proposed model has no purpose and has been overtly influenced by a “Canberra Aboriginal perspective”.

“I think that the new body that he is proposing is a very unsatisfactory blend of the worst features of both the old ATSIC and the old [National Indigenous Council],” he said.

“I don’t see the point of going to the time and trouble of electing a body like this unless it’s got real power.

“If you’re going to elect a body you’ve got to give it something worthwhile to do. If it’s only going to be a policy advisory body, why go to the time and trouble of electing it.”

But Mr Calma has hit back at Mr Abbott’s criticisms.

“I think, firstly, he hasn’t read the report,” he told ABC 2.

Mr Calma said evidence suggests that responsibility for service delivery was a factor in ATSIC’s downfall.

“Power doesn’t necessarily mean that you have to be delivering services,” he said.

“We’ve taken the position on advice from the consultations that we should be a strong advocacy body, we should be a representative body, we should be a body that develops a partnership with Government to help Government … to look at the way they deliver services,” he said.

The Government says it will set up the new organisation before the end of the year but has already ruled out some of the funding proposals put forward for it to get it established.

 

‘Sanctimonius claptrap’

 

Mr Abbott also rejected UN Special Rapporteur James Anaya’s claim that the emergency response in the Northern Territory is overtly discriminatory.

Mr Abbott was part of the Howard government when the intervention was imposed on Aboriginal communities.

Professor Anaya has described the practice of managing welfare payments and banning alcohol as a violation of human rights.

But Mr Abbott dismissed Professor Anaya’s claims as “sanctimonious claptrap” saying the intervention had drastically improved the situation for many Aboriginal families.

“I don’t think anyone who is deeply familiar with conditions in these remote places could seriously say that drastic wasn’t necessary. In fact it was long overdue,” he said.