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Anyinginyi Health Aboriginal Corporation

Statement to Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse

Purpose

The purpose of this document is to present a framework which encapsulates broad social indicators that, when absent from daily life, contribute to the growth of potential abusive environments. The format provides each of the four terms of reference with a background comment, a response by local Indigenous people and a recommendation.

Prelude

This statement is prejudiced by two themes: human rights and people's access to pathways for healing. Acknowledgement of human rights enables people to access pathways for healing.

In 1991 at the Healing Our People Conference in Alice Springs, the 'destructive and brutalizing' impact of people living a dysfunctional lifestyle was highlighted and given as the reason for Indigenous people developing negative and demoralizing life attitudes.

However, '…redressing this situation hinges on the establishment of a formal recognition of the inalienable right to maintain our social and cultural values…(This) allows communities to draw on their social and cultural values to address local problems and tackle them in culturally relevant ways.'

Setting

Human rights are inherent, we are born with them and they belong to each of us as a result of our shared humanity. They are not owned by select people or given as a gift. They are inalienable, universal and belong to each and every one of us.

In 1948 the United Nations set a common standard on human rights with the adoption of the Universal Declaration of Human Rights. The acceptance of the Declaration by all countries gives great moral weight to the fundamental principal that all human beings are to be treated equally and with respect for their natural worth as human beings.

In 2005 the United Nations Committee on the Elimination of Racial Discrimination expressed concern to the Australian Government on a number of issues not least being 'the extreme inequalities between Indigenous people and others in the areas of employment, housing, health, education and income'.

Further, the Aboriginal & Torres Strait Islander Social Justice Commissioner Report, Social Justice Report 2005, points to '…the failure of the policies and programs over the past 20 years to achieve significant improvements in Aboriginal and Torres Strait Islander health status, yet alone reduce the inequality gap, reveals the failure of the government to commit to an urgent plan of action which is funded to meet its outcome.'

This gap of inequality is reflected by the lack of adequate recurrent resources that inhibits Indigenous Australians attaining a standard of living equal to that of non-Indigenous Australians. Inadequate resourcing is fundamentally a human rights issue and has been at the forefront of Indigenous health organizations for many years.

It is the opinion of AHAC that this ongoing lifestyle of family dysfunction created by past and present policies will continue to foster the harmful and self destructive environment that we face today.

Term of reference - One

Background

The Convention of the Rights of the Child is one of six core human rights treaties that provide an International human rights framework.

This framework provides the foundation for the Australian Government policy development on the rights of children and includes that all children:

AHAC's comments

Lack of the physical and emotional needs required for sustainable growth is a daily reality for many Indigenous children. It can be a precursor to developing patterns of anti-social behavior, including child sexual abuse.

Parents unable to provide basic needs and leaving children unattended are partly due to parents not being answerable to anybody for their actions.

Traditional law is sometimes abused and used as a form of control to silence the community. Overall the traditional/cultural 'collective family support' mechanism has declined in strength.

Family members have real fears of reprisal if they report incidences of lack of care, clothing, food, hygiene and emotional support. This failure to provide basic needs for children is widespread.

There are numerous experiences where Government agencies have not 'followed-up' effectively in relation to parents and children.

Some parents lack a sufficient understanding of parenting skills, particularly within a contemporary social context. Indigenous social policy has created a cycle of welfare and contained little or no citizenship education that reflects the individual's responsibilities in raising and caring for children. This lack of ethical education linked to contemporary social policy has created a generation of parents who do not know or ignore the right way from wrong way.

Lack of Government action in some aspects of schooling, health and child welfare perpetuates abuse and contributes to the child's lack of knowledge from right to wrong and their disempowerment to change their environment.

Recommendation

That adequate human and infrastructure resources are provided to Indigenous families that develop, support and sustain parenting skills.

Term of reference - Two

Background

Rights alone do not guarantee children access and equity to the human services that are necessary for the development of a protective environment. These human services are influenced by many factors (social determinants) acting in various combinations.

However, developing sustainable patterns of behavior that enhance the rights of children within the community is the responsibility of all people within the community and engagement with the process is the individual's essential expression of their human rights.

For people to engage in the process of developing sustainable patterns of behavior there are key elements that need to be present in their lives: safe environment, access to health services, adequate income, meaningful roles in society, secure housing, education and social support within communities.

AHAC's comments

Substance abuse is a barrier to developing effective responses to the needs of children. While an effect of substance abuse often results in children being deprived of their basic needs (food, clothing, care, shelter) it is not the cause. The cause is within the parents not the substance.

Parents do not have a proper understanding of the WUNPURARNI way (traditional way) and the lack of this understanding is becoming generational. Healing programs need to be developed with local people and local service providers.

Other factors that impact on identifying and monitoring the quality of family life in the Barkly Region include physical distances, lack of continuity in schooling, insufficient understanding of the level of mental health issues, fear components in people's lives and low and inconsistent staffing levels to perform follow up and child welfare management.

Aboriginal families want to break the cycle of welfare and abuse; they want to enjoy and to live harmoniously maintaining strong culture. The many barriers of remoteness, lack of employment, overcrowded houses, substance abuse impacts, violent lifestyles, lack of rights and life knowledge all contributed to an overwhelming burden which quite wrongly is seen as an “Indigenous issue”. These impacts would not be tolerated by non-indigenous citizens.

Recommendation

That cultural protocols are developed and implemented that acknowledge WUNPURARNI ways in the social and emotional process of healing.

Term of Reference - Three

Background

On almost every measure the health and wellbeing of Indigenous Australians is significantly lower than the health of non-Indigenous Australians. Evidence provided in the National Aboriginal Health Strategy suggests that the gap has increased over the past years.

Addressing these health and wellbeing needs of indigenous Australians requires a holistic concept, encompassing all aspects of physical, emotional, social, spiritual and cultural life values.

This holistic approach encompasses community control of primary health services, participation in the planning, delivery, management and evaluation of initiatives, culturally responsive service provision and partnerships with Government that provide equity to resources.

AHAC's comments

There are many resources that are within local jurisdictions that when combined with other resources including Government, can be developed as local responses.

Government practices and procedures that relate to local reporting methods and engagement of local people will enhance local culturally responsive programs.

Recommendation

That partnerships between local service providers and government agencies develop culturally responsive social and emotional programs that are adequately resourced to address the issues that have been identified by local family groups.

Term of Reference - Four

Background

Visionary leaders are a key to any community healing, and such leadership is a function and responsibility of Government.

They are also people who see the need to revitalize and repair people's spirits which have often been devastated by the horrendous problems of family violence and substance abuse.

These leaders want all people, especially children, to live with dignity and confidence. But they also recognize that many people, including Indigenous people, do not engage positively with a system of values that can provide personal and communal dignity.

AHAC's comments

The NT Government needs to provide sufficient resources that match children's needs and supports local initiatives that cater for those needs.

This will necessitate a holistic approach to resource development that is inclusive of language and culture. Language and culture become the protective agents for local resource development and values education. Utilizing already established local health, educational and cultural organizations is essential.

NT Treasury needs to adopt a more realistic view of the function of the Racing, Gaming and Licensing Commission (RGL). As the controlling agent for the supply of alcohol, RGL decisions must reflect a more holistic view of the impact of alcohol on people and not base its decisions solely on the revenue raising potential that comes with controlling the supply of alcohol. Strategies that deal with the demand for alcohol need to be resourced.

Recommendation

That NT Treasury initiates a form of revenue raising mechanism that is applied to the supply component of alcohol and can be utilized for the development of specific demand reduction strategies.

Conclusion

The two themes presented in this statement, human rights and people's capacity to access pathways for healing, were themes of the 1991 Healing Our People Conference in Alice Springs. That was 17 years ago. Yet these themes are still relevant today.

Protecting Indigenous children against abuse begins with the provision of sufficient human and infrastructure resources that provide parents and families with knowledge and support of their role within a contemporary society.

At all times the rights of the child are paramount and must be addressed. Where all attempts with families have failed to improve the environment, Government must take the leadership role and protect the disadvantaged.

In 1990 at a Family Violence Conference, again in Alice Springs, (Name Removed) stated that '…until we understand 'health' in its many facets, we will never understand abuse. Communities need to look holistically at all those things which will make them healthy, including spirituality. If we are denied spirituality, it will have a domino effect. It will eventually affect our mental health, our emotional well-being and our physical health. This is hard work.'