Social Justice Report 2006: Information Sheet 1: What makes good Indigenous policy?
Social Justice Report 2006
Information Sheet 1:
What makes good Indigenous policy?
There is an urgent need for sound policy in
Indigenous affairs. Chapter 1 of the Social Justice Report 2006 considers what some of the key elements of good Indigenous policy making are.
The key elements of good
Indigenous policy include:
- A commitment to human
rights
Human rights principles provide an enabling framework
for active engagement and participation of all citizens, especially vulnerable
groups such as Indigenous peoples. Australia’s human rights obligations
include:
- proactive measures to prevent violations from occurring
in the first place; - an accountability framework that assists government to
target resources to areas of greatest need; - processes for ensuring the effective participation and
real engagement with the people whose lives will be affected by government
policies; and - measures to respond and address violations of rights
whenever they occur.
The
‘compliance mentality’ that currently permeates Indigenous policy
making processes in Australia does not address this full gamut of issues. It is
an increasingly punitive framework that cherry picks issues and neglects
important characteristics for sound policy.
There is also a need to adopt a multi-pronged approach
to ensure compliance with human rights at the community level. On the one hand,
there should not be tolerance for breaches of rights such as family violence and
non-attendance at school. But on the other hand, governments need to work with
Indigenous communities to increase their capacity to address these issues. This
is not an either/or choice. There is a vital need for education about human
rights and related responsibilities.
- Engagement and participation of Indigenous peoples
in policy making
Ensuring the engagement and participation of Indigenous
peoples in policy making and decision-making processes that directly relate to
our interests is central to a human rights-based approach to development. This
includes:
- Ensuring that transparent and accountable frameworks
exist for engaging, consulting and negotiating with Indigenous
peoples; - Mutually agreed benchmarks are set that are time bound,
specific and verifiable, with indicators to track progress over time;
and - Participation is based on the principle of free, prior
and informed consent so that decision making is based on information that is
accurate, accessible and in a language that Indigenous peoples can
understand.
At present, these factors are not present in policy
making and service delivery processes of the federal Government.
- A capacity building and community development
approach
Capacity building in
Indigenous communities is essential to facilitate the equal and meaningful
participation of Indigenous peoples in programs and projects that affect them.
Governments and the private sector have a role in assisting Indigenous
communities in this regard.
Capacity building is not a one sided process focused on
the needs of Indigenous communities – it also requires a focus on the
capacity of government to engage. There is also a challenge to build into policy
a longer term vision for the well-being of Indigenous communities. Community
development principles are vital here, with recognition that it is a long-term
process requiring consistency of effort.
- Supporting sound Indigenous governance
Supporting good governance in Indigenous communities is
paramount to good policy development and in generating sustained economic
development. Indigenous cultures vary considerably across Australia, and as a
result there is a diversity of governance frameworks that need to be respected,
rather than subjected to a ‘one size fits all’ approach.
- Fostering and recognising
leadership
Leadership on the part of governments and the private
sector is essential in driving the legal and policy changes, but is also equally
important to cultivate and support leaders within Indigenous communities who
will be affected by the implementation of policies.
Developing an appreciation of the overlapping networks
of leadership and authority in Indigenous families and communities is critical
to the successful implementation of policy. Given the young demographic profile
of Indigenous communities across Australia, there is also a clear need for
coordinated program funding for leadership development, mentoring and
succession-planning to foster the next generation of Indigenous
leaders.
- A learning framework/planning for
implementation
Sharing information and experience within and across
government agencies is critical. Learning from the policy implementation
experience should occur on an ongoing basis – not just at the end of the
process.
The report expresses concern that current federal policy
development is not sufficiently evidence based, lacks Indigenous input and is
not responding to lessons where they have been learnt.
- Needs-based funding and planning
processes
Current programs are not funded to a level that can
overcome Indigenous disadvantage. Programs are funded to address the ongoing and
growing consequences of inequality, not to tackle the root causes of inequality.
This is a matter of great concern as the demographic
profile of the Indigenous population suggests that there will be an increased
demand for services in the coming decades. We should be planning for this
eventuality, much as we have begun to plan for the consequences of an ageing
Australia more generally.
- Monitoring and
evaluation
Specific, time-bound and verifiable benchmarks and
indicators that would allow us to measure improvements over time are missing
from Indigenous policy frameworks in Australia. There are serious concerns about
the persistent and significant data quality issues that the government
acknowledges will take years to address.
Rigorous monitoring and evaluation processes are
required, with active engagement from Indigenous peoples.
- A culture of implementation and government
accountability
A consistent criticism of the report is the
government’s failure to implement policy commitments and their lack of
accountability for policy failures. There is a disturbing trend in public
debates and media coverage of Indigenous issues which apportions responsibility
for failed policy to Indigenous peoples.
This is despite the absence of an outcomes focus to
Indigenous policy making, accompanied by a demonstrable lack of progress on key
issues and slow progress on other issues. There is currently not a culture among
government that takes responsibility for failure to implement government
commitments.
Reflections on the current policy framework for
Indigenous affairs
There are significant problems with the federal
Government’s new arrangements in Indigenous affairs. Primarily, this is
due to an ‘implementation gap’ between the rhetoric of government
and its actual activities.
The government has consistently emphasised that
engagement with Indigenous peoples is a central requirement for the new
arrangements to work.
In practice, the new arrangements are a top down
imposition – with policy set centrally and unilaterally by government,
confirmed in bilateral processes with state and territory governments (again
without Indigenous input) and then applied to Indigenous
peoples.
The lack of effective participation of Indigenous
peoples in the new arrangements is a fundamental flaw in the federal
Government’s approach to Indigenous affairs.
What this report also reveals is a system in a constant
state of flux; with continual changes in rhetoric and ambition that are rarely
matched by action to implement the stated policy objectives.
There is a critical failing of leadership on Indigenous
issues within the public service, particularly from the central coordinating
agency for the new arrangements-the Office of Indigenous Policy Coordination
(OIPC). It is fostering a culture of control that is (perhaps unintentionally)
disempowering Indigenous communities.
Indigenous peoples are treated as problems to be solved,
rather than as active partners in creating a positive life vision for current
and future generations. The irony is that this fosters a passive system of
policy development and service delivery while at the same time criticising
Indigenous peoples for being passive recipients of government
services.
There needs to be a re-engagement with Indigenous
Australians on the basis of mutual respect and equality, with clear processes
and certainty of structures for Indigenous representation and advocacy.