The Senate Community Affairs Legislation Committee is conducting an inquiry into legislation currently before Parliament that seeks to reinstate the operation of the Racial Discrimination Act 1975 and expand income management to apply across the whole of Australia. 

The Centre has made a submission to the Inquiry that considers the human rights principles and standards that are most relevant to the Northern Territory Intervention and the proposed amendments.  In particular, the submission states that any measures imposed as part of the Northern Territory Intervention must:

• respect the fundamental right to equality and non-discrimination;
• involve the genuine participation of affected Aboriginal communities, respect the right of self-determination, and involve the free, prior and informed consent of those communities; and
• recognise that the rights of Aboriginal communities, women and children are closely linked and that women and children must be protected in a way that is racially non‑discriminatory.

The Centre is extremely concerned that:

• while the reinstatement of the Racial Discrimination Act is welcomed, its reinstatement will not take effect until 31 December 2010;
• there is a clear lack of evidence to demonstrably justify the effectiveness, and thus the necessity, of many of the Northern Territory Intervention measures, particularly income quarantining;
• the Federal Government’s consultations with affected communities have been manifestly inadequate and cannot be used to justify the continuation, and indeed the expansion, of the Northern Territory Intervention measures; and
• there has been a complete absence of any meaningful involvement by affected Aboriginal communities in both the formulation and the amendment of the Northern Territory Intervention measures. 

As a result, the HRLRC considers that the Government’s Bills in their current form will:

• continue to breach a number of Australia’s international human rights obligations;
• not be effective in addressing Aboriginal disadvantage;
• continue to undermine the relationship between Australian governments and Aboriginal Australians; and
• arbitrarily impact on the human rights of disadvantaged and vulnerable groups within our society, with the effect that they will become further isolated and excluded. 

Click here for further details about the Senate Committee’s inquiry. 

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