Social Policy: Government, Wealth and Welfare
Lecturer/Tutor: Robin Tennant-Wood/Dennis Gizas
Assignment: Major Social Policy Research Project – The Northern Territory Emergency Response
Source article: http://www.sbs.com.au/news/article/1027847/what-is-the-northern-territory-intervention
Introduction
The Northern Territory Emergency Response (NTER) was announced by the 2007 Howard Government as an effort to tackle child abuse in response to the ‘Little Children are Sacred’ report. The response aimed at protecting children, improving indigenous futures and making living conditions safer throughout communities in the Northern Territory. The NTER included direct intervention by Federal Police and Defence Force elements within the communities and enforced a number of regulations including the seizure of local community land held under the Native Title Act, the prohibition of alcohol and pornography and the quarantining of welfare payments. The NTER has attracted heavy domestic and international criticism from organisations such as the United Nations and Amnesty International, particularly for its suspension of the Racial Discrimination Act.
This project will discuss the NTER and look at elements including the policy development phase, the ideological perspectives in which it is based, the ideological values encouraged and discouraged, the ‘winners’ and ‘losers’ of the policy, and the outcomes it has had to this point. First, this project will introduce the NTER and outline its policy base and justification, the development and implementation phases will be discussed and the empirical outcomes to date will be presented. Second, this project will analyse these phases and outcomes and discuss its ideological background, the values which it represents, and the responses it has received. Finally, this project will present a range of suggested improvements and changes to the policy which should have been implemented both prior to and during the response.
The Policy
In 2006 The Board of Inquiry was created by the Northern Territory (NT) Government to research and report on allegations relating to the sexual abuse of Indigenous children. The inquiry was asked to look at the problem of sexual abuse within Indigenous communities and suggest a range of possible solutions. Co-chaired by the former NT Public Prosecutions senior lawyer and a subject expert who has worked with Indigenous communities for many years and is Indigenous herself, the study looked at how Indigenous children were being abused, particularly cases which where unreported, problems with the way the government responds and attempts to provide protection, how government agencies could work together more effectively, and how the government could better support Indigenous communities to help prevent child abuse. The result was the development of the ‘Little Children are Sacred’ report which presented 97 recommendations to the chief minister and highlighted the seriousness and prevalence of child sex abuse in Indigenous communities (Northern Territory Government [NTG] 2007).
The report recommendations highlighted several areas of particular importance. Education was found to be key in ensuring safe community and family environments, education provides opportunities and provides a way to overcome the social and economic problems which contribute to violence, and teachers can act as a support network external to family and community life. Alcohol was another key area which the report identifies stating that alcohol abuse is the “gravest and fastest growing threat to the safety of [Indigenous] children” (NTG 2007). The report recommended that urgent action must be taken to reduce alcohol consumption due to the strong association between alcohol abuse and violence and sexual abuse. It was also found that community services and police elements needed to work closer together and suggests the establishment of an Advice Hotline. But perhaps most importantly, the report recommends that the empowerment of indigenous communities is important, allowing indigenous persons to take control of their lives and make decisions about their future (NTG 2007). This is a key recommendation that will be discussed at a later stage of this project.
In response to the report, the Howard Government of 2007 announced the Northern Territory Emergency Response (NTER) which would attempt to establish a safer environment for indigenous communities, particularly in relation to preventing the sexual abuse of children, and try to build more secure futures throughout rural communities in the Northern Territory. However, the response has been criticized heavily for not including almost all of the recommendations made by the ‘Little Children are Sacred’ report (SBS 2009). The aims of the Response are stated as to “protect children and make communities safe” and “create a better future for Aboriginal people in the Northern Territory” (Department of Families, Housing, Community Services and Indigenous Affairs [FaHCSIA] 2009a). The response has included more than 55 Government Business Managers living in communities to coordinate the policy on the ground, an NTER Task force composed of experts in indigenous affairs, medical care, social policy, government, business and the law, and a support element of 600 Defence Force Personnel who have conducted Child Health Checks, provided logistical support, and helped build 18 new police stations (FaHCSIA 2009b).
The policy includes things such as the quarantining of welfare payments and income management, which ensure welfare payments are spent only on particular basic items at particular shops (FaHCSIA 2009b), ‘Work for the dole’ requires welfare recipients to actively seek out work or participate in work-related activities in order to receive income-support payments, Alcohol and pornographic material have been banned throughout a number of prescribed areas and heavy restrictions on such items are prevalent throughout the Northern Territory, The implementation of child health checks and the establishment of Safe Houses and the compulsory acquisition of lands under a 5 year lease in order to regulate the construction and demolition of buildings and the ownership and tenancy of buildings (FaHCSIA 2009b).
Details on how the NTER policy was initially developed are scarce which suggests that there was a lack of public consultation, particularly in the affected areas, and that the policy was developed and approved through entirely internal mechanisms. In Arnstein’s ladder of Citizen Participation (1969), the NTER falls under the category of ‘Informing’, a tokenist approach which does not seek input from affected citizens but rather seeks to inform them of the policy. In this approach, citizens have little or no ability to influence the policy as it generally occurs late in the policy development stage and has a ‘one-way’ flow of information. However, there has been a distinct policy cycle since implementation whereby improvements have been developed, acted upon and reviewed in an attempt to improve the response (FaHCSIA 2009c). In addition, an independent group of experts called the NTER Review Board published a report in 2008 reviewing the response and seeking to answer a range of questions including what is and is not working and how it can be improved (NTER Review 2008a)
The Overcoming Indigenous Disadvantage reports are a series of regular reports commissioned by heads of government in order to track the progression of indigenous disadvantage and began in 2002. The most recent report, published in August 2011 found that in virtually all areas there are wide gaps between indigenous and non-indigenous Australians. Some have areas have improved, while others have not. The NTER’s key aim was to help protect children from, however the report has found that the substantiation rate of child abuse and neglect rose from 15 to 37 children per 1,000 between 1999-2000 and 2009-2010 (Productivity Commission 2011, p. 22) This could indicate two things; first that child abuse and neglect have indeed increased dramatically, or second that cases of abuse and neglect are being more widely reported to police. The FaHCSIA Monitoring Report 2007- 2008 found that there was little change in the number of domestic violence incidents reported but there was a large increase in the incidence of domestic violence related to alcohol (2008). These two reports show numerous other statistics that are consistent with the idea that indigenous disadvantage is not improving and the NTER has not been effective in many areas.
Analysis
The commissioning of the ‘Little Children are Sacred’ report was an important step in identifying indigenous disadvantage and the issue of child abuse and neglect throughout indigenous communities in the Northern Territory. This report signifies an integral stage in the development of social policy by using independent experts to explore, identify and advise on issues in indigenous communities. However, the recommendations of this report were effectively ignored by the developers of the NTER and as such inappropriate measures were taken which have proven to be ineffective. One of the most important recommendations made by the report was that indigenous people should be empowered and given the ability to make choices about their lives and futures. This recommendation was ignored outright and in fact acted against with the implementqation of income management.
The approach that was taken is inherently elitist and arrogant and reverts to the ideologies which founded the colonisation of Australia and the development of the White Australia policies. Jupp identifies that policy in Australia has a long tradition of being xenophobic, racist and insular and have always been heavily influenced by ideologies of imperialism and racism (2002). It is clear that efforts such as those under income management are evident of the ‘we know best’ mentality and a complete lack of faith in the ability of Indigenous people to make decisions for their own lives.
The development of the NTER was internal, rushed and not well thought out. One reason for this is that the NTER lacks well defined goals and timings. McClelland (2006) discusses the importance of effectiveness, how one achieves a set of goals, and efficiency, how cheaply one can meet those goals, when designing social policy. But the NTER lacks these fundamental goals and loosely states that it is designed to protect children, make communities safe, and create better futures for indigenous persons in the NT. By not setting targets and timings, policy actors, including those in implementation and those in the review stages, cannot establish clearly when the policy has met its aims. For this reason, the NTER was bound to be unsuccessful.
Additionally, the NTER was a policy failure because it failed to consult with the local indigenous people involved and it disregarded local indigenous cultures, laws and governance. In a letter addressed to the Australian People, a group of seven indigenous elders from six indigenous nations stated;
“As people in our own land, we are shocked by the failure of democratic process, of the failure to consult with us and of the total disregard for us as human beings. We demand the return of our rights, our freedom to live our traditional lives, support to develop our economic enterprises to develop jobs and to work towards a better future for all peoples.” (Kunoth-Monks, Gondarra, Nelson, Ungunmerr-Baumann, Mununggriritij, Gurruwiwi, Pascoe 2011)
This statement identifies clearly the dismay which the affected people feel and mentions directly the absence of any consultative period. In a report launched by former Prime Minister Malcolm Fraser, the ‘Will They Be Heard’ report (Nicholson, Behrendt, Vivian, Watson & Harris 2009) clearly illustrates the complete lack of meaningful consultation with the indigenous population. The report also points out that by treating the indigenous people so poorly, resistance to the NTER was inevitable and co-operation impossible. It quotes one elder as saying the intervention only compounds the feeling that they are second class citizens. In the NTER Review, the report also highlights that the people in which policies such as income management applied to were not consulted nor did they consent to it (NTER Review 2008b). This lack of consultation is a key point as to why the NTER was ineffective social policy.
The NTER was also implemented without due concern to historical events and background. The use of military personnel was widely irresponsible and insensitive considering the historical background regarding the colonisation of Australia. The use of military personnel creates an aggressive impression and was not well received by locals, one stating that they are “still reeling from the way the Federal government wheeled out, or dealt out, the intervention in a military fashion” (Nicholson et al 2009). This approach has been said to remind people of the political ideologies and approaches which were taken up until the 1970’s where children were taken by force from their families to missionary schools and where large portions of their lives were decided by non-indigenous government actors (Korff n.d). This is another reason why the NTER was an improper policy approach.
In order to make the NTER legal, the federal government was required to suspend the Racial Discrimination Act (1975). This led to heavy criticism from both domestic and international sources. Amnesty International has been one of those sources and have been particularly vocal about the suspension of the Act and state that even though the government claims it has been reinstated, there continues to be inadequate protection against racial discrimination and that the NTER contravenes international human rights law (2011). They also criticise successive governments on their inability to secure consent from the affected population and states that the blanket nature of the NTER is racially discriminatory. The United Nations released a number of reports which analyse and detail the NTER and they find that while the Government is correct in seeking to ensure the safety of Indigenous women and children and that the responsibility to do so is required under Australia’s human rights obligations, the NTER in its current form is in breach of Australian human rights obligations because of its racially discriminatory nature (United Nations 2010).
Positive steps
Despite this negative social policy, there are positive social policies dealing with indigenous disadvantage. These policies take on many of the recommendations of the ‘Little Children Are Sacred’ report and empower indigenous people. The Cape York Institute has implemented a wide range of innovative policies in the areas of welfare reform, education, housing, economic viability and alcohol management. The Cape York Welfare Reform Program, starting in 2006, sought a new approach which engaged directly with the community and consulted community leaders in a dialogue about social norms and payment reforms. The program works to foster social responsibility by outlining four obligations for welfare payments: school attendance, child safety from neglect and harm, nor committing drug or alcohol offences, abiding by tenancy agreements. The program also builds economic viability by promoting individual engagement in the economy. This is likely to take the form of providing full time support service jobs, and support for individuals looking at self-employment by offering mentoring and business support services (Cape York Institute n.d.). These programs have been so effective that almost all progression outlined in the Overcoming Indigenous Disadvantage report (2011) mention explicitly the Cape York Welfare Reform Program and the work that is being done.
Empowerment Theory lays out a broad view of influencing collective and individual behaviour through the use of active participation in order to shape the socioenvironmental situation (Speer, Jackson & Peterson 2001). The tools being used by the Cape York Institute are effective because they work directly with community members and leaders, in line with Empowerment Theory, to develop the policies rather than enforcing them onto the community. The policies do not necessarily force people to be compliant but rather offer a wide and strong support networks for those who do wish to take control of their lives. Most importantly, the policy developers recognise that indigenous people are capable of making responsible decisions about their futures and they empower them to make such choices without force. This project finds that key to effective social policy is a community-centred approach which aims at empowering locals by giving them choices for their future rather than enforcing decided futures on them.
To conclude, the Northern Territory Emergency Response was a social policy that was rolled out in 2007 which aimed at protecting children, building safer communities, and providing futures for indigenous people in the Northern Territory. The response implemented a large suite of policies including income management, land acquisition, health checks and alcohol bans but required the suspension of the Racial Discrimination Act to do so. The response has drawn heavy criticism from organisations such as the United Nations and Amnesty International for the lack of consultation with indigenous people and racially discriminatory practices. Indigenous people who have been affected by the policy are vocal about the issue and see it as a reminder of past discriminatory policies which took forcibly took children to missionary schools. The key failure of the NTER was that it did not take into account enough of the recommendations from the ‘Little Children are Sacred’ report but there have been other initiatives such as the Cape York Welfare Reform programs which have taken fair healthier approaches by engaging with the community and allowing indigenous people to make choices for their future. Effective consultation and empowerment is key to a social policy of this nature and should have been a larger focus in the NTER rather than enforcing the current policies.
References
Amnesty International 2011, ‘The Northern Territory Intervention – where to now?’, viewed 13/10/2011, http://www.amnesty.org.au/news/comments/26031/
Arnstein, S 1969, ‘A Ladder of Citizen Participation’, Journal of the American Institute of Planners, Vol. 35, No. 4, pp. 216 – 224, viewed 11/10/2011, http://lithgow-schmidt.dk/sherry-arnstein/ladder-of-citizen-participation.pdf
Cape York Institute, n.d., Welfare Reform, viewed 12/10/2011, http://www.cyi.org.au/welfarereform.aspx
Department of Families, Housing, Community Services and Indigenous Affairs 2009a, \ About the Northern Territory Emergency Response, viewed 5/10/2011, http://www.facs.gov.au/sa/indigenous/progserv/ntresponse/about_response/overview/Pages/about_nter.aspx
Department of Families, Housing, Community Services and Indigenous Affairs 2009b, Northern Territory Emergency Response: About the Response, viewed 5/10/2011, http://www.facs.gov.au/sa/indigenous/progserv/ntresponse/Pages/default.aspx
Department of Families, Housing, Community Services and Indigenous Affairs 2009c, Future Directions for the Northern Territory Emergency Response, viewed 11/10/2011, http://www.facs.gov.au/sa/indigenous/pubs/nter_reports/future_directions_discussion_paper/Pages/default.aspx
Department of Families, Housing, Community Services and Indigenous Affairs 2008, Monitoring Report, viewed 11/10/2011, http://www.fahcsia.gov.au/sa/indigenous/pubs/nter_reports/documents/monitoring_report/monitoring_report_part1.pdf
Jupp, J 2002, From White Australia to Woomera: The Story of Australian immigration, Cambridge University Press, Cambridge, United Kingdom.
Korff, J n.d., Northern Territory Emergency Response (NTER)-“The Intervention”, viewed 12/10/2011, http://www.creativespirits.info/aboriginalculture/politics/northern-territory-intervention.html
Kunoth-Monks, R, Gondarra, D, Nelson, H, Ungunmerr-Baumann, M, Mununggriritij, D, Gurruwiwi, D & Pascoe, G 2011, To The People Of Australia, viewed 12/10/2011, http://www.creativespirits.info/downloads/Elders-statement-against-nt-intervention-07-02-2011.pdf
McClelland, A 2006, ‘Values, Concepts and Social Policy Design’, in McClelland A and Smyth P (eds), Social Policy in Australia: Understanding for Action, Oxford University Press, Victoria, Australia.
Northern Territory Government 2007, Ampe Akelyernemane Meke Mekarle: “Little Children are Sacred”, viewed 5/10/2011, http://www.inquirysaac.nt.gov.au/pdf/bipacsa_final_report.pdf
Nicholson, A, Behrendt, L, Vivian, A, Watson, N & Harris, M 2009, Will They Be Heard, viewed 12/10/2011, http://www.concernedaustralians.com.au/media/Will-they-be-heard-report.pdf
NTER Review 2008a, Northern Territory Emergency Response Review, viewed 11/10/2011, http://www.nterreview.gov.au/index.htm
NTER Review 2008b, Northern Territory Emergency Response Review, viewed 11/10/2011, http://www.nterreview.gov.au/docs/report_nter_review/ch2.htm
Productivity Commission 2011, Overcoming Indigenous Disadvantage: Key Indicators 2011, viewed 11/10/2011, http://www.pc.gov.au/__data/assets/pdf_file/0010/111610/key-indicators-2011-overview-booklet.pdf
Speer, P, Jackson, C, Peterson, N 2001, ‘The Relationship between Social Cohesion and Empowerment: Support and New Implications for Theory’, in Journal of Health, Education and Behaviour, vol. 28, no. 6, pp. 716 – 732.
United Nations 2011, ‘Observations on the Northern Territory Emergency Response in Australia’, viewed 13/10/2011, http://www.un.org.au/files/files/United%20Nations%20Special%20Rapporteur%20-%20Feb%202010.pdf
Grade Awarded: Credit (26/35)
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