The 21st of June marks the second anniversary of the Federal Government's intervention in the Northern Territory. What is it exactly and why was it introduced by the Howard government?
The Northern Territory National Emergency Response was announced by the Howard government in August 2007, as a plan for addressing child abuse in Aboriginal NT communities that had been highlighted by the "Little Children are Sacred" report in mid-June.
Key components of the intervention included seizure by the Federal Government of local community land leases for a five year period and removal of the permit system that had allowed aboriginal communities to control access to their land.
The plan drew criticism from the report's authors for not incorporating any of the report's numerous recommendations, however some aboriginal activists provided qualified support for the intervention, as it provided the first sign of the Howard government taking any significant interest in aboriginal affairs.
Operation Outreach, the intervention's main logistical operation conducted by a force of 600 soldiers and detachments from the ADF concluded on 21 October 2008.
The current Prime Minister Kevin Rudd has and continues to support the response, though he did make some adjustments to its implementation.
Key measures of the intervention
The $587 million package came into effect with the passage of the Northern Territory National Emergency Response Act 2007 by the Australian Parliament in August 2007.
The key measures were:
• Deployment of additional police to affected communities.
• New restrictions on alcohol and kava
• Pornography filters on publicly funded computers
• Compulsory acquisition of townships currently held under the title provisions of the Native Title Act 1993 through five year leases with compensation on a basis other than just terms. (The number of settlements involved remains unclear.)
• Commonwealth funding for provision of community services
• Removal of customary law and cultural practice considerations from bail applications and sentencing within criminal proceedings
• Suspension of the permit system
• Quarantining of a proportion of welfare benefits to all recipients in the designated communities and of all benefits of those who neglect their children
• The abolition of the Community Development Employment Projects (CDEP).
Criticism and praise
The measures of the response which have attracted most criticism comprise the exemption from the Racial Discrimination Act 1975, the compulsory acquisition of an unspecified number of prescribed communities and the partial abolition of the permit system.
The policy was initially insulated from criticism because of the sensitive nature of the issue and the fact that the national Parliament faces no constitutional barriers to overruling the Northern Territory government, unlike the governments of Australia's states.
But the plan was then attacked by the Northern Territory government, the Human Rights and Equal Opportunity Commission and by several Aboriginal leaders and community spokespeople.
More generally, a lack of consultation with Aboriginal community leaders is often cited by critics of the response, alongside the fact that the action addresses very few of the specific recommendations contained in the Little Children are Sacred Report, while introducing mmeasures not suggested in the report.
Some Aboriginal commentators and activists, such as Noel Pearson, have offered qualified support, criticising aspects of the response while nevertheless believing it to be necessary and worthwhile.
The Aboriginal leader Galarrwuy Yunupingu initially opposed the response, but eventually changed his position to one of support.
Suspension of the Racial Discrimination Act
The United Nations expressed concern over the suspension of the Racial Discrimination Act, writing to Prime Minister Kevin Rudd in March 2009 following a complaint made to the UN by a collective of Aboriginal communities.
In order for the Federal government to implement the Northern Territory Emergency Response, suspension of the Racial Discrimination Act 1975 was required making it legal to force communities to sign over control of Aboriginal land in 5 year leases, prohibit alcohol consumption and distribution in Aboriginal communities, control spending patterns through income management and store cards and take-over Aboriginal service-providers.
In May 2009, the Rudd government said it would introduce legislation into the Parliament in October 2009 to remove the provisions in the current intervention Acts that exclude the operation of the Racial Discrimination Act.
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