News Article

LCA Says NT Intervention Measures Need Re-think

Published: 29-Oct-09

The Law Council says that to fully restore human rights for Aboriginal people in the Northern Territory (NT), the Federal Government must re-design key measures in partnership with affected communities.

The statement was made earlier this month as the Government prepares to introduce legislation to bring the Northern Territory Intervention into conformity with the Racial Discrimination Act (RDA).

“We support the Federal Government’s proposal to lift the suspension of the RDA in the Northern Territory,” Law Council President John Corcoran said.

“However, there is significant risk that Australia will continue to breach its human rights obligations unless substantial changes are made to the Intervention’s key measures.”

The NT Intervention has been declared contrary to Australia’s international treaty obligations by the UN Human Rights Committee, the UN Race Discrimination Committee, the Australian Human Rights Commission, the UN Special Rapporteur on Indigenous Human Rights and the Government’s independent 12-month review into the NT Intervention.

The Law Council also rejected the notion that the NT Intervention is comprised of “special measures”, within the meaning of the term in international law, citing lack of evidence that they are supported by the majority of those affected.

Mr Corcoran said measures such as compulsory income management, bans on judicial consideration of customary law in bail, and sentencing and restrictions on alcohol are highly discriminatory.

“It is clear many affected communities do not support the measures and there are doubts as to whether they are improving the lives of Aboriginal men, women and children,” he said.

“All of these measures must be re-visited in partnership and consultation with affected Aboriginal communities. The public must have confidence that discrimination under the Intervention will end.”