Australian Government: Stop "Stronger Futures" and support Aboriginal self-determination in the NT

Prime Minister Julia Gillard;
Hon Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs;
Hon Tony Abbott, Leader of the Opposition;
Senator Nigel Scullion, Shadow Indigenous Affairs Minister;
Senator Bob Brown, Leader of the Greens;
Hon Nicola Roxon MP, Attorney General;
and Senators Adams, Boyce, Brown, Cameron, Crossin, Di Natale, Faulkner, Furner, Hanson-Young, Ludlam, McKenzie, Milne, Moore, Siewert, and Xenophon
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We urge the Parliament of Australia not to pass the Stronger Futures legislation, and conjoined Social Security Legislation Amendment Bill 2011.

We are opposed to the legislation because it extends many of the provisions of the Northern Territory Emergency Response Act 2007 (NTER) and consolidates the top down, punitive approach that is already adversely impacting on the legal and human rights of Indigenous Australians.

We sincerely believe that informed and sustained dialogue with Indigenous communities is required on the issue.

We are deeply concerned that the legislation undermines legal rights across a range of areas of law, including administrative law; constitutional law; consumer law; criminal law; discrimination law; privacy law; property law and welfare rights.

We also believe that the policy underlying the legislation is in violation of fundamental principles of international law, such as the right to self-determination.

The policy also reflects the assimilationist and paternalistic views of government towards Aboriginal people from the 1890s to 1960s. Furthermore, the legislation seeks to deal with complex social and economic disadvantage through government regulation and the undermining of individual freedom.

Communities have not given their free, prior and informed consent to the measures proposed within the legislation. Although consultations were held with communities, these were not transcribed, and the consultations were not conducted in accordance with basic social science methodology.

Elders and community representatives have expressed that they are opposed to the legislation, which will further disempower their communities and entrench trauma and poverty.

We draw attention to comments made by Northern Territory elders about the legislation:
‘We do not consent to these bills. We will not support policies that have not been negotiated, or negotiated with all elders of prescribed communities, and we will not support an extension of the Intervention, or Intervention under other names.’ Taken from Statement by NT elders and community representatives, Melbourne, 4 Nov 2011

We thank you for your understanding and commitment to achieving lasting positive change for Aboriginal people in the Northern Territory.
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Sincerely,