Legal and Constitutional Affairs committee recommends human rights statements for all future NT policies

Battlelines have been drawn over an inquiry into a future Voice to parliament, with Labor calling for all future policies to provide an explanation on how it will impact the human rights of Territorians. But others warn this may become a ‘tick the box’ exercise.

Legal and Constitutional Affairs Committee Chair Dheran Young thanked the members for their “bipartisan approach to the inquiry” — despite the two CLP members producing a three-page dissenting report. Picture: (A)manda Parkinson

Battlelines over a future Voice to the Northern Territory parliament have been drawn ahead of the election, with Labor promising to provide a human rights statement regarding all future policies.

Following two days of hearings and 11 written submissions the parliament tabled its 57-page report into the Process to Review Bills on their Impact on First Nations Territorians in May.

The Legal and Constitutional Affairs Committee report called for the parliament to revive statements of compatibility, which assess how the proposed bill could impact the rights of Territorians and meet the goals of the bipartisan Closing The Gap and Aboriginal Justice agreements. 

However, the seven recommendations fell short of advocating for particular structure for a future Voice to parliament or the revival of the disbanded scrutiny committees — which were repeatedly emphasised by stakeholders.

The report comes seven months after the failed national referendum, in which Territory’s urban centres swung against a Voice to parliament, while 22 of the 23 bush polling booths recording a majority ‘yes’ vote.

Committee Chair Dheran Young thanked the members for their “bipartisan approach to the inquiry” — despite the two CLP members producing a three-page dissenting report.

The Labor report said the prospect of a Voice was “supported and welcomed”, although there was “no clear consensus” how it would operate.

It recommended the government assign the NT Executive Council on Aboriginal Affairs as the lead agency to facilitate community engagement to propose a structure.

The NTECAA was set up in 2022 to oversee the Closing The Gap National Agreement, and brings together members of the Aboriginal Peak Organisations Northern Territory, Local Government Association of the Northern Territory and ministers.

Mulka MLA Yingiya Guyula was supportive of the report’s to recommendation to reintroduce statements of compatibility, which were quietly abandoned in 2020. Picture: Zizi Averill

However Independent Mulka representative Yingiya Guyula questioned if this agency was properly resourced to take on the work.

“I’ve never heard of the NT Executive Council on Aboriginal Affairs until now and I don’t know what they do,” Mr Guyula said.

“Is it just the government sweeping this away and hoping the problem will disappear?”

Mr Guyula was supportive of the report’s recommendation to reintroduce statements of compatibility, which were quietly abandoned in 2020.

The report recommended all bills include impact statements, showing how the bill does or does not align with the guiding principles of the Local Decision-Making Framework, Aboriginal Justice Agreement and was consistent with the National Closing The Gap agreement.

Bills would also have to include a statement on the elimination of racial discrimination and discrimination of women, economic, social and cultural rights, civil and political rights, torture laws, the rights of children, people with disabilities and Indigenous peoples.

Mr Guyula said these statements would create an additional level of accountability.

During the inquiry, concerns were raised by the Northern and Central Land Councils that without accountability or meaningful consultation, statements of compatibility would become a “tick the box exercise” or an “afterthought”.

The Labor report also recommended the government review resourcing to “address constraints that inhibit effective engagement with First Nations Territorians and their representative organisations”.

CLP Aboriginal Affairs spokesperson Steve Edgington rejected the the recommendation for the NTECAA to develop a First Nations review mechanism as it would only “further delays any progress”. Picture: Pema Tamang Pakhrin

While acknowledging a history of “the failure to genuinely consult and listen to the views and impact of Bills when it comes to Aboriginal Territorian”, the two Country Liberal Party representatives did not make any recommendations for change.

In their dissenting report, Steve Edgington and Marie-Clare Boothby said if proper community consultation was undertaken and existing policy instruments complied with “there would have been no need for this inquiry”.

“Adding more bureaucracy to an already burdensome system to try and compensate for Labor’s failure to consult and engage First Nations Territorians during development of policy and legislation will further delay Territorians right to feel heard,” the dissenting report said.

“Fundamental level of community engagement across all Territorians and information about upcoming Bills to be introduced should offer sufficient time for feedback and access to information in easily understood language for champions of the legislation, such as elected representatives.”

Originally published as Legal and Constitutional Affairs committee recommends human rights statements for all future NT policies