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Little Children Are Sacred: Exploring Accountability to Australia's Aboriginal Children

What does accountability – personal, organizational and institutional – look like in the face of violence and oppression against people whose lives appear far removed from our own? The federal government of Australia has taken controversial measures within the Northern Territory, ostensibly to address the issue of sexual abuse of Aboriginal children. Aboriginal and non-Aboriginal Australians respond to the federal government and in doing so, encourage us all to examine how responses to the question, “what can I do” lie within us (personal change), outside of us (organizing and activism for social change), or in some combination thereof.

This collection explores accountability to aboriginal children in the Northern Territory of Australia through a critical analysis of government action (and inaction) - presented generally as its follow-up to recommendations in the Little Children are Sacred report of 2007 - and a review of the community-based response to the government interventions.

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In June of 2007, Australia's Prime Minister at the time, John Howard, announced "a number of major measures to deal with what we can only describe as a national emergency in relation to the abuse of children in indigenous communities in the Northern Territory" (European Network for Indigenous Australian Rights, 2007). These measures constituted the federal government's response to the Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007 , also known as Ampe Akelyernemane Meke Mekarle "Little Children Are Sacred" [PDF].

These federal interventions include:

  • Increased policing,
  • Restrictions on alcohol,
  • Medical examinations of all children under the age of 16 years,
  • Linking income support and family assistance payments to recipients' community of residence and assessment of children's school attendance and welfare, and limits on how the funds may be spent,
  • Assumption of control of townships through five-year leases, thereby shifting all control of the construction/destruction and disposition of all property to the federal government,
  • A ban on pornography, and
  • Suspension of the permit system, meaning government workers are no longer required to carry permits at all and permits are no longer required for common areas, airstrips and access roads for major communities.

Codified in the August passage of the Northern Territory National Emergency Response Act [PDF], they are described by many as discriminatory and a seizure of control of indigenous affairs in the nation's Northern Territory (Young, 2007; BBC, 2007; ABC News, 2007; International Herald Tribune, 2007; McMahon, 2007; Perry, 2007). Criticisms include:

  • the lack of indigenous people in the crafting of the governmental response, which runs counter to the first recommendation in Little Children Are Sacred, which cites, "the critical importance of governments committing to genuine consultation with Aboriginal people in designing initiatives for Aboriginal communities, whether these be in remote, regional or urban settings"(Anderson & Wild, 2007);
  • the lack of mention of children or child sexual abuse in the Act (i.e., the Act addresses very few recommendations identified in the report and authorizes intervention in areas not cited), which runs counter to, among others, the recommendation in Little Children Are Sacred that the government "must provide strong leadership on the issue of child sexual abuse, and that this be expressed publicly as a determined commitment to place children’s interests at the forefront in all policy and decision-making, particularly where a matter impacts on the physical and emotional well-being of children. Further, because of the special disadvantage to which the Aboriginal people of the Northern Territory are subject, particular regard needs to be given to the situation of Aboriginal children" (Anderson & Wild, 2007);
  • the exemption from the Racial Discrimination Act of 1975 [PDF] which specifies the right to equality before the law ("If, by reason of, or a provision of, a law of the Commonwealth or of a State or Territory, persons of a particular race, colour or national or ethnic origin do not enjoy a right that is enjoyed by persons of another race, colour, or national or ethnic orgin, or enjoy a right to a more limited extent than persons of another race, colour or national or ethnic origin, then, notwithstanding anything in that law, persons of the first-mentioned race, colour or national or ethnic origin shally, by force of this section, enjoy that right to the same extent as persons of that other race, colour or national or ethnic origin.")
  • undermining principles and limits to the federal government established as part of the legal recognition of indigenous land rights in Australia;
  • and that "removal of permits will make it easier for potential child abusers and grog [alcohol] runners to access communities and will deny Aboriginal people their right to privacy and ability to protect sacred sites" (National Aboriginal Alliance, n.d.).

Also at issue is whether or not policing and control is necessary before social issues can be addressed; Australia's "terrible" history with respect to Aboriginal peoples and how that has changed the realities and prospects for Aboriginal children, and how this history in turn creates a guilty unwillingness to intervene on behalf of these children; and perceptions of a "federal government ideologically opposed to self-determination" (National Public Radio, 2007). Little Children Are Sacred links the historical oppression of Australia’s aboriginal people and the sexual abuse of Aboriginal children: "[W]e quickly became aware – as all the inquiries before us and the experts in the field already knew – that the incidence of child sexual abuse, whether in Aboriginal or so-called mainstream communities, is often directly related to other breakdowns in society. Put simply, the cumulative effects of poor health, alcohol, drug abuse, gambling, pornography, unemployment, poor education and housing and general disempowerment lead inexorably to family and other violence and then on to sexual abuse of men and women and, finally, of children" (Anderson & Wild, 2007).

Little Children Are Sacred makes 97 total recommendations to the Australian and Northern Territory governments to work on a long-term and holistic basis to end child sexual abuse and support and care for those already victimized. These recommendations are grouped according to subject: leadership; government responses; family and children’s services; health/crisis intervention; police, family and children’s services, prosecutions and the victim; bail; offender rehabilitation; prevention; health/prevention; education; community education and awareness; alcohol; other substance abuse; community justice; employment; housing; pornography; gambling; cross-cultural practice; and implementation.


Alternatives to the Federal Emergency Response Act

The Combined Aboriginal Organisations of the Northern Territory issued A Proposed "Emergency Response" and "Development Plan" to Protect Aboriginal Children in the Northern Territory: A preliminary response to the Australian Government’s proposals [PDF]. This plan provides both an alternative and a critique to the federal Emergency Response Act. The alternative plan consists of a short-term response to be developed in partnership with local community representatives that essentially calls for an increase in existing services (healthcare, mediation, community-based family support, treatment and rehabilitation, education, etc.). The objective is to both reduce the risk to children and also to provide an infrastructure to build upon and/or change child protection and related (e.g., housing, employment, substance abuse, etc.) systems and services. The long-term response is essentially to commit to and engage in the growth and evolution of systems and services. It is stated that an effective long-term response "requires more thorough planning and negotiation to ensure that the right strategy is adopted, the substantial resources required are efficiently used, and funding is stable and predictable over the longer term" (Combined Aboriginal Organisations of the Northern Territory, n.d.).

The critique to the federal Emergency Response Act cites each proposal and provides comment and proposed alternative actions. For example, in response to the federal proposal to bring federal and interstate police forces into the Northern Territory, the alternative plan notes,

[…] the quality and effectiveness of policing is more important than increased numbers of police on the ground. Effective policing in Aboriginal communities requires local knowledge and cultural awareness, and an ability to work collaboratively with other services including child and family welfare services, health services, schools and child protection services. There is also a need for specialized training in domestic violence and child abuse. Police brought in from outside the Territory will in most cases lack the necessary local/cultural knowledge and networks. Policing […] will be more effective if the police have the trust and consent of the communities. Many Aboriginal people are fearful of police, especially the risk that children may be taken away. To ensure that incidents are reported, this fear must be overcome. (Combined Aboriginal Organisations of the Northern Territory, n.d.)

By way of further response, the alternative plan also provides ten proposed alternative actions to the federal act’s policing measure, including, for example, "Community justice groups should be established in the communities to assist in the administration of the law in regard to child abuse and violence, and alcohol and drug abuse. Successful models include the Law and Justice Committees in Waipiri communities, which were instrumental in establishing night patrols and safe houses in those communities" (Combined Aboriginal Organisations of the Northern Territory, n.d.).

The Secretariat of National Aboriginal and Islander Child Care developed a report titled State of Denial: The Neglect and Abuse of Indigenous Children in the Northern Territory [PDF] that, while it does not address the federal Emergency Response Act specifically, provides detailed recommendations to improve the wellbeing and outlook for Aboriginal children in the Northern Territory. This report, however, appears to center the responsibility and control for the design, implementation and evaluation of services and supports with the Northern Territory government more so than with the Aboriginal communities. And yet it requires the governments to develop understandings, policies and practices that incorporate accountability to the historical oppression and violence committed against the Aboriginal people, and do so holistically, i.e., not simply in the development of child welfare systems. In reference to the past practice of forcibly separating Aboriginal children from their communities, for example, State of Denial recommends:

That the Northern Territory Government develop an Indigenous child welfare policy statement in partnership with Indigenous communities which:
  • recognizes the ongoing impact of past practices of child removal in the Northern Territory,
  • outlines support for ecological, holistic and community based approaches to child welfare,
  • clearly states the objectives of child welfare policy including prevention of family breakdown, family violence, child abuse and child neglect and child removal, and
  • supports the establishment of national standards legislation for Indigenous child welfare as recommended by the Bringing Them Home report.
(Pocock, 2007)

In addition, Aboriginal communities and the federal government itself have also developed programs, guidelines and plans that predate the 2007 intervention in the Northern Territory and commit to the health, safety and autonomy of Aboriginal peoples. For example:

  • Success Stories in Indigenous Health [PDF] describes a myriad of healthcare programs constructed, implemented and maintained by Aboriginal communities throughout Australia.
  • Empowerment and Human Rights as Factors in Addressing Violence and Improving Health in Australian Indigenous Communities [PDF] details the need, design and implementation of the Indigenous Family Wellbeing empowerment program. This program takes a "personal empowerment" approach, i.e., it is "premised on the idea that all humans have basic physical, emotional, mental, and spiritual needs and failure to satisfy those needs results in behavioral problems [… and] aims to increase empowerment, through self-exploration and support, and to enable participants to take greater control over their lives." The program, however, is not intended to minimize or deny historic, systemic and institutionalized oppression, and is instead "intended to complement existing structural advocacy especially by Indigenous community-controlled organizations."
  • The Ministerial Advisory Committee on Vulnerable Children, Young People & Families' Indigenous Issues Working Group Final Report on the Working Group on Indigenous Issues October 2006 [PDF] includes recommendations specifically to support and promote the wellbeing of Aboriginal children.


Coalitions: Analysis & Solidarity Statements

The following sites maintain articles, analyses/opinions and related news releases about the Northern Territory intervention:



References

ABC News (2007, October 11).  Indigenous Sex Abuse "Still Under-reported." Retrieved November 1, 2007 from http://www.abc.net.au/news/stories/2007/10/11/2056844.htm.

Anderson, P. & Wild, R. (2007).   Ampe Akelyernemane Meke Mekarle "Little Children Are Sacred:"  Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse.   Darwin, NT, Australia:   Northern Territory Government.

BBC News (2007).  Aborigine Child Sex Abuse "Rife." Retrieved November 1, 2007 from http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/2/hi/asia-pacific/3756515.stm.

Combined Aboriginal Organisations of the Northern Territory (n.d.).   A Proposed "Emergency Response" and "Development Plan" to Protect Aboriginal Children in the Northern Territory:   A preliminary response to the Australian Government's proposals.   Retrieved February 26, 2008 from http://www.snaicc.asn.au/_uploads/fcknw//CAOreport8july.pdf

European Network for Indigenous Australian Rights (2007).   Northern Territory Intervention 2007 .   Retrieved November 1, 2007 from http://www.eniar.org/news/news-issues/NTintervention.html

International Herald Tribune (2007, July 8).  Australia:   Government Plan to Stop Child Abuse Condemned.   Retrieved November 1, 2007 from http://www.crin.org/resources/infoDetail.asp?ID=14330&flag=news.

McMahon, B. (2007, June 22).  Aborigines Face Alcohol Ban After Report on Child Sex Abuse.   Retrieved November 1, 2007 from http://www.guardian.co.uk/print/0,,330064268-110732,00.html.

National Aboriginal Alliance (n.d.).  Key Issues . Retrieved February 28, 2008 from http://www.nationalaboriginalalliance.org/?page=keyissues.htm.

National Public Radio (2007, September 7). Widespread child sex abuse in Australia [Interview with Suzanne Smith, Australian Broadcasting Corporation.].   Morning Edition. Audio transcript available online at http://www.npr.org/templates/story/story.php?storyId=14232872.

Perry, M. (2007, June 15).  Aboriginal Child Sex Abuse Widespread in Australia. Retrieved November 1, 2007 from http://www.reuters.com/articlePrint?articleId=USL154425420070615.

Pocock, J. (2007).   State of Denial:   The Neglect and Abuse of Indigenous Children in the Northern Territory.   Retrieved February 26, 2008 from http://www.snaicc.asn.au/_uploads/rsfil/00110.pdf

Racial Discrimination Act 1975 [Act No. 52 of 1975].   Canberra, Australia:   Office of Legislative Drafting, Attorney-General's Department.

Young, E. (2007, June 22).  Aboriginal Child Sex Abuse a "National Emergency."  Retrieved November 1, 2007 from http://www.newscientist.com/article.ns?id=dn12113&print=true.


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