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Social Justice Report 2006: Information Sheet 1: What makes good Indigenous policy?

Social Justice Report 2006

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  • Information Sheet 1:
    What makes good Indigenous policy?

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    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.