11

AIATSIS Seminar Series

Building a sustainable

National Indigenous Representative Body

Presentation by

Commissioner Tom CalmaAboriginal and Torres Strait Islander

Social Justice Commissioner and

Race Discrimination Commissioner

Human Rights and Equal Opportunity Commission

Monday 4th August 2008

22

A National Indigenous Representative A National Indigenous Representative Body is an essential component of the Body is an essential component of the Indigenous policy landscape if we are to Indigenous policy landscape if we are to make lasting progress in improving the make lasting progress in improving the conditions of Indigenous people and our conditions of Indigenous people and our communitiescommunities..

The Aboriginal and Torres Strait Islander Social Justice Commissioner recognises the diversity of the cultures, languages, kinship structures and ways of life of Aboriginal and Torres Strait Islander peoples. There is not one cultural model that fits all Aboriginal and Torres Strait Islander peoples.

The use of the term ‘Indigenous’ has evolved through international law. It acknowledges a particular relationship of Aboriginal people to the territory from which they originate.

‘Indigenous people/s’ refers to Aboriginal and Torres Strait Islander people/s

33

““The Government went to the The Government went to the election with a commitment to set election with a commitment to set up a national representative body up a national representative body to provide an Aboriginal and to provide an Aboriginal and Torres Strait Islander voice within Torres Strait Islander voice within government. We will soon begin government. We will soon begin formal discussions with Indigenous formal discussions with Indigenous people about the role, status and people about the role, status and composition of this body.”composition of this body.”

Minister for Indigenous Affairs, Minister for Indigenous Affairs, Indigenous Affairs budget portfolio statement, Indigenous Affairs budget portfolio statement,

May 2008May 2008

44

The Barunga Statement, The Barunga Statement, June 1988 (extracts from)June 1988 (extracts from)

We, the indigenous owners We, the indigenous owners and occupiers of Australia, and occupiers of Australia, call on the Australian call on the Australian Government to recognise Government to recognise our rights:our rights:

To self-determination and self-To self-determination and self-management, including the management, including the freedom to pursue our own freedom to pursue our own economic, social, religious and economic, social, religious and cultural development ….....cultural development ….....

……………………………………………………………………………………………………………………………………………………………………………………....

We call on the We call on the Commonwealth to pass Commonwealth to pass laws providing:laws providing:

A national elected Aboriginal A national elected Aboriginal and Islander organisation to and Islander organisation to oversee Aboriginal and oversee Aboriginal and Islander affairs;Islander affairs; …….. ……..

55

Follow Up Action by Follow Up Action by Social Justice Social Justice CommissionerCommissioner

The Social Justice The Social Justice Commissioner will work with Commissioner will work with Indigenous organisations and Indigenous organisations and communities to identify communities to identify sustainable options for sustainable options for establishing a national establishing a national Indigenous representative Indigenous representative body. body.

The Commissioner will The Commissioner will conduct research …… to conduct research …… to establish existing models for establish existing models for representative structures representative structures that might be able to be that might be able to be adapted to ….. the adapted to ….. the establishment of such a body establishment of such a body given the urgent and given the urgent and compelling need for such a compelling need for such a representativerepresentative body.body.

66

There is There is widespread consensus on widespread consensus on the need forthe need for such a body such a body

But there is considerable divergence But there is considerable divergence on the question - on the question - what kind of body what kind of body should this be? should this be?

Research contribution byResearch contribution by the the National Centre for Indigenous Studies National Centre for Indigenous Studies at the Australian National University.at the Australian National University.

77

HREOC Issues PaperHREOC Issues Paper What are the lessons learnedWhat are the lessons learned from other from other

Indigenous representative mechanisms that Indigenous representative mechanisms that currently exist, or have previously existed, currently exist, or have previously existed, in Australia and overseas. in Australia and overseas.

Series of issues to considerSeries of issues to consider in in establishing a new National Indigenous establishing a new National Indigenous Representative, such as:Representative, such as:– the guiding principles the guiding principles – role and functionsrole and functions– structure and membershipstructure and membership– relationship with governments and parliaments, relationship with governments and parliaments,

andand– fundingfunding

88

HREOC Issues PaperHREOC Issues Paper

The Issues Paper: The Issues Paper:

– DoesDoes notnot substitute for broad-based substitute for broad-based consultation with Indigenous communitiesconsultation with Indigenous communities

– Does notDoes not state a preference for a state a preference for a

particular model for a representative body particular model for a representative body

– Merely Merely identifies someidentifies some of the issues that of the issues that need to be consideredneed to be considered in the in the formulation of a new representative body. formulation of a new representative body.

99

HREOC Issues PaperHREOC Issues Paper Dealing with the pastDealing with the past

– A new body should not be about reviving ATSIC. A new body should not be about reviving ATSIC.

Dealing with the futureDealing with the future - - operating in a operating in a vastly changed environment:vastly changed environment:

– concrete commitmentsconcrete commitments from government to closing the from government to closing the gap, with gap, with a partnership approacha partnership approach

– a whole of government system for delivering services to a whole of government system for delivering services to Indigenous people where the Indigenous people where the primary responsibility primary responsibility resides with mainstream government departmentsresides with mainstream government departments; and; and

– significant significant environmental challengesenvironmental challenges facing all Australians, facing all Australians, and where the traditional knowledge, practices and land use and where the traditional knowledge, practices and land use of Indigenous peoples will have a significant role to play of Indigenous peoples will have a significant role to play

– rapid advances internationally in the rapid advances internationally in the recognition of the recognition of the rights of Indigenous peoples. rights of Indigenous peoples.

1010

What are the Lessons Learnt?What are the Lessons Learnt?

Looked at Looked at past national Indigenous past national Indigenous representative bodiesrepresentative bodies in Australia in Australia including: including:

– the Federal Council for the Advancement of the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (Aborigines and Torres Strait Islanders (FCATSIAFCATSIA),),

– the National Aboriginal Consultative Committee the National Aboriginal Consultative Committee ((NACCNACC), ),

– the National Aboriginal Conference (the National Aboriginal Conference (NACNAC) and ) and

– the Aboriginal and Torres Strait Islander the Aboriginal and Torres Strait Islander Commission (Commission (ATSICATSIC).).

1111

Reasons why these bodies Reasons why these bodies did not work as did not work as effectively aseffectively as they intendedthey intended, including:, including:

– not having clearly defined relationshipsnot having clearly defined relationships with with governments, Indigenous communities and organisations, governments, Indigenous communities and organisations, and other stakeholdersand other stakeholders

– not havingnot having clear roles and functionsclear roles and functions

– having having too many functionstoo many functions with conflicting responsibilities with conflicting responsibilities

– a lack of resourcesa lack of resources

– difficulty in successfully representingdifficulty in successfully representing a wide diversity of a wide diversity of Indigenous concerns – from urban to remote communities; Indigenous concerns – from urban to remote communities; women, young people, Stolen Generation members etc women, young people, Stolen Generation members etc

– a tension between the expectationsa tension between the expectations of Indigenous of Indigenous Australians for a strong organisation to represent their views Australians for a strong organisation to represent their views and the preference of governments for them to act only as and the preference of governments for them to act only as ‘advisory’ bodies. ‘advisory’ bodies.

What are the Lessons Learnt?What are the Lessons Learnt?

1212

What are the Lessons Learnt?What are the Lessons Learnt?

Looked at a range of national, state/ Looked at a range of national, state/ territory and regional Indigenous territory and regional Indigenous representative bodies currently operating in representative bodies currently operating in Australia including:Australia including:

– National peak Indigenous bodiesNational peak Indigenous bodies– Land Councils and Native Title Representative Land Councils and Native Title Representative

BodiesBodies– State/ territory representative and advisory State/ territory representative and advisory

bodies, and thebodies, and the– Torres Strait Authority.Torres Strait Authority.

1313

What are the Lessons Learnt?What are the Lessons Learnt?

None of these bodies, nor the combination None of these bodies, nor the combination of them, can adequately provide the of them, can adequately provide the comprehensive representation that would comprehensive representation that would be met by a National Indigenous be met by a National Indigenous Representative Body. Representative Body.

But a new National Indigenous But a new National Indigenous Representative Body will need to consider Representative Body will need to consider how it relates to each of these existing how it relates to each of these existing bodiesbodies. .

– e.g. how to interface with the Torres Strait e.g. how to interface with the Torres Strait Regional Authority, and how to separately Regional Authority, and how to separately include the representation of mainland Torres include the representation of mainland Torres Strait Islanders in the national body. Strait Islanders in the national body.

1414

What are the Lessons Learnt?What are the Lessons Learnt? Looked at indigenous representation in Looked at indigenous representation in

four other countries: four other countries:

– United States:United States: National Congress of American National Congress of American IndiansIndians

– Canada:Canada: Assembly of First Nations Assembly of First Nations– Sweden:Sweden: Sami Parliament Sami Parliament– New Zealand:New Zealand: M Māāori electorates and ori electorates and

dedicated government agenciesdedicated government agencies

These overseas models operate in These overseas models operate in different contexts and demonstrate different contexts and demonstrate different strengths and weaknesses on different strengths and weaknesses on issues such as issues such as self-governance and the self-governance and the influence they haveinfluence they have with government. with government.

1515

What are the Key Issues?What are the Key Issues?

What should be What should be thethe guiding principlesguiding principles for such a body?for such a body?

What What roles and functionsroles and functions should it should it have? have?

What What kind of structurekind of structure will it need? will it need? How is How is membershipmembership determined? determined? What What relationshiprelationship should it have should it have with with

governments and parliamentsgovernments and parliaments at the at the federal and state/ territory level? andfederal and state/ territory level? and

How should How should it be fundedit be funded??

1616

What are the Key Issues?What are the Key Issues? Foundational principles could include:Foundational principles could include:

– legitimacy and credibilitylegitimacy and credibility with both governments with both governments and Indigenous peoplesand Indigenous peoples

– ‘‘two-way’ accountabilitytwo-way’ accountability - to government and to - to government and to Indigenous peoples and communitiesIndigenous peoples and communities

– transparency transparency - in its operations, membership, - in its operations, membership, elections, policy making and financial processeselections, policy making and financial processes

– truly representativetruly representative of the diverse range of of the diverse range of Indigenous peoplesIndigenous peoples

– consistent and ‘connected’ structureconsistent and ‘connected’ structure – with – with clear links to Indigenous peak bodies and clear links to Indigenous peak bodies and Indigenous organisations at the state, territory and Indigenous organisations at the state, territory and regional levelsregional levels

– independentindependent and robustand robust advocacy and analysis. advocacy and analysis.

1717

What are the Key Issues?What are the Key Issues?

Possible role and functions: Possible role and functions:

– delivery of government programsdelivery of government programs,,– advocacyadvocacy– policy formulationpolicy formulation and and critiquecritique– contributing to contributing to legal reformlegal reform– review review andand evaluation evaluation of government of government

programsprograms– being a being a clearing houseclearing house– researchresearch– facilitation and mediationfacilitation and mediation– contributing at the contributing at the internationalinternational level level

1818

What are the Key Issues?What are the Key Issues? Structure and representationStructure and representation::

– how will the national leadership keep connectedhow will the national leadership keep connected with the with the broad base of Indigenous people and communities at the local broad base of Indigenous people and communities at the local and regional level through to the state/ territory and national and regional level through to the state/ territory and national level?level?

– what should the structurewhat should the structure of the national body of the national body look like?look like?

Representing Indigenous people and Representing Indigenous people and communities:communities:

– formal mechanisms,formal mechanisms, where the national body draws its where the national body draws its members from national, state/ territory or regional members from national, state/ territory or regional representative bodiesrepresentative bodies

– a range of a range of approaches that engageapproaches that engage different sectors of the different sectors of the Indigenous community Indigenous community

– informal processesinformal processes where Indigenous peoples can have their where Indigenous peoples can have their say, for example at a national congress or forums that bring say, for example at a national congress or forums that bring people together around specific issues.people together around specific issues.

1919

What are the Key Issues?What are the Key Issues? Ways for constituting could include:Ways for constituting could include:

– delegates who are nominateddelegates who are nominated by regional and state/ by regional and state/ territory levels of the body or by direct electionterritory levels of the body or by direct election

– a membership-based organisation,a membership-based organisation, made up of made up of communities, organisations or individuals who choose to joincommunities, organisations or individuals who choose to join

– involving Indigenous peak bodies,involving Indigenous peak bodies, regional or state/ regional or state/ territory based Indigenous bodies or Indigenous service territory based Indigenous bodies or Indigenous service delivery organisations in its activities and decision-makingdelivery organisations in its activities and decision-making

– designated positionsdesignated positions be allocated to the national body, or be allocated to the national body, or specific working groups, to represent particular sectors of the specific working groups, to represent particular sectors of the Indigenous community, such as women, Stolen Generation Indigenous community, such as women, Stolen Generation members, traditional owners, young people or Torres Strait members, traditional owners, young people or Torres Strait IslandersIslanders

– a process of merit selectiona process of merit selection coordinated by a panel of coordinated by a panel of eminent Indigenous peerseminent Indigenous peers

– a combinationa combination of these approaches. of these approaches.

2020

What are the Key Issues?What are the Key Issues?

Relationship with federal Relationship with federal government and Parliamentgovernment and Parliament

– Commonwealth Government entityCommonwealth Government entity (i.e. statutory authority), or (i.e. statutory authority), or

– non-government organisationnon-government organisation

– Need to Need to build and maintainbuild and maintain a closer a closer relationship with governmentrelationship with government for for effective policy advice and review of effective policy advice and review of government performance.government performance.

2121

What are the Key Issues?What are the Key Issues?

Funding:Funding:

– government fundedgovernment funded

– private donations,private donations, membership fees membership fees and/ or selling products and services, and/ or selling products and services,

– ‘‘Indigenous Future Fund’.Indigenous Future Fund’.

2222

HREOC Issues PaperHREOC Issues Paper and Community Guideand Community Guide

Issues Paper is a resourceIssues Paper is a resource for both for both Government and Indigenous people to Government and Indigenous people to use in the consideration of these use in the consideration of these issues.issues.

The The key questionskey questions identified in the identified in the

Paper, and Community Guide, can Paper, and Community Guide, can provide a useful foundation for provide a useful foundation for discussions on the issue.discussions on the issue.

2323

Commonwealth ConsultationsCommonwealth Consultations

A six month processA six month process includes: includes:

– 17 regional consultations17 regional consultations between 29 July and 1 between 29 July and 1 September 2008. September 2008.

– A comprehensive mail outA comprehensive mail out to Indigenous organisations. to Indigenous organisations.

– Written submissions by 19 September 2008Written submissions by 19 September 2008. .

– A national roundtable A national roundtable of Indigenous leaders in late October of Indigenous leaders in late October 2008.2008.

– Community workshops/ consultationsCommunity workshops/ consultations facilitated by the facilitated by the

network of 30 Indigenous Coordination Centres and possibly network of 30 Indigenous Coordination Centres and possibly by Government Business Managers in the NT. by Government Business Managers in the NT.

– Consultations with peak Indigenous organisationsConsultations with peak Indigenous organisations and and State and Territory Governments. State and Territory Governments.

– Further testing and refiningFurther testing and refining of a proposed model. of a proposed model.

2424

For further informationFor further information

Copies of the HREOC Issues Paper and Copies of the HREOC Issues Paper and Community Guide available at: Community Guide available at:

www.humanrights.gov.au/social_justice/repbody/index.htmlwww.humanrights.gov.au/social_justice/repbody/index.html

More information on the government More information on the government consultations process available at the FaHCSIA consultations process available at the FaHCSIA websitewebsite

www.fahcsia.gov.au/internet/facsinternet.nsf/www.fahcsia.gov.au/internet/facsinternet.nsf/indigenous/repbody.htmindigenous/repbody.htm