A/HRC/36/46/Add.2
Aboriginal and Torres Strait Islander people. 19 The Programme imposes an inflexible
digitalized regime on recipients that issues penalty notices and docks their pay for missed
scheduled work. Under the Programme, contracted organizations that provide employment
have fewer opportunities to tailor engagement strategies to local communities or to
particular individuals. The rate at which jobseekers within the Programme are penalized is
around 27 times that of mainstream, predominantly non-indigenous, jobseekers. In practice,
these requirements are discriminatory, being substantially more onerous than those that
apply to predominantly non-indigenous jobseekers.
59.
Housing remains in short supply in many indigenous communities, and low levels of
income have forced people into overcrowded or dilapidated housing. While in Darwin, the
Special Rapporteur visited Aboriginal town camps and was appalled by the dismal
conditions therein, in particular the lack of basic sanitation services. The helplessness and
shame that many feel when they are unable to find work results in the entrenchment of
poverty and money being spent on illicit substances as opposed to basic needs. The high
rates of homelessness, overcrowding and poor housing have a high impact on Aboriginal
and Torres Strat Islander health indicators and fuel the disproportionately high rates of
Aboriginal children entering the child protection and youth detention systems.
K.
Compulsory income management
60.
The application of a compulsory income management scheme was a key feature of
the “Northern Territory Intervention” and persist through its successor, the “Stronger
Futures” legislation. The vast majority of those affected by the measures are Aboriginal and
Torres Strait Islanders. In 2009, the previous Special Rapporteur criticized the impact that
the Intervention had had, and specifically the suspension by the Government of the Racial
Discrimination Act, which had removed legal protections for Aboriginal peoples in the
Northern Territory.
61.
While the Racial Discrimination Act was reinstated in December 2010 and
legislation was revised and renamed “Stronger Futures” in 2012, it continues to apply
punitive measures. During her visit to the Northern Territory, Aboriginal communities told
the Special Rapporteur of how they feel stigmatized by being subjected to compulsory
income management, forced participation in “work for the dole” schemes (that pay
individuals far less than an average reward rate) and the application of fines and welfare
reductions for parents whose children play truant from school. As part of the compulsory
income management scheme, welfare payments are partially quarantined and provided
through a “BasicsCard”, which restricts people’s purchases to specific stores and items. The
Special Rapporteur was told by users of the card that it causes humiliation, for example as
certain shops require them to queue separately.
62.
The administrative costs of running the scheme are very high, and the Special
Rapporteur was informed that this has drained financial resources that could have been
better invested in improving housing conditions.
63.
The Parliamentary Joint Committee on Human Rights, in its 2016 review of the
“Stronger Futures” measures, described the scheme as an “intrusive measure that robs
individuals of their autonomy and dignity and involves a significant interference into a
person’s private and family life”.20
64.
In a parallel development, the Special Rapporteur notes that voluntary income
management is being trialled in two “empowered communities” following specific requests
from the community. Unlike under the compulsory income management scheme in the
Northern Territory, local indigenous communities have participated actively in this policy
design. The impact of voluntary income management has yet to be fully assessed.
19
20
See www.dpmc.gov.au/indigenous-affairs/employment/community-development-programme-cdp.
See http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/
Committee_Inquiries/strongerfutures2/Final_report.
11