Thursday, 24 October 2024

An Institutional approach to analysing Indigenous policy (Part Two)

                                                 O, what men dare do! What men may do!

What men daily do, not knowing what they do!

Much Ado About Nothing, Act four, scene one

 

I ended part one of this post (link here) with the question: What then are the strategies available to Indigenous interests to increase the likelihood of gaining seats at the table when key decisions are being taken on institutional design and development?

There are it seems two levels of action and engagement that are required for Indigenous interest to obtain a guaranteed and long-term seat at the institutional development table. Both are essential, but on their own, (i.e. without the other) they will invariably fall short.

The first is to develop a conceptually coherent and viable long term policy agenda. At least three recent attempts have been made to do this: Ngunggai Warren Mundine has laid out one policy agenda in his recent CIS report titled Where to Now: the road ahead for Indigenous Policy (link here). This road map is summarised as follows:

Market economy and democracy, the rule of supply and demand as well as the rule of law are the blueprint for economic prosperity and have been proven successful in communities all over the world, regardless of their race, culture or religion. It can work for remote Indigenous communities too.

This paper proposes a roadmap to closing the gap through real economic solutions under four pillars: Economic Participation; Education; Safe communities; Accountability.

A second has been overseen by Professor Peter Yu at the ANU in the recent Murru Waaruu Outcomes Report (link here). The approach proposed is summarised in the report as follows (emphasis added):

The paradigm shift envisaged by the Seminar Series proposals is intended to change the current transactional relationship that First Nations peoples have with governments and industry to one of genuine partnership involving an equity stake in economic projects. …   developing and implementing economic self-determination policy is a long-term approach and is complementary to the National Agreement on Closing the Gap.

Ultimately, this Outcomes Report argues that an economic self-determination agenda is about providing First Nations communities and enterprises with opportunities to engage in the Australian economy and to share in wealth creation opportunities on their own terms. On this basis, as discussed throughout the Seminar Series, the approach should be framed by the human rights of Indigenous peoples as articulated in UNDRIP. A coordinated approach is required to reform policy and institutional arrangements to support First Nations economic development in relation to land and Sea Country, freshwater, intellectual property, and access to finance. [The report includes an Appendix with 24 specific institutional reforms, albeit vaguely specified].

A third is the implicit policy agenda in the 2020 refresh of the Closing the Gap Strategy, ostensibly codesigned between the Commonwealth, the states and territories and the nascent Coalition of Indigenous Peaks. I say ‘ostensibly’, because the codesign negotiation was undertaken by two parties, government interests and Indigenous interests, operating within a significant and consequential power and capability imbalance. The high-level summary of the Closing the Gap policy agenda might best be summarised by pointing to the Four Priority Reforms agreed by all parties to the National Agreement in the outcomes sought (clause 17) and in the specific commitments to these outcomes spelt out in chapter six of the Agreement (link here):

17. The outcomes of this Agreement are:

 a. Shared decision-making: Aboriginal and Torres Strait Islander people are empowered to share decision-making authority with governments to accelerate policy and place-based progress on Closing the Gap through formal partnership arrangements.

b. Building the community-controlled sector: There is a strong and sustainable Aboriginal and Torres Strait Islander community-controlled sector delivering high quality services to meet the needs of Aboriginal and Torres Strait Islander people across the country.

c. Improving mainstream institutions: Governments, their organisations and their institutions are accountable for Closing the Gap and are culturally safe and responsive to the needs of Aboriginal and Torres Strait Islander people, including through the services they fund.

 d. Aboriginal and Torres Strait Islander-led data: Aboriginal and Torres Strait Islander people have access to, and the capability to use, locally-relevant data and information to set and monitor the implementation of efforts to close the gap, their priorities and drive their own development.

e. The socio-economic outcomes (listed at Table A).

Significantly, none of these three policy agendas has been subjected to a rigorous and independent analysis or critique focussed on the substantive feasibility and likely effectiveness of the proposed measures in delivering more inclusive and positive benefits to First Nations communities and citizens. The fact that there has not been so far such a constructive critique reflects (in my subjective view) a deep-seated and widespread societal shift away from rigorous analysis and its replacement by reliance on rhetoric and assertion as the primary means of justifying social and political action. Each of the proposed policy agendas is constituted by an amalgam of largely unspecified initiatives located within a mostly open-ended conceptual framework. The result is the articulation of agendas built around a series of largely implicit assumptions regarding the presumed efficacy and effectiveness of the actions proposed.

The Nyunggai Mundine/CIS proposals argue for policies that drive greater market-based approaches to land tenure and a stronger focus on education and employment. While these proposals implicitly rely on institutional change, they are largely about removing those institutional provisions which acknowledge or deal with Indigenous citizens’ rights and interests and replacing them with mainstream rights. They do not involve a significant increase in government financial outlays. The Murru Waaruu proposals advocated by Peter Yu are an amalgam of a focus on economic development rather than welfare or basic services facilitated through the provision of more inclusive institutional reforms based on the greater acknowledgment of human rights instruments such as UNDRIP. 

The implicit Closing the Gap policy agenda reflected in the National Agreements four Priority Reforms is process oriented, and essentially reflects the widespread First Nations’ aspiration for much greater involvement in both policy development and service delivery. It assumes (in my view incorrectly) that Governments are serious about policy reforms directed to shifting the dial on closing the gap. As the Productivity Commission pointed out in its July 2024 Annual Data Compilation Report (link here; page 2), the four priority reforms are underpinned by 17 socio-economic outcomes, and the 23 closing the gap targets are underpinned by 164 indicators. According to the PC report: ‘The targets are specific and measurable goals, while the supporting indicators provide context and information on the drivers of the outcomes.’ At its core then, the Closing the Gap policy agenda involves four priority reforms, 17 socio-economic outcomes, 23 targets and 164 indicators which 9 jurisdictions are each responsible for measuring and progressing. This matrix (which governments have designed and committed to progress) thus comprises 1872 cells. The complexity built into this policy agenda is both staggering and impossible to explain as anything but a deliberate attempt to make the underlying process both incomprehensible and impossible to criticize.

The Productivity Commission review of the Closing the Gap process published in February 2024 was in my view seriously flawed. It was too focussed on pushing Indigenous aspirations over substantive analysis, and in many respects lacking in independence given the Productivity Commission’s role in developing the data dashboard. To be clear, there is nothing inherently wrong with advocacy for Indigenous aspirations, but this is not the Productivity Commission’s role. It ended up preaching to the small church of First Nations communities and citizens (around five percent of the nation’s population) whereas what is desperately needed is coherent and conceptually persuasive analysis aimed at persuading the mainstream population and interests to support the reforms necessary to transform exclusionary institutions into inclusive institutions.

Notwithstanding the flawed analytic underpinnings of each of the three models outlined above, it seems to me that there is likely to be much of use and relevance in each of the three policy agendas. The task however is to identify the institutional reforms and associated policy initiatives that will have outsized positive impacts and alongside, to develop a persuasive and conceptually coherent narrative to persuade mainstream interests that it is in their interests to expand the inclusive scope of Australia’s political settlement. Moreover, the task of developing a long-term institutional reform policy agenda is inherently dynamic and the optimal policies for advancing Indigenous socio-economic and cultural wellbeing will inevitably develop and change over time.

My own approach to developing a high-level Indigenous institutional reform agenda and associated policy framework would be simpler and more strategic than any of the three policy models outlined above. It would include the following elements:

It would focus explicitly on advocating for institutional reforms which have medium to long term consequences. Examples include ten-year funding agreements for all priority sectors; financial adjustments to the tax system to compensate taxpayers who do not take advantage of tax expenditures (such as negative gearing).

It would advocate for explicit focus on ensuring all mainstream policies and programs that have an outsize impact on First Nations citizens should have needs-based access criteria. Examples include financial literacy programs,

It would advocate for a comprehensive remote policy framework which spans both mainstream and Indigenous specific policies and programs. Key components include the impacts of climate change on communities, addressing housing and essential services (water, sewerage, power, kerbed streets) deficits, improved digital access and food security, real reform to the Community Development Program to shift all participants to funded employment in community service roles including environment, health and disability service roles.

It would advocate for evidence-based approaches and maximum transparency in the provision of services to First Nations across mainstream and Indigenous specific policy sectors. Examples include rigorous macro-level evaluation of comparative take up and access by mainstream and First Nations citizens to key policy frameworks and programs, and rigorous evaluations of policies to counter the rise of populist ideological approaches.

It would advocate for the creation of stand-alone agencies to deliver core services in contexts where there is market failure which inhibits private sector delivery. Examples include the overall delivery of the reformed CDP in remote Australia, and the remote operations of the NDIS.

Importantly my approach differs from the strategies outlined above in that it avoids listing particular sectors in recognition of the fact that notwithstanding the Government silos that exist, there are strong synergies and inter-relationships across all key sectors. The interconnections between housing, health, education, and employment are complex and operate in multiple directions. Identifying one sector as a priority that will on its own address deep disadvantage is a chimera.

Of course, not all institutional reforms require financial investments. It is important that governments acknowledge that the present is a product and function of our nation’s history, and there can be no effective policy frameworks developed by governments that do not acknowledge that history.

Perhaps the most important difference between the policy strategies listed above and my approach is that it shifts from assuming that government will respond to the mere existence of a need and acknowledges the (unjust) reality that Indigenous interests must robustly and effectively advocate for the reforms they seek (probably over sustained periods).

It follows that the second level of action and engagement is for Indigenous interests to develop an independent, broadly representative, policy capable and well led advocacy organisation (or complementary set of organisations). None of the three policy agendas in the public domain have to my mind fully managed this.

The Mundine policy agenda in effect rests on the advocacy capabilities of the Centre for Independent Studies, other conservative advocacy entities (such as the Business Council and the Minerals Council) and a small coterie of likeminded Indigenous intellectuals. It has strong political support from the Liberal and National Parties.

Professor Peter Yu has established a new entity, the First Nations Economic Empowerment Alliance to advance the Indigenous economic empowerment agenda laid out in the Murru Waaruu Outcomes Report (link here and link here). The membership of the Alliance and its governance arrangements are as yet unclear, and it does not appear to have a presence on the web. Its funding is opaque.

The key advocacy mechanism driving Indigenous aspirations within the Closing the Gap policy agenda is the Coalition of Indigenous Peaks led by Pat Turner. The Coalition of Peaks includes some 80 peak bodies representing Indigenous organisations across virtually all social sectors. The depth of experience and representativeness of these peaks varies, with the mainstay being the longstanding and well organised National Aboriginal Community Controlled Health Organisation (NACCHO) representing some 145 Indigenous health organisations across all states and territories. Yet the Coalition of Peaks appears to be funded almost entirely by governments and given its role under the National Agreement it has limited staff in its secretariat.

The challenges facing both the First Nations Economic Empowerment Alliance and the Coalition of Indigenous Peaks are multiple: how to build and sustain policy capability; how to build and sustain widespread Indigenous support for the agenda being pursued; how to engage with governments while remaining financially and politically independent, and how to outlive the charismatic and capable leaders who brought them into existence. These challenges will inevitably need to address the inevitable ebbs and flows of organisational life. They must be prepared to operate in an environment of ongoing internal conflicts as new leadership aspirants vie for influence and power as well as potential external threat as governments (and oppositions) seek to influence and co-opt, with both the carrot and the stick. These pressures will be applied not just to the organisation, but (from time to time) will be directed towards individual leaders. Moreover, effective advocacy must manage and deal with the inevitable transitions and dynamic inconsistencies that mainstream electoral politics throws up, and which makes navigating these mazes high risk. 

The most obvious strategy for Indigenous interests is to build on institutional infrastructure established by the National Agreement on Closing the Gap by investing as much human, intellectual and financial capital as they can muster into building the long-term independence and sustainability of the Coalition of Indigenous Peaks. This entity has several obvious advantages: it has an established base across multiple sectors; it is a party to the National Agreement which while deeply flawed provides significant legitimacy with mainstream Australia; its senior leadership have deep experienced within government and are astute.

There is no reason why the First Nations Economic Empowerment Alliance should not seek to strengthen its footprint in the Indigenous public policy domain, however its focus and remit, directed to economic development is in my view too narrow for it to stand alone. That said, there are clear advantages in having more than one national advocacy body for Indigenous interests, just as there are several peak interest group entities representing mainstream interests.

The challenge for both the Coalition of Peaks and the Economic Empowerment Alliance is to step up to the next level. For the Empowerment Alliance, it is still in a nascent phase and lacks a track record. However, its existing members (to the extent that this is known) appear to be highly experienced and capable. For the Coalition of Indigenous Peaks, there seems to me to be a real possibility that a change of government at the Commonwealth level would bring a major reshaping (again) or even the abolition of the Closing the Gap process. If that were to occur, it would be a tragedy for the Coalition of Peaks to go the way of the National Aboriginal Consultative Committee and National Aboriginal Conference of the 1970s/80s, of ATSIC in the early 2000s, and of the National Congress of First Peoples a mere decade ago.

To be successful into the medium-term future, both the Coalition of Peaks and the Economic Empowerment Alliance will need to devise strategies to become financially independent of government and establish the transparent, coherent and robust governance structures that address the inevitable criticisms, from both within and beyond the Indigenous domain, that will question their legitimacy. Given the importance of recruiting the very best talent available, there is a case for broadening membership of each entity to allow individuals to participate in their governance. There is also a strong argument in favour of establishing two or three semi-autonomous divisions or entities under the Coalition of Peaks focussed on sub-sets of the institutional reform policy space: one option would be to establish a remote Institutions division/entity along with a social and an economic division/entity. Another would be to establish some geographical units to oversight developments in particular jurisdictions. These entities could have their own Boards, staff and resources. The rationale for such units is the need to build and sustain policy expertise and capability: it is just too ambitious to think that one set of staff can cover developments across the whole of government in nine jurisdictions.

Australia’s extant political settlement is determined by a dominant coalition of commercial, social and political interests. Those interests share an uneasy equilibrium which is built upon an array or assemblage of institutions that operate to distribute societal benefits to those included in the equilibrium. Indigenous Australians are over-represented amongst those citizens who are comprehensively excluded by the operation of multiple institutions, particularly in remote Australia. To reform those power structures, Indigenous interests’ only realistic option is to strengthen their capacity to advocate on policy and to progressively shift the shape of the institutional framework thought strategic alliances with other interest groups.

To achieve such an outcome, Indigenous interests need to develop a robust institutional reform agenda that aligns with the political and policy demands of the present and the near future. They must develop the independent organisational heft to engage robustly with existing interests across the breadth of Australian society, seeking out allies and contesting the agendas of opposing interests. Governments respond to the sustained advocacy of organised interests, especially when that advocacy is backed up by the threat of political consequences.

Conclusion

As I argued at length in Part one of this post, the Indigenous policy domain has been characterised by Institutional stasis over the last thirty years. To the extent that there has been institutional change, it has been to degrade and walk back previous institutional reform. There is no shortage of Indigenous political activism, but my point is that it will only ever be effective if it is informed by a conceptually sound Institutional reform agenda with a medium to long term horizon. This must be complemented by the organisational capability and heft to prosecute detailed policy arguments against those who either oppose or merely ignore the legitimate aspirations of Indigenous interests to be part of an inclusive society. If institutions matter, then addressing structural and system exclusion and disadvantage requires institutional reform. That is the mountain that First Nations leaders will have to climb to achieve their legitimate aspirations

 

23 October 2024

 


No comments:

Post a Comment