Treaty-Truth Telling
2018 Garma Key Forum - Truth Telling SessionYingiya Mark Guyula
You cannot understand treaty until you first understand sovereignty
Please click here to watch the speech (YouTube)
Please click here to download the speech (PDF)
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Prince Charles asked to intervene on behalf of the Yolngu
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Prince Charles on Monday April 8th 2018 “visited the Buku-Larrnggay Mulka Arts Centre in the Northern Territory, where he met with Yolngu clan leaders and the Member for Nhulunbuy who asked him to intervene on their behalf and acknowledge their people's sovereignty.He was asked to take a strong position on the issue and was handed a letter stick to deliver to the Prime Minister of Australia."We have many difficulties with the Australian governments because they do not recognise our sovereignty," Member for Nhulunbuy Yingiya Mark Guyula MLA said."We need to correct this situation, for the sake of our children and their children, for our cultural survival - for our ancestors."Source: Prince Charles winds up Australia visit, Sydney Morning Herald, April 10th 2018
Yolungu Leaders Declare Sovereignty (PDF)
Prince Charles tours Nhulunbuy for sixth visit to the Northern Territory (ABC News)
Yolŋu Leader Gives Prince Charles A Treaty Letter Stick … And A Diplomatic ‘Middle Finger’ (Chris Graham in New Matilda)
Aboriginal Declaration of Sovereignty - meeting with Prince Charles (Tasmanian Times)
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Treaty Yeh, Treaty Now! Long March for 'Justice Thru Treaty' 26 Jan
“Calls for a Treaty were repeatedly raised by Aboriginal communities during the recent Constitutional Recognition consultations as a practical means to recognize Aboriginal and Torres Strait Islanders as the First Nation Peoples and to implement the structural changes required to establish self-determination. ... A Treaty sets a process to legitimately move forward in partnership between Aboriginal people and the Australian State.”Indigenous Peoples Organisation (IPO)
Flyer: Please click hereList of Speakers: Please click here
Treaty Talks Workshop on 23-25 January 2018
In the three days before the “Justice Through Treaty” march Aboriginal and Torres Strait Islander peoples will meet to discuss what we wish included in a national Treaty. Speakers and participants from every State will look at practical means to address self-determination, how we can support our communities to overcome the legacy of colonialism, poverty, racism and marginalization. For more information please click here.
Facebook Page: Justice Through Treaty
For other January 26th events: Please click here |
Time to end 10 years of Intervention in the Northern TerritoryStatement from eminent Australians
Statement of Eminent Australians on the continuing damage caused by the discrimination, racism and lack of justice towards Aboriginal and Torres Strait Islander peoples, exemplified by the continuation of the Northern Territory Intervention
While the Australian nation deliberates on the future of its relationship with the First Nations of this land, most Aboriginal and Torres Strait Islander peoples are focused on the continuing discrimination, racism and lack of justice, shown towards them by Federal, State and Territory Governments in so many areas.
Statement of Eminent Australians
The impetus for this statement lies with the ongoing profound disempowerment and destruction caused over the past decade and the three June 2017 statements of NT Elders, leaders and communities impacted by the Intervention:1. Laynhapuy Homelands Aboriginal Corporation Statement (Yananymul Mununggurr and directors)2. Mparntwe (Alice Springs) Stand Up 2017 statement3. Aboriginal people of the Northern Territory Statement impacted by the NT Intervention of 29 June 2017
Audio recording from the launch of the statement
Video recording from the launch of the statement (1h 54 min)
For further information and to view the 6 Individual speakers (shorter videos) click here |
Mining Royalties
Mining royalty payments and the governance of Aboriginal Australia
Distinguished lecture 2017Professor Ciaran O’FaircheallaighDelivered at Griffith University, South Bank campus, 9 August 2017
Please click here to download the lecture (PDF)
Further information:
ABC Big Ideas: Mining royalties and Aboriginal autonomy
McArthur River Mine Compensation Talks(in: NLC Land Rights News Oct 2017, page 12)
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Quest for Treaty: Yingiya's Bid for Parliament
Yingiya Mark Guyula, a Yolngu Elder, endorsed by the Yolngu Nations Assembly, makes a bid for the NT Parliament as an independent candidate. He stresses the importance of Treaty and the need for the Yolngu Madayin Law to be recognised.
As part of Treaty Awareness and Fund Raising Tour Mr. Guyula spoke at two events:
Geelong, 11 March 2016: Mr. Guyula spoke on the disempowering impacts of living under the ongoing intervention policies, the need of a Treaty for Arnhem Land and his contributions towards the book The Intervention: an Anthology
Melbourne, 12 March 2016: Mr. Guyula spoke on Madayin law and how his platform Treaty Now! will work.Please click here to read his speech
Please click here for further information (including videos) of the events.
Declaration of the Yolŋu Nations Assembly (Yolŋu Matha and English) on Sovereignty & Treaty |
Custodianship in the 21st Century
Jeff McMullen AM, presented the 15th Vincent Lingiari Memorial Lecture at Charles Darwin University, August 6th 2015.
Custodianship is one of the foundational concepts of the intellectual knowledge system of all of the First Peoples of this land. As a senior lawman, Vincent Lingiari was drawing on his grandfather’s connection to Gurindji country, reclaiming and asserting this core responsibility....Can we forge a treaty or treaties, recognizing the truth of the past and legally supporting a fair and just future? Can we rise above our doubts and flaws and in the 21st Century find the full expression of custodianship that Vincent Lingiari cherished?
Vincent Lingiari knew who he was and that this land held him close to its heart. "You can keep your gold. We just want our land back."
Please click here to read the full lecture
Interviews with Jeff McMullen: CAAMA, ABC and 104.1 Territory FM
Articles:Tony Abbott and White Australia: Lets's be serious about change'First Nations Telegraph' article (includes iconic pictures) |
Jeff McMullen with Jimmy Wavehill, just prior to delivering the 15th annual Vincent Lingiari Lecture at Charles Darwin University. |
Justice before Reconciliation -A conversation with Rosalie Kunoth-Monks
This video presents excerpts of a speech given by Rosalie on May 28th during a 2015 Reconciliation event, organised by Monash Reconciliation Group, Mt. Waverley. |
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The book In The Absence of Treaty is now available as PDF.
Please click here to download the book (1 MB).
Endnotes for the book updated October 2015
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Published by 'concerned Australians' |
The Intervention - an Anthology
In this historic anthology, award-winning writers Rosie Scott and Dr Anita Heiss have gathered together the work of twenty of Australian’s finest writers both Indigenous and non-Indigenous together with powerful statements from Northern Territory Elders to bring a new dimension and urgency to an issue that has remained largely outside the public radar.
Past Book launches:Redfern (NSW) – 1 July 2015, 6:30pmAshfield (NSW) – 9 July 2015, 6:30pmDarwin (NT) - 4 August 2015, 5:30pmParramatta (NSW) - 12 August 2015, 7:30pmGlebe (NSW) - 26 August 2015, 6pm for 6.30pmSydney (NSW) - 2 September 2015, 6:30pm for 7pmMona Vale (NSW) - 14 September 2015, 7.30pmFitzroy (VIC) - 24 September 2015, 11.30am - 1pmAdelaide (SA) – 8 December 2015, 6:30pmFremantle (WA) – 18 February 2016, 6pmGeelong (VIC) – 11 March 2016, 2pm - 3pm
Book reviews:Syndey Morning Herald (SMH)Linda JaivinArena Magazine No. 137, August-September 2015Michael O'Connor, AURORAElizabeth LhuedeJulie Wark
Book orders (via Booktopia)The Anthology can also be ordered from major booksellers.
The Honourable Alastair Nicholson AO RFD QC at the Fitzroy launch:
Speech by The Honourable Alastair Nicholson AO RFD QC (PDF)
Speeches and photos from the launches |
First Nations Women Speak out for Treaty
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Rt. Hon. Malcolm Fraser AC CH GCL 1930 - 2015
20 March 2015
‘concerned Australians’ is mourning the passing of Malcolm Fraser at the age of 84. Malcolm was a person of dignity and courage who showed tenacity and compassion in his commitment to racial equality and multiculturalism. He will be remembered as a true humanitarian and a good friend.
We offer our deepest sympathies and sincere condolences to his wife Tamie and family.
We are most grateful to him for the support he gave to the Aboriginal people in the Northern Territory over the last eight difficult years. He was a man of integrity who recognised injustice and was prepared to speak out for change. We were profoundly thankful for the support that he gave to the work of ‘concerned Australians’. |
Remote Community Closures
March 2015
Will You Help to Prevent a Crisis?
The Commonwealth’s commitment to Homelands and Outstations was surely sealed by the 1967 Referendum. How can it be then that the federal government can consider abandoning their long-held responsibilities by cutting essential funding to these especially vulnerable areas?
What is clear is that the Commonwealth knows full well that the consequences of the cuts will fall with brute force onto Aboriginal communities least able to defend themselves. Such behaviour is contemptible.
It is quite clear that state governments do not have the resources to simply replace Federal funding. Mr. Barnett in Western Australia has responded by indicating that he will close up to 150 remote Aboriginal communities by simply cutting off their essential services – water, power etc. Arrangements with the South Australia government are still to be determined but at this stage the outstations fear their fate will be similar to those in the West.
Please click here for more information.
Joe Morrison's comment in The Age: Remote communities aren't a utopian lifestyle choice but they are good for our people
Jon Altman: Homelands under the hammer, again, from the aspiring PM for indigenous policy
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Treaty Messages
9 February 2015
Treaties and Constitutional Recognition are both important issues. They are independent of each other. There is no particular order in which these important changes should be made.
"Canada has its centuries-old treaties, and more modern treaties today, and more recently, constitutional recognition of Aboriginal Canadians in the life and history of that nation."Mick Dodson, July 2007
Please click here for more Treaty messages |
The Advantages of Treaty
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6 December 2014
On 6 December 2014, ‘concerned Australians’ invited a group of some 50 colleagues and friends to join them for a discussion on Treaties.
Three of the attendees graciously agreed to share their views on the advantages of treaty. They were Bobby Nicholls, Aboriginal Partnership Officer at the Department of Health in Wangaratta and Co-Chair of the Traditional Elders Owners Land Justice Group, Gene Roberts who is now the Western Metropolitan Local Justice Worker for VALS, and Janet Turpie-Johnstone. Melbourne’s first Aboriginal Anglican priest, and currently working as an Aboriginal Equity Pathways Officer at the Australian Catholic University.
All three were enthusiastic in their belief that treaties would improve the lives of Aboriginal peoples across Australia and their establishment would be the only way by which Aboriginal culture could be protected. Janet feared that without treaties Aboriginal culture might not survive.
Please click here to read the full article. |
Bobby Nicholls, Gene Roberts and Janet Turpie-Johnson |
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Land Rights News - Northern Edition
December 2018August 2018May 2018Feb 2018Oct 2017July 2017April 2017Jan 2017Oct 2016July 2016April 2016
Please click here for general information
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A Discussion on 99-Year Township Leases
Featuring: Yirrininba Dhurrkay and James WapirinyIntroduction: David Suttle
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The Importance of Engaging Experienced of Cross-Cultural
Interpreters for all Negotiations with Indigenous Communities
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This article by Murray Garde flags lessons for all parties, including the NLC, which are involved in consultations with Aboriginal communities where English is far from being the predominant language.
Murray Garde is highly qualified for this assignment, and the NLC has total confidence in his expertise as an interpreter.
Linguists have taught us for a long time about the problems that arise from cross-purposes communication.
Murray Garde’s article demonstrates the value – indeed, in some instances, the necessity – of engaging an experienced cross-cultural interpreter for complex negotiations such as those that arise from profoundly important public policies that will have impact on the lives of current and future generations of Aboriginal people.
He has revealed the complexity of these negotiations and demonstrated that there are big holes in the understanding of Traditional Owners at Gunbalanya about the substance of negotiations so far towards the Commonwealth’s goal of securing a 99-year-lease over their community.
JOE MORRISONCEO, Northern Land Council
Please click here to read the article by Murray Garde |
The plan to undermine the Land Rights Actby Ian Viner AO QC
With the Commonwealth Government’s push for 99-year leases, the Forrest Report call for Aboriginal land to be privatised so as to be bought and sold, and attacks upon the Northern Land Council in particular over their defence of traditional ownership and their responsibilities under the Land Rights Act, the iconic 1976 Land Rights Act is under threat like never before.
Please click here to read the full article |
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Open Letter from Rev. Dr. Djiniyini Gondarra OAM in Response to
the Prime Minister’s Statement to The Australian
(see: http://www.smh.com.au/federal-politics/political-news/early-british-settlement-all-bad-for-indigenous-australians-tony-abbott-20140923-10ksdm.html)
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Open Letter from Rev Dr Djiniyini Gondarra OAM toTony Abbott, the Prime Minister of Australia
I would like to express my sincere gratitude to Tony Abbott, the Prime Minister of Australia for his courage in publicly acknowledging the terrible impact on Aboriginal Peoples as a result of early British settlement.
It is of extreme importance to us that we now work together for better outcomes and this can happen when a Prime Minister is prepared, as you have been, to recognise the pain and suffering that has taken place. This is a beginning point and we thank you for it very sincerely.
You say that we should be recognised as first class citizens in our own country. We believe this to be true and we also believe that determining our own future is our right. With your determined support we look forward to realising this in the not too distant future.
Your support for the recognition of Aboriginal Peoples in the Constitution is greatly welcomed and it is our wish that changes will also include provision of a framework for incorporating treaties as they are negotiated.
Rev Dr Djiniyini Gondarra OAM |
Archbishop Desmond Tutu Prays for Australian Aboriginal Peoples
On World Peace Day, 21 September 2014
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International Day of Peace
On World Peace Day 2014, I pray for the rights of the Aboriginal Peoples of Australia to determine their own destiny.
It is a severe indictment on Australia that many of its indigenous people still feel that their culture and dignity are being eroded, and that they continue to be treated as second class citizens – 42 years after the country signed the International Covenant on Economic, Social and Cultural Rights.
Aboriginal elders say that although the Aboriginal Land Rights Act of 1976 transferred control of much of the Northern Territory to Aboriginal peoples, the people never had the opportunity to draw true advantage from the land. They were ill prepared to deal with complex Western bureaucracies, and their efforts have been undermined by under-development and neglect.
The imposition of legislation generally known as the Northern Territory Intervention, in 2007 virtually stripped them of their voice.
Community councils have been closed down and management of many aspects of the peoples’ lives has been transferred to non-indigenous institutions. The exclusion of local Aboriginal perspectives from decision-making is directly eroding customs, laws, languages and land-use aspirations. Nearly 50% of the youth in detention in Australia are Aboriginal, although the Aboriginal population constitutes just 3% of the Australian population.
There are no first-class and second-class citizens on earth, just citizens; sisters and brothers of one family, the human family, God’s family. Our diversity is a Gift from God. It strengthens and enriches us.
All people, regardless of their looks, cultures and beliefs – including the Aboriginal Peoples of Australia – are equally entitled to dignity, to justice, and to the right to participate in decisions affecting their lives. I support those who have called for a Truth and Justice Commission for Aboriginal Peoples to lay bare the horrors of the past and, finally, commence a national healing process for all Australians.
More: http://nationalunitygovernment.org/node/1113
Other Links:
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Treaties
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The book A Decision to Discriminate is now available as PDF.
Please click here to download the book (3 MB).
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The National Indigenous Human Rights Awards 2014
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Parliamentary Joint Committee on Human Rights:Review of the Stronger Futures package of legislation
Source: http://www.openaustralia.org/debates/?id=2014-03-05.4.2
In the 43rd Parliament, our predecessor committee applied this approach to the examination of the Stronger Futures package of legislation, and used its 11th report of 2013 to set out its understanding of the concept of special measures and the circumstances in which special measures may be permitted or required under human rights law. In considering those measures described as special measures in the Stronger Futures legislation, the committee noted the importance of continuing close evaluation of such measures and concluded that the committee could usefully perform an ongoing oversight role in this regard. The committee recommended that in the 44th Parliament it should undertake a 12-month review to evaluate the latest evidence in order to evaluate the continuing necessity for the Stronger Futures legislation.
The committee has given careful consideration to our predecessor committee's recommendation and has decided to undertake a review of the Stronger Futures package of legislation, commencing in June 2014. The committee proposes to write to the minister and advise him of its intention to undertake this review, invite him to respond to the conclusions drawn by our predecessor committee in its 11th report of 2013 and alert him to the range of information the committee will seek from him and his department as part of the review. The committee proposes to report the conclusions of this review in 2015.
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Survey
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The Disallowance by the Senate of Regulations made under s28A
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Justice
“Justice will not be served until those who are unaffected are as outraged as those who are.”Benjamin Franklin
In an excellent article (SMH 2 March 2014) by long-time Aboriginal advocate, Sol Bellear, he suggests that reconciliation has failed. This leads me to ask the question, “What is the basis on which reconciliation might be delivered?”
While I regularly read of new opportunities that are being promoted for Aboriginal people under the banner of ‘reconciliation’ and I greatly applaud them, at the same time I wonder if we have confused the meaning of the word itself and whether this could be the root of Sol’s conclusion?
Please click here to read the full article from 'concerned Australians' |
Treaties
25 Jan 2014 - Yalmay Yunupingu calls for TreatiesYalmay’s speech in response to her husband, Dr M Yunupingu, being posthumously awarded the Companion of the Order of Australia
27 Jan 2014 - Warren Mundine on Treaties with Aboriginal Nations
28 Jan 2014 - Tony Abbott Open to Aboriginal Treaties
30 Jan 2014 - Yolngu Nations Assembly on Indigenous Treaties |
Changes to the Aboriginal Land Rights Act (NT) 1976
Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013 - F2013L02122
The new Regulation was registered on 12 December 2013. This was the last sitting day of Parliament for the year and means the changes will not come before Parliament before February 11, at the very earliest.
All information can be found at: www.comlaw.gov.au/Details/F2013L02122
The legislative instrument allows for Aboriginal Corporations to request that certain functions of the Land Councils be delegated to them. Where there is reluctance on the part of the Land Councils, the Minister is the final arbiter.
from: Explanation from the Regulation:
Subsection 28(3) of the Act provides that a Land Council may delegate certain functions and powers to an Aboriginal and Torres Strait Islander corporation.
Subsection 28A(1) of the Act provides that an Aboriginal and Torres Strait Islander corporation may apply to a Land Council for a delegation of certain Land Council functions or powers.
Subsection 28A(5) of the Act provides that a Land Council is taken to have refused to make a delegation if it has neither made nor refused to make the delegation within the period worked out in accordance with the regulations (or such longer period as is agreed by the Minister).
Subsection 28B(4) of the Act provides that an Aboriginal and Torres Strait Islander corporation may apply to a Land Council for a variation of an existing delegation to apply to all of the Land Council’s functions or powers that are delegable to the corporation, or to add specified delegable functions or power, or to add specified delegable functions or powers in relation to specified matters. |
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In the Absence of Treaty
This book explores the current inadequacy of the process used in engaging with Aboriginal people, which results in control slipping away from them. It provides concise but incisive account from recent reports about the reasons for the ongoing and growing frustration of many Aboriginal people in the NT. In doing so it hints at possibly the only solution - treaties.
Past Book launches:
Sydney – 28 January 2014, 6pm for 6:30pmMelbourne – 4 February 2014, 6pm for 6:30pm(in conjunction with a screening of John Pilger's film Utopia)Canberra – 6 February 2014, 5:30pm for 6pmDarwin – 13 February 2014, 5pm for 5:30pm(in conjunction with a screening of John Pilger's film UtopiaAdelaide – 13 February 2014, 6pm for 6:30pm(in conjunction with a screening of John Pilger's film Utopia - Tickets $5)Waurn Ponds (VIC) – 6 March 2014, 6:30pm for 7pm(in conjunction with a screening of John Pilger's film Utopia)Mona Vale (NSW) – 10 March 2014, 7:30pm (sharp)(in conjunction with a screening of John Pilger's film Utopia)Sydney - 5 April 2014, 1pm for 1:30 pm(book presentation in conjunction with a screening of John Pilger's film Utopia)Katoomba (NSW) - 12 April 2014, 12:30pm for 1pm(book presentation in conjunction with a screening of John Pilger's film Utopia)Ryde (NSW) - 28 June 2014, 1:30 pm(book presentation in conjunction with a screening of John Pilger's film Utopia)
Book review by The Hon. Alastair Nicholson AO RFD QC
To order the book please click here
Speeches and photos from the launches |
The Hon. Alastair Nicholson AO RFD QCAnswers Questions on 99-Year Leasesfrom Rosalie Kunoth-Monks OAM and Rev. Dr Djiniyini Gondarra OAM
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1. Government is asking some communities to agree to 99-year township leases. What are the implications of signing a 99-year lease?
2. Government states that the community will still own the land even though a 99-year lease has been signed. Can you explain this please.
3. How important to Aboriginal Peoples are the protections in the Land Rights Act?
4. Under current legislation we are able to support housing and business development in our towns. Why do you think Government is asking communities to agree to 99-year leases?
5. Our people have great difficulty in persuading Government to negotiate with us in a culturally appropriate manner – that is, talking with the senior law men of our communities. Can you suggest ways in which this can be achieved? |
Watch this video on YouTube |
Dismantling the Land Rights Act99 year leases
6 Nov 2013
Statement by Rev. Dr Djiniyini Gondarra OAM regarding MOUs on township 99 year leases
I express my deep concern at the actions of the Abbott Government as evidenced by the behaviour of the Minister for Indigenous Affairs, Senator Scullion, in hastily procuring MOUs on township leases for 99 years in Gunbalanya and Yirrkala in recent weeks. He is quoted as saying that this was part of a blitz to encourage other communities around the country to sign similar deals.
Please click here for the full statement
Article in the The Australian: Overhaul township leasing system, says Northern Land Council (18 Nov 2013)
Letter from Rev. Dr Djiniyini Gondarra to The Australian (22 Nov 2013)
Response from The Australian (23 Nov 2013)
22 Nov 2013
Interview with Dr Gondarra
NT First Nations leader calls for rejection of lease deals
27 Nov 2013
Rosalie Kunoth-Monks OAM in Conversation with
NITV News:
Mr Fraser is among a growing number of opponents to the plan [to take 99-year leases on communities] who say there has been little community consultation to date."If the government is wanting 99-year leases, it goes a long way to making sure Aboriginals can no longer control their own land" Mr Fraser said.
Please click here for the full statement
Other statements:
Unravelling the Aboriginal Land Rights Act (NT) of 1976 by Rita Camilleri
The 99-Year Lease Attack on the NT Land Rights Act by Ian Yule
NIT 4 Dec 2013 by Geoff Bagnall
Senator Scullion peddles De Soto in Arnhem Land by Jon Altman
Dismantling the Land Rights Act (NT) 1976 by Catholic Religious Australia
No 99 year leases - No oil and gas exploration say Arnhem Land clans by David Wood
Nigel Scullion responds to criticisms about the 99-year-leases by The Stringer
Coalition stirs the ghost of Jimmie Blacksmith by Tim Kroenert |
Anti-Poverty Week
October 2013
To coincide with Anti-Poverty Week, the following books produced by ‘concerned Australians’ are now available for download:
This Is What We Said (2010) - 3 MB
Walk With Us (2011) - 1 MB
NT Consultations Report 2011 (2011) - 13 MB |
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John Pilger’s film "UTOPIA"
October 2013
The Premiere of Utopia was held at the London National Film Theatre (BFI South Bank) on Thursday 3 October 2013. A large crowd attended the screening and many signed a message calling for Treaties to be negotiated between Aboriginal Nations and the Australian Government.
Utopia is John Pilger’s new feature documentary. In his new film Utopia, John says that until white Australia negotiates a genuine Treaty with indigenous Australia, it can never claim its own nationhood.
The launch of the film in Sydney will feature special screenings at the Museum of Contemporary Art (MCA) in Sydney, leading up to 'Australia Day' on 26 January 2014, followed by a cinema release across the country.
Further film screening: http://utopiajohnpilger.co.uk/screenings |
Community Living Areas
26th July 2013
We are advised through a statement on the website of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) that regulatory changes have been made to Community Living Areas in the Northern Territory.
This regulation Number 184 is made under the Stronger Futures in the Northern Territory Act 2012. (See ComLaw for details)
The explanatory Note states:
The Regulation modifies section 110 of the Associations Act (NT), as set out in Schedule 7 of the Regulation, and enables community living area landowners (both associations and Aboriginal corporations) to grant leases and licences for purposes consistent with the Northern Territory Planning Scheme without Northern Territory Ministerial consent if the grant is for a term of 10 years or less.
Purposes consistent with the Northern Territory Planning Scheme, including the following:
(i) commercial purposes, including a community store
(ii) purposes relating to infrastructure
(iii) public purposes, including the provision of essential services
See http://www.lands.nt.gov.au
This change was implemented following ‘consultations’ held between just fifteen selected Community Living Areas and Commonwealth Government representatives. There are more than a hundred Community Living Areas. The criteria for conducting consultations recommended by the Human Rights Commissioner (2010) and again recommended by the Parliamentary Joint Committee on Human Rights (2013) were not used and no transcripts have been provided. |
Parliamentary Joint Committee on Human Rights Report |
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June 2013
We learn from the Report that the Committee:
... sets out the committee's analytical framework for the assessment of human rights compatibility and addresses a number of issues of general relevance raised by the Stronger Futures package. It then goes on to apply this analytical framework to a number of the Stronger Futures measures on which the committee has decided to focus its comments: the tackling alcohol abuse measure, the income management measure, and the school attendance measure.
The report does not deal with the food security measures relating to the licensing regimes for food stores in certain areas, certain land reform measures, and amendments relating to the extent to which customary law may be taken into account in bail and sentencing decision, or restriction on access to pornography in certain areas.
Even with these limitations, the report reaches the conclusion that the Stronger Futures measures considered are unlikely to be ‘special measures’.
The committee is not persuaded by the material put before it by the government that the Stronger Futures legislation can properly be characterised as 'special measures' under the ICERD or other relevant human rights treaties.
The report identifies a series of concerns including the need to ensure the affected communities are engaged in the development of policy making and policy implementation processes, and are engaged in meaningful consultation – using the criteria as set out by the former Human Rights Commissioner, Tom Calma.
Ultimately, the report concludes:
The committee has indicated the importance of continuing close evaluation of measures such as these which are claimed to have a beneficial effect, and notes that the potentially disempowering effects of such measures also need to be taken into account in any assessment of human rights compatibility.
The committee considers that it can usefully perform an ongoing oversight role in this regard and recommends that in the 44th Parliament the committee should undertake a 12 month-review to evaluate the latest evidence in order to test the continuing necessity for the Stronger Future measures.
Please click here for the full report |
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Sixth Anniversary of the Intervention - 21 June 2013
Striking the Wrong Note
Aboriginal advocate Olga Havnen, in her Lowitja O’Donoghue oration, has asked a critical question. She asks what has been the psychological impact of the Intervention on Aboriginal people of the Northern Territory. It is surprising that so little attention has been given to this critical, yet in some ways tenuous, link before now.
Even before the Intervention began in June 2007, government had long planned a new approach to the ‘management’ of Aboriginal people in the Northern Territory. It was no longer part of government thinking that self-determination and Aboriginal control over land could be allowed to continue.Please click here to read the full document |
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Keeping Them Home
The most recent data shows that the number of children being moved into out-of-home care in the Northern Territory has just about doubled since 2007. Two-thirds of these children are being placed with non-Indigenous families away from their communities.
Elder Rev Dr Djiniyini Gondarra, as spokesperson for Yolngu Makarr Dhuni calls for this trend to be reversed by increasing family support services in communities. He has written to the Chief Minister of the Northern Territory, Adam Giles, asking him for his support.
Letter from Djiniyini Gondarra to Adam Giles
We would like to thank all those who also wrote to Adam Giles in support of Dr Gondarra’s request. Your sustained support for Aboriginal-managed family support and preventative services in communities in the Northern Territory is important.
What Did We Learn from “Bringing Them Home”?
The Guardian: We have to stop the creation of another Stolen Generation
The Australian: Keep care for kids 'within family'
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Community Living Areas (CLAs)
CLA Media Release by the governmentCLA Discussion Paper
Rather than providing certainty and support to Aboriginal people in Community Living Areas (CLAs) in the NT, the Federal Government continues its obsessive march to remove control from Aboriginal Peoples.
It is understood that current leases for CLAs need to be less restrictive, and there is evidence for this from some of the larger CLAs. The Federal Government, however, intends to use this opportunity to take control over future development in these areas through sections 35 (4) and 35 (5) to the Stronger Futures legislation which allow changes to regulations without consultation with owners and where their consent is not required.
Such loss of control will deny certainty for those living in CLAs and deny them the right to self-determination.
This is disgraceful legislation and in breach of Australia’s commitments under international law. The controls that have been set are arbitrary and there is no avenue for appeal.
The Stronger Futures Legislation on Land Reform
35 (4) Before making regulations for the purposes of subsection (1) in relation to a community living area, the Minister must consult with:(a) the Government of the Northern Territory; and(b) if the owner of the land that is the community living area requests to be consulted about the making of regulations for the purposes of subsection (1)—the owner; and(c) the Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976) in whose area the community living area is located; and(d) any other person the Minister considers appropriate to consult.
35 (5) A failure to comply with subsection (4) does not affect the validity of the regulations.
Submission by 'concerned Australians' on CLAs – April 2013Submission by 'concerned Australians' on Stronger Futures Land Reform - January 2012Disempowerment in NT Communities Driven by Arrogant Policy and Inept ProcessesList of Community Living Areas in the NT as shown on the FaHCSIA website
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A Decision to DiscriminateAboriginal Disempowerment in the Northern TerritoryThrough the use of direct quotation, this new book is an important historical record that focuses on the Senate Committee Inquiry into the Stronger Futures legislation. It shows how the Government decision-making process chose to ignore the views expressed by many Aboriginal people of the Northern Territory communities, in much the same way as has happened since colonisation.Past book launches:Sydney – 5 November 2012, 6pm for 6:30pmMelbourne – 7 November 2012, 12pm for 12.30pmCanberra – 13 November 2012, 5:30pmMurray Bridge (SA) – 16 November 2012, 7pmAdelaide – 9 December 2012, 2pmDarwin – 10 December 2012, 5:30pm(International Human Rights Day Celebration with Introduction to the book)Brisbane – 12 December 2012, 5:30pmBlackett (NSW) - 18 March 2013, 6pmMornington (VIC) - 12 April, 7 pm(including Film Screening ‘Our Generation’)Geelong (VIC) - 3 May, 2pmMona Vale (NSW) - 13 May, 7.30pm - 9.00pm(The book will be presented as part of the event "An update on NT Intervention")Mitcham (VIC) - 13 May, 7.15 for 7.30pm start – 9.30 pm(The book will be presented as part of the event "Human Rights and the Northern Territory")Shepparton (VIC) - 31 May, 6.30pm for 7pm start(The presentation includes video clips and opportunities for questions)Ryde (NSW) - 11 June, 6.30pm - 9.00pm(including Film Screening "Our Generation")Download the Book (PDF, 3 MB)Unfortunately hard copies of this book are no longer available.Instead you might want to consider ordering one of the following books:
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Djiniyini Gondarraat the Adelaide book launch
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Amelia Pangarte Kunoth-Monksat the Adelaide book launch
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Rosalie Kunoth-Monksat the Adelaide book launch
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Interview with Jeff McMullenon Blackchat Koori Radio 93.7FM with Lola Forester on 5 Nov 2012
with kind permission of Koori Radio 93.7FM |
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'concerned Australians' gratefully acknowledges the assistance of the
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Yolŋuw Makarr Dhuni(Yolŋu Nations Assembly)
Statement from the second Yolngu Nations Assembly meeting, Maningrida
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Stronger Futures and Associated Bills are Passed into Law - 29 June 2012
Response from the Northern Territory 27 June 2012:
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A Public Forum on the Northern Territory Intervention into Indigenous communities and the Stronger Futures legislation
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from top left: Prof Jon Altman, Barb Shaw,
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Incorporating the launch of Arena Magazine’s
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Press Conference on the Stronger Futures Legislation
in the Senate Courtyard at Parliament House, Canberra on 18 June 2012
Click here for the Statements made by Aboriginal, Church and Community Representatives
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Signing the Statement |
Yolŋuw Makarr Dhuni(Yolŋu Nations Assembly)
Statement regarding Australian Federal Government Stronger Futures Bills and Northern Territory Policies, to the Leaders of the Australian Federal and Northern Territory Parliaments
Click here for a copy of the Statement
Churches, Religious, Organisations and Reconciliation Groups
Calls to Abandon the Stronger Futures Legislation, and
Calls to Support the Yolngu Nations Assembly Statement
Click here for their Statements |
Launch of the report "Listening But Not Hearing"by the Rt. Hon. Malcolm Fraser AC CH
The report, based on transcripts of the 2011 Consultations, was prepared by Jumbunna Indigenous House of Learning and the Hon. Alastair Nicholson AO RFD QC. |
Audio recordings from the launch of the report on 8 March 2012
The Hon. Alastair Nicholson AO RFD QC (excerpts) (MP3)Former Chief Justice of the Family Court of Australia
The Rt. Hon. Malcolm Fraser AC CH (MP3)Former Prime Minister of Australia
Nicole Watson (MP3)Senior Researcher, Jumbunna Indigenous House of Learning, co-author of the report
The Hon Ian Viner AO QC (MP3)Former Minister for Aboriginal Affairs
The Hon. Frank Vincent AO QC (MP3)Provost of the Sir Zelman Cowen Centre, Former Chancellor, Victoria University
Click here for a copy of the report (PDF) |
From left to right:Ian Viner, Frank Vincent, Malcom Fraser, Nicole Watson, Alastair Nicholson |
The House of Representatives debates the Stronger Futures LegislationMonday, 27th February 2012 |
13 March 2012
Statement supported by 28 Leading Australiansis sent to Julia Gillard, Tony Abbott and Bob Brown calling on Government to Abandon the Stronger Futures Legislation
Names of Supporters |
Senate request for inquiry
The Selection of Bills Committee referred the Stronger Futures Bills to the Community Affairs Committee on 25 November 2011.
The reason for Referral/Principal Issues for Consideration:
The Effect of measures and implementation plans, evidence of community awareness / acceptance. Assessment of intended and unintended consequences.
(See Appendix 8 of the Selection of Bills Committee
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Senate Hearing at Maningrida 22 February 2012Watch this video on Vimeo
The above video is a compilation from the hearing (13 min).
Click here for the full recording of the hearing
Transcripts of the Senate Hearings:
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Stronger Futures Forumheld at Maningrida on21 February 2012
Aboriginal people from West, Central and East Arnhem Land give their views on the proposed Stronger Futures Legislation
Facilitator: Jeff McMullen
This video was produced by NITV(National Indigenous Television) |
NT Consultations Report 2011: By QuotationsConsultations took place in the NT between June and August 2011, at the request of government. Ten of these consultations were recorded and quotations from them are contained in this report.Launch & Press Conf. on the Stronger Futures legislation with
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Alice Springs Public MeetingAlice Springs Town CampsBagotDarwin Public MeetingGaliwin'ku |
KintoreManingridaMutitjuluYirrkala |
Videos from the Launch and Press Conferenceon the Stronger Futures legislation |
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From the Introduction-by Jeff McMullen |
Commentary on the Proposed Stronger Futures Legislation -by The Hon. Alastair Nicholson AO RFD QC |
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From the Commentary -by The Hon. Frank Vincent AO QC |
Opinion:
NTER Evaluation 2011
Prepared by 'concerned Australians' in November 2011
Click here for a copy of this document (PDF) |
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Cuts to Welfare Payments
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| Watch this video on YouTube | No More! Enough is Enough!Statement by Northern Territory Elders and Community Representatives
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Central Land Council, Kalkaringi, 26 August 2011 (PDF)
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Walk With UsAboriginal Elders Call Out to Australian People
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CHILDREN OF THE INTERVENTION - Aboriginal Children Living in the Northern Territory of Australia
Click here for a copy of this report (PDF)
This report is a complement to the report"Listen to Children - 2011 Child Rights NGO Report Australia"by the Child Rights Taskforce.The Child Rights Taskforce is a coalition of organisations committed to the protection and promotion of child rights in Australia. The co-convenors of the Taskforce are NCYLC and UNICEF Australia.Click here for a copy of the "Listen to Children" report (PDF) |
Aboriginal Leaders meet
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| Letter to UN High Commissioner for Human Rights
We would like to sincerely thank all who added their name to this letter to Navi Pillay, UN High Commissioner for Human Rights.
Just over 6,500 signatures were presented by Djapirri Mununggirritj to the Commissioner in Darwin on Friday 20th May.
Signatures were collected from every State and Territory and a large percentage were from NT towns and communities.
Letter to Navi Pillay (PDF) |
A Further Conversation with Elders
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From left to right: Dhanggal Gurruwiwi from Yirrkala, George Gaymarani Pascoe from Milingimbi, Rosalie Kunoth-Monks OAM from Utopia, Betty Pike, a Nyoonga woman from SW Australia, Miriam Rose Ungunmerr-Baumann AM from Nauiyu (Daly River), Djapirri Mununggirritj from Yirrkala, Rev Dr. Djiniyini Gondarra OAM from Galiwin'ku and Harry Jakamarra Nelson from Yuendumu |
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LOSS OF RIGHTS - the Despair of Aboriginal Communities in the Northern Territory
A submission to the UN Committee on the Elimination of Racial Discrimination by ‘concerned Australians’ August 2010
Prepared by Submission to the CERD by 'concerned Australians'
Click here for a copy of this report (PDF) |
Rev Dr Djiniyini Gondarra OAM and Rosalie Kunoth-Monks OAM with Australian Racial Discrimination Commissioner, Graeme Innes at the UN
Report by Rev.Dr Djiniyini Gondarra OAM and Rosalie Kunoth Monks OAM (LINK)Media Release by ‘concerned Australians' (DOC) |
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Australian Aboriginal people give their views on the Northern Territory Intervention - February 2010Download the book (3 MB)
Unfortunately hard copies of this book are no longer available.Instead you might want to consider ordering one of the following books:
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Conversation with Elders held at the Melbourne University Law School on 19 May 2010.Elders: Roslaie Kunoth-Monks OAM from Utopia in Central Australia Facilitated by well-known journalist, Jeff McMullen Conversation with Elders Transcript (DOC)
Click here for video with Elders night
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“Will They Be Heard?” – a response to the NTER Consultations June to August 2009
The Hon. Alastair Nicholson AO RFD QC
Larissa Behrendt, Professor of Law & Director of Research at Jumbunna House of Indigenous Learning, University of Technology, Sydney, and Theo Mackaay, General Secretary, Victorian Council of Churches
“Will They Be Heard?” Media Release (DOC)
“Will They Be Heard?” Report (PDF) |
"If you have come to help me, you are wasting your time. But if you have come because your liberation is bound up with mine, then let us work together."Lilla Watson and a group of Aboriginal activists in Queensland in the 1970s |
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2/11 Terrara Road Vermont VIC 3133
info@concernedaustralians.com.au |
'concerned Australians’, formed at the time of the NT Intervention, is an independent, human rights advocacy body with extensive networks that creates opportunities for Aboriginal voices being heard, especially those of the Northern Territory. |
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