A CRITICAL REVIEW OF THE CAPABILITY APPROACH IN

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A CRITICAL REVIEW OF THEC A PA B I L I T Y A P P R O A C H I N A U S T R A L I A NINDIGENOUS POLICYE. KLEINCentre forAboriginal EconomicPolicy ResearchANU College ofArts & SocialSciencesCAEPR WORKING PAPER NO. 102/2015

Series NoteThe Centre for Aboriginal Economic Policy Research (CAEPR) undertakeshigh-quality, independent research to further the social and economicdevelopment and empowerment of Indigenous people throughout Australia.For more than 20 years, CAEPR has aimed to combine academic andteaching excellence on Indigenous economic and social development andpublic policy with realism, objectivity and relevance.CAEPR is located within the Research School of Social Sciences in theCollege of Arts and Social Sciences at the Australian National University(ANU). The Centre is funded from a variety of sources, including ANU;the Australian Research Council; industry and philanthropic partners; theDepartment of Families, Housing, Community Services and IndigenousAffairs; and the Australian, state and territory governments.CAEPR maintains a substantial publications program. The Working Papersare refereed reports that are produced for rapid distribution to enablewidespread discussion and comment. They are available in electronic formatonly for free download from CAEPR’s website:caepr.anu.edu.auAs with all CAEPR publications, the views expressed in thisWorking Paper are those of the author(s) and do not reflect anyofficial CAEPR position.Dr Robert G. (Jerry) SchwabDirector, CAEPRResearch School of Social SciencesCollege of Arts & Social SciencesThe Australian National UniversityAugust 2015

caepr.anu.edu.auA critical review of thecapability approach inAustralian Indigenous policyE. KleinElise Klein is a Lecturer in Development Studies at the University ofMelbourne. She was previously a Postdoctoral Research Fellow at the Centrefor Aboriginal Economic Policy Research, the Australian National University.elise.klein@unimelb.edu.auWorking Paper No. 102/2015ISSN 1442-3871ISBN 978-1-925286-01-4An electronic publication downloadedfrom caepr.anu.edu.au .For a complete list of CAEPRWorking Papers, see caepr.anu.edu.au/publications/working.php .Centre for Aboriginal EconomicPolicy ResearchResearch School of Social SciencesCollege of Arts & Social SciencesThe Australian National UniversityAbstractThe capability approach has recently been used in Australian Indigenouspolicy formation. Of particular note is how it has been used in someinstances to justify current paternalistic and directive policies for IndigenousAustralians. These include behavioural conditionalities on state supportand income management—policy apparatuses that aim to create individualresponsibility and to re-engineer the social norms of Indigenous people.This interpretation of the capability approach is at odds with the writingsof Sen, because it overlooks the core concepts of freedom, agency andpluralism. To examine this tension, this paper reviews the contestationbetween capability scholars and commentators on Indigenous policy, payingparticular attention to four areas: human capability vs human capital, deficitdiscourse, individual responsibility, and the ends and means of policy. Finally,to reinvigorate the capability approach in Australian Indigenous policy, sixareas are suggested in which the capability approach could be used in thefuture.Keywords: capability approach, Indigenous policy, responsibility, freedom,agency, pluralismWorking Paper No. 102/2015   iii

Centre for Aboriginal Economic Policy ResearchAcknowledgmentsI would like to thank Professor Jon Altman, Professor Matthew Gray,Associate Professor Janet Hunt, Dr Jerry Schwab, Dr Julie Lahn,Dr Katherine Curchin, Dr Krushil Watene and Frances Morphy for their helpfulcomments on earlier versions of this paper.Acronymsiv  KleinANUThe Australian National UniversityCAEPRCentre for Aboriginal Economic Policy Research

caepr.anu.edu.auContentsSeries uction1The capability approach1Sen’s notion of freedom2Agency2Pluralism2Social structures, power and the capability approach3The use of the capability approach in Australian Indigenous policy4Human capability, not human capital4Deficit discourse and ‘lacking’ capabilities4Capability as individual responsibility6Ends justify the means—imposing preselected ‘basic’ capabilities7Reviving the capability approach to Indigenous policy in Australia8Analysing welfare-to-workfare policies8Analysing activation policies8Development as human flourishing, not economic growth and integration9Creating context-specific policy formations that regard Indigenous agency ascentral9Making the means as important as the ends9Creating multidimensional measures of Indigenous wellbeing10Conclusion10Notes10References11Working Paper No. 102/2015   v

caepr.anu.edu.auIntroductionThe capability approach has recently gainedsome prominence in Australian Indigenous policydiscussions and formulations. Of particular note ishow the approach has been used in some instancesto justify current paternalistic and directive policiesfor Indigenous Australians—specifically, the use ofbehavioural requirements relating to state assistance andcompulsory income management. These paternalisticpolicies aim to create individual responsibility and tore-engineer the social norms of Indigenous people.These sets of contemporary policies are situated withinwhat some describe as the current neoliberal andneopaternal swing of social policy in Australia moregenerally (Altman 2010, Neale 2013, Stanford & Taylor2013). Whereas paternalistic policies restrict a person’sliberty and autonomy for the sake of their own good(Deneulin 2002), neopaternalism is focused primarilyon soft power and shaping subjectivities, specificallyattempting to ‘control peoples’ patterns of behaviour inwhat are perceived to be their own interests’ (Buckmasteret al. 2012:18). A feature of both paternalistic andneopaternalistic approaches is that the ends justify themeans. Paternalism is in stark contrast to the capabilityapproach, where Sen and other capability scholarsactively eschew paternalism. Within the capabilityapproach, the means of policy is just as important as theends (Sen 1999, Alkire 2002, Nussbaum 2011).Although there is no definitive account of the capabilityapproach agreed to by all capability scholars, theconcepts of freedom, agency and pluralism underpinthe approach. That the approach has been implicated inwhat some suggest are paternalistic measures calls foran analysis of its interpretation in Australian Indigenouspolicy. I will argue that the interpretations of the capabilityapproach used in Indigenous policy in Australia haveoverlooked the core concepts of freedom, agency andpluralism, and are inconsistent with Sen’s account.To make such an argument, I will firstly provide anoverview of the capability approach. I will then discussthe use of the capability literature in Australian Indigenouspolicy, highlighting some of the tensions with capabilitytheory, and conclude by suggesting some avenueswhere a full reading of the capability approach could helporientate the policy landscape towards social justice andIndigenous self-determination.The capability approachThe capability approach is a normative evaluativeframework in which social arrangements should beanalysed for their ability to support capabilities. Itemerged after Sen (1979) showed how contemporarypolitical and moral philosophy writings on equality did notsufficiently answer the fundamental question ‘inequalityof what?’ In response to the works of John Rawls (1971),Ronald Dworkin (1981a,b), Thomas Nagel (1979) andThomas Scanlon (1988), Sen (1995) argued that normativetheories of justice, deprivation and inequality alwaysrequired the equality of something—equality of liberty,resources or utility. Sen’s argument was that focusingon equality in this way overlooked the heterogeneity anddiversity of people: the many different ways in whichequality can be judged. For example, by just focusing onparticular resources (e.g. liberty or economic resources),it was not clear that all people, given differing abilities,would be able to convert such resources into personalgain (Sen 1995).Sen instead proposed that social arrangements shouldbe assessed as human freedoms, where humanfreedoms are not just the achievement of functioningspeople value or have reason to value but also the abilityof people to pursue them in the first place. Functioningsare actual beings and doings people may undertake—forexample, being nourished, riding a bike, being educatedand being healthy. Capabilities are the real ability orfreedom to achieve sets of functionings—for example, theability to be nourished, the ability to be educated and theability to be healthy. Put another way, capabilities are thefreedoms people have to undertake doings and beings(functionings) they ‘value and have reason to value’ (Sen2009:276). Consequently, economic and social policyshould exist as ‘a process of expanding the substantivefreedoms that people have’ (Sen 1999:297).In this sense, economic advancement is only pursued asa means to the end of human wellbeing. This approachstands in contrast to other normative developmentapproaches that see human beings as ends to economicgrowth. Development as utility maximisation is alsoqueried within the capability literature (where utility isdefined as pleasure, desire or happiness), because utilitydoes not account for adaptive preferences and canbe restrictive when making interpersonal appraisals ofdeprivation or wellbeing (Sen 1995).The application of the capability approach in AustralianIndigenous policy has diverged from the broader corpusof the capability literature, which is founded on threecentral concepts: freedom, agency and pluralism. I willWorking Paper No. 102/2015   1

Centre for Aboriginal Economic Policy Researchdiscuss the use of freedom, agency and pluralism bycapability scholars, before going on to examine howthese three concepts have been interpreted differentlyin contemporary Australian Indigenous policy. Whatfollows illuminates how such different interpretationshave led to very different sets of policies. By highlightingthe conflicting interpretations, I aim to enable a moreaccurate application of the capability approach withinIndigenous policy in Australia.(Klein 2014), his commitment to process freedomsbeing at the heart of all processes of development andsocial change is significant. The proposition is that(Alkire 2008:29):social arrangements should be primarily evaluatedaccording to the extent of freedom peoplehave to promote or achieve functionings theyvalue. Put simply, progress, or development, orpoverty reduction, occurs when people haveSen’s notion of freedomWithin the capability approach, Sen defines freedom intwo distinct ways. Firstly, he explains the usefulness ofexpanding human freedoms through opportunities or the‘substantive freedoms’ (Sen 1999:3) that the membersof a society enjoy. Secondly, Sen defines freedomthrough empowerment and agency, which he calls‘process freedoms’ (Sen 2002:625). Process freedomsare the freedom for people to undertake initiatives theyvalue—it requires their agency. Process freedoms areimportant because they ‘enhance the ability of people tohelp themselves and also to influence the world, thesematters are central to the process of development’(Sen 1999:18). Sen also considers agency and systemicprocess freedoms such as public deliberation, and civiland political liberties to be central in creating socialchange, where the process of achieving such freedomshas intrinsic importance, independent of the outcome.Through defining freedom in these two distinct ways, thedistinction between achievement of outcomes and abilityto achieve outcomes becomes clearer. In the capabilityapproach, the means are just as important as the ends ofdevelopment and related policies.AgencyOften, policy is reduced to include just the realisation offunctionings (outcomes or beings and doings, as used bycapability scholars). Sen’s addition of agency means thatthe process of policy is just as important as the outcome.Agency to Sen means that there is freedom for peopleto achieve particular outcomes if they are desired andvalued. Sen (1999:53) states, ‘the people have to be seen as being actively involved—given the opportunity—in shaping their own destiny, and not just as passiverecipients of the fruits of cunning development programs’.Agency is the ability to act on values or, as Sen puts it,‘what a person is free to do and achieve in pursuit ofwhatever goals or values he or she regards as important’(Sen 1985a:203).Although Sen uses a narrow definition of agency, focusingmainly on agency that is purposeful and goal directed2  Kleingreater freedoms.When thinking about Australian Indigenous policy, thekey question from the capability approach lens becomes,precisely, how free are Indigenous Australians to live thelives they value and have reason to value?According to Sen (1999), agency applies to action atboth individual and collective levels. The individual levelrefers to an individual acting on what they value or havereason to value. The collective level refers to democraticdeliberation, public reasoning and collective movements.Sen calls for participatory public deliberation as beingfundamental, and a ‘procedural rather than a normativeresponse’ (Alkire 2002:143). What this means is thatinstitutions and structures need to be procedurally just,and not solely outcome focused. Consequently, there isa clear divergence between the capability approach andneopaternalistic policies within Australian Indigenouspolicy. The capability approach maintains that theprocess of policy is just as important as the outcome.PluralismHuman diversity is a driving force behind Sen’s initialwork on inequality. Following this, capability scholarsmaintain that processes of development should beplural and never uniform or predetermined, overridingthe needs of differing cultural and social contexts (seeSen 1995, Alkire 2002, Nussbaum 2011). In particular,Sen purposefully avoids articulating any specific set ofcapabilities, calling for the need for process freedomssuch as agency and public deliberation to help identifylists of capabilities for specific social milieus. Explicitly,Sen’s capability approach aims to only specify ‘a spacein which evaluation is to take place, rather than proposingone particular formula for evaluation’ (Sen 1988:18). ForSen, the whole notion of making value judgments bylisting important capabilities competes with the pluralismthat he values and defends.Notwithstanding, pluralism in the capability approachrests heavily on democracy, deliberative processes, andthe ability of groups and institutions to fairly compile lists.

caepr.anu.edu.auThe risk, of course, is that already marginalised voicesagain will be isolated in such a process. In the case ofIndigenous Australians, this is particularly poignant—it isprecisely the democratic institutions of settler society thathave continually colonised them (Wolfe 1999).Nussbaum takes a different approach to pluralism,whereby she argues that it is precisely because there is arisk that marginalised voices will be ignored by the widerpopulace in democratic processes that a broad list of10 universal capabilities must be identified. Nussbaum(2006) argues that her list of innate capabilities is broadenough to be relevant to all societies and cultures. Thelist includes the capabilities of life; bodily health; bodilyintegrity; senses, imagination and thought; emotions;practical reason; affiliation; other species; play; andcontrol over one’s environment. The applicability of sucha list, she argues, ‘isolates those human capabilities thatcan be convincingly argued to be of central importancein any human life, whatever else the person pursues orchooses’ (Nussbaum 2001:74). Yet Nussbaum, tryingto safeguard capabilities to ensure cultural and socialintegrity, and to ensure that the approach is as pragmaticas possible for policy makers, still risks paternalism(Deneulin 2002). By identifying what she sees as10 capabilities that are universally applicable, Nussbaumendorses a level of homogeneity within the capabilityapproach. This can be illustrated through the inclusion of‘practical reason’ as one of the universal capabilities. Thiscapability has strong roots in the western philosophicaltradition, and can exclude and compete againstother philosophies and world views (Robeyns 2003,Charusheela 2009).Furthermore, such a universal list brings up specificproblems relating to Indigenous justice in Australia.Altman (2009) illustrates the problems with universallists in Australian Indigenous policy by showing thatcreating lists runs the risk of privileging dominant andmainstream ideas of valuable beings and doings. Oneexample is the reduction of Indigenous wellbeing to anon-Indigenous set of socioeconomic indicators, asfound in current government policy frameworks. While auniversal list has pragmatic attractiveness and makes iteasy for policy makers to articulate specific capabilitiesto focus on, it would seem that Sen’s version of thecapability approach better reflects the ideals of agency,pluralism and freedom. Sen maintains that having auniversal list of basic capabilities misses the opportunityfor public deliberation and democratic process freedomsin compiling lists. This concerns Sen because, not onlyare the instrumental value and rights of those who willbe affected by the policy overlooked, so is the intrinsicvalue of including people in the processes affectingtheir lives (Sen 1999). Although many are sympatheticto Nussbaum’s approach, Sen’s version is most widelyapplied in development policy.Social structures, power andthe capability approachSen is not ignorant of the complexity between structures,culture and agency. He has written about the humanrights–based approach and the capability approachbeing mutually reinforcing (Sen 2005, 2009). Specifically,human rights can play a role in holding states andinstitutions to account by providing valued capabilitiesto the people they represent. For example, the UnitedNations Declaration on the Rights of IndigenousPeoples sets a standard to direct and hold democraticinstitutions in Australia to account. While many humanrights complement capabilities, in some cases processfreedoms in the achievement of such human rights canactually be overlooked (as some rights can be forcedon people). One such example of the possible tensionbetween the human rights approach and the capabilityapproach is the enforcement of the right to work,where people are coerced by welfare-to-work policiesinto employment.Although Sen has an implicit concern with power relationsand unjust social structures, caution must nonethelessbe used when applying collective process freedomssuch as deliberation and democracy. This is becauseunjust relations of power and social structures can bereproduced through collective process freedoms withouta full account and theorisation of societal structures,hegemony and power in the shaping of agency andsociety (Otto & Ziegler 2006, Zheng & Stahl 2011). Toput it differently, the racialised, liberal and economicconstitution of society tends to structure agents’ options,and hegemony acts to exclude other options (Gramsci1971, Laclau & Mouffe 2001). Critical social theories couldremedy such a dilemma and complement the capabilityapproach as they specifically focus on the structuralconditions of, and dialectic with, individual and collectiveagency. Moreover, critical social theory scholars focustheir research on how social structures and powerdynamics enable or restrict emancipation—that is,the discursive character of social structures that limitpersonal and collective freedoms (Zheng & Stahl 2011).Without such critical social theory, the pluralism andflexibility built into the capability approach ‘creates scopefor more casual and

The capability approach 1 Sen’s notion of freedom 2 Agency 2 Pluralism 2 Social structures, power and the capability approach 3 The use of the capability approach in Australian Indigenous policy 4 Human capability, not human capital 4 Deficit discourse and ‘lacking’ capabilities 4

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