Racial Discrimination
With the Northern Territories National Emergency Response Act of July 2007, the Liberal government of John Howard suspended the Racial Discrimination Act of 1975, in violation of international law, and sent in the military to enforce new draconian decrees on Aboriginal Communities. In part, this was a reflection of old fashioned racism and paternalism, which was still commonplace in Australia despite a thin veneer of shallow tolerance and multiculturalism. Racism had always existed against native peoples since colonial times, and not only in Australia but in Canada, New Zealand and, worst of all, the United States. Forced assimilation, segregation, and ghettoization had always been part of the pattern, as had the drive to eliminate Indigenous languages and cultures. Of course, physical genocide and outright theft of native lands and resources had also occurred in all these settler states, and only in recent times were Aboriginal peoples acknowledged to have human rights and civil rights of any kind. In the past, there was no pretense of treating them as anything else except inferior races, although this has no longer been acceptable in such an open and blatant way in the last forty years. In this respect, the actions of the Howard government really were a throwback to the 19th Century, which was also highly consistent with its free market, laissez faire ideology. This is most definitely not the type of power that the federal government should possess, and there is no conceivably way in which such policies could be implemented in a just and legal manner, even though they might be 'legal' on paper. Its intentions were malignant from the start and so was the manner in which the program was implemented and the goals it achieved. In the end, the Emergency Intervention only worsened the situation in the Aboriginal communities, especially for women and children, and the courts should overturn it as a violation of basic human rights and international law.
For public relations purposes, Howard claimed to be acting against the widespread child sex abuse outlined in a report called Little Children are Sacred, but that was merely a pretext for its true agenda. Alleged protection of children was a convenient justification for a more widespread intervention aimed at abolishing tradition customs, clans and communal landholding in favor of "neoliberal inspired individualist aspirations of private home ownership, career, and self-improvement" (Walter 2010, p. 103). Emergency Intervention resembled nothing so much as the Dawes Severalty Act of 1887 in the United States, or the termination laws on the 1950s, which abolished native tribal governments and land holding in order to convert the Indigenous into individual land owners and wage workers. This was consistent with the Reagan-Thatcher neoliberalism of the 1980s, especially in its attack on the welfare state as the cause of minority poverty, crime and social ills rather than a (limited) attempt to deal with these problems that had always existed. Howard showed his hand by suspending half of all welfare payments for those considered noncompliant with the new laws and regulations. Aboriginal employment, education and land distribution programs were also cancelled and penalties levied against parents who children did not attend school. Community leases in 73 Aboriginal towns were also taken over by the federal government for five years, and all of these 'reforms' were continued by the Labour government elected in 2007. Overall, the true goal of this Emergency Intervention was not to protect or expand Aboriginal rights but to eliminate them, and apply "market economy principles and practices that are seen as the panacea for Indigenous noncompliance with the neoliberal nation-state's conception of the good citizen" (Walter, p. 103).
Like its conservative counterparts in Canada, the U.S. And Britain, the Howard government regarded the minority and Indigenous communities as crime-ridden, violent and dysfunctional, and it blamed the alleged breakdown in morality, family values and law-and-order on the welfare state. None of this rhetoric is new, and conservative parties in all the English-speaking countries routinely use the same political, racial and ideological themes in language that is interchangeable. Howard found that the Aborigines in the Northern Territories were "unruly subjects," "sociopaths" and "sexual deviates," typified by rape, incest child abuse and murder. Like its conservative parties in other Western nations, it lashed out against pluralism and multiculturalism, charging that such policies had turned the Aboriginal communities into "museum pieces" (Jennett, 2011, p. 121). Abusive parents regularly "molested and raped children while ignoring their more mundane rights to be fed, washed and educated"...
Northern Territory (NT) Intervention In this essay, the author will examine how the Australian Federal Government can pass legislation (as was done with the Northern Territory (NT) intervention) which is not subject to the operation of Racial Discrimination Act (Clth) and, in turn, any State/Territories Racial Discrimination Acts. The author will raise the question of whether or not the Federal Government has such power. If this is so, the author will
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