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Social Justice Report 2006: Information Sheet 3: Indigenous participation in decision making

Social Justice Report 2006

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  • Information Sheet 3:
    Indigenous participation in decision making

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    When it comes to ‘good policy’ in Indigenous
    affairs, a core requirement is the effective participation of Indigenous peoples
    in all decisions that impact on their lives. In practice, this means governments
    have a responsibility to actively involve Indigenous peoples in the design,
    implementation, monitoring and evaluation of policies that affect them, and to
    make the necessary changes to avoid or address any adverse impacts.

    This is reflected in the object of the Aboriginal and Torres Strait Islander Act 2005 (Cth) – namely,
    ‘to ensure maximum participation of Aboriginal persons and Torres Strait
    Islanders in the formulation and implementation of government policies that
    affect them’.



    This Social Justice
    Report
    concludes that there are insufficient mechanisms at the regional and
    national levels to enable effective Indigenous participation. This is a
    fundamental flaw in the new arrangements and it requires urgent
    attention.

    Governments risk failure if they develop and implement
    policies about Indigenous issues without engaging with the intended recipients
    of those services. Rather than being caught up on compliance with the absolute
    minutia of individual agreements, governments need to urgently address the need
    for systems to support long-term and sustainable improvements in Indigenous
    peoples’ lives.

    The importance of
    regional Indigenous participatory mechanisms in the new arrangements

    The federal Government has released guidelines
    indicating the parameters of the support it will provide for Regional Indigenous
    Engagement Arrangements (RIEAs). These guidelines replace the government’s
    earlier commitment to support Indigenous representative structures at the
    regional level. This constitutes an important change in approach, from an
    emphasis on representative regional structures, to regional processes
    and agreements
    , particularly Regional Partnership Agreements
    (RPAs).

    The previous 2005 Social Justice
    Report
    noted the considerable progress that had been made in
    negotiating regional representative arrangements and structures. It went on to
    recommend that the Australian Government, in partnership with state and
    territory governments and Indigenous peoples, negotiate and put in place
    regional representative arrangements by 30 June 2006. However, only two RPAs
    have been signed over the past 18 months, and progress towards the establishment
    of regional representative structures has effectively stalled.

    The absence of appropriate mechanisms for the
    participation of Indigenous peoples in the new arrangements is a significant
    policy failure. It is inconsistent with Australia’s human rights
    obligations, existing federal legislation, and the governments’ own
    policies.

    Indigenous participation in decision
    making at the national level

    Since the
    abolition of the Aboriginal and Torres Strait Islander Commission (ATSIC) in
    2005, there has been no representative Indigenous body at the national level.
    The federal Government has continued to use the National Indigenous Council
    (NIC), a body appointed by the government, as the primary source of advice on
    Indigenous policy.

    There are two principal concerns regarding Indigenous
    participation in national decision-making processes over the past 12-18
    months:

    1. Reforms have been introduced extremely quickly
      with limited processes for consultation and engagement from Indigenous
      peoples.
      During the course of some reform processes, the
      government has stated that it is under no obligation to consult with Indigenous
      peoples – this has contributed to the emergence of a culture within the
      federal Government that does not place sufficient value upon Indigenous
      engagement and participation.


    2. Government has continued to distance Indigenous
      peoples from processes for agreeing to policy priorities.
      This
      has occurred as a result of the federal Government pursuing bilateral agreements
      with each state/territory government which set the key priorities for
      inter-governmental cooperation, but do not provide for Indigenous
      input.

    This lack of engagement with Indigenous peoples
    contradicts the central policy aims of the new arrangements, which include
    commitments to partnerships, shared responsibility and mutual
    obligation.

    Governments will face greater difficulties in realising
    their intended goals if those goals are not shared by Indigenous communities.
    The absence of a national representative body exacerbates this situation. For
    example, government departments are struggling to know how to consult and
    with whom, and departmental staff are observing the frustration,
    disengagement and bewilderment of Indigenous
    peoples.

    The exclusion of Indigenous input into
    setting policy priorities has also been exacerbated by the federal
    Government’s negotiation of bilateral agreements and ‘strategic
    interventions’ with its state and territory counterparts. This approach
    puts strategic decision-making clearly in the hands of state and federal
    governments, and only allows Indigenous involvement after the basic
    decision to intervene has been made. In other words, priorities are determined
    by outsiders (governments), then the insiders (Indigenous communities) are
    invited to participate in the detailed planning and implementation.



    This approach does not provide a sound basis
    for ‘ownership’ by Indigenous people of initiatives that are
    designed to address disadvantage. It is also inconsistent with the various
    commitments made by governments through the Council on Australian Government
    (COAG) process relating to the need for effective Indigenous participation.



    The Aboriginal and Torres Strait Islander
    Social Justice Commissioner has committed to work with Indigenous organisations
    and communities to identify sustainable options for establishing a national
    Indigenous representative body as a follow-up action over the coming
    year.