On 10 August 2007, the Centre made a submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Northern Territory National Emergency Response Bill 2007 and Related Bills.
The submission focuses on the potential impact of the proposed legislation on Australia’s international human rights obligations, incuding in relation to the rights to non-discrimination, adequate housing, health, social security, participation, self-determination and land rights.
The Centre is particularly concerned that the Australian Government has entirely neglected to consult with Indigenous representatives and affected communities about the proposed legislation. This approach raises serious concerns in relation to the fundamental right of Indigenous peoples to self-determination and to participate meaningfully in decisions which affect them.
As the UN Office of the High Commissioner for Human Rights has written in their Guidelines on a Human Rights Approach to Poverty Reduction Strategies:
‘Lack of political rights is both a cause and a consequence of poverty. Socially and politically excluded people are more likely to become poor, and the poor are more vulnerable to social exclusion and political marginalization…Active participation in political decision-making processes plays a role in expanding political freedoms and empowering people, which in turn contributes towards combating social exclusion and political marginalization.’
For strategies to be effective, Aboriginal communities must be empowered, have ownership of the programs and be provided with sufficient support to enable them to run effectively. A recently released report of the Combined Aboriginal Organisations of the Northern Territory warns that if the Australian Government’s emergency measures are implemented without community consent and ownership, there is a risk that problems such as alcohol addiction ‘will be driven underground and that initiatives to help prevent child sexual abuse and family violence will be resisted’.
