Wednesday, 17 February 2010
Commission welcomes RDA measures as a good start
The Australian Human Rights Commission says the government’s proposed amendments to reinstate the Racial Discrimination Act (RDA) in the Northern Territory will improve the Northern Territory Emergency Response measures for residents of the 73 prescribed communities but has cautioned that more needs to be done to make the Northern Territory intervention fully compliant with human rights.
Welcoming the proposal in its submission to the Senate Inquiry on Social Security and Other Legislation, the Commission has said it would like to see some amendments that would ensure the full reinstatement of the RDA.
“Measures that are non-discriminatory are more likely to enjoy the support of affected communities,” Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda said.
“We are urging the government to reinstate the RDA for all the Northern Territory Emergency Response measures by 1 July and to reinstate state/territory anti-discrimination legislation for all NTER measures no later than the same date,” Mr Gooda said.
Commissioner Gooda also said the scope of the proposed new income management measures was too broad and should be refined, with income management only applying for a defined period of time, and with clearer definitions built into the legislation that define when a person becomes a ‘vulnerable welfare payment recipient’ and hence subject to income management.
“We support income management being introduced on a voluntary basis and where it is specifically targeted to address difficult circumstances, such as through a ‘last-resort’ approach for dealing with high risk circumstances such as child protection,” he said.
“Income management also needs to be supported by case management and financial literacy, safe house and drug and alcohol programs.”
Race Discrimination Commissioner Graeme Innes, said he remained concerned that not all the measures in the NT intervention legislation could appropriately be labelled as special measures.
“Consultation and consent of the affected group is an important criterion for a special measure under the RDA, particularly where the measure involves some restriction on peoples' rights,” Commissioner Innes said.
“Ultimately, the Commission’s central message is that the Northern Territory Emergency Response could be undertaken in a manner that is non-discriminatory and meets our human rights obligations,” Mr Gooda said.
“Our Submission to the Inquiry identifies how the government could ensure this happens.”
The submission 'Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills' is online now at www.humanrights.gov.au/legal/submissions/sj_submissions/2010_welfare_reform.html
Media contact: Louise McDermott 0419 258 597
