This world to me is as a
lasting storm
Pericles
Act 4, scene 1
What are the implications of the current crises for Indigenous
policy in the future? At a national level, the current health and economic
crises exude uncertainty at multiple levels. Neither governments, their health
and economic professionals, nor the citizenry at large have answers to key
questions: how long will the crises endure, where will the impacts fall most
severely, which demographic cohorts will be most severely affected; what will
be the most effective strategies to ameliorate adverse impacts, how will the
inevitable trade-offs between competing objectives be managed and determined,
and so on and so on.
In this post, I don’t wish to focus on the immediate
consequences, risks and even opportunities emerging as a result of the crises.
Others are doing this, and I don’t have anything substantive to add.
On the health front, I would point interested readers to
the NACCHO web site and their regular updates on the virus (link
here).
See also recent articles from The Conversation focussed on the health
implications of the crisis (link
here)
and some economic implications of the crisis (link
here).
On the economic front, the Treasury web site has a succinct
and accessible document outlining the economic consequences of the Covid19
pandemic and the Federal Government’s most recent response (link
here)
which they estimate at $189 bn over the forward estimates.
At the macro/mainstream level, governments have set in
train a rolling program of ever stronger health related precautions, including
constraints on immigration, internal movement, on assemblies in public places, and
on non-essential businesses, and are likely to extend to school closures in the
near future. These all have economic costs and consequences, and will over time
lose their effectiveness as the virus spreads within the community. They are
likely however to be difficult to remove once in place.
The economic measures are designed to counter the
macro-economic contraction of demand within the economy and to support the
resilience and capabilities of firms who
are being forced to lay off employees and reduce or cease trading activities.
While huge in historical terms, the size of this
intervention is likely to rise over the coming months. For example, it seems
likely that the Government will have to step in to further support or effectively
nationalise some or all of the nation’s airlines.
It is clear that notwithstanding the government’s
intervention, the nation is facing a recession this year. What is unclear is
just how deep and how prolonged it will be. A prolonged recession will itself
have severe social and health costs for the nation, including perhaps increased
mortality over the ensuing years, although there will be no obvious link
between economic contraction and individual morbidity and mortality outcomes.
Intuitively, these hidden costs and ramifications are most likely to fall on the
vulnerable within the Australian community.
What is also clear is that the nation’s policymakers have a
gargantuan and once in a generation policy challenge on their plate. The
politicians among them have an additional side dish of diabolical political
challenges to manage. The next federal election is due in mid-2022 (link
here),
so there is a strong likelihood that the Prime Minister will not call the next
election until the first half of 2022.
Given these sudden and largely unforeseen circumstances,
the question I wish to explore is what does this mean for Indigenous policy
into the future?
Perhaps we should first list the known changes and their
likely consequences, before moving to list the potential policy outcomes.
Known changes:
Indigenous communities and citizens are more likely to be
vulnerable to the virus, and to have higher adverse morbidity and mortality
outcomes . This is particularly the case in remote regions, but urban and
regional populations are also vulnerable. Offsetting this is the knowledge that
the Indigenous population is comparatively young, with the median age in 2016
being 23 years compared to the mainstream population median age of 34 years (link
here).
The virus appears less dangerous to younger cohorts.
The economic changes announced to date will allocate an
extra $10 bn or so into social security payments over each of the next two
years. To the extent that Indigenous citizens are over-represented amongst
social security recipients they will benefit more pro-rata than mainstream
interests from these allocations. They are likely under-represented in small
businesses and will thus benefit less pro-rata than mainstream interests.
Without a detailed study, the ultimate incidence of the stimulus in relation to
Indigenous interests is unclear; however it does not appear that economically
vulnerable Australians including Indigenous Australians have been given
preferential treatment in the stimulus package.
Potential policy changes:
The following points are largely speculative insomuch as
the future is fundamentally uncertain, and in current circumstances, even more
so. Nevertheless, there seems value in at least considering what might emerge from
the current crises in the Indigenous policy domain.
In terms of the Federal Government’s existing (or perhaps
more accurately pre-existing) policy agenda, there are three significant policy
reform initiatives in train: the development of new Closing the Gap targets in
conjunction with COAG and the Coalition of Peaks under a COAG Partnership
Agreement (link
here);
the development of proposals for an Indigenous Voice to Government; and the
implementation of a northern Australia policy agenda under the recently signed
Northern Australia Indigenous Development Accord (link
here).
A fourth policy agenda with the potential for significant policy implications is
the eventual Government response to the forthcoming Productivity Commission
report on an Indigenous Evaluation Strategy (link
here).
The Commission’s draft report is now scheduled for May 2020 (it was initially
to be released in February 2020), to be followed by a final report currently
scheduled for October 2020.
So how will each of these policy agendas now play out? My
own assessment is that there is likely to be delays across three of the four
agendas. Policy reform momentum will stall. The reasons are two-fold: the
difficulty in gaining policy attention from policymakers who will be consumed
with handling the implications of the health and economic crises; and the
difficulty of gaining attention from Indigenous citizens and others as they strive
to survive in increasingly difficult circumstances. A third, more cynical,
reason worth considering is that governments generally respond to pressure, and
in the absence of pressure, prefer the status quo to change. In a crisis,
pressure will shift from calls for medium and longer term reform to calls for
more immediate action. For all these reasons, the political incentives on the
Government will be to focus on managing short term measures, and this will work
against finding the time and resources to develop longer term policy reforms.
The Closing the Gap targets may well be the exception; the
federal Government has an incentive to substantially shift the policy goalposts
this year to avoid the reiteration of ongoing and deep-seated policy failure
highlighted in the annual presentation of the report to Parliament. Moreover,
the process of policy redesign is well advanced (albeit the details of the
discussion have not been made public) and has the support of the national
Coalition of Peaks. The Coalition of Peaks will be pushing for the target
changes to proceed if they are agreed and perceived to be substantive and
positive reforms. In a recent media interview (link
here), Minister Ken Wyatt went on the record
confirming that the process remains on track:
Patricia
Karvelas: Very briefly, Minister, before we end - the
2020 Close the Gap campaign report has been released today, and it's warned
that only systemic reform will make up for the harrowing failure of the last 12
years of government policy on Closing the Gap. It seems to me closing that gap
is ever more important as we now deal with the Corona virus. Are you still
working to deadline on changing those targets?
Ken
Wyatt: Yes, we are. And whilst we're
focussing on COVID 19 we're also continuing with business as usual. And this
means finalising the targets and then looking at what systemic commitment and
change must occur at all levels in order for us to close those gaps. We have to
do things differently. [inaudible] Closing the Gap, led by Tom Calma and then
endorsed by Prime Minister Rudd, was a great way forward, but we collectively
have not seen the systemic reform that would help achieve those gaps and close
them.
While both the Government and the Coalition of Peaks appear
to see benefit in the refresh process, I am wary and see significant risks as
well as opportunities (link
here). To date, there is inadequate information in the public domain to
enable a close assessment of the likely results of the refresh process.
The other three policy reform agendas appear much less
likely to be advanced in a timely fashion.
The process established to develop a National (and locally
constituted) Voice to Government (link
here)
appears cumbersome, with three separate committees tasked to consult and
develop proposals over a two phase process. Those Committees will find it
difficult to convene over the next three to six months, and even harder to
consult communities on the ground. The current schedule suggests that advice
will be provided to Government by the end of 2020, with no timeframe on the
Government’s own internal deliberations regarding how to proceed. I will be
amazed if the Committees advice is ready before mid 2021, and see little
prospect of the Government prioritising legislation or executive action to
establish such a Voice before the next election.
The Indigenous component of the Government’s northern
Australia agenda has been extremely slow to emerge. The Indigenous Reference
Group to the Ministerial Forum was appointed in December 2017, and in its most
recent meeting communique (link
here),
noted inter alia,
The IRG provided the
Ministerial Forum an update on the extensive work undertaken to investigate
access to capital, reform of the northern Australia Indigenous institutional
landscape, and improve opportunities to leverage and commercialise the northern
Australia Indigenous estate. This will help ensure that Traditional Owners can
fully use their land and rights holdings should they choose to support economic
development.
While the details of that work are not yet in the public
domain, there seems little evidence to date that the Government has been
serious about the structural reforms necessary to reshape the institutional and
policy landscape in northern Australia to deliver a step change in Indigenous
economic development outcomes. The likelihood that this will change in the
current crises seems remote, not least because the two ministers who designed
this policy architecture (Matt Canavan and Nigel Scullion) are no longer in
place. We may see some policy change at the margin, but this would be window
dressing. A close analysis of the Northern Australia Indigenous Development
Accord (link
here),
the centrepiece of the policy process to date, suggests that it is largely
process oriented: compare the proposed outcomes in clause 15, with the detailed
outputs in the attached Implementation Plan. It seems likely that the IRG will
continue to meet and the jurisdictional parties to the Accord will continue to
‘scope options’ and ‘engage constructively’ in working parties and the like,
but actual and tangible reforms are unlikely this side of the next election.
On evaluation of Indigenous policies, the Treasurer
requested the Productivity Commission to
develop a whole-of-government evaluation
strategy for policies and programs affecting Indigenous Australians. The
Commission will also review the performance of agencies against the strategy
over time, focusing on potential improvements and on lessons that may have
broader application for all governments.
Policy and program evaluation is a complex area, and I cannot
do it justice here. See this previous post (link here). I
expect the Commission will produce a detailed and comprehensive report, but it
seems unlikely that the Government will set aside the policy resources required
to institute the far reaching reforms to evaluation practice required to
improve policy and program performance across the board in a time of ongoing
crises. Nor do I think it is likely that the current Government will mandate
ongoing Productivity Commission reviews of all agencies evaluations strategies.
Let’s wait and see what the Commission recommends. The more robust its
recommendations, the more likely that the Government will sit on the report and
do nothing or little. In such circumstances, the existence of interrelated
health and economic crises will be the perfect excuse for inaction.
It is also worth considering some ‘blue sky’ Indigenous policy
ramifications of the dual crises we currently face.
On Constitutional recognition, the Government has been
consistently sceptical of anything with more than symbolic content. The
likelihood of any constitutional change agenda emerging over the next two years
appears close to zero. Indeed, the likelihood of a post-election / post-2022
constitutional reform agenda emerging must be assessed as much lower today than
may have been the case two months ago.
In terms of broad policy focus in the Indigenous domain, the
stars appear to be aligning for a shift towards a much greater focus on
Indigenous health issues. The Minister, Ken Wyatt has a long background in the
health sector. NACCHO, the peak body for Indigenous medical services is the
most effective peak body and First Nations advocacy body in the nation, ably
led by Pat Turner, an experienced ex-public servant, who herself has a strong background
in health sector issues. And of course, the political prominence of the impact
of the Covid19 virus will propel greater focus on wider health risks and issues
for Indigenous citizens, particularly vulnerable cohorts within the Indigenous
community.
Of course, the corollary of a shift towards health will be
shift away form focussing on other non-health policy sectors (such as land
rights / native title).
More speculatively, I suspect that the impact of the dual
crises, combined with the changing demographic shape of the Indigenous
population, will accelerate the importance of mainstream programs in the lives
of First Nations citizens. To the extent that Indigenous specific policy
agendas are left to languish, this will merely serve to reinforce this trend.
While Government rhetoric will not necessarily reflect this,
the reality is that mainstream institutions (the social security system; the
justice system; the child protection system; the disability support system; the
education system; the telecommunications system; the health system and the
nation’s finance system) already dominate and shape the lives of Indigenous
citizens much more than Indigenous specific policies and programs. Indigenous
advocacy is yet to appreciate this reality, and if, as I suspect, the current
crises represent a critical juncture which strengthen radically the influence
of mainstream institutions across the Indigenous policy domain, it will become
even more important that Indigenous leaders and peak bodies build the
capability to advocate across mainstream policy domains, and seek out common
cause with like minded mainstream advocacy bodies.
It is worth reminding ourselves that these crises will
inevitably have uncertain outcomes, and the policy responses of Governments,
both in the short and medium terms, will have unanticipated consequences. At
the micro level, the social and health costs of mental anguish will likely be
significant across the whole community. At the macro level, the potential for
social and political breakdown and unrest will rise. Vulnerable members of the
community (among whom First Nations citizens are over-represented) will be
particularly at risk in these uncertain times. The impacts of structural
inequality and exclusion are magnified in times of crisis.
Finally, it would be remiss of me if I did not turn my gaze
backward rather than forward. In particular, should governments have given more
attention to the risks of a pandemic, and more generally to the regularity of
crises. Or to put it another way, when I stated above that the pandemic was unforeseen,
was that in fact a reflection of poor and ineffective governance in relation to
a foreseeable and inevitable eventuality. Part of the issue is that public
policies are most effective when they operate as a neutral arbiter between
competing interests, including in relation to the risk of temporal trade-offs.
To the extent that policy is captured by special interests, it becomes much
less attuned to managing for wider societal risks.
In the Indigenous policy domain (and beyond), this is
reflected in a shift over the past two decades to privileging corporate over
community interests in terms of program delivery (eg in the realm of social
security). In turn, this opens up service delivery gaps when markets fail (eg
in the shallow coverage of providers within the disability sector).
One outcome of the current crises is that a much stronger
light will be shone on the risks and failures of recent policy settings in Indigenous
affairs (and beyond). Whether future governments will have the independence,
vision and political will to change course seems to me to be a moot point. One
of the comparative advantages First Nations communities and citizens have is
that there is widespread acknowledgement amongst the wider community and policymakers
that they do have particular and unique needs and aspirations. Looking forward,
this is a cause for hope that policy reforms and necessary reversals may be considered,
notwithstanding the myriad reasons for pessimism in what appears to be a once
in a century social, health, economic and political maelstrom.