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Report Card: Major Parties' Policies in Indigenous Affairs
This Report Card is provided to assist ANTaR members and supporters in considering Indigenous affairs issues in the lead-up to the 2004 Federal Election.
The Table below is a summary of the Indigenous Affairs policy responses of the major parties. It was compiled by Australians for Native Title & Reconciliation (ANTaR) based on responses to standard questions sent to the primary spokesperson for Indigenous Affairs with each major party: Senator Amanda Vanstone (Liberal/National), Senator Kerry O’Brien (ALP), Senator Aden Ridgeway (Democrats) and Senator Kerry Nettle (Greens). Their responses to each question have been added to, where appropriate, from each party’s respective policies on Indigenous Affairs, as published on their party websites.
It was not possible to include smaller parties or independent candidates in the report card. However, further information can be found in Information on Indigenous Candidates.
RECOMMENDATION ON VOTING:
ANTaR does not endorse any political party but believes the serious issues and uncertainty facing Indigenous Australians at this time require us to take a strong stand in relation to voting in the 2004 Federal Election based on the research and analysis presented in ANTaR’s 2004 Election Kit.
Over the past eight years ANTaR has been consistently critical of the Howard Government's record (see Howard Government's Record in Indigenous Affairs 1996-2004, in this Kit) and is deeply concerned about current proposals to scrap Indigenous representation and return to mainstream service delivery. The 2004 Election Report Card shows other major parties are strongly opposed to the Coalition's approach of abandoning an independent Indigenous voice, as are Indigenous people, indicating we are at a critical crossroad in national Indigenous affairs policy.
ANTaR therefore recommends YOU SHOULD NOT VOTE FOR COALITION CANDIDATES but direct your vote elsewhere if you are concerned about Indigenous justice and reconciliation. This Report Card will assist you in considering the alternatives.
For further information contact ANTaR by telephone
on (02) 9555 6138, by email to antar@antar.org.au or visit our website: www.antar.org.au.
Further 2004 Election information, including ANTaR's
2004 Election Kit can be found
here>>
ISSUE |
PARTY RESPONSE |
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1.
RECONCILIATION |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Does your party fully support the final Recommendations of the Council for Aboriginal Reconciliation (CAR)? | The Government has rejected the majority of CAR’s recommendations. | Yes – at its 2004 National Conference Labor resolved to implement the Final Recommendation of the CAR. | Yes – Private Member’s Bill in Senate since 2001. | Yes. |
Will your party enact legislation ‘to put in place a process which will unite all Australians by way of an agreement, or treaty, through which unresolved issues of reconciliation can be resolved’? (CAR Final Rec. 6) | No. The Govt. has rejected the idea of a treaty or agreements process as “divisive and lacking the support of the general population”. | At its 2004 National Conference Labor resolved to implement CAR's Final Recommendations. Labor will continue to pursue reconciliation with the aim of achieving a lasting settlement between Indigenous peoples and other Australians. | Yes – Private Member’s Bill in Senate since 2001. | A constitutional agreement would be the most desirable way to advance justice for Indigenous people, including developing agreements or treaties. |
Does your party undertake to conduct a public education process to inform the community as a whole on the proposal for a formal negotiation or treaty process? | No. The Govt. “is supportive of symbolic acts to encourage all Australians to embrace reconciliation” such as construction of a monument in Canberra and flying Indigenous flags at times of significance. | Labor will work to overcome the misunderstanding in the broader community as to the root causes of Indigenous Australians’ disadvantage. | Committed to formal schooling, training of educational professionals and community awareness programs based on an honest and deep understanding of the truth of our shared history and mutual respect. | Recognise that the non-Indigenous population has much to learn from Indigenous people, about Indigenous people, our shared environment and about how this country was invaded and settled. |
2.
SELF-DETERMINATION |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Do you / Does your party recognise the right of Aboriginal peoples and Torres Strait Islanders to self-determination? | No. The Govt. is opposed to “self-determination” as it implies separate systems of government or laws within a nation. | Labor believes that Indigenous Australians must be able to exercise their right to self-determination within the Australian nation, and is committed to restoring the right and responsibility of Indigenous Australians to make decisions about their own future. | Yes | Indigenous self-determination and control over decisions that affect their well-being is essential. |
Will you / your party undertake to facilitate, as a replacement for ATSIC, the development of a system in which Indigenous people have control over their own affairs and not just an advisory role? | No. The Govt. will establish a (Govt. appointed) “National Indigenous Council (NIC) … to advise Government directly…The Govt would talk with and listen to other organisations and elected Indigenous people”. | On 30 Mar 04 Labor released a statement committing to creation of a new Indigenous national and regional representative structure with key advisory, advocacy and accountability functions. | Believe in the necessity of nationally elected Indigenous representation, and for increased representation of Indigenous peoples in politics generally. | Recognise and support the establishment of appropriate Indigenous representative bodies, responsible for policy and policy implementation for Indigenous people. |
3. INDIGENOUS DISADVANTAGE |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Will your party undertake to provide adequate funding and resources to properly address Indigenous disadvantage, in particular in areas such as health, housing, education and employment opportunities, and community infrastructure? | Yes.
On the basis of need [Govt.’s emphasis]. A key element
of the Govt’s 2001 election commitment was to improve the access
of Indigenous Australians to mainstream programs and services at both
State and Territory and Commonwealth levels, particularly in urban and
regional centres. |
Labor will act to redress Indigenous disadvantage wherever it exists. | Yes. The Democrats are committed to greater social justice measures ensuring the provision of basic citizenship rights that are required if Aboriginal and Torres Strait Islander Peoples are to enjoy the same living standard and opportunities as other Australians. |
Committed to redressing discrimination and inequality across all aspects of Australian society. Indigenous people
require, and are entitled to, culturally appropriate and fully resourced
health facilities, housing, training and education as each community itself
determines. |
Will you / your party undertake to support the development of a Social Justice Package, which is the third (undelivered) component of the agreement between Indigenous representatives and the Commonwealth Government which resulted in the Native Title Act of 1993? | No. The Howard Govt. abandoned the Commonwealth’s commitment to develop a Social Justice Package in 1996. The Govt’s response states that “any reasonable expectations of the 1993 social justice package would in retrospect have been exceeded” by the Govt’s policies and programs. | Labor is committed
to delivering social justice for Indigenous Australians. See also Q.2. above. |
Yes. | Support immediate implementation of a social justice package for Indigenous people, as committed to during negotiations for the Native Title Act 1993. |
Will you / your party undertake to support specific measures such as an Indigenous ‘estimates’ process, to ensure that governments live up to their responsibilities? | No. The Govt. claims that the existing Senate Estimates process is adequate. The National Indigenous Council (see 2.b.) will advise the Government on priority areas and monitor performance in these areas. | Yes. | Yes. | Support immediate implementation of a social justice package for Indigenous people, as committed to during negotiations for the Native Title Act 1993. |
Will you / your party undertake to support specific measures such as an Indigenous ‘estimates’ process, to ensure that governments live up to their responsibilities? | No. The Govt. claims that the existing Senate Estimates process is adequate. The National Indigenous Council (see 2.b.) will advise the Government on priority areas and monitor performance in these areas. | Yes. | Yes. | Yes. |
4.
NATIVE TITLE |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Will your party undertake to amend the Native Title Act so as to remove racially discriminatory elements introduced by the amendments of 1998, which have been identified by the Human Rights and Equal Opportunity Commission (HREOC) and ATSIC? |
No. The Govt. states that a Parliamentary Committee ‘majority’ report in June 2000 “concluded that the amended Act is consistent with Australia’s international obligations”. [Note: the report’s authors were all Government members. The non-Government members’ report disagreed. Criticism of the amended Act by HREOC and the UN remains.] |
Recognise Indigenous
Australians’ fundamental rights and entitlements as the original
owners of this land. Education for all Australians about the significance and value of native title is essential to realising the benefits of native title for all Australians. Labor will implement substantial public education about Indigenous history, land claims and native title. |
The Democrats support a native title regime that more effectively meets Indigenous aspirations for land justice and sustainable economic and social development. The Australian legal system should be modified to recognise and protect those aspects of Indigenous law and custom that will enhance the delivery of justice to Indigenous Australians. The next Federal
Government must come back to the negotiating table on Native Title, to
make the process more effective and efficient. |
Will work with Indigenous peoples to effect changes to the Native Title Act 1993 in accordance with customary relationships between Indigenous people and the land, established international law and the recommendations of the United Nations. Recognise and accept the right of Indigenous people to retain, and benefit financially from, their intellectual property rights to traditional knowledge and the biodiversity of their own lands and waters. Reject the Native
Title Amendment Act 1998 and recognise inalienable Aboriginal Title, which
empowers peoples who have been denied their country and enables them to
determine their own future, both culturally and economically. |
Will you / your party undertake to support restoration of ‘right to negotiate’ provisions equivalent to those in the Native Title Act 1992? | No. Govt response states that the ‘right to negotiate’ provisions “ impeded resource and commercial development … without giving Indigenous peoples substantial benefits in return.” | See above. | See above. | See above. |
Will your party ensure increased and sufficient funding to support negotiation processes under the Native Title Act to expedite native title outcomes based on the principle of co-existence? | The native title system is monitored on an ongoing basis. In 2001-02 an additional $86 million was allocated to the native title system over four years to create more substantive native title outcomes. | See above. | See above. | See above. |
Will your party increase funding to Native Title Representative Bodies to enable them to properly fulfil their statutory functions under the Native Title Act? | See
above. Funding levels are regularly reviewed. |
See above. | See above. | See above. |
5.
STOLEN GENERATIONS |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
If elected to government, does your party intend to offer an apology to the Stolen Generations on behalf of the nation or, if not elected, to support any proposals for an apology? | No. “The Government does not support a formal apology to the Indigenous people. Such an apology could imply that present generations are, in some way, responsible and accountable for the actions of earlier generations.” | Federal Labor Leader Mark Latham has re-affirmed Labor’s longstanding commitment to offer an apology to the Stolen Generations on behalf of the Australian people. | Yes. | Reconciliation will never be achieved until we can say we are sorry and we act accordingly towards Australia’s indigenous community for the wrongs that were done to them in the past, and which are still continuing. |
Do you / Does your party support the recommendations of the Bringing Them Home Report? | In
part. The Govt.’s response “concentrated on … family reunion
… health and parenting services … access to records and culture
and language maintenance programs.” The Govt. rejected many of the Report’s recommendations. |
The ALP recognises the need for a comprehensive Commonwealth response. | Yes. | Will implement the Bringing Them Home Report with the inclusion of points to cover land, culture, laws, customs and spiritual beliefs. |
Do you / Does your party support the establishment of a Reparations Tribunal to provide a mechanism for compensating Indigenous Australians who suffered from the policies of forced removal from their families? | No. The Government considers that there is no equitable way to financially compensate people affected by the removal policies. | See above. | Yes, The Democrats advocate for full and just reparations for Stolen Generations' members. | Yes. |
6.
STOLEN WAGES |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Will you / your party support all efforts to make reparation to Indigenous people whose wages or entitlements were never paid to them? | The States and Territories are addressing the question of “stolen wages”. The Govt does not have any knowledge that the Commonwealth ever acted in breach of its legal obligations toward Indigenous people. |
A Federal Labor Government will work cooperatively with the States on the matter of stolen wages. Labor welcomes the
recent formation of a panel by the NSW Labor Government to establish a
regime to deal with claims for stolen wages. |
Yes, There must be a fair and just process for the honourable resolution of this issue of historical injustice which still affects Indigenous people today. | Will establish a truth, reconciliation and justice program to provide an apology, compensation, rehabilitation and restitution to Indigenous people. |
7.
INDIGENOUS HERITAGE |
LIBERAL/NATIONAL |
LABOR |
DEMOCRATS |
GREENS |
Do you / Does your party support access to Commonwealth heritage legislation as a ‘last resort’ option in all cases where State regimes fail to protest Indigenous heritage? |
The Govt. has not amended Commonwealth Indigenous heritage legislation after seven years in office. However, the Aboriginal
& Torres Strait Islander Heritage Protection Bill is soon to be reintroduced
into Parliament, providing for Indigenous people to seek protection of
their heritage as a ‘last resort’ option where they believe
that State/Territory regimes have failed to protect it. |
Labor supports a strong and effective regime for the protection of Indigenous heritage. Full details of Indigenous
policy will be released during the election campaign. |
Yes. |
Will work with Indigenous communities to remove from relevant legislation provisions that provide for artefacts to be legally destroyed. Will
put the Aboriginal and Torres Strait Islander Land Fund into the hands
of Indigenous communities with assistance to ensure effective management
and accountability to Indigenous people. |
Do
you / does your party support the provision of strong minimum standards
for state/territory heritage regimes (as recommended by the Evatt Report)? |
The
Government supports provision of strong minimum standards for State/Territory
Indigenous heritage regimes and has been engaged in discussion with Indigenous
people to develop those standards. |
See above | Yes. | See above |
Do you / Does your party support the provision of Indigenous involvement in decision-making at all levels in heritage protection? |
The
Government recognises that Indigenous people are the primary source of
information about the significance of their cultural heritage and its
management. |
See above | Yes. | See above |
Do you / Does your party support provision for an independent Indigenous-controlled heritage body at the Commonwealth level? |
No.
The Govt’s replacement of the current Act will establish the statutory
position of Director of Indigenous Heritage Protection and an Indigenous
Heritage Advisory Committee. |
See above | Yes. | See above |
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