Land Rights under attack
Forum marking UN Human Rights Day
Tuesday, 9 December 2014 - 6pm
Trades Hall, 337 Sussex St, Sydney
Jeff McMullen will give a talk about an extraordinary land grab now underway.
For more info: please click here
The plan to undermine the Land Rights Act – by Ian Viner
Ian Viner was Minister for Aboriginal Affairs in the Fraser Government (1975- 1978). He still practises as a barrister in Perth, and retains a keen interest in Indigenous issues.
Here is his take on the Government's push to obtain 99-year township leases on Aboriginal owner land in the Northern Territory.
http://www.concernedaustralians.com.au/media/Ian_Viner_Plan_to_undermine_Land_Rights_Act.pdf or click here for the full article
This article is extremely important and topical as there is a move to 99 year whole of township leases [over Aboriginal townships] in the NT. It is also relevant as we remember the passing of Gough Whitlam who led the path to inalienable land rights - now under threat like never before. Gough is highly respected amongst all Aboriginal peoples.
http://tasmaniantimes.com/index.php?/weblog/article/the-plan-to-undermine-the-land-rights-act/
Radio Adelaide - Move to privatise Aboriginal land – 31 October 2014
The iconic 1976 Land Rights Act which gives communal land ownership to the traditional custodians of the land is under threat. …
https://radio.adelaide.edu.au/move-to-privatise-aboriginal-land/
ABC - Land Rights Act "undermined" by leases – 30 October 2014
The Federal Government has been touting a new form of leasing agreement between traditional owners and Canberra as a way to encourage commercial development and home ownership for indigenous people in the Northern Territory. …
(Known as "township leasing", the arrangement allows the Federal Government to lease land back from traditional owners for 99 years)…
http://www.abc.net.au/radionational/programs/drive/land-rights-act-22undermined22-by-leases/5855470
The Importance of Engaging Experienced of Cross-Cultural Interpreters for all Negotiations with Indigenous Communities
… 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 MORRISON, CEO, Northern Land Council
For the full article: please click here or here
Land Rights News – Northern Edition 3 -Land Rights under attack
Aboriginal land rights in the Northern Territory and Native Title rights across Northern Australia are under attack on several fronts, all in the name of promoting economic development, home ownership and employment. …
…the NT Government’s real agenda may well lie in a draft of its submission which was mistakenly sent to ABC News. In that draft, the very first recommendation read: “At the very least there needs to be capacity to compulsorily acquire ALRA land for government/strategic purposes (Territory government including independent agencies and authorities, and local government).” …. This primary recommendation had been omitted from the final submission to the Select Committee which the NT government had published online.
http://www.nlc.org.au/land-rights-news/publication/land-rights-news-northern-edition/
The Australian - Malcolm Fraser demands inquiry into land rights handling - 15 October 2014
FORMER prime minister Malcolm Fraser, whose government in 1976 enacted the first legal protection of Aboriginal land rights, has called for an inquiry into the legislation similar to the 1970s Woodward royal commission. …
He said the inquiry should also examine issues around 99-year leasing of Aboriginal land, which he said he strongly opposed because it was tantamount to converting the land to freehold….
http://www.theaustralian.com.au/national-affairs/indigenous/malcolm-fraser-demands-inquiry-into-land-rights-handling/story-fn9hm1pm-1227090557646
The Australian - Land rights push ‘a risk to vote’, say elders - 14 October 2014
... a push by NT Chief Minister Adam Giles to “stop talking about land rights and start talking about economic rights”. …
Mr Giles and his NT colleagues have repeatedly railed against ¬existing land rights legislation. He and former deputy Dave Tollner have called for the act to be reformed; a draft government document made public suggested new powers for the territory to forcibly acquire Aboriginal land. ….
http://www.theaustralian.com.au/national-affairs/state-politics/land-rights-push-a-risk-to-vote-say-elders/story-e6frgczx-1227089330814
The Guardian – The worker’s weekly - CLP wants in on the Act
Don’t let NT take over Land Rights: Viner - 3 September 2014 - Issue #1654
Ian Viner AO QC, the Federal Minster for Aboriginal Affairs in the Fraser government who introduced the Aboriginal Land Rights (Northern Territory) Act in 1976, is totally opposed to the idea that the Commonwealth should surrender the Act to the Northern Territory. …
the purpose of the Land Rights Act was not primarily for economic development. That may have been a secondary outcome. Certainly, it was always foreseen that land ownership opens up economic opportunity, but the primary purpose was to grant title.
“It’s wrong to say the Act was introduced for economic purposes. If you look at it only in economic terms, it’s easy to say, change the law of ownership and open the land up to being bought and sold. …
… the Land Rights Act was a national responsibility and should stay a national responsibility, certainly at this stage of history when the NT is still only a territory of the Commonwealth. …
So-called land reform can only mean two things: Seeking to destroy Aboriginal freehold title and, two, taking away from Aboriginal people control over their own lands, subverting what Woodward and the Land Rights Act was all about.
“It would be terribly wrong if the Land Rights Act was patriated (to the Northern Territory).
“A Territory government could smash the whole basis of land tenure and change provisions to deal with mining. They could drive a train through the Act.”
Having said that, Viner said he was also fearful about what the Commonwealth government has done to the Act since its enactment. …
“The Aboriginal people of the Northern Territory have reason to distrust any government – either Northern Territory or the Commonwealth – and have to be extremely vigilant against all governments trying to weaken the Land Rights Act and take even greater control over the lives of Aboriginal people and governance of their communities.”
http://www.cpa.org.au/guardian/2014/1654/04-clp-wants-in-on-act.html
http://nationalunitygovernment.org/content/land-rights-act-must-not-go-territory-original-policy-architect
The Australian - Nothing for Aborigines in Scullion’s manoeuvres - 20 August 2014
… By removing powers from the statutory authorities of the land councils, Scullion will undermine the collective authority of traditional owners over huge tracts of land. This collective ownership is the Aboriginal way; Tjukurrpa defines our relationships with the land. These relationships will be diminished by the government attitude of divide and conquer. …
http://www.theaustralian.com.au/opinion/nothing-for-aborigines-in-scullions-manoeuvres/story-e6frg6zo-1227029853648
CLC - Opinion piece: Communal title no obstacle for Aboriginal home ownership – 11 February 2013
… Aboriginal people live all over the Northern Territory, not just on the half that is Aboriginal land. So why hasn’t home ownership been taken up on the rest of it if land rights is the problem? …
The key to increasing economic development across Aboriginal lands does not lie in abolishing the customary tenure system; it lies in adapting this system to resolve any specific and genuine problems with the consent of the landowners. …
Let’s clear another myth out of the way right now: it has always been possible for individual leasehold interests to be granted on Aboriginal land to build houses …
http://www.clc.org.au/media-releases/article/opinion-piece-communal-title-no-obstacle-for-aboriginal-home-ownership
ABC - Traditional owners farewell Gough Whitlam at the site of the 1975 Wave Hill hand back - - 22 October 2014
… Gurindji elder Michael George said that as a mark of respect Gurindji people would now refer to the former prime minister as "kulum Whitlam".
Kulum is a traditional word used as mark of respect for the deceased.
"This great man helped us get better wages, health, education and housing, and most importantly, gave us our land back," he said.
http://www.abc.net.au/news/2014-10-22/duguragu-wave-hill-traditional-owners-farewell-gough-whitlam/5834272
Senate debates Monday, 27 October 2014
Condolences Whitlam, the Hon. Edward Gough, AO, QC
… Mr Whitlam was a unique and sincere man. In his time as prime minister, Mr Whitlam was a friend to Aboriginal Australians. He always acted in a direct and determined way to resolve the issues. The Bark Petition started the move towards land rights, but Mr Whitlam's leadership brought it to life and made it real. He was a true friend of the Yolngu people. …
The two things I really want to talk about are the impact Gough had on the country's first nations people, which led to land rights and the defence of all people with the introduction of the Racial Discrimination Act. Gough was a friend of the Northern Territory and, as I have previously indicated, a very close friend of Aboriginal Australians. He was one of the first to reach out to Aboriginal Australians and say we are equal. …
Gough visited the tent embassy and promised that when elected he would legislate Aboriginal land rights. He kept his word, at least in the Northern Territory, where he had Commonwealth authority. For Aboriginal people across the country, Gough Whitlam was our giant among former prime ministers. He was the first leader to campaign so openly for us. During his short term in office he and his government made momentous decisions to include Aboriginal people within the fabric of the nation. …
What Gough really understood was that the Aboriginal people have a deep spiritual connection with the land. Every Aboriginal child has a relationship not only with people but also with their environment—the land, the animals, the plants, the skies, the waters, the weather and the spirits. Just like a human mother, the land gives us protection and enjoyment and provides for our needs economic, social and religious. We have a human relationship with the land. …
… we have seen just last week the Northern Territory Country Liberal Party clearly outline their intention to forcibly take away land from Aboriginal people. It absolutely repulses me that this can be happening when we should be looking at a shared vision for this country. This is why the battle will continue. This is why we cannot and we must not let our guard down or believe that the liberties that we enjoy today will never be threatened. We must never cease or tire in our pursuit of justice and opportunity for all. We all owe it to Gough and we owe it to all Australians. …
http://www.openaustralia.org/senate/?gid=2014-10-27.17.1
CLC - CLC mourns true champion of land rights – 21 October 2014
… “The Aboriginal Land Rights Act Mr Whitlam was preparing to bring in before he was sacked is again under attack from all the usual suspects,” Mr Ross said from Kalkarindji, where Mr Whitlam poured dirt into the hands of the father of land rights, Vincent Lingiari.
“It is doubly sad for this great man to leave us just as his most enduring achievement is once again under threat.” …
http://www.clc.org.au/media-releases/article/clc-mourns-true-champion-of-land-rights1/
Rosalie Kunoth-Monks, NT Australian of the Year 2014
"The message will always be the same: that first nations people are assisted in real terms to take their place in the 21st century.
"Once you take away the identity and the language and the land we are lost, and where are we placed in the socio-economic setting of our lands? That's my constant desire, that Australians really care about the unique culture that has been here for many thousands of years.". …
http://www.sbs.com.au/news/article/2014/11/05/kunoth-monks-nt-australian-year
Galarrwuy Yunupingu, Yothu Yindi Foundation chairman and Gumatj clan leader
Mr Whitlam was a unique and sincere man. In his time as prime minister, Mr Whitlam was a friend to Aboriginal Australians. He always acted in a direct and determined way to resolve the issues. The Bark Petition started the move towards land rights, but Mr Whitlam's leadership brought it to life and made it real. He was a true friend of the Yolngu people.
http://www.openaustralia.org/senate/?gid=2014-10-27.17.1
Nova Peris
The two things I really want to talk about are the impact Gough had on the country's first nations people, which led to land rights and the defence of all people with the introduction of the Racial Discrimination Act. Gough was a friend of the Northern Territory and, as I have previously indicated, a very close friend of Aboriginal Australians. He was one of the first to reach out to Aboriginal Australians and say we are equal.
http://www.openaustralia.org/senate/?gid=2014-10-27.17.1
Patricia Turner, an Arrernte and Gurdanji woman
Gough visited the tent embassy and promised that when elected he would legislate Aboriginal land rights. He kept his word, at least in the Northern Territory, where he had Commonwealth authority. For Aboriginal people across the country, Gough Whitlam was our giant among former prime ministers
http://www.openaustralia.org/senate/?gid=2014-10-27.17.1
Nova Peris
What Gough really understood was that the Aboriginal people have a deep spiritual connection with the land. Every Aboriginal child has a relationship not only with people but also with their environment—the land, the animals, the plants, the skies, the waters, the weather and the spirits. Just like a human mother, the land gives us protection and enjoyment and provides for our needs economic, social and religious. We have a human relationship with the land. …
As an Aboriginal woman, as a Territorian and also as a traditional landowner, I am grateful for what Gough's vision has done for all Australians. The Racial Discrimination Act is not just about Aboriginal people. Through it, Gough protected so many hundreds of thousands of people who now call this place home. As we heard, Gough was a visionary, he was ahead of his time, and we must never lose sight of that. We cannot go backwards as a country. We have to maintain his vision. …
…we have seen just last week the Northern Territory Country Liberal Party clearly outline their intention to forcibly take away land from Aboriginal people. It absolutely repulses me that this can be happening when we should be looking at a shared vision for this country. This is why the battle will continue. This is why we cannot and we must not let our guard down or believe that the liberties that we enjoy today will never be threatened. We must never cease or tire in our pursuit of justice and opportunity for all. We all owe it to Gough and we owe it to all Australians.
http://www.openaustralia.org/senate/?gid=2014-10-27.17.1
Mr Ross, from Kalkarindji, where Mr Whitlam poured dirt into the hands of the father of land rights, Vincent Lingiari.
… “The Aboriginal Land Rights Act Mr Whitlam was preparing to bring in before he was sacked is again under attack from all the usual suspects,”…
“It is doubly sad for this great man to leave us just as his most enduring achievement is once again under threat.” …
http://www.clc.org.au/media-releases/article/clc-mourns-true-champion-of-land-rights1/
Malcolm Fraser
…“I wouldn’t trust the Northern Territory administration in relation to Aboriginal affairs. Protection of Aboriginal interests in the future is just as important as it has been in the past.”
http://www.theaustralian.com.au/national-affairs/indigenous/malcolm-fraser-demands-inquiry-into-land-rights-handling/story-fn9hm1pm-1227090557646
Gurindji Elder Michael George
"This great man helped us get better wages, health, education and housing, and most importantly, gave us our land back," he said.
http://www.abc.net.au/news/2014-10-22/duguragu-wave-hill-traditional-owners-farewell-gough-whitlam/5834272
Gough Whitlam, 16 August 1975 (at the handback of Gurindji land)
“Finally, to give back to you formally in Aboriginal and Australian law ownership of this land of your fathers. Vincent Lingiari, I solemnly hand to you these deeds as proof, in Australian law, that these lands belong to the Gurindji people and I put into your hands this piece of the earth itself as a sign that we restore them to you and your children forever.”
http://blogs.crikey.com.au/northern/2014/10/22/the-gurindji-people-farewell-that-jangkarni-marlaka/
Gough Whitlam (in his 1972 election campaign speech)
"All of us as Australians are diminished while the Aborigines are denied their rightful place in the nation."
http://www.smh.com.au/federal-politics/political-news/indigenous-people-pay-respects-to-whitlam-the-prime-minister-who-cared-about-them-20141104-11guaz.html