A/HRC/15/37/Add.4 Report by the Aboriginal and Torres Strait Islander Social Justice Commissioner. The Special Rapporteur understands that the NTER is currently undergoing a process of reform, and he hopes that the following observations are helpful in revising NTER measures to diminish or remove their discriminatory aspects and adequately take into account the rights of indigenous peoples to self-determination and cultural integrity, in order to bring this Government initiative in line with Australia’s international obligations. II. Background 5. In 2006 the Northern Territory government established the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, following a number of media reports on the subject. The work of the board resulted in the report, Ampe Akelyernemane Meke Mekarle – “Little Children are Sacred”, which drew national attention to the problems of child abuse in the Northern Territory and made numerous specific recommendations for addressing these issues, in relation to Government leadership; family and children’s services; health crisis intervention; police; prosecutions and victim support; bail; offender rehabilitation; prevention services; health care as prevention of abuse; family support services; education; alcohol and substance abuse; community justice; employment; housing; pornography; gambling; and cross-cultural practices. 6. Six days after the report was issued, on 21 June 2007, the Commonwealth Government announced that there would be a “national emergency intervention” into Aboriginal communities in the Northern Territory. On 17 August 2007, the Senate approved a package of legislation, which was composed of the Northern Territory National Emergency Response Act 2007 (“NTER Act”); the Social Security and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007; and the Families, Community Services and Indigenous Affairs and Other Legislation Amendment Act 2007. Reportedly, the proposed legislation was introduced by the Government in the House of Representatives on 6 August 2007, 47 days after the announcement of the Government’s emergency plan and less than 24 hours after drafts of the proposed legislation were shared with opposition parties and relevant stakeholders. No consultations with indigenous peoples in the Northern Territory were carried out prior to the adoption of the NTER. 7. While specifically oriented towards the eradication of child sexual abuse in a number of indigenous communities and town camps within the Northern Territory, the NTER in fact addresses a diverse cross section of economic and social issues that confront the Northern Territory, including: law and order; family support; welfare reform and employment; child and family health; education; housing and land reform; and coordination for service delivery. The Northern Territory Emergency Response Taskforce was instrumental in the design of the NTER, and the Department of Families, Housing, Community Services and Indigenous Affairs has been the primary government agency responsible for its implementation. 8. Since its adoption, the NTER measures have sparked widespread criticism both domestically and internationally. Concerns were brought to the attention of the Government of Australia by the previous Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Professor Rodolfo Stavenhagen. On 10 October 2007, Professor Stavenhagen sent a communication to the Government, together with the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. In the letter, the Special Rapporteurs commended the Australian Government on the national emergency response to the “critical situation” and its expressed 26 GE.10-13887