The Australian Greens are calling on the Minister for Indigenous Affairs, Jenny Macklin to explain her actions, as more worrying information about consultations with Aboriginal communities comes to light.

"I am extremely concerned by recent reports that the Minister appears to be ignoring legal advice that reflects the concerns I raised in the Senate last sitting about compulsory acquisition of Alice Springs town camps," said Senator Rachel Siewert today.

"We can see no way that compulsory acquisition of the town camp leases can be consistent with the Racial Discrimination Act (RDA), and we suspect the Government's lawyers will have told them the same thing."

There are three key reasons - (i) the need for 'informed consent' (ii) the requirements that measures be necessary and proportionate to their outcomes, (iii) and the special way land is treated under the RDA.

"For actions to be considered 'special measures' under the RDA they require the 'informed consent' and support of the particular groups and communities to which they apply - and the limited and stage-managed government 'consultation' process currently underway will not meet these standards," said Senator Siewert.

"Furthermore, it has to be shown that the compulsory acquisition of land is both necessary to deliver the proposed benefits (new housing, and benefits for health and safety) and is in proportion to the benefits to be delivered."

"However, with Tangentyere on the record supporting Commonwealth leases, but drawing the line at handing control of the housing to the Northern Territory housing authority, there is no way that compulsory acquisition can be said to be proportionate when there are other better tenancy management options on offer," she said.

"Indigenous land is a special case under the UN conventions on racial discrimination and Indigenous rights, and Section 10(3) of the RDA specifically excludes the alienation of land and management of Indigenous property rights by others without their full and free consent," said Senator Siewert.

"The only way that the Minister could hope to compulsorily acquire the town camps would be to do so deliberately before the RDA is restored, in full knowledge that such action would not be possible once it is back in place."

"Any move that sees an Australian Government deliberately flaunting the UN conventions in this way - holding the laws in abeyance so it can push through discriminatory actions - will meet with widespread international condemnation," said Senator Siewert.

Meanwhile other serious concerns with the manner in which the consultations to support minor reforms to the Northern Territory Emergency Response (NTER) have also come to light, with news that Aboriginal media have been excluded from the community meetings.

The Central Australian Aboriginal Media Agency (CAAMA) - who broadcast to over two thirds of the country and are the primary source of news and information for the communities affected by the NTER - were deliberately excluded from reporting on the community consultations in Alice Springs last week.

"In the lead-up, these consultations were advertised on CAAMA by the Government as public meetings, and those who were unable or found it difficult to get into town would reasonably have expected them to be broadcast or at least reported on."

"There needs to be a full and open process of community consultation and discussion on these important issues," she said.

"Limiting access to the meetings in this way, against the stated wishes of the participants on the day, will provide yet another argument against any claims the Government has obtained 'informed consent' for its measures."

"With all these factors taken into account, I wonder whether the Minister can keep the promise of restoring the Racial Discrimination Act in the September sitting of Parliament," concluded Senator Siewert.

For more information or media enquiries please call Tim Norton on 0418 401 180