Ted Calma soldiers on for human rights and equal opportunity

HEROC Social Justice Commissioner Ted Calma is having some trouble getting the ear of government on indigenous issues.

 

This is more than unfortunate as Mr. Calma appears to be the only indigenous person left in such a formal watchdog and consultative capacity at a federal level.

 

It's all rather sad when you realise that he is mainly asking that indigenous people have returned to them the same rights and protections afforded to other citizens.                     

 

The following are just two of the fourteen recommendations covering indigenous issues including land rights, discrimination, health, community and accountability.

 

The Northern Territory 'Emergency Response' intervention – A human rights analysis

 

Recommendation 3: Provision of external merits review of administrative decision-making

 

That the Parliament should immediately repeal all provisions which deny external merits review. These provisions should be replaced with provisions which make explicit that merit review processes do apply. This includes, but is not limited to, the following provisions:

• sections 34(9), 35(11), 37(5), 47(7), 48(5) and 49(4) of the Northern Territory National Emergency Response Act 2007 (Cth) relating to determinations about Indigenous land;
• section 78 and sections 97 and 106 of the Northern Territory National Emergency Response Act 2007 (Cth) in relation to decisions by the Minister to suspend all the members of a community government council, and decisions of the Secretary of the Department of FACSIA in relation to community store licences respectively; and
• new section144(ka) of the Social Security (Administration) Act 1999 (enacted by the Social Security and other legislation amendment (Welfare Payment Reform) Act 2007 (Cth) ) in relation to the right to seek a review by the Social Security Review Tribunal of decisions that relate to income management.

Note on implementation: This action can only be achieved through amendments to the legislation.

 

Recommendation 4: Reinstatement of the Racial Discrimination Act 1975 (Cth)

 

That the Parliament immediately repeal the following provisions that exempt the NT measures from the protections of the Racial Discrimination Act 1975 (Cth):

• section 132(2), Northern Territory National Emergency Response Act 2007 (Cth);
• section 4(2), Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (Cth); and
• section 4(3),(5) and section 6(3), Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth).

Note on implementation: This action can only be achieved through amendments to the legislation.

 

The Human Rights and Equal Opportunity Commission Social Justice Report 2007 in recommendations in full.