ENIAR MONITOR ISSUE NO. 4
SUMMER 2001
Welcome to Issue 4 of the Monitor, and to ENIAR’s new website www.eniar.org. Many thanks to Paul Canning for a brilliant job. Like most small voluntary organisations, getting the website together has helped us focus on two key areas of activity: raising awareness of Aboriginal issues in Europe, and helping Aboriginal organisations access the international and European organisations and funding which may help promote their cause.If you want to help or if you are an Indigenous Australian person visiting Europe and would like assistance,contact us by email, post or visit our website. And please do send us your comments about our new website.
New moves towards a Treaty
ATSIC chairman Geoff Clark launched a new push for a treaty between indigenous Australians and the Government during Centenary of Federation celebrations in May. A high level committee has been set up by ATSIC to develop and conduct a public awareness campaign aimed at encouraging Australians to support a treaty that recognises indigenous people as Australia's first peoples and to create a fairer society.
Although he had encouraged indigenous people to take part in this week's centenary of Federation celebrations, Geoff Clark said they had little to celebrate from the past 100 years. In response, ATSIC has launched a booklet ‘Treaty: Let's Get It Right’, which explains the purpose and potential impact of a treaty. ATSIC plans to obtain broad indigenous endorsement for a treaty process, after which it will lead an indigenous campaign for treaty negotiations.
A Government spokesman said a treaty was inappropriate for Australia because a treaty was an agreement between two nations brokering peace after war. The government preferred to speak of "practical reconciliation", and was already talking with indigenous communities about what they wanted and what they needed as part of that process.
The Australian Council of Trade Unions (ACTU) marked Sorry Day by supporting calls for a treaty as the next step in the reconciliation process.
More information see:
UN Special Rapporteur on Indigenous Peoples
The 57th United Nations Commission on Human Rights meeting in Geneva, convening from March 9 to April 27, has established a Special Rapporteur for the Human Rights of Indigenous People by consensus. The resolution was co-sponsored by Mexico and Guatemala, and required strong lobbying of member and non-member governments of CHR to gain groundswell support.
The report of the recent Sydney Indigenous regional meeting for the WCAR, 20 - 22 February 2001, recommended the appointment of a Special Rapporteur for Indigenous Peoples, at paragraph 72. This report was brought to the attention of governments during consultations at CHR.
Neva Collings representedFAIRA and ATSIC, delivering interventions under agenda item 15 on Indigenous Issues, and made a short statement supporting the excellent speech of Senator Aden Ridgeway at the special theme day on tolerance and diversity, reiterating his call for a Special Rapporteur.
The Indigenous issues agenda item 15 was pushed back to 9pm on Thursday 12 April before the long weekend. Consequently representatives of NGOs made their interventions when many governments were not present in the room, such as Australia. In turn Governments made their statements the following Tuesday morning when most Indigenous representatives had gone home. Kenneth Deer made a plea for this to be avoided in the future, noting that the cost of traveling to Geneva is enough without having to then staying an additional weekend.
The Chair of the CHR made a commitment to ensure that at 58th session of CHR the Indigenous issues agenda item is scheduled earlier in the week to avoid being pushed back if the meeting is running behind time.
Under the Indigenous issues agenda item Australia expressed the view that "until the permanent forum is established, we consider it premature to establish any new mechanisms in this area, such as the Special Rapporteur on the Human Rights of Indigenous Peoples. We see no need for such a mechanism and consider that to establish it would divert valuable time and energy away from the work required to establish the Permanent Forum".
On 24 April resolution L63 for the Special Rapportuer was adopted by consensus. The rapporteur will have a 3 year term and a budget comparable to other rapporteurs to enable country visits on invitation.
Immediately following its adoption Governments made clarifying remarks reiterating the positions put forward in prior consultations. For example the issue of duplicity of existing mechanisms was raised and the need to await the review of Indigenous mechanisms.
The statement of the United States Government was joined by Australia and clarified its decision to join consensus. It supported the resolution "with the expectation that the Working Group on Indigenous Populations will focus its next session on how best to hand its work to the Permanent Forum. The WGIP has had a successful history. However with the establishment today of a new Special Rapporteur, the imminent start of the Permanent Forum and the continued work of the Working Group on the Draft Declaration, the US believes the Working Group on Indigenous Populations had fulfilled its mandate."
India represented the Asian Group and said it is "premature to set up such a mechanism" on the grounds of duplicity and the need for a clear definition of indigenous peoples. The Asian Group supported the resolution on the "understanding that in the discharge of his or her mandate, the Special Rapportuer will take fully into account the diversity of views existing on the issue of the definition of indigenous people and the scope of application of his or her mandate and act in broad consultation with concerned countries".
The establishment of a Special Rapporteur is a significant step forward and creates an active investigative mechanism for the enforcement of human rights of indigenous peoples. This will compliments the existing Working Group on Indigenous Populations and the Permanent Forum for Indigenous Populations. Furthermore the Declaration on the Rights of Indigenous Peoples will be strengthened when adopted. The next step is who to appoint to the new position.
For more information on UN Office of High Commissioner for Human Rights visit their website at www.unhchr.ch
Journey of Healing
 Following the solidarity bridge walks last year, all Australians were invited to join in the Journey of Healing to mark Sorry Day on 26 May (anniversary of the report ‘Bringing Them Home’).
The continuing Journey of Healing, initiated in 1999 by members of the stolen generations in response to Sorry Day, aims to help those whose lives have been shattered as a result of the forced removal policies. Hundreds of events have brought communities together and implemented locally recommendations of the Bringing Them Home report.
Now, at the request of members of the stolen generations from every state and territory, the Journey will focus on the families and communities left behind, which are largely in rural and remote regions.
“The focus has been on those of us who were removed,” said Heather Kemarre Shearer, from South Australia, one of the Journey’s initiators. “Now it is important for our families and communities to have the opportunity to speak, share and heal.”
News from the land
Mirruwong-Gajerrong case continues
The Mirruwong-Gajerrong case, involving a large area in WA’s Kimberley region, continues to break new native title ground. The case was first lodged in 1994 and is the first native title case to go right through the appeal system. The trial judge found for the Aboriginal peoples, but the Full Court reversed the decision two to one on appeal, with Justice North dissenting. The High Court decision is expected to clarify the law, including what constitutes native title, how connections with the land can be established and how they can be extinguished.
Wanjina Wunggurr Williggin claim
Another large Kimberley claim, Wanjina Wunggurr Willinggin, is under way, involving 67,000sq km, 2000 claimants and 64 clan areas.
Protected area in the Northern Territory
Over 92,000 hectares of land on Arnhem Land’s Gove Peninsula have been declared the Northern Territory's first indigenous protected area (IPA).Under the agreement, traditional owners will play a lead role in conservation management working to protect marine turtles and monitoring feral animals.
Cotton plans
Traditional owners of land S of Broome, the old Kimberley pearling port in the NW of WA, are opposing reported plans for large scale cotton plantations. Moves to dam the Fitzroy River, allegedly to permit development of cotton in the Kimberley, were put on hold after combined opposition from traditional owners and environmental groups.
Yorta Yorta claim rejected
In February a majority full court decision of the Federal Court rejected an appeal by the Yorta Yorta people against the 1998 rejection of their native title claim. But the claimants were heartened by a dissenting opinion by Chief Justice Michael Black, who said the original judgement had applied too restrictive an approach to the concept of what was "traditional" when it found that native title expired before the end of the 19th century.
The Yorta Yorta claim sought use, occupation, habitation and possession of 2,000 square km of Crown land and waters along the Murray River across the New South Wales/Victorian border, It failed in December 1998 when Justice Howard Olney determined that native title did not exist over the claim area, on the basis that the tide of history had "washed away" the Yorta Yorta's traditional laws and customs.
Rubibi group win Yawuru native title
In only the second court finding of native title in WA, Federal Court Justice Ronald Merkel ruled on 29 May that native title existed over a 121 hectare ceremonial law ground on an Aboriginal reserve South of Broome.
The Rubibi group, a coalition of native title claimants in the region, brought the claim on behalf of the Yawuru people. After mediation failed, the case was heard in Broome last October.
The Federal Court ruling was welcomed by Patrick Dodson as spokesman for the Yawuru people and by the new WA Government, who referred to the need for negotiation and mediation rather than court action. Efforts are being made to adjourn court action on additional claims around Broome to permit further negotiations.
Native title over Torres Strait Islands
On 23 May negotiations resulted in a Federal Court determination of native title for the Torres Strait Kaurareg people over seven islands, from which they were removed 79 years ago. It covers land above the high-water mark on the islands.
The Queensland Attorney-General said that the Queensland Government had resolved 15 out of 16 native title claims through negotiation - the exception was the historic 1992 Mabo decision.
For further information contact the National Native Title Tribunal www.nntt.gov.au
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Eniar goes on line
(text: Paul Canning)
I've been a website designer since 1996 and the reason I got into it comes from my first real encounter with the Internet. I was editing (and designing and doing most everything else) for a Sydney HIV/AIDS magazine whose readers were extremely interested in masses of specialist information. But we were getting it from magazines from the States and it came - slowly - by boat. Suddenly here was the latest - that hour - information and, possibly more importantly, debate.
My first site was for a community based health initiative where we recruited artists and performers. I wanted it documented and could see in 1996 how the Net could increase the event's presence and encourage work and discussion about some difficult issues.
This is the job that eniar.org has been set up to do. I know from my years online about the practical impact the Net can have for campaigning organisations. We can now get the news out immediately (sign up to our email list if you're not on it already!). We can - like Green Peace campaigners - use it as virtually our own 'TV station'. We can network with each other via the Net. We can let the world know much more easily than previously what we're up to.
eniar.org has only just been launched but with members of the group gradually being trained to manage it, with the skills spread around, the site can enable eniar to be more than a small number of people having a limited impact. Anyone, anywhere in the world can now easily find out all about us and - more importantly - get directly involved with the issues.
If you have any thoughts or ideas about the new website, don't be shy - let me know. You can reach me via
Check www.eniar.org. out today!
News in brief
Reconciliation
The inaugural Co-Chairs of Reconciliation Australia are Ms Shelley Reys and Mr Fred Chaney. (Details in the last Monitor.)
Contact details for Reconciliation Australia: Tel: 02 6295 9266, Fax: 026295 0855; Address; PO Box 4773 Kingston ACT 2604. Website: www.reconciliation.org.au.
WA elections - One Nation active
Geoff Gallop replaced Richard Court as premier of WA after Labor returned to power in Western Australia with a surprise swing of over 5%. The Labor victory seems largely due to the unexpectedly high vote for Pauline Hanson’s One Nation party, whose preferences ensured victory for the ALP. This was One Nation's first electoral outing in WA and they are reported as getting up to 30% support in some rural areas.
Aboriginal MP in Western Australia
Carol Martin won the Kimberley seat for Labor in the WA State election. She becomes Australia’s first Aboriginal woman MP and was given the unprecedented honour of replying to the Governor’s address at the opening of Parliament.
National Sorry Day Committee chairwoman Audrey Kinnear will stand for election to the Senate as an Independent this year. If elected, she would become the first Aboriginal woman in Federal Parliament.
The Australian Reconciliation Party (ARP), the country’s newest political entity, has launched itself to the Australian public. The party is in the early stages of establishment and plans to field Senate candidates at the forthcoming elections.
Website: http://www.songlines.org.au/;
E-mail: arp@songlines.org.au.
Ku Klux Klan
The Ku Klux Klan, represented in Australia since the 1970s, has been active in Queensland and NSW. The Queensland Government plans to introduce legislation banning racial vilification.
Sorry
Labor leader Kim Beazley said he would say sorry if he formed a government.
Aboriginal magistrate
Aboriginal barrister and solicitor David Imlah has been appointed stipendiary magistrate to Kalgoorlie Magistrate's Court, making him WA’s second indigenous magistrate. First Aboriginal magistrate was Sue Gordon, who serves in the Children's Court.
National Museum
More than 100 years after the idea was first mooted the National Museum of Australia has finally opened in Canberra. It can hardly help being controversial given conflicting views of Australia’s history.
Youth advice
Fifteen young Aboriginal Australians have been chosen for the first National Indigenous Youth Leadership Group, to advise the Federal Government on issues affecting them.
Critical Amnesty Report
Amnesty International’s annual assessment of Australia states that Australia's human rights reputation was at a "historic low".
Among Amnesty’s concerns were the Federal Government’s failure to recognise past wrongs against Aborigines, opposition to recommendations for practical reconciliation measures, continued mandatory sentencing and the high rate of Aboriginal deaths in custody. The report expressed particular concern at the Government’s review of its commitment to United Nations human rights bodies following criticism of Government policies in 4 separate UN bodies.
Amnesty International Country Report, Australia 2001 (34kb PDF - find a free pdf reader here)
Jabiluka update
 Aboriginal traditional owners and anti uranium protesters picketed the company’s April AGM in Sydney and offices in Melbourne over reported plans to develop the controversial Jabiluka uranium mine. Rio Tinto owns Australia’s North Group which in turn has a majority holding in the Northern Territory uranium mining company Energy Resources of Australia (ERA). ERA controls the proposed Jabiluka uranium mine.
Work at the site was suspended in September 1999, after opposition from the community and Aboriginal traditional owners. Recent comments by Rio Tinto indicated that the company is seriously considering developing the Jabiluka mine, but the company has said that they would not do this without the consent of the traditional owners.
Suspicion remains that some deal is in prospect. Traditional owners have called on Rio Tinto to. abandon the Jabiluka project permanently and remove the possibility that the company could sidestep the issue by selling its stake in the site to another company.
A delegation from the Mirrar will be in Europe this summer for the UNESCO World Heritage Bureau meeting.
Further information:
Early Day Motion
To mark Sorry Day 2001 (the anniversary of publication of the ‘Bringing Them Home’ report on the stolen generations) the statement and apology now signed by 49 British MPs was sent to Aboriginal organisations and media.
Here is the final list. Please do congratulate your MP if they are on the list - and bear in mind ways you can enlist their support in future.
Jeremy Corbyn, Dianne Abbott, John Austin, Tony Banks, Harry Barnes, Peter Bradley, Tom Brake, Martin Caton, David Clarke, Tony Clarke, Frank Cook, Tom Cox, Ann Cryer, Lawrence Cunliffe, Jim Cunningham, Keith Darvill, Terry Davis, Huw Edwards, Clive Efford, Bill Etherington, Margerat Ewing, Paul Flynn, Andrew George, Sandra Gidley, Donald Gorrie, Win Griffiths, Nick Harvey, Kelvin Hopkins, Barry Jones, Jenny Jones, Lynne Jones, Nigel Jones, Ashok Kumar, David Lepper, John McDonnell, John McFall, John McWilliam, Bill Richie, Julie Morgan, Andrew Reed, Bob Russell, Mohammad Sarwar, Malcolm Savidge, Alan Simpson, Dennis Skinner, Desmond Turner, Bill Tynan, Rudi Vis, Derek Wyatt.
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