The latest comments from state and territory governments should serve as a wake-up call for the Federal Government: these jurisdictions are not taking the Closing the Gap agreement seriously.
At last week's meeting of the Standing Council of Attorneys-General (SCAG) in Sydney, The Australian reported the gathering descended into tension after federal Attorney-General Michelle Rowland pressed states and territories on soaring Indigenous incarceration rates.
Queensland's Attorney-General, Deb Frecklington, reportedly responded that the LNP government "won't be changing anything" when it came to reforming bail laws. This, from a state that has suspended the Human Rights Act three times in 24 months, allows children as young as ten to be housed in adult watch houses for weeks at a time, and permits children to be sentenced to life in prison for some crimes.
Then on Tuesday, the Northern Territory's Attorney-General argued that whilst Closing the Gap was important, it could not come at the expense of community safety. She highlighted a number of Country Liberal Party (CLP) policies that have led to an extraordinary number of people — mostly Aboriginal — being locked up in the NT, many on remand.
But there is no evidence that Closing the Gap and community safety are oppositional goals. On the contrary, programs proven to reduce incarceration at the source — diversionary pathways, education, and community-led support — are recognised as key drivers of safer communities and closing the gap.
If the comments from these two Attorneys-General are not proof enough that the Closing the Gap agreement is worth little more than the paper it is written on, what will be?
View this post on Instagram
A post shared by Justice Not Jails (@justice.not.jails)
And while the NT and Queensland, along with Tasmania, are currently the only conservative-led jurisdictions, they are not alone in pursuing harmful approaches. Labor-led New South Wales has enacted bail laws that have dramatically increased the number of Aboriginal children on remand, while Victoria — which is championing Treaty negotiations — pushed through what it boasted were the "toughest" bail laws in the country earlier this year, against expert advice.
The federal Minister for Indigenous Australians, Malarndirri McCarthy, is largely respected across the political spectrum; but there is only so much she can do as one minister. Increasingly, it seems the federal government issues stern rebukes to the states and the NT, but no consequences.
The constitutional reality is that states hold significant power, as the pandemic reminded us. But the Northern Territory is different. Here, the Commonwealth has significant leverage: nearly 80 per cent of the NT budget is federally funded.
Senator McCarthy has previously hinted that funding strings could be used to push change, noting, "the balance of incarceration is far outweighing efforts to keep the community safe". It is an approach also urged by Independent Senator Lidia Thorpe and numerous legal organisations.
"We don't need more reviews, reports or inquiries — we need action. Governments already know the solutions because our people have been telling them for decades. What's missing is the political will to act," Senator Thorpe said last week.
Earlier this month, the family of the late NT Supreme Court Justice James Henry Muirhead AC QC urged the Prime Minister to intervene, describing the CLP's measures as "regressive actions." Last month, Independent Member for Mulka Yiŋiya Guyula introduced a censure motion against the NT government, accusing it of ignoring Aboriginal leadership and voices. Earlier this year, he called for the United Nations to visit the Territory to witness the crisis first-hand.
The word "intervention" carries deep trauma for many Aboriginal people in the NT, given the devastating legacy of John Howard's 2007 policies. But a modern intervention need not be punitive. It could simply mean ensuring Aboriginal people are afforded the same respect, rights and dignity as every other Australian citizen — something which seems to be increasingly lacking in the Territory, where almost 90 per cent of people behind bars are Aboriginal.
Queensland and NT leaders often invoke their "mandate" to govern. But that mandate entails a responsibility to all citizens, including First Nations people. Aboriginal communities must not continue to be weaponised as a backdrop for regressive, fear-driven law-and-order policies that do nothing to close the gap.
The Commonwealth's strong words are no longer enough. States have rolled their eyes at them and carried on.
It is time for concrete action.
