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Sydney Harbour Bridge, May 2000 when almost 250,000 marched for reconciliation in the first of a series of marches that have taken place across Australia. Photo courtesy Black, White + Pink. |
An eight-member steering committee is to develop ‘Reconciliation Place’ in the Parliamentary triangle, at a cost of $5 million.
Prime Minister Howard is reported as promising that Reconciliation Place ‘will include a memorial and depiction of the removal of children from their families as part of the very difficult and traumatic experience of the indigenous people of this country.’
One proposal is that the place could be on the site of the tent embassy.
Australia in the dock again
In November the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment considered Australia’s belated reports on compliance with the international Convention on Torture, focussing on penal institutions. After hearing evidence from the Government and NGOs, the Committee’s report listed five points of concern and eight recommendations relating to prison conditions and the justice system.
The report made special mention of the situation of Aborigines in relation to the justice system. Mandatory sentencing and deaths in custody were key issues, and the Committee was the fourth UN body in 2000 to express concern at Australia’s mandatory sentencing legislation. (See article in ENIAR Monitor#2 for details). It recommended that the legislation be kept under review to ensure it met Australia’s international obligations under the Torture Convention and other international treaties.
The Committee also called on Australia to "continue its efforts to address the socio-economic disadvantage that ... leads indigenous Australians to come disproportionately into contact with the criminal justice system".
Other areas of concern in the Committee’s report included:
Australia was commended for measures already taken to address aspects of indigenous disadvantage.
The report was criticised by the Aboriginal and Torres Strait Islander Commission (ATSIC) for being too soft on Australia. ATSIC Chair Geoff Clark was reported as saying that there were two clear messages to Australia:
For more information on ATSIC visit their website at www.atsic.gov.au
Indigenous children losing out
Further criticism of Federal and State Government policies affecting indigenous people comes in an annual review of Australia by the charity Save the Children.
The report says "Australia's long history of displacement, murder, exploitation, discrimination against indigenous peoples, forced separation of indigenous children from their families and the removal of traditional lands has placed indigenous children in a most disadvantaged position.''
The report singles out for criticism mandatory sentencing laws in Northern Territory and Western Australia, juvenile justice and police harassment.
News from the land
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| Richie Ah Mat, Chairman of Cape York Land Council, at the Sea of Hands, Lincoln's Inn Fields, London, 6 July, 2001. |
Almost 200,000 hectares of the former Silver Plains pastoral lease on the east coast of Cape York Peninsula has been returned to its traditional owners, the Kaanju, Umpila, Lama Lama and Ayapathu peoples. A Trust is being established to manage the land and decide upon its future use. Part of the area will become a nature reserve.
Chairman of the Cape York Land Council Richie Ah Mat was reported as saying that return of the land was the result of co-operation between the State Government, traditional owners and the Cape York Land Council.
Rights to the largest single piece of land yet determined by consent under native title were acknowledged as belonging to the Spinifex people of Western Australia’s Great Victoria Desert by Chief Justice Michael Black.The determination was based on agreement between the Spinifex people, the WA Government and the local shire.
Justice Peter Gray has ruled that the Larrakia people should be recognised as the traditional owners of the Cox Peninsula across the harbour from Darwin. Justice Gray found six of the claimants had satisfied the definition of ‘Aboriginal traditional owners’ under the NT Land Rights Act.
The claim was lodged 23 years ago and is believed to be Australia's longest running and most bitterly fought land claim. But the final decision rests with Federal Aboriginal Affairs Minister Senator Herron, who has said he had to weigh Mr Gray's recommendations against the detriment to others which might result from accepting the claim..
World heritage
The United Nations World Heritage Committee met in Cairns in November/December. On its agenda was consideration of the impact of uranium mining on Kakadu, after indigenous and green groups succeeded last year in nominating the park for in-danger listing. Federal Government claims that mining poses no risk to Kakadu National Park's world heritage values continue to be rejected by traditional owners of the Jabiluka mine site. The subject remains on the Committee’s agenda until it is satisfied that the government is doing enough to protect Kakadu’s natural and cultural values.
The Australian Government continues its efforts to downgrade UN expert bodies and NGOs and to enhance the powers of governments. Strong international opposition was aroused by an Australian proposal to the Committee aimed to prevent World Heritage sites being considered for in-danger listing without the approval of the relevant government downgrade the status of scientific, cultural and environmental advisory bodies and restrict monitoring of the care of World Heritage sites to government agencies.
Indigenous groups from Australia, Solomon Islands, Canada and New Zealand held a forum to plan for increased indigenous input into the management of world heritage listed areas.
To find out more about the Jabiluka mine site,, and its effect on the traditional owners visit the web site of the Gundjehmi Aboriginal Corporation at: www.mirrar.net
News in brief
Charles Perkins dies
ATSIC Commissioner Charles Perkins, a key campaigner for Aboriginal rights and former head of the Federal Department of Aboriginal Affairs, died of renal failure in October aged 64.
No stranger to controversy, he was an outspoken figure who provoked debate on race relations and other issues among both Aboriginal and non Aboriginal Australians.
New political party
In a controversial move, Maurie Ryan Jarparte has announced his intention to form the Aboriginal Political Party and contest the Northern Territory’s new second Federal seat of Lingiari.
Aboriginal health.
The Australian Medical Association (AMA) has acknowledged that the health status of indigenous Australians remains the worst in the developed world and appears to be getting worse. The Association held a national conference in Darwin in November to discuss Aboriginal health.
The National Aboriginal Community Controlled Health Organisation has withdrawn from the National Aboriginal and Torres Strait Islander Health Council in protest against the Federal Government's lack of consultation over proposed revisions to the national Aboriginal health strategy.
Stolen generations
The appeal is likely to be heard in February against a Federal Court ruling in Darwin that the Commonwealth was not liable for the applicants’ pain and loss suffered when they were removed from their families as children. (See last issue page 2). It appears that the Commonwealth’s first line of argument will be that the time in which the two members of the Stolen Generations can take legal action has expired.
CHOGM countdown
ENIAR patronMargaret Reynolds was in London briefly in November and met Sue Darling to talk about events and plans. As Chair of the Commonwealth Human Rights Initiative Margaret is playing an active role in the run-up to the Brisbane CHOGM in September 2001.
Aboriginal law and justice
WA is the first state to attempt to incorporate Aboriginal law into the judicial system. The WA Law Reform Commission is to investigate traditional forms of punishment under Aboriginal customary law with a view to incorporating Aboriginal law into Western Australia's criminal and civil justice system.
Appearing on an assault charge in a Queensland District Court, Denis Walker argued that since he had already been dealt with by tribal law it would be double jeopardy to try him before a white jury. He also argued that any jury should come from his tribe's original area. The case was adjourned until this month.
Aboriginal art
The first Oxford Companion to Aboriginal Art and Culture was launched in Canberra in November. It contains contributions from more than 300 indigenous and non-indigenous writers.
In UK and Australia the statistics tell the same story:
See
Action point issue 2
Thank you to all who wrote to their MP to ask them to sign Early Day Motion, ‘Centenary of Australia’, tabled by MP Jeremy Corbyn on July 6th 2000.
There has been a very favourable response.
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ENIAR volunteer pulling pints, Glastonbury 2000 |
A big thankyou to all our volunteers
Most of ENIAR’s funds are raised by volunteers working in the beer tents at Britain’s beer festivals.
A big thank you to all the volunteers who have helped over the last 3 years. We could not have continued without you.
If you would like to be a volunteer at this years’ festivals please contact ENIAR.
For more information send for ENIAR fact sheets:
Please email us for a mailing address.
visitors to Australia
support and experience Aboriginal tourism
for information links and guides in
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ENIAR MONITOR ISSUE NO. 3
WINTER 2001 
