A/HRC/15/37/Add.4
communities of the Northern Territory regarding the terms of the NTER and any
similar programmes affecting these communities. This could lead to arrangements
that, pursuant to such agreements, vary from one community to another for measures
such as income management, alcohol regulation, and delivery of services.
VI. Comments of the Government on the Special Rapporteur’s
observations
42.
The Special Rapporteur submitted the foregoing observations to the Government by
a note of 2 December 2009, and on 16 February 2010, the Special Rapporteur received
from the Government its comments on the observations. These comments are summarized
here.
43.
In its comments, the Government explains that the NTER should be considered
within its larger policy on indigenous affairs, which includes a package of initiatives to
“close the gap” between indigenous and non-indigenous living standards in Australia. The
Government acknowledges that “the suspension of the [Racial Discrimination Act],
combined with a lack of consultation at the outset of the NTER, left Aboriginal people
feeling hurt, betrayed and less worthy than other Australians”. The Government states that
its actions were not intended to promote a perception that Aboriginal people are to be
blamed for the circumstances which they currently face, and that it recognizes the need for
indigenous and non-indigenous Australians to work together in trust and good faith to
advance human rights and close the gap in “real life outcomes”. The Government further
affirms that in order for NTER measures to be effective it is essential that they be
implemented in consultation with indigenous persons.
44.
In this regard, the Government refers to its consultations with indigenous people
about the future direction of the NTER, and it provides the Special Rapporteur with a
summary of the consultation process and its proposed reforms of the NTER which it
describes as resulting from the consultations. Overall, according to the Government, it has
accepted and acted on the overarching recommendations of the independent NTER Review
Board (see para. 30, supra), including introducing legislation to reinstate the Racial
Discrimination Act in relation to the NTER and to make necessary changes to the NTER
measures.
The consultation process
45.
The Government reports that the consultations between June and August 2009
involved all 73 communities in which the NTER is in place, as well as several other
Northern Territory indigenous communities and town camps. The consultations are
described as having been designed and delivered so as not only to engage with indigenous
people through their own community and regional leadership structures, but also to access
other groups that the Government considered more likely to provide feedback through
smaller and more informal settings. The Government especially notes the role of
interpreters in the consultations in order to reach indigenous individuals for whom English
is not their first language, and also notes the efforts it made to reach as many people as
possible and adapt the consultations to the particular conditions of the communities,
including remote communities. The Government describes the four-tiered approach it
developed and employed, which involved consultations with individuals and families (tier
1); whole-of-community meetings (tier 2); workshops in NTER communities (tier 3); and
workshops with major stakeholder organizations (tier 4).
46.
The Government’s Discussion Paper (referenced in para. 31, supra), it says, was a
starting point for consultations, but other views, ideas and proposals were put forward and
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