A/HRC/15/37/Add.4
58.
Another example of this trend of undermining indigenous decision-making and
governance structures is found in the Government leasing scheme, as well as the 2006
amendments to the Aboriginal Land Rights Act, discussed in paragraphs 22 and 44, which
also remove management and oversight authority from indigenous leadership structures.
The Government has stated that, in the past, traditional owners of indigenous land were
rarely consulted in investment and administrative decisions, and that the Government
leasing system is intended to address this failure by defining responsibilities and standards
for housing maintenance, in consultation with traditional landowners and others. The
Special Rapporteur acknowledges that this is a worthy objective, but believes that this
objective is achievable without restricting the rights of the indigenous communities to
decision-making about land tenure through a scheme by which they are pressed to lease
their land to the Government for a minimum 40-year period.
59.
The Special Rapporteur notes that replacing or undermining indigenous decisionmaking structures feeds into a mistaken conception of indigenous peoples as responsible for
their present disadvantaged state and unable to change. At the same time, the Special
Rapporteur echoes the statements he heard from indigenous leaders about the need for
indigenous peoples themselves to continue to strengthen their own organizational and local
governance capacity, in order to meet the challenges faced by their communities and, in this
connection, notes the importance of restoring or building strong and healthy relationships
within families and communities.
2.
Participation in the design, delivery and oversight of programmes
60.
Also required is that Aboriginal and Torres Strait Islander peoples participate
effectively in the design, delivery, and oversight of development programmes on an
ongoing basis. As affirmed by the Declaration, “indigenous peoples have the right to
determine and develop priorities and strategies for exercising their right to development. In
particular, indigenous peoples have the right to be actively involved in developing and
determining health, housing and other economic and social programmes affecting them and,
as far as possible, to administer such programmes through their own institutions” (art. 23).
61.
Clearly, an important overarching aspect of the Closing the Gap campaign is the
Government’s expressed commitment to redefine its relationship with indigenous peoples
through close collaboration and partnership within a context of mutual respect and
understanding. However, despite this, it is hard to ignore the fact that indigenous peoples
have not been included as a party to any of the national inter-governmental partnership
agreements developed under the Closing the Gap initiative and no national consultations
took place in relation to the development of these agreements. However, the Government
notes that certain partnership provisions, specifically under the Remote Service Delivery
National Partnership Agreement, discussed in paragraph 67, are designed to boost
indigenous engagement and participation in programme activities.
3.
The need to support and build on indigenous-controlled initiatives
62.
Developing programmes that are effective and culturally-appropriate requires
innovation and flexibility, and is not free from challenges of all kinds. As a preliminary
matter, it requires consultation with the affected indigenous groups about community needs
and programme design, as well as openness to varied models. In particular, it is essential to
provide continued support to programmes, especially those designed by indigenous people
themselves that have already demonstrated achievements. The Special Rapporteur observed
numerous successful indigenous-controlled programmes already in place to address issues
of alcoholism, domestic violence, health, education and other areas of concern, in ways that
are culturally appropriate and adapted to local needs.
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