Reconciliation and Social Justice Library

SECOND REPORT 1994 - RESOURCES: RESTRICTIONS, REQUIREMENTS AND CONSEQUENCES

I noted in my First Report that the litmus test of the Government's commitment to social justice for Indigenous peoples would be the adequate resourcing of the Aboriginal and Torres Strait Islander Social Justice Commissioner. I regret to say that, to date, the paper has not changed colour.

One year after the production of my First Report, I still receive funding for only four permanent staff to fulfil my functions under the Human Rights and Equal Opportunity legislation.

In order to fulfil what I considered to be the minimal requirements of the legislation, I have had no other option than to contract consultants and to divert programme money into the employment of temporary staff. There is no doubt that such measures are unsatisfactory. In fact they preclude the establishment of a solid and effective agency that can develop expertise and contribute high-level policy advice in the long term.

However, even accessing such `emergency measures', it would be impossible to stretch existing resources to complete the activities which I have indicated ought to be undertaken. I do not make this statement carelessly and am aware that governments virtually expect agencies to make a yearly pilgrimage to the funding bodies, cap in hand. I totally agree that additional resources should only be provided where there is a clear indication that they are required for the performance of stated objectives. In the second part of this chapter, I provide numerous concrete examples of how current resource shortfalls impact on the fulfilment of my statutory responsibilities.

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This question of resources keenly illustrates my belief that commitment is meaningless unless translated in action.

The fact that my enabling legislation was passed testifies to the support which the Parliament has for the principles of guaranteeing the rights of Aboriginal and Torres Strait Islander Peoples. However, as illustrated by the year's Activities, discussed below, principals are implemented through actions, and the effective fulfillment of my functions requires adequate resources.

To fulfil my mandate of evaluation and policy development, even after this has been narrowed into distinct areas, requires adequate resources; it involves the development of detailed understanding of the issues and the political situation, thoughtful planning and intensive negotiation. This is work that cannot not done on the cheap and cannot be done on the run. When a monitoring body is inadequately resourced to do the detailed work of checking and assessing, it does not produce a genuine evaluation but a compilation of photocopies of agencies' own claims about their achievements. This has been my major critique of the work of the Royal Commission Government Response Monitoring Unit in reporting on the Commonwealth Government `s implementation of the Royal Commission recommendations.9 I do not want to see this office go down the dame path. The Government is faced with a choice: either the Aboriginal and Torres Strait Islander social Justice Commissioner is an independent monitor that ensures that human rights standards are being complied with or it is little more than a letterbox and stapling service.

In order to monitor even a portion of the policy and practice which impact on the human rights of Indigenous peoples, even at a broad policy level as outlined above, requites intensive and comprehensive work. My Office needs to have arms, legs, ears and a heart in communities and Organisations just to have a grip on what is happening. It must have expertise in international human rights standards and requirements to know what should be happening. It must have a comprehensive understanding of current government policies and the practices through which those policies are implemented with regards to Indigenous peoples to know how they affect what is happening or embody what ought to be happening. Multiply each of these requirements by the number of areas into which investigation is required, and which I am expected to monitor, and the Ludicrous reality of my current resources is undeniable.

If the Office of the Aborginal and Torres strait Islander Social Justice Commissioner is to contribute effectively to the assurance of the enjoyment of Indigenous peoples' rights in the long term, it must not simply react. It must also pro-act. It must be looking forward to the issues which require attention, and towards the establishment of structures and policies which will institute, maintain and strengthen the practical conditions which are needed for rights to be realities. As things stand, existing resources are stretched b