What is Stronger Futures?
The Stronger Futures legislation consists of three bills introduced by Indigenous affairs Minister Jenny Macklin on 23 November 2011. They are:
Stronger Futures in the Northern Territory Bill 2011
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
Social Security Legislation Amendment Bill 2011
What will the legislation do?
The Stronger Futures legislation plans to replace the Northern Territory National Emergency Response Act 2007 (otherwise known as the “Northern Territory Intervention”), which was due to expire in August 2012. The Northern Territory Intervention has attracted national and international condemnation for its racial discrimination against Aboriginal people and their culture.
However, the new legislation plans to maintain many elements of the Northern Territory Intervention for a further 10 years, and will further increase Government control over Aboriginal people and their lands.
These measures include:
- Prohibition of consideration of Aboriginal customary law and cultural practice in criminal sentencing. This makes Aboriginal people in the Northern Territory the only group of people in Australia for whom the court cannot consider the cultural circumstances of an offence.
- Blanket bans on alcohol on Aboriginal Land, despite consistent opposition from the Aboriginal Peak Organisations of the NT (APO NT) who have said, “The decision regarding alcohol restrictions should be for relevant residents to make… The principal effect of these widely flouted laws has been to further criminalise and alienate many residents”.
- Increases in penalties for possession of alcohol on Aboriginal Land, including 6 months potential jail time for a single can of beer and 18 months for more than 1.35L of alcohol.
- “Star Chamber” powers by the Australian Crime Commission (ACC) for investigations in Aboriginal communities, including removal of the right to silence.
- Special powers that allow police to enter houses and vehicles in Aboriginal communities without a warrant, on ‘suspicion’ of possession of alcohol.
- Makes laws allowing for information to be transferred about an individual, to any Federal, State or Territory government department or agency, without an individual’s knowledge or consent.
- Blanket bans on “sexually explicit or very violent material” on Aboriginal Land. These restrictions serve no purpose other than the stigmatisation of Aboriginal men.
- Complete Commonwealth control over regulations in Community Living Areas and town camps.
- Continued suspension of the permit system in Aboriginal townships, in direct contradiction of APO NT who have said that: “communities on Aboriginal Land feel as though they have lost control… the flow on effects are overwhelmingly seen as negative and counterproductive to community safety”.
- An expansion of the School Enrolment and Attendance Measure (SEAM) means parents whose children miss school more than 5 times over 2 terms will have their welfare payments slashed. This comes despite consistent concerns raised by Aboriginal families of inappropriate education in Aboriginal schools that is failing to engage their children.
- Excessive licensing requirements on local grocery stores operating in Aboriginal communities, so strict that they could force store closure.
- The Stronger Futures “jobs package” includes 50 new ranger positions and 100 “traineeships”. But this will not compensate for the more than 2000 remaining waged Community Development Employment Program (CDEP) positions that the Government will cut by April 2012; the final attack on a vibrant program which was the lifeblood of many communities, employing upwards of 7500 people before the NT Intervention.
- Proposed amendments to the Social Security Act will see further attacks on the rights of welfare recipients. These measures will initially be targeted at Aboriginal people in the NT, but have national implications, especially in areas such as Bankstown or Shepparton where Income Management is being rolled out from July 2012.
Has there been any consultation with the affected communities?
Over a period of 3 months, the Government carried out consultations in many of the affected communities. It had promised to work in closer partnership with Aboriginal people, in order to develop more appropriate solutions to the problems they face. During these consultations, Aboriginal people had a chance to express their priorities for the future, as well as their hurt and anger at previous government policies, in particular the Northern Territory Intervention.
The consultations involved 378 meetings with small groups or individuals, and 101 meetings of larger groups or forums.
However, interpreters were booked for only 91 of these meetings. And no official recordings or transcripts of the consultations were kept by the Government.
The human rights group Concerned Australians has recently released a report which shows independent transcripts of the consultations. These demonstrate that what was expressed in these community forums had little to do with what the Government claims are the “community wishes” behind its Stronger Futures legislation.
What has been the response of Aboriginal leaders in the Northern Territory?
Aboriginal leaders and Elders across the Northern Territory are opposed to the legislation, and to further Government control over their affairs.
Senate Hearing at Maningrida 22 February 2012 from ‘concerned Australians’ on Vimeo.
Enough is Enough!: Read the statement by Northern Territory Elders and Community Representatives
What has been the response of civil society in Australia?
Over 450 submissions have been made to the Senate Committee’s inquiry into the legislation, drawn from a range of organisations across the country. Over 95% of the submissions oppose the legislation. You can view these submissions on the Senate Committee’s web-page. Here are also some links to some statements that have been made by leading organisations:
Statement by 28 Leading Australians
Vinnies’ chief calls for legislation to be scrapped
Public Health Association of Australia opposes legislation
Amnesty International criticizes new legislation
Cooperation not Intervention: Aboriginal organisations speak out
Statement by Australians for Native Title and Reconciliation (ANTaR)
Say No to Macklin’s Decade of Discrimination: Joint Statement from anti-Intervention campaign groups
What about international law?
The Stronger Futures legislation goes against numerous international laws to which Australia is a signatory, including:
“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”. International Covenant on Civil and Political Rights, Article 1(1)
“States shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.” United Nations Declaration on the Rights of Indigenous People, Article 19
A number of parts of the legislation have been justified as ‘special measures’. Special measures have been described by the UN Committee on the Elimination of Racial Discrimination (CERD) in 2009 (General Recommendation 32), as needing to be:
- Goal related and based on data
- Appropriate and legitimate
- Necessary in a democratic society
- Respect principles of fairness and responsibility
- Temporary, and not to be continued after the fulfillment of their objectives
- For the sole purpose of ensuring equal enjoyment of human rights and fundamental freedoms
- Should not lead to the maintenance of separate rights for different racial groups
The Senate Community Affairs Committee Inquiry, and its reception
The Senate Committee Inquiry received more than 450 public submissions, the majority of which opposed the legislation. The Committee also held public hearings in affected communities in the Northern Territory between 20 and 24 January 2012, which provided scenes of fiery community opposition to the legislation.
The Inquiry’s report was presented to the Government on 13 March 2012.
Read the Senate Inquiry report
The report has been widely condemned by human rights, welfare, health, religious and Aboriginal organisations has having ignored and disrespected many of the concerns raised by the community sector in their submissions and public testimonials. Whilst the Committee’s report recommends minor changes to the legislation, many solutions offered by communities in the areas of governance, alcohol management and education have been ignored. Even the call by Australia’s peak representative body for Aboriginal people, the National Congress for Australia’s First Peoples, to have the bills tested for human rights compliance in accordance with the new Parliamentary Scrutiny (Human Rights) Act have been ignored.
Below are some of the concerns raised by different organisations:
9 News: “NT Intervention report findings slammed by organizations”
National Congress of Australia’s First Peoples responds to report
ANTaR: “Senate Committee approves Stronger Futures despite growing opposition”
Uniting Church in Australia opposes legislation
Australian Council of Social Service: “Don’t extend a flawed and unproven NT Intervention model”
National Indigenous Times: “Aboriginal leaders prepare for the worst”
FURTHER RESOURCES
Community responses to Stronger Futures
Watch NITV’s Stronger Futures Community Forum, filmed in Maningrida, NT (Feb 2012)
“Enough is Enough!”: Video statement by 7 Aboriginal leaders from the Northern Territory
Ramingining Elders say No! to the second Intervention
SEAM
“Cuts to welfare payments for school attendance, requested or imposed?” by Concerned Australians
“Cutting Centrelink cash won’t stop Indigenous truancy” by Pat Turner
Ban on consideration of customary law and cultural practice in bail and sentencing
NT Chief Justice Riley speech to centenary celebrations of NT Supreme Court
NAAJA backs Judges support of customary law
Alcohol restrictions
“Indigenous Jailing rates to worsen” Australian Lawyers Alliance
Submissions
More than 370 submissions and 510 letters have been received by the Senate Inquiry into Stronger Futures. The full list can be found on their website here.
Some significant submissions include:
Aboriginal Peak Organisations (NT)
Australian Council of Social Services
Tangentyere Council (focus on new provisions relating to land)
Elders and Community of Ramingining
Amnesty International Australia
Australians for Native Title and Reconciliation (ANTaR)
Ian Thorpe’s Fountain for Youth
Campaign organisations
Australians for Native Title and Reconciliation (ANTaR)
Stop the Intervention Collective Sydney
Intervention Rollback Action Group Alice Springs
Darwin Aboriginal Rights Coalition
Rebuilding from the Ground Up: An Alternative to the NT Intervention
A website built around an alternative program to the NT Intervention widely endorsed by Aboriginal leaders and organisations. Summaries, video and collection of extensive research can be found on all NT Intervention measures. Visit the website
Campaign videos
Our Generation – Land, Culture, Freedom
Moratorium on Income Management
Gurindji strike against NT Intervention
Governmental releases
“Building stronger futures for children in the Northern Territory”, Government Media Release