23 November 2005
Co-operative approach needed for ALRA reforms
Following reforms to the Northern Territory Land Rights Act announced last Friday by Federal Indigenous Affairs Minister, Amanda Vanstone, the Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, urged the government to maintain a co-operative and participatory process in amending and implementing changes to this important legislation.
Commissioner Calma was pleased that many of the proposed changes to the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) were based on agreed changes between the Northern Territory Government and Northern Territory Land Councils.
“I encourage the federal Government and Minister Vanstone to build on this co-operative approach by maintaining an open dialogue with the land councils and traditional owners on aspects of the proposed changes that may be of concern. Human rights standards require that traditional owners and their representative organisations have effective participation and informed consent in changes to their legislative rights,” said Mr Calma.
However, the Commissioner raised issues about changes to the funding regime of the land councils.
“One of the most important functions of the existing land councils is to provide effective and independent advice, support and guidance to traditional owners in the management of their land. This responsibility has never been more important, given the growing attention on gaining economic development from Indigenous land. The changes to land council funding from statutorily guaranteed funds to performance-based government funding must ensure that land councils are still able to perform their functions and that the new funding regime is flexible enough for land councils to develop and implement innovative strategies that help traditional owners achieve their social and economic development goals.” Mr Calma said.
Mr Calma offered cautionary support to the provisions allowing for the creation of new land councils.
“While the creation of new land councils could be a positive move for some communities, problems can arise if these smaller organisations have inadequate funding, capacity and governance structures. It is essential that all these issues are addressed if smaller land councils are to be effective,” Mr Calma said.
The Commissioner expressed concern that only 55% of Aboriginal people in the area would be needed to support the establishment of a new land council. He said that this may result in Aboriginal people living in the area making substantial governance and land management decisions, rather than the traditional owners for the area deciding on these important issues. Furthermore, 55% is not a substantial majority especially if potentially half of the community are not in support.
Mr Calma also expressed concern that not only the establishment of new land councils but also the devolution of decision making to regional groups appears to be possible without the free, prior and informed consent of traditional owners for the area.
“From the information available to date, it appears that new land councils and regional groups with important decision making powers can be established without relying on traditional owner consent. Such an approach is inconsistent with the principles of the ALRA and I would hope that the primary rights of traditional owners are protected in these new changes,” he said.
Media enquiries: Paul Oliver on (02) 9284 9880 or 0408 469 347
Last updated 23 November 2005.
