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11 November 2004

Statement on proposals for welfare reform for Indigenous Australians

by Mr Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner and acting Race Discrimination Commissioner

There has been substantial comment in recent days about reforming the welfare system as it applies to Indigenous peoples and linking welfare payments to behavioural change. I am concerned that this debate should take place in a manner that fully respects the human rights of Indigenous peoples and that is non-discriminatory.

I welcome debate about how to improve the often desperate situation that exists for many Indigenous people and in many Indigenous communities. There are fundamental issues that need to be addressed relating to passive welfare, low achievement in literacy and numeracy standards, as well as family violence, substance abuse and other factors contributing to the extent of poverty and marginalisation faced by Indigenous peoples.

As Race Discrimination Commissioner I would be deeply concerned if conditions were introduced which place restrictions on access to services for one sector of the Australian community defined by their race that did not apply more generally to the rest of the Australian community. It would be unacceptable for Indigenous peoples to be denied basic citizenship services that all other Australians take for granted.

Any proposals for reform must comply fully with the Racial Discrimination Act and the principle of non-discrimination more generally. Proposals which fail to do so should be rejected outright as morally repugnant and not fit for modern Australian society.

This debate should be firmly focused on creating sustainable improvements in the circumstances of Indigenous peoples and on building the capacity of Indigenous individuals and communities to freely determine their own destiny.

The proposed introduction of coercive measures to achieve this will not work and may well have the opposite effect of exacerbating the extent of poverty, marginalisation and powerlessness of Indigenous people. It would also be inconsistent with Australia’s international obligations, such as under Article 6 of the International Covenant on Economic, Social and Cultural Rights, that emphasizes the obligation of governments to support an individual’s right to work in equitable and non-coercive terms.

There are already a number of initiatives underway in which Indigenous communities are voluntarily working with governments to address passive welfare, such as through the Community Participation Agreement process. This process sees communities identify their own priorities and agree on how to tailor mutual obligation activities so that they are meaningful and address the needs of the community.

This approach is incremental in its impact. It builds on the existing capacity within a community to strengthen it, thereby empowering Indigenous peoples to manage their own affairs. This ultimately leads to an increased sense of self-worth and dignity.

Ultimately, moving from a passive welfare approach requires a multiplicity of responses and substantial change from the way government does business at present. Knee-jerk reactions to the substantial challenge that this presents need to be avoided, particularly where they may create discriminatory standards of treatment by government(s) or be counter-productive.

Media contact: Paul Oliver (02) 9284 9677 or 0408 469 347

Last updated 11 November 2004.