His promises were as he then
was, mighty,
But his performance, as he is
now, nothing.
Henry
VIII, Act 4, scene 2.
The path-breaking December 2018 Closing the Gap Partnership
Agreement (link
here)
between COAG and First Nation interests made a commitment to review the
National Indigenous Reform Agreement (NIRA). The NIRA established and
formalised the Closing the Gap process that operated from 2008 to 2018. The
Partnership agreement also established a Joint Council co-chaired by the
Minister for Indigenous Australians and the CEO of the Coalition of Peaks, Ms
Pat Turner.
At its second meeting on 23 August 2019, the Joint Council met
to consider the Closing the Gap process. The communique issued after the
meeting (link
here)
noted:
The Joint Council considered a
review of the National Indigenous Reform Agreement (NIRA), completed by the
Partnership Working Group, and agreed to develop a new National Agreement on
Closing the Gap, covering the next ten years, continuing the NIRA’s successful
elements, strengthening others and addressing foundational areas that were
previously excluded from consideration.
On 26 August 2019, I submitted a Freedom of Information
request for the review. Following a long and convoluted 15 month process, that
review was released in full on 23 November 2020, and is available on the FOI disclosure
log of the NIAA (link
here).
The review takes the form of a nine page agenda paper for
the Joint Council prepared by a ‘Partnership Working group’, presumably
comprised of representatives of NIAA, the states and territories, and the staff
of the Coalition of Peaks. It is headed ‘Lessons learned from the National
Indigenous Reform agreement’. The review paper is not so much an independent
assessment of the NIRA as a consensus document that lays out its supposed
strengths and weaknesses. It thus effectively provided each of the parties with
the opportunity to introduce their perspective, and to begin to lay out their
log of claims for the negotiation ahead. This is presumably the explanation for
the countervailing and somewhat inconsistent views embedded throughout the
document.
This post does not attempt to summarise the document. It is
short and easily read. Instead, I have subjected it to a brief critical
assessment and commentary, focussing particularly on the more contentious or
self-serving claims made. Going forward, the review document will also provide
a useful benchmark against which to assess the final outcomes of the
negotiation as agreed in the July 2020 National Partnership on Closing the Gap
(link
here).
In a section titled Strengths
and Weaknesses - Overview, the review states:
Target setting was highly
aspirational. While this helped to highlight the issues and create a sense of
urgency, the trajectories were not based on historical trends or evidence about
what could be achieved in a given timeframe. This lack of distinction between
final policy goals and an ambitious-yet-achievable rate of progress further
contributed to a deficit narrative by creating the perceptions of continuous
failure…
This text is both deeply problematic and fundamentally
misconceived. Problematic, because it
betrays an underlying agenda to abjure aspiration, and replace it with
acceptance of limited progress or even implicit regress. The whole point of a
strategy is to aspire, to lay out objectives that will move the nation and First
Nations forward, and devise a feasible pathway to achieving those objectives. Misconceived, because it betrays an
attempt by governments to appropriate and apply to themselves an argument or
viewpoint that has been promulgated by Indigenous advocates to the effect that pointing
to deficits implicitly define First Nations citizens as failures. The argument
may have some validity when applied to analyses of the actions of Indigenous
peoples, but in my view, it has absolutely no validity when used as an excuse
for government failures or shortcomings.
Governments are effectively arguing that we should not focus
on their failures and the structural implications of their policies, because to
do so somehow reflects negatively on First Nations. Deconstructed, this text is
signalling that governments are not committed to substantively closing the gap,
but instead are focussed on the mere appearance of action.
In a further paragraph, the review notes that while NIRA
did not provide funding:
…it was underpinned by a
series of Indigenous specific and mainstream National Partnerships that
committed Commonwealth funds often paired with state and Territory funds. These
provided the critical foundation for Closing the Gap implementation, and as
these began to expire from 2013 without renewal, bipartisanship and
implementation fell away.
This text is misleading in two respects.
First, the pairing of state funding was invariably
comparatively minor. The Commonwealth provided the vast bulk of funding under
NIRA addressing Indigenous disadvantage. One might argue that the states should
have provided more, but the reality is that Closing the Gap was effectively a Commonwealth
Government initiative. The states do not have the fiscal capacity of the
Commonwealth, and are subject to electoral and political dynamics that
virtually ensure under-investment in addressing Indigenous disadvantage.
Commonwealth policy leadership is essential if the nation is to successfully
close the gap.
Second, the non-renewal of the National Partnerships as
they expired was a conscious and explicit decision of the incoming Abbott Government
elected in September 2013. Bipartisanship and implementation did not gradually
and incrementally ‘fall away’. These were deliberate decisions made by the
current Liberal/National Coalition Government to stop the pre-existing and arguably
inadequate funding directed to addressing Indigenous disadvantage, and thus
closing the gap. The most egregious example of this was the decision not to renew
the National Partnership Agreement on Remote Indigenous Housing that I have
analysed at length in previous posts. See the dot points on page 4 of the
review document for more specific examples.
Finally, the review notes:
Two additional factors
compounded the impacts of this withdrawal of resources: the absence of a formal
structure for Aboriginal and Torres Strait Islander involvement in the governance
of the framework, and the dissolution in 2013-14 of the two key oversight
bodies for the Closing the Gap framework (the COAG Reform Council and the
Working Group on Indigenous Reform). Both factors facilitated a period of
policy drift. The Close the Gap campaign’s 10-year review concluded that:
By 2014-15, the Closing the
Gap Strategy as a coherent, national response to Indigenous disadvantage was
effectively over. […] In practice, [it] persists in name only…
This text was clearly inserted at the insistence of the
Coalition of Peaks. In a stark assessment, it supports and reinforces the
points I made above regarding the underlying commitment of governments.
Implications
So what are we to make of this rather sorry document. At
one level, it might be argued that it has been overtaken by the National
Agreement on Closing the Gap, and is arguably of minimal or merely historical
significance. That is certainly its formal status.
However, to my mind, it points directly towards the risks
inherent in the current Closing the Gap institutional framework. It reinforces
the deeply embedded predispositions of the current Government (and potentially
future governments) merely to go through the motions while kicking substantive
reform down the road.
It points to the path-breaking importance of implementing the
Priority Reforms set out and agreed to by all governments in the National
Agreement on Closing the Gap.
It also points to the very real risk of under-investment by
Governments in addressing the Closing the Gap targets identified in the new
National Agreement. It is significant in my view that since the announcement of
the Agreement and notwithstanding the largest ever stimulus budget in the
nation’s history, the Commonwealth has not come forward with any major budget
initiatives apart from funding of $46.5m for Community Controlled service
agencies (link
here).
Similarly, the states have made no substantive funding announcements, apart from
funding for community controlled services. Western Australia recently announced
funding of $4.8m for the community controlled sector (link
here).
While funding community controlled services is important,
addressing substantive disadvantage requires much more substantial funding
commitments. These are nowhere to be seen. There is a real risk that
Governments have decided to invest in the community controlled sector to
facilitate a strategy of non-investment in substantive reform. The lessons of
the implementation of the NIRA, identified in the review report the Government
sought to keep hidden, have clearly not yet been learnt.
Furthermore, there is at present no single data repository
recording the investments of governments under the agreement. This is a
priority if the agreement is to have a substantive impact.
Finally, the fact that the Government was not prepared to
release this document immediately it was requested points to an underlying fear
that its contents would reveal too much about the governments underlying agenda
during the negotiation of the National Agreement. That in itself lends
credibility to the analysis above. It should be cause for real concern in the
engine room of the Coalition of Peaks.
Transparency is an important means of ensuring governments
are kept to their word. In coming weeks, I hope to post a short outline of the
arguments used to justify the review’s non-release for over a year.
I have previously expressed concern about the level of substantive
commitment by governments generally, and the Commonwealth in particular, to the
substantive reforms required to close the gap (link
here and link
here). Close analysis of the NIRA review does nothing to change my mind on
this score.