Researching Australian Indigenous governance: a methodological and conceptual framework

This paper sets out the methodological and conceptual framework for the Indigenous Community Governance (ICG) Project on Understanding, Building and Sustaining Effective Governance in Rural, Remote and Urban Indigenous Communities. The paper describes the Project’s research aims, questions, and techniques; explores key concepts; and discusses the ethnographic case-study and comparative approaches which form the core components of the methodological framework. As an applied research project, the paper also considers the methodological issues inherent in participatory research, and for the dissemination and application of research fi ndings within Indigenous and policy arenas. The framework draws on the multi-disciplinary expertise of the project team in areas such as anthropology, political science, demography, policy and legal studies, linguistics, and community development

Jurisdictional devolution: Towards an effective model for Indigenous community self-determination

Over a decade ago the House of Representatives Standing Committee on Aboriginal Affairs and the Royal Commission into Aboriginal Deaths in Custody concluded that the essence of self-determination is the devolution of political and economic power to Indigenous communities. Self-determination was defined to mean Indigenous people having control over the ultimate decisions about a wide range of matters including political status, and economic, social and cultural development, and having the resources and capacity to control the future of their own communities within the legal structure common to all Australians. This paper proposes that the concept of jurisdictional devolution could provide a key framework for the practical implementation of self-determination at the community level for Indigenous Australians, and proceeds to examine the nature of the concept, its application, and the challenges and opportunities it presents. It argues that the concept of jurisdictional devolution can be used as an organising perspective or frame of reference. This enables us to develop a policy-relevant language with which to discuss the implementation of local-level self-determination, and connects theoretical propositions about inherent rights to self-determination, and the practice of achieving it in a workable form. The paper begins by developing an operational definition for the term 'jurisdictional devolution'. It then considers the question: why devolve? What are the imperatives for jurisdictional devolution, the likely advantages and benefits? The discussion focuses on practical design and implementation by examining the lessons that can be drawn from two case studies of devolution in the arena of welfare. The first is from the United States of America, where a process of welfare devolution to Native American Indian Tribes is in the early stages of implementation. The object of this case study is to extrapolate lessons and insights that can be applied to the design and implementation of a relevant Australian model.The second case study presents a preliminary proposal, developed by a central Australian community, for the future devolution of particular components of welfare jurisdiction. Against the backdrop of that broad comparative perspective, the paper proceeds to consider the factors that will be relevant in Australia for constructing a framework for jurisdictional devolution. A key issue is what might constitute the most effective and relevant Indigenous boundaries and units for devolution. To whom or what would jurisdiction be devolved? In other words, who constitutes the 'self' in self-determination? A 'geography of devolution' is proposed in the form of a flexible aggregation model-regionally dispersed, layered community governance-which has both community and regional elements. The paper concludes by drawing together these lessons, limitations and practical options in order to highlight the operating principles and types of strategic action that would need to inform the design and implementation of a workable framework for jurisdictional devolution in Australia

From Gove to governance: reshaping Indigenous governance in the Northern Territory

This paper attempts to identify the key challenges facing Indigenous people and governments in reshaping the architecture of Indigenous governance in the Territory, and considers some strategic options for a way forward. First, a brief historical background is provided to Indigenous governance and local government in the Northern Territory. It examines why the issue of Indigenous governance has become a focus for greater policy and public attention recently, and highlights the implications of historical and current policy changes for future governance arrangements. In the second part of the paper, more detailed attention is given to identifying and analysing the current challenges and issues that are influencing efforts to reshape Indigenous governance in the Northern Territory. The extent to which current initiatives address the broader attributes of strong governance is canvassed, and the solutions and processes involved are also examined. The key issues analysed include: • the state of community government; • the regionalisation of governance and service delivery; • the quest to establish a cultural match or process for governance; • the implications of Indigenous political aspirations and land rights for governance; • the suitability of the Local Government Act for future governance options; for future governance options; • the extent and role of governance education and capacity; and • the vexed issues of government funding and coordination. It is timely for the Northern Territory Government to comprehensively re-examine the suitability of current legislative, funding, development and training frameworks for Indigenous governance, and how these might be reformed to better support Indigenous initiatives to reshape governance. A number of options in these areas are canvassed

Toward an Aboriginal household expenditure survey: conceptual, methodological and cultural considerations

Government assessment of the appropriateness and impact of policies and related programs aimed at improving the economic well-being of Aboriginal people could be considerably enhanced by the analysis of Aboriginal expenditure data. The Household Expenditure Survey (HES) conducted by the Australian Bureau of Statistics (ABS) is the major source of national expenditure data, but the absence of an Aboriginal identifier means that data collected on Aboriginal households cannot be extracted. This paper examines the methodological and conceptual frameworks used in the HES and evaluates their applicability for obtaining Aboriginal expenditure data. The paper considers the nature of Aboriginal households and finds they are characterised by considerable fluctuations in membership, by dynamic life cycles and by significant variability in type and size. It is argued that the household, as defined by the ABS, is not the appropriate economic unit to be considered in a study of Aboriginal expenditure. The discrete economic units in many Aboriginal households do not necessarily share cash or resources. Rather, extra-household economic networks, usually between linked clusters of households, can be more significant determinants of expenditure capacity than intra-household economic organisation. Other factors such as the redistribution of cash and access to subsistence influence expenditure levels and patterns for many Aboriginal households. In conclusion, it is recommended that an Aboriginal expenditure survey would provide important data to assist policy makers understand the causes of Aboriginal poverty

Aboriginal unemployment statistics: policy implications of the divergence between official and case study data

Aboriginal unemployment in Australia has reached chronic proportions. Official 1986 Census data estimate the Aboriginal unemployment rate at 35.3 per cent, almost four times higher than the equivalent rate for non-Aboriginal Australians. This paper examines various official statistics on Aboriginal unemployment and their underlying definitional frameworks and methodologies. Comparisons are made with data from research surveys and case studies using a wide range of definitions. The paper concludes that official statistics significantly underestimate the true level of Aboriginal unemployment and obscure certain important characteristics of their labour force status. In particular, regional and community research studies report significant levels of long-term and 'invisible' unemployment and describe critical patterns of intermittent working and 'recycling' Aboriginal unemployment. Government policy and associated programs directed toward improving Aboriginal employment levels rely heavily on official estimates of Aboriginal labour force status. The Aboriginal Employment Development Policy (AEDP) is a major initiative to improve Aboriginal employment levels, with a key objective of achieving employment equality by the year 2000. The paper argues that census data used to formulate the AEDP's statistical goals fail to accurately reflect the true extent and nature of Aboriginal unemployment, jeopardising the validity of assessments of Aboriginal unemployment levels and undermining the effectiveness of AEDP programs. Alternative approaches to estimating the level and characteristics of Aboriginal unemployment are urgently needed and are considered in the paper's conclusion

ATSIC's mechanisms for resource allocation: Current policy and practice

This paper is the first of two focusing on resource allocation policy and practice in the Aboriginal and Torres Strait Islander Commission (ATSIC). The current approach to the distribution of funds is examined here, while CAEPR Discussion Paper No. 42 examines the potential relevance and implications of fiscal equalisation for ATSIC's future funding policy and practice. A review of ATSIC's current financial structure and powers forms the context for a wider consideration of the financial relationships evolving between the organisation's structural elements. In the complex budgetary process, ATSIC's existing functionally-based program structure is linked to legally specified funding roles. The budgetary procedures and related program framework are critically examined. The role of regional councils and regional planning are discussed and the implications of financial tensions emerging between councils are raised. The emerging relationship between ATSIC's Board of Commissioners, administrative arm and regional councils is posed as crucial, as is that between the newly-formed State Advisory Committees and councils. The paper considers the implications for ATSIC's current funding role of its representative regional structure, its program structure and emerging pressures towards decentralisation, arguing that ATSIC is in need of an integrated, holistic funding policy and procedures which link regional planning and service needs to national decisions about resource distribution

The cross-cultural validity of labour force statistics about Indigenous Australians

This paper considers the cross-cultural validity of standard social indicators with reference to the Indigenous population of Australia. Official indicators of the labour force status of Indigenous Australians, developed from 1991 Census data, are critically examined in terms of their methodological and conceptual bases, and in light of information from ethnographic field studies. The paper argues that while the indicators may be useful in highlighting broad socioeconomic disadvantage among Indigenous Australians, a range of cultural factors directly influence data collection and statistical outcomes, so that resulting indicators of employment and unemployment have significant shortcomings. In particular, the indicators are found to underestimate the extent of Indigenous unemployment and especially long-term unemployment, to display definitional ambiguity, obscure key characteristics of Indigenous involvement in the mainstream labour market, and ignore culturally-grounded economic decisions. However, these shortcomings of the labour force indicators are counterbalanced by the growing reliance by government and Indigenous groups alike, on the available markers of the continuing economic disadvantage of Indigenous people relative to other Australians. Finally, options are presented for expanding the accuracy and validity of official indicators. This paper considers the determinants of employment income for Indigenous Australians compared with non-Indigenous Australians. Ordinary Least Square (OLS) regression techniques are applied to 1991 Census data to consider the question: does the lower income of these Indigenous people reflect differences in their factor endowments (like education) rewarded in the labour market, or are they rewarded differently for the same set of endowments than are non-Indigenous Australians. The results show that the main source of lower incomes for Indigenous Australians was their smaller endowment of human capital characteristics. The paper concludes with a discussion of the policy implications of these results

'Working for CDEP': A case study of the Community Development Employment Projects scheme in Port Lincoln, South Australia

The Community Development Employment Projects (CDEP) scheme has been subject to a plethora of government reviews, but there are few published case studies of its operation in remote communities, and no accounts of urban schemes. This paper describes the organisation of the CDEP scheme in Port Lincoln, South Australia; one of the first urban CDEP schemes. The Port Lincoln scheme has been held up by both the Royal Commission into Aboriginal Deaths in Custody and by the House of Representatives Standing Committee on Aboriginal Affairs as an example of 'self-determination in practice', generating employment and training opportunities, and creating dramatic changes within the town. The Port Lincoln case study describes the organisational structure and practices developed by the urban CDEP scheme, considers the socioeconomic and cultural background within which it is operating, and presents a detailed examination of employment and other outcomes. The paper concludes with an assessment of national program and policy objectives informed by local outcomes and perspectives. This paper considers the determinants of employment income for Indigenous Australians compared with non-Indigenous Australians. Ordinary Least Square (OLS) regression techniques are applied to 1991 Census data to consider the question: does the lower income of these Indigenous people reflect differences in their factor endowments (like education) rewarded in the labour market, or are they rewarded differently for the same set of endowments than are non-Indigenous Australians. The results show that the main source of lower incomes for Indigenous Australians was their smaller endowment of human capital characteristics. The paper concludes with a discussion of the policy implications of these results

Indigenous land use agreements: The opportunities, challenges and policy implications of the amended Native Title Act

The provisions for Indigenous Land Use Agreements (ILUAs) under the Native Title Amendment Bill 1997 offer a significant opportunity to address the diverse land-use concerns of Indigenous Australians, resource developers, government and other stakeholders. They also provide a practical statutory pathway into the agreement process by affording a wide range of mechanisms and procedural options for: 'side' or ancillary agreements to the claim mediation process; negotiated settlements; future act agreements; land access and use agreements; co-management or partnership agreements; and framework, process and heads of agreements. They can be local or regional in their geographic coverage, operate as stand-alone or sequential to other agreements, and cover specific or multiple purposes. These characteristics should provide a practical foothold into the unknown territory of regional agreements, enabling a practical conceptualisation of how such agreements might be secured. The ILUA provisions offer a set of agreement-making mechanisms which are relatively user-friendly and potentially afford parties with: flexibility; greater legal certainty and enforceability; improved post-agreement implementation; and the development of preferred processes more attuned to cultural, social and economic realities. They have the potential to be: cost efficient and timely; sustainable; inclusive in their potential coverage of issues and parties; and productive of workable and just outcomes based on a practical interpretation of co-existence. The potential challenges and disadvantages include: the certification difficulties associated with identifying all persons with native title rights and interests entitled to be a party to an agreement, and the related difficulty of gaining their authorisation; the possible procedural complexity related to the objection process; the variable organisational role and increased workload responsibilities of Native Title Representative Bodies, and their future relationship with Prescribed Bodies Corporate; and the continuing oppositional behaviour of key stakeholders. New Federal Government taxation proposals may also act as a disincentive to the agreement process and increase transaction costs associated with the negotiation of agreements. Most important amongst the challenges to parties in obtaining equitable, just, timely and durable outcomes will be the need to: develop effective, professional Native Title Representative Bodies with high levels of negotiating skills and the organisational capacity to provide certification; overcome the debilitating effects of intra-Indigenous conflict which will always prove inimical to agreement; secure the active engagement and policy support of governments at all levels; and ensure adequate and co-ordinated levels of funding for all potential Indigenous and other parties

The fiscal equalisation model: Options for ATSIC's future funding policy and practice

The Aboriginal and Torres Strait Islander Commission (ATSIC) currently lacks integrated policy guidelines for its distribution of funds at regional, state and national levels. Smith (1993) examined ATSIC's existing financial powers and budgetary processes and argued that its financial objectives and the developing role of regional councils are hindered by the lack of funding policy and by an overly complex, functionally-based program structure. It was suggested that ATSIC needed a funding model based on distributive equity, where program expenditure would be allocated on the basis of relative need. The present discussion paper develops the analysis of ATSIC's current funding role, suggesting that future funding policy and practice should be focused at the regional council level and equitably account for relative levels of Indigenous socioeconomic disadvantage, as well as between Indigenous peoples and the wider Australian population. ATSIC is currently reassessing its methods for distributing financial resources to Indigenous organisations and communities and considering the relevance of horizontal fiscal equalisation. This paper examines the principle and methods of fiscal equalisation used by the Commonwealth Grants Commission and critically investigates its suitability as a future basis for ATSIC's allocation of funds to regional councils. While the paper is exploratory, it suggests that the principle of equalisation provides a potentially valuable distributive framework for ATSIC, but one which would require substantial modification. In conclusion, a number of issues associated with the use of equalisation are considered, including data management; implications for ATSIC's program structure; for government funding more broadly; and for ATSIC's potential co-ordinating role at the intergovernmental and interagency level