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This page provides information and suggestions on
making submissions to the Senate Select Committee Inquiry on the
Administration of Indigenous Affairs, including matters relating
to the Government's draft legislation to
abolish ATSIC.
It is vitally important
that the Committee receive as many submissions as possible from
both Indigenous and non-Indigenous people and organisations. Submissions
can be as simple, eg a letter (see A
Short Response for Busy People), or as detailed as you like
(see Information on Key Points
for Submissions).
Inquiry and Terms
of Reference
Making a Submission
Public Hearings
A Short
Response for Busy People
Information on Key Points for Submissions
Further information
The Senate Select Committee has been established to inquire into
and report on:
(a) the provisions of the Aboriginal and Torres Strait Islander
Commission Amendment Bill 2004;
(b) the proposed administration of Indigenous programs and services
by mainstream departments and agencies; and
(c) related matters.
Top
The deadline for submissions is 30 July 2004. Submissions can be
made in the following forms:
Email: Indigenous.Affairs@aph.gov.au
Facsimile: (02) 6277 5866
Post: The Secretary, Senate Select Committee
on the Administration of Indigenous Affairs, Parliament House,
Canberra 2600
Further information about the Select Committee, including advice
on making a submission, can be found here>>
The Committee will be holding public hearings around the country
at which interested parties and members of the public have the opportunity
to give evidence to the committee.
A list of the current dates and locations of public hearings is
available here>>.
Please check later for updated details.
If a public hearing is not scheduled near to you and you would
like the opportunity to give evidence you can include in your written
submission a request that a public hearing be held in your area.
A simple letter is sufficient as a submission to the Inquiry. Below
is a sample letter drafted as key points. Your letter will be more
effective if put in your own words. You may also wish to add further
points (see Information on Key
Points for Submissions).
-- Sample letter --
The Secretary
Senate Select Committee on the
Administration of Indigenous Affairs
Parliament House
Canberra 2600
Dear Sir/Madam,
Thank you for the opportunity to provide input to the Committee's
Inquiry on the Aboriginal and Torres Strait Islander Commission
Amendment Bill 2004 and proposed related changes to the administration
of Commonwealth Indigenous affairs policy.
Protection of rights
Australia has an obligation to respect and protect the right of
Aboriginal and Torres Strait Islander peoples to self-determination,
human rights, and First Peoples' status and the inherent rights
that flow from that status.
Representation and self-determination
Central to the enjoyment of these rights is the ability of Indigenous
people to determine who represents them locally, regionally, nationally
and internationally. Indigenous Peoples of Australia alone must
have this right, as well as the consequent right to make free and
informed choices for themselves, their families and communities.
The current bill and proposed administrative arrangements will
deny these fundamental rights. In reducing Indigenous involvement
to an appointed advisory role, the Government will effectively remove
the right of Indigenous people to meaningful involvement in decision-making
affecting their lives and communities.
These changes are also contrary to the Government's own review
of ATSIC which endorsed the need for national elected Indigenous
representation and greater control at a regional level.
The right of representation and to determine their own affairs
have also been shown to be critical factors in improving the well-being
of Indigenous Australians. Outcomes are significantly better where
there is full and effective Indigenous involvement in decision-making,
strong Indigenous organisations and governance, and appropriate
cultural recognition within both Indigenous and non-Indigenous institutions.
New Indigenous representative structure
Indigenous Australians have endorsed the need for a National Indigenous
Representative Body which reflects their values and aspirations,
and which is open, transparent and accountable to Aboriginal and
Torres Strait Islander people.
This body should have primary roles in representation and advocacy,
be the principal source of Indigenous policy advice to government,
and have control over the provision of Indigenous-specific services.
Mainstreaming and accountability
The wholesale return to mainstream-focused service delivery will
be a backward step to a failed paternalistic approach in Indigenous
affairs. Indigenous people are poorly served by mainstream services
and there will remain the need for Indigenous-specific services
controlled by Indigenous people themselves.
Mainstream service delivery will continue to have an important
role, however, this must be on the basis of being responsive to
Indigenous community and cultural needs. Governments, mainstream
departments and agencies must be publicly accountable for the provision
of services to Indigenous people and such accountability should
include rigorous monitoring frameworks and the ability for Indigenous
people to exercise such accountability.
Indigenous consultation and consent
Finally, any replacement for ATSIC must be determined in consultation
and negotiation with Indigenous stakeholders, and on the basis of
their informed consent. The Committee's report should provide strong
endorsement of this principle.
yours sincerely
<your name>
1. International rights obligations
Australia has an obligation to respect and protect
the right of Aboriginal and Torres Strait Islander peoples to self-determination,
human rights, and First Peoples' status and the inherent rights
that flow from that status.
Australia has obligations under International instruments to uphold
the rights of Indigenous Peoples both as citizens and as First Peoples.
The current bill and related changes will breech these obligations
in a number of respects.
The Howard Government has been found by the UN in the past to be
in breech of its International rights obligations, most notably
in relation to native title
legislation and mandatory sentencing laws. The Government has
refused to accept the UN's findings. It is also opposed to the concept
of self-determination (including opposing use of the term in the
UN Draft Declaration on the Rights Of Indigenous Peoples).
In the current context, significant rights affected include the
right to choose representatives, to meaningful involvement in decision-making
affecting their lives and communities, and to the provision of services
which accommodate the special needs of Indigenous people.
These rights are central to addressing the severe disadvantage
and systemic discrimination faced by Indigenous Australians and
to preserving their right to determine and maintain their identity
as Indigenous peoples.
Without such rights Government policy will simply equate to the
previously rejected policies of assimilation.
The current bill also underlines the important conclusion that
without secure recognition as Indigenous peoples, including Constitutional
recognition, Indigenous Australians will remain vulnerable to the
summary erosion of their rights and entitlements by governments
hostile to their interests.
2. Representation and self-determination
Indigenous Peoples of Australia alone must have the
right to determine who represents them locally, regionally, nationally
and internationally, and must have the right to make free and informed
choices for themselves, their families and communities.
Central the right of Indigenous Peoples to self-determination is
the right to determine who represents them at all levels. It is
unacceptable for the Government to decide who will represent Indigenous
people.
Indigenous people must be able to effectively represent their views
on policy, program and funding in any and all areas that impact
on their lives. This is fundamental to the successful delivery of
services and programs to Indigenous people (see Section 5 below).
In reducing Indigenous involvement to merely an advisory role,
the Government will effectively remove the right of Indigenous people
to meaningful involvement in decision-making affecting their lives
and communities.
The Government's bill would also introduce a significant disparity
in the rights enjoyed by different sectors of the Indigenous community.
In announcing the Government's decision to abolish ATSIC, Prime
Minister Howard stated that "We believe that the experiment
in elected representation for indigenous people has been a failure".
Yet the Government has made no move to abolish the Torres
Strait Regional Authority (TSRA), which, like ATSIC, consists
of an elected arm and an administrative arm and which has as its
vision "to empower the Torres Strait Islander and Aboriginal
people living in the region to determine their own affairs...".
The TRA's primary goal in achieving that vision is to "gain
recognition of our rights, customs and identity as indigenous peoples".
In addition, the Government's own review
of ATSIC endorsed the need for elected Indigenous representation
at international, national and regional levels. It found no compelling
evidence to support the Government's conclusions that either ATSIC
or the concept of Indigenous representation should be abolished.
The government's position is therefore both contradictory and discriminatory.
We now contemplate the absurd and unacceptable situation where one
group of Indigenous people in Australia will have an elected representative
body and power to determine their own affairs, while those same
rights are to be totally denied to the majority of Indigenous Australians.
3. New Indigenous representative structure
There must be a sustainable, independent National
Indigenous Representative Body that:
- reflects the aspirations and values of Aboriginal
and Torres Strait Islander peoples;
- is open, transparent and accountable to the Aboriginal
& Torres Strait Islander peoples;
- is achieved with the informed consent of Indigenous
peoples through inclusive processes that acknowledge their diversity
and traditional authority structures.
With the option of reforming ATSIC's structure to address its acknowledged
deficiencies having been rejected, priority must be given to establishing
a new independent National Indigenous Representative Body. The structure
of this body needs to address deficiencies outlined in the Review
including an increased focus on regional and local roles, and issues
of transparency and accountability.
This body should have primary roles in representation and advocacy,
be the principal source of Indigenous policy advice to government,
and have control over the provision of Indigenous-specific services.
The details of the model and structure for such a body are matters
for negotiation with Indigenous peoples and should only be determined
on the basis of their informed consent.
It is clear that regardless of the outcome of the next election,
Indigenous Australians will not abandon their aspirations for a
self-determined future. The Labor Opposition has committed
itself to negotiate with Indigenous Australians a replacement
national representative Indigenous body with enhanced regional autonomy.
4. Reforming administration of Indigenous affairs
policy
Australia has a duty to pursue social justice &
economic development for all Aboriginal and Torres Strait Islander
peoples and to urgently address the current unacceptably high levels
of systemic disadvantage.
Evidence from Australia and overseas demonstrates
that both effective mainstream and Indigenous-specific service delivery
is required and that the critical elements in achieving successful
outcomes are effective Indigenous involvement in decision-making
and the existence of capable and culturally appropriate Indigenous
institutions of governance.
Addressing of the current unacceptably high levels of disadvantage
faced by Indigenous Australians and providing a sound economic base
for the future development of Indigenous communities should be national
priorities.
However, these should not be seen as the sole objectives of Indigenous
affairs policy, as the Government has sought to suggest with its
'practical reconciliation' policy approach. The Government has sought
by sleight-of-hand to suggest that so-called 'practical' issues
and 'symbolic' or rights issues are mutually exclusive. They are
not and we should not be fooled by such a false dichotomy.
Experience both in Australia and overseas has shown that not only
is this a false dichotomy, but that 'practical' measures in the
absence of parallel action on rights issues is counter-productive.
In Australia, a recent
study by ANU’s Centre for Aboriginal Economic Policy Research
(CAEPR) compared the performance of the Keating and Howard Governments
on improving the well-being of Indigenous Australians both in absolute
terms and relative to non-Indigenous Australians. The Keating Government
pursued parallel 'rights' and 'practical' policies while the Howard
Government's emphasis was entirely on 'practical reconciliation'
policies. The results showed little difference in 'practical' outcomes
after seven years of 'practical reconciliation' policies but a further
widening of the gap in well-being between Indigenous and non-Indigenous
Australians.
The Commonwealth Grants Commission (CGC) report
on Indigenous Funding 2001, and the Productivity Commission's
Review
of Government Service Provision have shown that Indigenous people
are poorly served by mainstream services. The CGC report highlighted
the problems in mainstream service-delivery caused by our complex
federal system and the need for "the full and effective participation
in decisions affecting funding distribution and service delivery".
Experience from overseas echoes these findings. The US Harvard
Project on American Indian Economic Development found that the
most important factors in successful economic and social development
of Indigenous communities have included the effective exercise of
sovereignty in making their own decisions, and capable and culturally
appropriate Indigenous institutions of governance.
All evidence suggests that both mainstream and Indigenous-specific
programs are required to meet the needs of Indigenous Australians.
However, mainstream service delivery must be responsive to Indigenous
community and cultural needs.
The Government has ignored all such evidence and now seeks to return
Indigenous programs and service delivery to the failed paternalistic
approach of the past.
5. Accountability
Governments, mainstream departments and agencies must
be publicly accountable for the provision of services to Indigenous
people and such accountability must include rigorous monitoring
frameworks and the ability for Indigenous people to exercise such
accountability.
The lack of accountability of governments, mainstream departments
and agencies in the delivery of services to Indigenous people has
been identified by numerous inquiries as a significant impediment
to improving service delivery and outcomes for Indigenous Australians.
This lack of accountability has also enabled governments to scapegoat
ATSIC as responsible for the failure to improve outcomes for Indigenous
Australians even though ATSIC only controlled 15% of Indigenous
expenditure, with governments controlling the remaining 85%, delivered
through mainstream departments and agencies.
Proper public accountability, including directly to Indigenous
people, is therefore essential to achieving effective Indigenous
service delivery.
6. ATSIC's assets
The establishment of a new National Indigenous Representative
Body will require the provision of resources and assets and it is
therefore important that the current assets of ATSIC be preserved
for transfer to the new body.
If ATSIC's current assets are disbursed to mainstream departments
it will be more difficult to reinstate them at a later date.
» Information
on the ATSIC Review can be found here>>
» For
background information on ATSIC and its history the following brief
from the Parliamentary Library can be found here>>
» Labor media release
on Senate Inquiry on Indigenous Affairs, 15 June 2004 here>>
»
Democrats media release on ATSIC's
assets, 15 June 2004 here>>
» Labor media release on intention to set up
Senate Inquiry, 1 June 2004 here>>>
»
Democrats media release on Labor referral
to Senate inquiry, 1 June 2004 here>>
»
PM jumps, ATSIC fails', Michelle Grattan, The Age,
18 April 2004
here>>>
»
Statement from Aboriginal & Torres
Strait Islander
Social Justice Commissioner, Dr Bill Jonas, 16
April 2004 here>>>
»
ANTaR media release on
Govt announcement, 15 April 2004 here>>>
»
ANTaR media release on Labor announcement, 30 March 2004
here>>>
For a Word version of this page, click here>>
This page updated as at 12 July 2004. Please return
for future updates.
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