Social Justice Report 2006

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.