Chapter
13.
April 1995 -
Carr (Labor) in six Acts
INCOMPLETE
Work in progress. Updated 09/12/2005
Note: This web page is part of a research blog, and will expand..
1995
Children
(Detention Centres) Regulation 1995 (No.458
1995) –Repealed
National
Parks and Wildlife (Land Management Regulation) 1995
(No. 395 1995)
NSW
Native Title Act (1995?)
CHECK date
"The
Aboriginal problem"
"Enduring
values in Australia's Aboriginal Culture... shows how much can be learned from
Australia's Aboriginal culture, as the need to develop new ways of interacting
with our environment and our fellow humans becomes urgent. It is inspired by the
actions Aborigines who have reversed traditional secrecy, to reveal a way of
life which bound together their multi-cultural society for more than 50,000
years. This book offers a powerful message of hope and reconciliation. It also
raises serious questions about our current way of handling 'the Aboriginal
problem.' It is a book for anyone who wants to understand an ancient culture,
and is searching for new answers to some of the apparently intractable problems
of modern day living.... that the values of the original Australians have taken
on a new relevance as our society enters the information age.."
[1]
1996 to edit ...
NSW
Fisheries Corporate Plan, Aboriginal Fisheries
"Mission:
To work in partnership with indigenous peoples, the community, industries, and
agencies to ensure the conservation and appropriate utilisation of aquatic
resources for present and future generations ... Objectives: To appropriately
share the fisheries resources amongst all user groups in accordance with the
principles of social justice. Aboriginal
and Torres Strait Islander Commission Environmental Policy (1994:5):
... Hunting, fishing and gathering are fundamental to our peoples’
contemporary and traditional cultures, help to define our
identity, and are at the root of our relationship to the land. Hunting,
fishing and gathering continue to provide a significant part of the diet of many of our people, and also provide a range
of raw materials. As cultural activities hunting, gathering and fishing are
important vehicles for education, and help demonstrate to our succeeding
generations our understandings of our place in the world ...
Aboriginal fisheries persist today and, no matter whether they are
non-commercial or commercial fishing, they are made distinctive by their
interconnection with Aboriginal culture ... Aboriginal people ... are involved
in non-commercial fishing as well as in the fishing industry ... There are a
number of Aboriginal fishing families who are involved either in
aquaculture
(oysters and fish farms) or commercial fishing. Again, however, exact numbers of
Aboriginal fishers in the industry are unknown as data is not currently
collected on this topic ... the numbers of Aboriginal fishers involved in
commercial fishing, particularly along the coast, have been decreasing ... From
the very early moments of cultural contact, Aboriginal people were involved in
more intensive, larger fishing operations. In many communities within NSW, the
settler governments and organisations encouraged Aboriginal people into
commercial fishing activities through the provision of boats and fishing gear.
Boats and gear are known to have been provided to communities during the 1860s
to 1890s.
Some of this
work was done by government bodies, such as the Aboriginal
Protection
or Welfare Board, in an attempt to assimilate Aboriginal people into
Non-Aboriginal
culture and society. In some areas, Aboriginal people were
required by
the government of the day to give up their catch to the government
one day a
week. Some Aboriginal communities resented this and, refused to fish
on those
days.
Over time,
as the regulation of fishing for sale became more complex and more
expensive,
many Aboriginal families and communities left the industry. Today,
those
Aboriginal fishers still involved maintain a strong family fishing
operation
and local community orientation. Some Aboriginal commercial fishers
allocate
parts of their catch to cultural events. ...
Aboriginal fishing needs are culturally distinctive. However, many of the
rules
and
regulations for recreational fishing were established over time without
consulting
Aboriginal fishing communities about their needs. It is for this
reason that
Aboriginal people sometimes use special fishing permits so that they
can meet
their cultural obligations.
At all other
times, however, the standard rules and regulations for fishing
apply to
everybody. This is because of the importance of protecting the
fisheries
resource while there are so many people fishing
Common law
native title and fisheries ... the NSW case of Mason v Tritton. 77
In that case, Mr Mason, an Aboriginal man, had been charged with
collecting and shucking abalone contrary to the regulations under the Fisheries
and Oyster Farms Act 1935 (NSW) ... The defence for Mr Mason argued that the
regulations did not apply to him, since he enjoyed a right to fish as part of
his native title rights in the relevant seas
which was
recognised by the Australian common law. He
claimed that he was exercising this traditional right when apprehended.
It was argued that the general language of the Act and Regulations
revealed no specific intent to extinguish that right.
Although he lost his appeals, he did so ultimately only upon a point of
evidence. His fundamental legal arguments were accepted by the Court of
Appeal. As Justice Kirby found: The
native title claimed is that of a “right to fish” coastal waters... In my
view the claim cannot succeed. This is not because the common law does not
recognise the type of claim made. I would hold that it does. It is because Mr
Mason, the appellant, failed to provide sufficient evidence that he had
exercised such a traditional and customary 'right to fish' when apprehended. Had
he established such exercise he would in my opinion, by law, now be entitled to
the relief which he sought. 80 Justice Kirby noted that there is “no bar to
the recognition” of fishing rights
as a component of ownership of land. 81 As a result, it would appear that at the very least, individuals have native title fishing rights where there is a communal native title to the area where the fishing takes place. [2]
"A collection of files ..."
"Throughout
the Royal Commission's (RCIADIC) hearing of individual cases, certain patterns
emerged. Most important among these was the extent to which the history of the
individual had been recorded. Commissioner Johnstone commented that, for each
individual whose death was being investigated, there was a collection of files
maintained by agents of the state. These included records of the years in
contact with schools, community welfare, adoption agencies, medical agencies,
police, prison, probation and parole and finally, coroner's files. All of these,
he said, documented [3]
check ref xxxxxxxx
Aboriginal people in custody
"One
of the major reasons for having a Royal Commission was to reduce or stop
Aboriginal deaths in custody and, for this to happen, there had to be a
reduction in the number of Aboriginal people in custody. However ... rather than
a reduction in the level of Aboriginal imprisonment, both during the life of the
Royal Commission and since its completion, the numbers have in fact increased ..
The dramatic increases in imprisonment of Aboriginal people are most significant
in New South Wales, Western Australia and Victoria ... despite a cost of $30
milhon., and after three years of hearing evidence that Aborigines were alleged
to have been systematically beaten, harassed and persecuted by police and prison
officers, not only have no officers been charged with an offence but Aborigines
continue to be incarcerated at a disproportionate rate." [4]
An enquiry into removal of Indigenous children from their families
1996
1997
The National Council for Aboriginal Reconciliation and the New South Wales State Reconciliation Committee.
Col Markham, M.P., Speeches, 1997
15/05/1997
Home » Hansard & Papers » Legislative Assembly » »
NSW Legislative Assembly Hansard
ABORIGINAL RECONCILIATION
Mr MARKHAM (Keira) [11.16 a.m.]: I move:
That this House:
(1) Acknowledges and applauds the work done by both the National Council for Aboriginal Reconciliation and the New South Wales State Reconciliation Committee.
(2) Recognises:
(a) the value of the regional conferences held throughout major regional centres during February and March 1997 which were well attended by non-indigenous and indigenous people keen to work towards reconciliation;
(b) 27 May 1997 as the commemoration of the thirtieth anniversary of the 1967 referendum when 92 per cent of Australians voted to allow indigenous people the right of citizenship in their own land; and
(3) Supports the National Council for Aboriginal Reconciliation in their hosting of the national convention in Melbourne from 26 to 28 May 1997 inclusive as an important part of the reconciliation process in Australia, as Australia heads towards the year 2001, the birth of Federation.
Mr Patrick Dodson, Chairman of the Council for Aboriginal Reconciliation, wrote recently:
Reconciliation is about changes and the attitudes, the systems and the structures and the nature of the relationship that we want to create for the future.
That is a strong statement, and one that I support totally. A number of regional Aboriginal reconciliation workshops were held in March in the lead-up to the National Reconciliation Convention, to be held in Melbourne between 26 and 28 May. Regional conferences were held in Batemans Bay, Wagga Wagga, Port Macquarie, Lismore, Dubbo, Tamworth and Parramatta. The workshops were well attended and the following topics were discussed: the reconciliation process, the role of council, and processes and outcomes to achieving real reconciliation between indigenous and non-indigenous Australians. I assure honourable members that the debate was vigorous on many occasions. I am a member of the New South Wales State Reconciliation Committee. I attended the Batemans Bay and Tamworth workshops. Although the two areas are diverse, they hold similar concerns and offered similar solutions in relation to the problems.
The workshops emphasised the need for community commitment - reconciliation will have to come from the grassroots; it will have to be a people's movement. Governments can do only so much; the remaining solutions will have to come from the grassroots. People must realise what reconciliation is about; the movement has to be driven. As far as I am concerned, the process should not finish in 2001: that will be the starting point and it should go on for decades. Issues such as the need for dissemination on native title, compulsory Aboriginal studies, positive media coverage, land rights and cross-cultural awareness must be addressed to redress the current imbalances. People were consulted in relation to reconciliation issues in their local areas, and the workshops also looked at specific initiatives and examples that are working. Regional New South Wales has been able to put forward a strong view on this process.
The National Reconciliation Convention will recognise the thirtieth anniversary of the 1967 referendum. The campaign slogan for that referendum was "Right the wrongs". The referendum was carried overwhelmingly by the Australian people. The 1967 referendum came about during a time of global unrest. New South Wales was leading the civil rights movement in Australia. Pushing for the recognition of Aboriginal people and their rights to own land were Chicka Dixon, Faith
Bandler, Kenny Brindall, the Aboriginal Waterside Workers Union and many others. It was a long road to reach the 1967 referendum.
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The campaign began during the civil rights movements in the 1930s and 1940s, led by William Cooper and the Labor member of Parliament Kim Beazley senior respectively. The campaign gained momentum after World War II - Aboriginal people were gathering strength as Aboriginal advancement groups were forming. The main objective of the Federal Council for the Advancement of Aborigines and Torres Strait Islanders was the amendment of the Constitution. There were two parts to the referendum. First, section 51(xxvi) of the Constitution effectively denied the existence of Aboriginal people. It stated:
The Federal Government will count all races of people other than Aboriginals.
Section 127 of the Constitution stated:
In reckoning the number of people of the Commonwealth, or of a State or other part of the Commonwealth, Aboriginal natives shall not be counted.
By removing section 51(xxvi) and section 127, the Federal Government had the power to transfer responsibility from the States and Territories to the Commonwealth. The yes vote was given legislative effect on 10 August 1967, which was a major victory for the FCAATSI and supporters of the Aboriginal advancement movement. However, nothing really happened until the Whitlam Government came to power in 1972. It established the first Department of Aboriginal Affairs in Canberra.
The National Reconciliation Convention will be held at the World Congress Centre in Melbourne from 26 to 28 May. It will be hosted by the National Council for Aboriginal Reconciliation. The theme of the convention is "Renewal of the nation" through building relationships between indigenous people and the wider community. The stated aim of the convention is a united Australia that respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all. The convention is part of a strategy to involve all Australians in the reconciliation process as the centenary of Federation approaches.
The convention will commemorate the thirtieth anniversary of the 1967 referendum, when almost 92 per cent of Australians voted yes to giving indigenous people citizenship rights and allowing Commonwealth powers to override the archaic laws concerning indigenous people in the States and Territories. A special ceremony commemorating the thirtieth anniversary will be held on Tuesday, 27 May during the convention. The convention will have a number of themes, such as reconciliation in the community - how do we make it a reality? Other themes will include: indigenous self-determination; the 1967 referendum thirtieth anniversary; human rights and indigenous Australians; the documents of reconciliation and constitutional issues; the renewal of the nation - citizenship in Australia; and the way forward.
Speakers at the convention will include political leaders Senator Cheryl Kernot, the Leader of the Australian Democrats; Kim
Beazley, the Leader of the Opposition; and John Howard, the Prime Minister. Other speakers will include Bishop Desmond Tutu, Mandawuy
Yunupingu, Frank Brennan, Noel Pearson, Jennie George, Marcia Langton and Hugh Mackay, to name but a few. I assure honourable members that many other people will contribute to the conference. This is a great opportunity for our nation to show the rest of the world that we are serious about reconciling differences with the indigenous people of this country. That is something that has not been done. As I said earlier, it is absolutely imperative that the program continue for many decades.
I refer to the inaugural Lingiari Lecture that was delivered by Sir William
Deane, the Governor-General of Australia, at the Northern Territory University, Darwin, in August 1996. It is important that members of Parliament take this matter on board. The document is called "Signpost", by
Daguragu. Every member of every Parliament, indeed, every member of the Australian community, should read this lecture because it tells the story of the birth of the land rights movement in Australia. It helps to give an understanding of the true story of the walk-off from Wave Hill Station, the strike that happened some 30 years ago. I shall refer to that shortly. I shall read what the Governor-General had to say:
Signpost (i): Acknowledgment of the Past
It should, I think, be apparent to all well-meaning people that true reconciliation between the Australian nation and its indigenous peoples is not achievable in the absence of acknowledgment by the nation of the wrongfulness of the past dispossession, oppression and degradation of the Aboriginal peoples. That is not to say that individual Australians who had no part in what was done in the past should feel or acknowledge personal guilt. It is simply to assert our identity as a nation and the basic fact that national shame, as well as national pride, can and should exist in relation to past acts and omissions, at least when done or made in the name of the community or with the authority of government. Where there is no room for national pride or national shame in the past, there can be no national soul.
That is an important statement in the process of reconciliation. I return to my remarks about where land rights in this country were first born, that is,
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the Wave Hill walk-off, the strike, by Aboriginal stockmen and their families. Many people believe this walk-off was about unequal pay. However, that was only part of the campaign. What really initiated the walk-off was the complaint by Vincent Lingiari to the management of the Wave Hill station that European stockmen were sexually abusing the Aboriginal women at the station. That and the wage issue caused the walk-off.
That strike was also the very start of the campaign for land rights in this country. And here we are today, some 31 years on, confronting another national issue on land rights in this country. That has been brought about by the decision of the High Court in the Wik case, in which the High Court said that pastoral leases can coexist with native title. That is something this country must come to terms with because if we go down the wrong path we will be condemned internationally. The Wik decision cannot be isolated from reconciliation. How can anyone offer the hand of friendship and understanding if they are not prepared to look at what land and land rights are all about? Aboriginal people have owned land for tens of thousands of years and all they want to be able to do is to use that land for hunting, gathering and ceremonial purposes.
People in this country must start to realise the difference between how non-indigenous Australians view land and how indigenous Australians view land. Non-indigenous Australians regard land as just another economic asset, something to make money, to exploit, to sell off and so on. Aboriginal people consider land as the very soul of their culture and their existence. I assure the House that Aboriginal people will not walk away from their land easily. If the correct decisions are made regarding Wik - and I believe in coexistence - that will be one of the best and most poignant signs of reconciliation that could possibly be presented to the Aboriginal people.
I have been told by a number of leading Aboriginal negotiators that they are extremely concerned about what is happening in the Wik debate. They are worried about not only their land but the land of all Australians and about who owns that land. Who are the big pastoral leaseholders? Are they Australians, the battling farmers we hear about, or are they multinationals, big financiers, rich and powerful people? What happens to the land if it becomes freehold land and those powerful people get their grubby hands on it? That is what I want to know and what the people of this State and country should know.
Today is about recognising the thirtieth anniversary, recognising reconciliation and applauding people like Linda Burnie, who chairs the New South Wales Reconciliation Committee, and Joanne Selfe from the Department of Corrective Services who is the deputy chair of that committee. It is about acknowledging people such as Jeff Scott, the Director-General of the Department of Aboriginal Affairs, my colleague the honourable member for Georges River, who is also a member of that committee, and the many others who have attended meetings and given of their own time to ensure that the people of New South Wales understand reconciliation. The honourable member for Georges River and I went to Tamworth and she can testify to what I am saying. [Time expired.]
Mr HAZZARD (Wakehurst) [11.26 a.m.]: On behalf of the New South Wales Liberal and National parties it gives me great pleasure to join with the honourable member for Keira in supporting the motion before the House, applauding the work done by the National Council for Aboriginal Reconciliation and the New South Wales State Reconciliation Committee. I also recognise the value of the various conferences that have been held through February and March and the significance of the conference that will take place on 26, 27 and 28 May organised by the National Council for Aboriginal Reconciliation at its national convention in Melbourne. Sir William
Deane, in a lecture at the Northern Territory University in August 1996, said:
One hundred years from now, when we are approaching the second century of our nation, the dreamings of the Aboriginal peoples will record whether we Australians had the determination, tolerance and goodwill to convert short-term possibility into a reality that is timeless.
One of the greatest challenges facing our nation as we move towards the centenary of Federation and the year 2001 is to bring all the peoples of Australia together, and to bring them together with a heart that wants to see one nation heading into the new century. Therefore, the theme of the Australian Council for Aboriginal Reconciliation Convention should be a landmark for all Australians; it should be the basis for the way forward. The honourable member for Keira has referred to the council's vision as enunciated in its various documents supporting the conference. I shall quote that again. The council's vision:
. . . is a united Australia which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all.
It can be no less a noble pursuit when it is broken down into its individual components. Equity and justice for all requires that there be a focus on each of the issues which face indigenous Australians
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today and which prevent them from achieving their full potential both individually and in the overall context of moving forward as Australians. As we approach the centenary of Federation it is an indictment of Australia that Aboriginal people still suffer great adversity and from lack of educational opportunities. So many indigenous Australians do not complete a primary school education, let alone a secondary school education. So many indigenous Australians suffer from enormous health problems. I refer to a document released last year which dealt with a number of health issues.
I draw the attention of the House to the fact that the life expectancy of a female Aboriginal-Torres Strait Islander is 63 years compared with 81 for non-indigenous Australians. The life expectancy of indigenous males is 57 but 75 for non-indigenous Australians. That should send the message out loud and clear that indigenous Australians are not getting a fair go. There is no justice and equity in terms of health care for Aboriginal and Torres Strait Islander people. Aboriginal mothers account for almost 30 per cent of all maternal deaths but less than 3 per cent of confinements. Hospital discharge rates are well over the national average - 70 per cent higher for indigenous males and five per cent for indigenous females. And so it goes on. In some communities those percentages are far higher.
Not so long ago I visited Bathurst Island in the Northern Territory where I spoke with indigenous Australians who talked of the health issues which challenged them in their more isolated community. A whole range of difficult health problems is encountered from community to community. Contrary to what some may argue, as a nation we need to recognise that there has to be a preparedness and a commitment to provide additional resources to ensure that indigenous Australians rise to the level of equity. In current debate, arguments have been that every Australian, whether indigenous or non-indigenous, must receive the same amount of money and resources. Without giving too much emphasis to that debate, I say that most of those arguments are simplistic, silly and prejudiced and will do nothing for the greater vision of the position of Australia in the year 2001 as expressed by our Governor-General.
Of course, the concern is not just with health issues. As I said, education is of concern, as is the problem of indigenous Australians being incarcerated at a rate far greater than the rate for non-indigenous Australians. In some areas they are gaoled at 12 to 16 times the rate of non-indigenous Australians. Those are serious issues which all Australians need to address as we move towards our centenary of Federation. This motion is particularly important. It reflects upon the fact that only 30 years ago Aboriginal people were still struggling for the right to have a say in the future of the nation of combined Australian peoples. To many of us it seems like something from another century until we realise it is not that long ago that children were being stolen from their families on the basis of all sorts of strange and wonderful bureaucratic guidelines. I refer to The Stolen Generations, a publication of the New South Wales Ministry of Aboriginal Affairs. The introduction on page 2, referring to a letter from the Aboriginal Welfare Board to a police sergeant in a mid-western town of New South Wales in 1958, states:
In view of the inadequate provision as regards housing, food and care of the children of . . . on the Aboriginal Reserve at . . . would you kindly charge the children as neglected and commit them to the care of this Board.
That was in 1958. That is an absolute outrage to any reasonably-minded person. Nowhere was there a focus on the loving family relationships that give people a sense of worth and self-esteem. Nowhere was there an understanding that those children had a right to be with their families. There was simply a focus on what was apparently a philosophy designed to destroy our indigenous Australians. I make it very clear as a member of the New South Wales Liberal Party that I consider that philosophy an outrage. It also puts in perspective the fact that today we are struggling to come to grips with that terrible history - a history which is not way back in our past but in our living memories and which very much affects many indigenous Australians who are trying to come to grips with the future of Australia.
On behalf of the Opposition I will be attending the conference in Melbourne. I look forward to the conference with its spirit of bipartisanship and I look forward also to attending the conference with the honourable member for Keira. I understand that the Deputy Premier, in his capacity as Minister for Aboriginal Affairs, will also be in attendance. I am certain that with the goodwill that has already been shown at the many regional meetings, together with the great efforts of many individuals and groups of both indigenous and non-indigenous Australians, we will achieve an outcome of a better Australia in the year 2001. Hopefully that better Australia in the future will have been nurtured by an understanding of our indigenous people and by a willingness to work with them. The Opposition is very pleased to support this motion moved by the honourable member for Keira.
Mr THOMPSON (Rockdale) [11.36 a.m.]: The National Council for Aboriginal Reconciliation
Page 8711
was established by a unanimous vote of the Commonwealth Parliament in 1991 to promote and oversee a process of reconciliation between the wider community and Aboriginal and Torres Strait Islander peoples. On 14 November last year this Parliament unanimously resolved to reaffirm its commitment to the goals and processes of Aboriginal reconciliation and the importance of reconciliation to the future of the nation and the State. As we are virtually on the eve of the Australian Reconciliation Convention to be held in Melbourne from 26 to 28 May, it is fitting that the motion as proposed by the honourable member for Keira is discussed today. The timing of the convention is not accidental. May 27 is the thirtieth anniversary of the historic referendum when Australian people voted to change the Australian Constitution to remove clauses that discriminated against Aborigines.
With the changes to the Constitution, Aboriginal people were finally recognised as Australian citizens with equal rights to vote. One of the most eloquent proponents of the reconciliation process is Sir William
Deane, the Governor-General. In a landmark speech, which was referred to by the honourable member for Keira, delivered as the inaugural Lingiari lecture on 22 August last year, Sir William said that genuine reconciliation between the Aboriginal and Torres Strait Islander peoples and our nation as a whole should be in the forefront of our national aspirations between now and 2001, the centenary of Federation. In order to move towards true reconciliation it is necessary to recognise the facts of our history, to face the hard realities of how Aboriginal people have been treated since their dispossession commenced in 1788. In his Lingiari speech Sir William Deane said:
It should, I think, be apparent to all well-meaning people that true reconciliation between the Australian nation and its indigenous peoples is not achievable in the absence of acknowledgment by the nation of the wrongfulness of the past disposition, oppression and degradation of the Aboriginal peoples. That is not to say that individual Australians who had no part in what was done in the past should feel or acknowledge personal guilt. It is simply to assert our identity as a nation and the basic fact that national shame, as well as national pride, can and should exist in relation to past acts and omissions, at least when done or made in the name of the community or with the authority of government. Where there is no room for national pride or national shame about the past, there can be no national soul.
This is not the black armband view of history that some have suggested. It is surely a prerequisite to any move towards reconciliation to commence from a point of truth, not self-deception or smugness. Patrick Dodson, who was appointed chairperson of the Council for Aboriginal Reconciliation in 1991, said:
Reconciliation is about changes and the attitudes, the systems and the structures and the nature of the relationship that we want to create for the future.
Paul Keating, when he was Prime Minister, said:
The process of reconciliation must start with an act of recognition. Recognition that it was we non-Aboriginal Australians who did the dispossessing; and yet we had always failed to ask ourselves how we would feel if it had been done to us.
It is not to inflict guilt on this and future generations of Australians that we should face the realities of Aboriginal dispossession, it is to acknowledge our responsibility and their right to know.
I feel more than a tinge of despair about the way things are going at present, and I know that many people have the same feeling. On the one hand we advocate reconciliation, truthfully acknowledging our wretched history of the treatment of Aborigines and pledging to take steps to redress it; on the other hand we have the signs of a regrowth of racism and social division in Australia. They are growing because of a lack of conviction, and certainly a lack of leadership from the Australian Government. The pathetic reluctance to say or do anything to counter the Hanson disease has been nothing short of gross irresponsibility - talk about fiddling while Rome burns! The fact that our Prime Minister has finally started to speak out only highlights the terrible mistake he made in maintaining his silence for so long. At a time when national leadership is so necessary we have vacillation and weakness. The opinion polls are more important than principle.
The disgraceful goings on about the Wik case, with possibly the biggest land grab anywhere in history being pressed by certain interests, have brought dismay and despair to many Australians, black and white. We say we support reconciliation yet we are presently witnesses to a most shameful chapter in our history. The forces unleashed during the 1996 Federal electorate campaign and by the more recent Wik decision present a great challenge to our nation. This challenge can be met, at least in major part, by recommitting ourselves to reconciliation. We must reject any return to the past. I firmly believe that Australians generally want to see reconciliation succeed. We should therefore reaffirm our commitment and consolidate the progress already made. [Time expired.]
Ms FICARRA (Georges River) [11.41 a.m.]: After more than 200 years Australia is yet to reconcile with Aboriginal and Torres Strait Islander
Page 8712
peoples. The National Council for Aboriginal Reconciliation was established by the Australian Parliament in 1991. It is responsible for promoting the process of reconciliation, encouraging understanding and better relationships based on respect for one another. I recognise the fine chairmanship of Patrick Dodson, a Yawaru man from the Kimberley region in Western Australia. His dedication to indigenous welfare and human rights is unquestioned. Bipartisan support for the council reflects a national commitment to achieve reconciliation by the year 2001, the centenary of Australian Federation - a time to renew ourselves as a nation.
This commitment was reaffirmed on 30 October 1996 in a parliamentary declaration moved by the Prime Minister, the Hon. John Howard, and supported unanimously by all political parties - a commitment by all Australians to enjoy equal rights and be treated with equal respect regardless of race, colour, creed or origin; to maintain Australia as a culturally diverse, tolerant and open society united by an overriding commitment to our nation and its democratic institutions and values. The Federal Parliament denounced racial intolerance in any form as incompatible with the kind of society we are and want to be, and confirmed a national commitment to reconciliation. Reconciliation is about forming a new relationship between Aboriginal and Torres Strait Islander Australians and the wider community, one that heals the pain of the past and ensures that we all share fairly and equally in our national citizenship.
A formal national reconciliation agreement should be underpinned by understanding, acceptance and the cooperation of people,
organisations, and institutions at local, regional and national levels. Acknowledging indigenous people's cultural identity has restored their self-esteem about their identity. Sharing with them their cultures, pride and their spirituality involves a national healing for all Australians. Expressions of reconciliation grow out of communities, shaped and inspired by people coming together in our neighbourhoods, workplaces, schools, clubs, churches and daily lives. The Australian Reconciliation Convention will be a landmark event in the life of the National Council for Aboriginal Reconciliation. It will be held at the World Congress Centre in Melbourne from 26 to 28 May 1997. The theme of the convention is renewal of the nation through building better relationships between indigenous peoples and the wider community to fulfil the council's vision of "a united Australia which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage, and provides justice and equity for all".
To reflect the aspirations and views of all citizens, participants to the convention will be drawn from a variety of communities and many sectors of Australian society such as sport, youth, faith groups, rural, mining, environmental, union, business and governments at all levels. The convention also commemorates the thirtieth anniversary of the 1967 referendum in which nearly 92 per cent of Australians voted to give the Commonwealth power to make laws specific to indigenous people and to allow them to be counted in the census as Australian citizens. Tuesday, 3 June is the anniversary of the 1992 High Court of Australia Mabo decision which recognised the existence of native title. It is a great honour for me to represent the Leader of the Opposition, the Hon. Peter Collins, on the New South Wales State Reconciliation Committee, working alongside my parliamentary colleagues the Hon. Helen Sham-Ho from the other place and the honourable member for Keira, Col Markham. Regional meetings have taken place throughout Australia to enable individual communities to participate in the convention.
Meetings were held in Batemans Bay, Wagga Wagga, Port Macquarie, Lismore, Dubbo, Coffs Harbour, Parramatta and Tamworth. I was pleased to participate in the Tamworth meeting with the honourable member for Keira. Together we will explore, understand and accept the history of our shared experience, acknowledging that past injustice continues to give rise to present injustices for indigenous Australians. We will discover a common heritage together, respecting indigenous cultures and identity and removing disadvantages. We will participate in acts of reconciliation to renew our national identity and citizenship. I hope that we will face our shared destiny with enthusiasm and with a genuine hope for a brighter future for all Australians, including our indigenous population who have been neglected for years.
Mr WATKINS (Gladesville) [11.46 a.m.]: This motion comes on for debate at a critical and sensitive time for Aboriginal reconciliation. I am proud as a member of the Australian Labor Party and a member of this Parliament to support the motion acknowledging the work of the National Council for Aboriginal Reconciliation and the New South Wales State Reconciliation Committee, especially with the imminent commemoration of the thirtieth anniversary of the 1967 referendum which recognised the citizenship and equality of Australia's indigenous people. Aboriginal people in New South Wales and Australia in the years since Mabo have seen their aspirations and rights pushed to the forefront of the national debate. That debate has often been less than dignified or tolerant or sensible.
Page 8713
However, overwhelmingly the respect, tolerance and good sense necessary for working out of problems and achieving advances have come from the Aboriginal side. Unfortunately, Aborigines seem to understand the real meaning of reconciliation and tolerance far better than the white governments, institutions and the electorate. The truth of the reality of Aboriginal disadvantage is overwhelming. The evidence is there in the community, but most seem deaf to it. I will not detail it here; I will detail the Federal Government's recent perverse attacks on Aboriginal services in this country. When the present Federal Government was elected there was the initial obscenity of its attack on the auditing standards of the Aboriginal and Torres Strait Islander Commission. It quickly became clear that the attack was baseless. Then in last year's budget spending on ATSIC was slashed by $470 million over four years. That has and will have a disastrous impact on ATSIC and especially on Aboriginal employment.
It is inevitable that indigenous unemployment, already at disastrous levels, will jump to almost 50 per cent next century. Just the day before yesterday there was an equally harsh attack on Abstudy with a reduction of $25 million, even though retention rates amongst Aboriginal children are so low and education is essential to their future. In the face of this attack the Aboriginal people are expected to retain their tolerance, their control, and support for a system that has caused their disadvantage, then blamed them for it and, finally, perversely targeted them for dissatisfaction in the wider community over a plethora of economic and community problems. Amazingly, Aboriginal people have, despite this, remained true to the spirit of reconciliation, and continue to work towards a truly just resolution of the problems.
The strength and dignity of the Aboriginal people throughout the Mabo and Wik debates in recent years have been clear. Depressingly those national debates have been too often characterised by ignorance and intolerance by many people who should know better, especially elected members of Parliament throughout Australia. Tolerance and commitment to reconciliation of Aboriginal people have never been clearer than in the recent weeks when, in the Wik debate and negotiations, they have been virtually left out of the process. In what has been hijacked as a debate between pastoralists and conservative politicians, many of whom are intent on completing the dispossession of 200 years ago, the views of the Aboriginal people have been virtually ignored. Their views and their thoughtful position are put last, if at all, and their needs or wishes are characterised as unreasonable, lunatic or unfair. They are treated as robbers, undignified and greedy land grabbers, despite the fact that the Wik judgment made clear that their limited rights over land had a clear legal base, and despite the fact that many of those calling for extinguishment under Wik know that if that is achieved they will be the beneficiaries of the greatest change of land title in the history of this nation.
The Prime Minister has a heavy responsibility to help bring about a conclusion of the Wik issue that builds on the reconciliation process and is central to the resolution of Aboriginal injustice in Australia. If he fails the test the result will be disastrous for the nation. This debate also comes at a time when the vile and ignorant message of Hanson is reaching across Australia. Noel Pearson, an untiring advocate for reconciliation, clearly put the Hanson phenomena in context in a recent address to the University of Wollongong. His words deserve detailed attention but, unfortunately, time will prevent me from quoting his words in their entirety. I appeal to everyone to read his comments of 5 May when he said:
I am not inclined to support the notion that Pauline Hanson is evil. The ideas she espouses and the feelings she is cultivating and the controversy she is revelling in is certainly ugly and repugnant, but my feelings for her are more of sorrow than anger.
[Time expired.]
Mr D. L. PAGE (Ballina) [11.51 a.m.]: I support the motion moved by the honourable member for Keira. It is important to acknowledge the work done by the National Council for Aboriginal Reconciliation and the New South Wales State Reconciliation Committee. I would also like to thank the many people, both indigenous and non-indigenous, who contributed to the recent regional conferences held throughout regional areas to advance the cause of Aboriginal reconciliation. I can remember the referendum in 1967 when 92 per cent of Australians voted to allow indigenous people the right to equal citizenship with other Australians. I remember thinking at the time how incredible it was that these equal rights had not been granted generations earlier. As a country member, I am on the public record as a strong supporter of Aboriginal reconciliation. From a very early age I spent a lot of time with Aboriginal people who mostly came from the Baryulgil area.
My desire to see genuine reconciliation has been heightened by my experience as a local member of Parliament, which has caused me to have frequent dealings with Aboriginal communities at Ballina, Byron Bay, Ocean Shores and Cabbage
Page 8714
Tree Island. My contact with David Capeen, in particular, from Cabbage Tree Island and more recently from Ballina, has been a very enlightening and rewarding experience. He has done an enormous amount of work to improve the relationship between Aboriginal and non-Aboriginal people in my electorate. We need to recognise that Aborigines have made a significant contribution to our country in wartime defence, through art, music, literature and culture, sport, their contribution to our pastoral industries, and in a host of other fields of human endeavour. It is important to pause for a moment to think about what we really mean by reconciliation. I would like to quote from the publication entitled The path to reconciliation: renewal of the nation published by the Australian Reconciliation Convention. In response to the question "What is reconciliation" the publication says:
Reconciliation is about building a new relationship between Aboriginal and Torres Strait Islander Australians and the wider community, one that heals the pain of the past and ensures we all share fairly and equally in our national citizenship.
There are essentially five steps to reconciliation. They are:
•understanding and accepting the history of our shared experience between Aboriginal and Torres Strait Islander peoples and the wider community,
•respecting indigenous cultures and identity,
•recognising that past injustice continues to give rise to present injustices for indigenous Australians,
•identifying what more needs to be done and making changes within Australian society,
•revaluing our citizenship to live together in unity and harmony.
Reconciliation is not dependent on doing everything at once. We will do things better as a nation if we are all involved in what has to be done at the local, regional and national levels. If we are to achieve reconciliation, we have to recognise certain facts: a point made regularly by the honourable member for Keira, and I agree with him. We have to recognise that in establishing a western civilisation in this country, non-indigenous Australians are disrupted and, in some cases, destroyed, wreaking havoc among Aboriginal communities, forcibly separating families and introducing substances like alcohol and western diseases which have significantly disadvantaged these communities. Before we achieve reconciliation, we must first have recognition. Once we have recognised the mistakes of the past, we can then look to the future with hope and optimism. I do not support the idea that today's non-indigenous Australians should carry a permanent guilt complex, but we do need to recognise the realities of the past and, having done that, commit ourselves to making a better future. I should like to conclude my remarks by quoting from the message of Pat Dodson, Chairperson of the Council for Aboriginal Reconciliation, when talking about the importance of the conference to be held in Melbourne on 26, 27, and 28 May. He states in a message at the beginning of the publication, Australian Reconciliation Convention:
The three-day convention at the World Congress Centre in Melbourne will bring together people from key sectors of the Australian community to map the way forward for reconciliation - to identify a path along which indigenous Australians and the wider community can walk together into the future.
Reconciliation can play a significant part in shaping a more mature and harmonious Australia. To effect deep and lasting change in this country, reconciliation has to be a people's movement.
I am sure that all honourable members agree with those sentiments. I commend the honourable member for Keira and other members who spoke in support of what I believe is important: bipartisan support of this motion. [Time expired.]
Mr MARKHAM (Keira) [11.56 a.m.], in reply: I thank the honourable members representing the electorates of
Wakehurst, Rockdale, Georges River, Gladesville and Ballina for their contributions to this very important debate. I would like to comment on some of the statements made, although most speakers touched on similar issues, including the importance of reconciliation, the importance of the convention in Melbourne, the importance of recognising that it is 30 years since the referendum, as well as other issues dealing with health, the stolen generations, and land rights. A couple of speakers used two words that I refuse to use, but I use a scientific term - pH - to describe the acid tongue and destructive nature of that symbol. I can assure honourable members that racism will not be tolerated by people who are committed to human rights for all. Anyone who tolerates racism is totally off line and off cue. A pH level is a measure of acidity, and that is what such people are: mouths full of acid. I would also like to take up the point made by the honourable member for Wakehurst about the stolen generations. That is an ongoing issue.
On 30 April I had the honour of being invited by an organisation called Link-Up, which tries to bring together children stolen from Aboriginal families over the decades, to be a guest speaker at the launch of a book entitled In the Best Interests of the Child? - Stolen Children: Aboriginal Pain - White Shame at Eora Centre, Chippendale. The book, which was presented by Link-Up to the inquiry by the Human Rights Commission on the
Page 8715
stolen children, refers to the stolen generations and contains individual and personal accounts of children taken from their families. In many cases they did not know until later life that they had been taken from their families, and in some cases they were astounded, shocked and destroyed. Of the 99 Aboriginal deaths in custody which ones were investigated by the Royal Commission into Aboriginal Deaths in Custody? Approximately 48 of those 99 prisoners were from the stolen generation. I acknowledge the support given to my motion by the honourable member for Rockdale, the honourable member for Gladesville and Opposition members.
One of the questions that was asked at the regional conferences to which I referred earlier was why there was no Aboriginal person in an Australian Parliament. Those conferences called for a specific Act of Parliament to ensure seats for Aboriginal people in Federal, State and Territory parliaments. In the last few days honourable members would have received a paper from the Legislative Council Standing Committee on Social Issues which calls for specific seats for Aboriginal and Torres Strait Islander people in Federal and State parliaments. I have no doubt that one of the recommendations that will be made by the conference to be held in Melbourne from 26 to 28 May this year will be that the Federal Government should enact legislation to enable true and proper representation by indigenous Australians. [Time expired.]
Motion agreed to.
NSW Legislative Assembly Hansard, 15 May 1997, (article 6)
* HANSARD AND HOUSE PAPERS
* Legislative Council
* Legislative Assembly
* -All by Sitting Day
* -Notices
* -Questions
* -Statutory Rules
* -Tabled Papers
* -Video Hansard
* -Votes
* Both Houses
* -All by Sitting Day
* -Hansard Indexes
* ·by Bill
* ·by Member
* ·by Subject
* Speakers:
Markham Mr Colin; Hazzard Mr Brad; Thompson Mr George; Ficarra Ms Marie; Watkins Mr John; Page Mr Donald
* Speech Type:
Motion; Debate
[Source: http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LA19970515006]
"The
Lismore Local Government area is home to the Wiy-abal people. It is believed
that the Indigenous inhabitants have existed in this region for 50,000 years and
are part of the Bundjalung Nation ... "The Building Bundjalung Cultural
Bridges Project" was funded by the National Office of Local Government,
Department of the Environment, Sport and Territories and commenced in March
1996. The aim of this project was to improve relations between the two cultures
to develop ongoing communications ... It has been acknowledged by all levels of
Government that, for a range of reasons, the Indigenous communities have and
continue to suffer from multiple disadvantages and discrimination. Lismore City
Council (LCC) is committed to addressing the disadvantages and discrimination of
Indigenous People in their Local Government Area (LGA) ... Council and the
Indigenous people are more actively involved with problems that affect both
parties. Barriers of communication that existed in the past are now starting to
break down with the introduction of this program. Work carried out over the last
twelve months by the Aboriginal Community Development Officers has assisted
Council and the Indigenous people to find common ground when communicating on
issues which are of concern to Council and the Indigenous people. Communication
mechanisms which are already used by Council and the Indigenous people will be
maintained to assist by Council employing a permanent Aboriginal Community
Development Officer within Council's infrastructure. Council and the Indigenous
community now have a foundation to develop ongoing communication and hopefully
this will assist in Council Vision of Indigenous participation for future
development in the community as a whole. 1.1 Council adopted the following vision
statement in relation to the "Building Bundjalung Cultural Bridges
Project". 'Council's vision is to
ensure that Indigenous communities have an equal role in the strategies and
directions that will shape our community through greater understanding and
recognition of culture and identity and effective participation in Council's
planning and operations on a regular basis'." [6]
Bringing Them
Home; The Report of the National Inquiry into the Separation of Aboriginal and
Torres Strait Islander Children from their Families
"
... 'Bringing Them Home; The Report of the National Inquiry into the Separation
of Aboriginal and Torres Strait Islander Children from their Families' was
tabled in the Australian Federal parliament on the 26 May 1997. The Report made
54 recommendations for positive change and addressed the continuing devastation
of the lives of indigenous Australians caused by the laws and policies of the
removal of Aboriginal children from their families ...The majority of Australian
Governments made formal apologies in Parliament, initiated by the NSW Labor
Government and made by the Premier, The Honourable RJ Carr MP. The Federal
Government has refused on numerous occasions to make any formal apology."
[8]
" An open
letter on Aboriginal Deaths in Custody"
"After
seeing the TV reports and reading about the outcomes of the recent State and
Commonwealth Ministerial Aboriginal Deaths in Custody summit in Canberra, I see
that all parties both black and white agreed not just to look at Aboriginal
deaths in custody but to look at ways of preventing Aboriginal and Torres Strait
Islander people from going into jail in the first place. It is very clear to me
now that the only way for NSW to go which will stop Aboriginal deaths in custody
and prevent Aboriginal and Torres Strait Islander people from going into custody
is the Aboriginal Training Camp, as presented in the submission, which will be
an environmentally sustainable kangaroo and emu farm which we believe in 7 years
will have reached economic self-sustainability.
Inmates
will have a more homely and family type of life where there are no walls. The
only fences there, will be to keep the emus and kangaroos in. Aboriginal and
Torres Strait Islander people being what they are, one of the biggest problems
that the Royal Commission failed to look at was the culture of Aboriginal
people. Their culture does not coincide with walls. Their culture is free to
roam. It's the walls and being locked up that is killing Aboriginal people and I
am experiencing that now.
Aboriginal
and Torres Strait Islander people are forced to live in a white man's
environment which is not their way of life. Prison environment clashes with
their freedom to roam in the forests and mountains. To feel that brings them
into their natural home environment. This would be provided by the Training
Camp.
For
the NSW State Government to provide 7000 hectares of forest at Whian Whian for
the Aboriginal training camp will create the natural training and healing
environment for Aboriginal and Torres Strait Islander people that they thirst
for. It will allow young Aboriginal people to learn bush craft and their own
culture that they long for.
Aboriginal
people need to be able to feel that their spirits and mind and feeling is free,
prison walls takes this away. Being depressed is unheard of for Aboriginal
people outside of white society. Since European times they have picked up this
symptom and it is something they can't handle. I have never experienced this
feeling in my life before. It's a severe shock to me. To expect Aboriginal
people to handle it is asking too much. Now I understand why Aboriginal and
Torres Strait Islander people kill themselves in custody.
The
feeling of being alone away from family is unbearable. I feel like a banished
person. But I haven't been banished by my people. I know exactly why my people
banished some people. They attacked that individual's deepest feelings as the
worst punishment possible. But imprisoning is not the Aboriginal way. The
banished people could still look at their tribe from a distance. But they
couldn't talk to them. Noone would speak to them. But at least they could have
eye-contact with their people from afar. After they had served their sentence
set by the Elders they could return, completely forgiven, with no record or
burden of guilt and a much better person.
The
people who were banished, they didn't take their lives or make them feel
suicidal. The punishment still hurt but they were still able to roam in their
country. Prison walls is not the answer for Aboriginal people. Aboriginal people
are very sensitive to environment. When in a hostile environment, they are
vulnerable to it and can't bear it. Aboriginal people only picked up depression
from white society. White society inflicted depression on Aboriginal people.
This jail system is one of the worst forms of depression for an Aboriginal
person. It's completely inappropriate for Aboriginal people and you can never
address the problem of Aboriginal deaths in custody while Aboriginal people are
locked up in jails." [9]
1998
Act 68
State
Environment Planning Policy No. 18-Rural Landsharing Communities 1998
(No. 206 1998)
Act 69
State
Environment Planning Policy No. 18 - Rural Landsharing Communities 1998
(No. 206 1998)
xxxx
"I
hope that this paper will make a significant contribution to the way we
understand the past, which has been so important in forming the present. In
particular, I hope that it will add to our understanding of the enormously
important contribution which Aboriginal people brought to using and nurturing
the resources of that terrain on a sustainable basis." [10]
TOP
TEN PASTORAL LANDHOLDERS: Company/Individual Country Millon. ha.
1)
AMP Stanbroke Pastoral Co. (Australian) 12.69 m. ha 2) S. Kidman & Co.
(Australian) 11.63 m. ha 3) Australian Agriculture Co. (Australian, owned by
Elders) 6.51 m. ha 4) North Australian Pastoral Co. (Foster family of Tasmania)
5.71 m. ha 5) Hugh MacLachlan (Cousin of Defence Minister Ian MacLachlan) 5.3
m.ha 6) Consolidated Pastoral Co. (Kerry Packer) 4.83 m.ha 7) Heytesbury
Pastoral Co. (Janet Holmes a Court) 3.63 m.ha. 8) McDonald family (National
Party federal president Don & family) 3.08 m.ha 9) Brian Oxenford
(Australian private cattle producer) 2.33 m.ha 10) Prudential Pastoral Co. (UK
controlled) 2.0 m.ha
FOREIGN
OWNED PASTORAL COMPANIES (Together, land holdings are bigger than Tasmania)
(Ranked
by enterprise, size, Country, Hectares. 1) National Mutual: AXA France 806,...
ha 2Twynam Pastoral Co.: j Kahlbetzer Argentina 383,507 ha 3) Prudential
Pastoral Co. UK 2,016,290 ha 4) Clyde Agriculture: j : DKP Sabah Malaysia
904,680 ha 7) Tipperary: Bakire Bros. Indonesia 1,882,300 ha 8) Tasman Swire
& Sons UK 592,109 ha 5) Auscott: Boswell Co USA 21,300 ha 6) Desa
International Agriculture NZ 2 3,867 9) Western Development/Carabao: Sultan of
Brunei Brunei 599,100 ha 10) Raymond St j USA 375,100 ha 11) Shipfield Pastoral
Co: George Ishiyarna USA 287,593 ha 12) Gregory Hadjieleftheriadis Greece 62,250
(sourced from The Australian)
“Dear
Editor
Other
countries are being allowed to use and abuse our land. Why is the government
protecting their rights over ours? What legal standing, as mere lease holders,
do these people have in our Australian courts? How can they make a native title
non claimant application, as a foreign citizen? And what does the tax-payer of
this country get out of it? The Australian tax-payer would be far better off
co-existing with Aboriginal people as the rightful custodians of the land, as
they are the true owners, who never willingly gave the land away. All they could
do, was sit back and watch the destruction of their heritage. And how much tax
do these foreigners pay, for the merciless exploitation of this country?
When
Governor Fitzroy set aside Crown land in 1847, he gave graziers the right to
lease land, solely for the use of the grass grazing; and to Aboriginal people
for hunting, and the usufructuary right to the 'spontaneous growth of the soil'.
Wran, back in 1972, needed a way to put the NSW Land Rights Act (1983) into
place, without damaging relationships between white Australian and Aboriginal
people, and he left intact the spirit of the legislation, that Governor Fitzroy
had put into place in 1847.
So
I don't see how the government of today or any other day have the legal right to
go over and above a piece of legislation that has worked since 1847.
The
pastoralists of today didn't even know that co-existence existed before the Wik
decision, and that they were grazing on land that Aboriginal people already had
the legislative right to use. So why are they jumping up and down now? It has to
be what Noel Pearson said, the Coalition are racist scum because they refuse to
recognise Aboriginal rights that have been legislated since 1847.
All
they need to do, is to get rid of the Racial Discrimination Act to show their
true colours nationally and internationally.
Australian
lease holders are squealing now about co-existence with Aboriginal people. Why
aren't they complaining about co-existing with foreign lease holders, who are
leasing this land for a pittance, and taking billions out of Australia? Only the
Nationals and the Liberals would even contemplate sweeping this under the
carpet, for their own secret agenda.
And
if Aboriginal people get to share the riches that are still left in this
country, what is wrong with that? because it's only been 125 years since they
took all the riches from the Bundjalung Nation timber, minerals and the sea.
This
was done bare-facedly, in this district by successive NSW Crown Land
Commissioners Oakes, Fry and MacDonald, from 1839 onwards, using the Border and
Native Mounted Police to track down, massacre, poison and murder the rightful
owners of the Bundjalung Nation; from Port Macquarie to Moreton Bay and inland
to Glenn Innes, with the blatant aim of dispersing us from our land, for the
benefit of Crown Land leaseholder.
And
this is the story for Aboriginal people and leasehold land right across
Australia today.
It
has been reported that the Wik 10 Point Plan means that the Australian tax-payer
will face the hugest compensation bill this country has ever seen. How much, if
anything will these foreign interests holding Australian pastoral leases have to
kick in, of the compensation bill?
The
leasing of vast tracts of Australian land to overseas individuals from France,
England, Argentina, Malaysia, Indonesia, NZ, Brunei, the US and Greece, for a
start says other countries have power and control over the top native title
claims of Australian indigenous people who are citizens of this land.
These
foreign lease holders are not even citizens of Australia, but they control
pastoral leases of millions of acres. What benefit is it for any Australian for
these overseas individuals to fatten cattle in this country and ship them
elsewhere?
None of these pastoral leases have been officially or legally
explored for their mineral resources. John
Roberts, Widjabul Tribe, September
1998”
1999
The Offshore
Minerals Act 1999 and the Petroleum (Onshore) Act 1991
This
Acts contain some provisions aimed at protecting areas of
Aboriginal significance. Those Acts state: "In deciding whether to
grant a mining or petroleum title, the minister is required to take into account
the need to conserve and protect features
of Aboriginal, archaeological and historical interest in the land over which the
title is sought. Conditions attached to the grant or renewal of a mining or
petroleum title must include conditions relating to the conservation and
protection of features of Aboriginal, archaeological and historical interest in
the land that is subject to the title.
...Native Title
in Australia and the Impact of the Stolen Generations
"Paper
presented in Parliament on 25 August 1999 ... by the NSW Parliamentary Secretary
for Aboriginal Affairs and Member for Wollongong, Mr Colin Markham MP ...'Native
Title in Australia and the Impact of the Stolen Generations' ... Aboriginal
culture in Australia is alive and well ... they continue their own internal
systems of law, culture, land tenure, authority and leadership ... What
Europeans call settlement, Aboriginal and Torres Strait Islander people call
invasion. A proper acknowledgement of history is basic to understanding the
present circumstances and claims of indigenous Australians ... From the early
days of European invasion, from 1788 onwards, Aboriginal people were forcibly
removed from their lands. This practice included the removal of Indigenous
children for virtual slave labour and more seriously to eradicate the Aboriginal
race ... These children have come to be known as the Stolen Generations ...
" [12]
"1992 Heads of Government National Commitment to Improved Outcomes
in the Delivery of Programs and Services for Aboriginal and Torres Strait
Islander Peoples"
"
The Second Black Parliament brought together elected representatives of ATSIC
and the NSW Aboriginal Land Council (NSWALC) and State Parliamentarians from
both Houses. At the session, Premier Bob Carr, Opposition Leader Peter Collins,
ATSIC Commissioner Steve Gordon and NSW ALC Chairman Ossie Cruse signed an
agreement re-affirming their commitment to the 1992 Heads of Government National
Commitment to Improved Outcomes in the Delivery of Programs and Services for
Aboriginal and Torres Strait Islander Peoples. The Premier described the Black
Parliament as "a unique expression of the support that exists in NSW across
political party divisions and communities for Aboriginal reconciliation".
Government actions outlined included: a $200 million infrastructure program for
Aboriginal communities; the setting up of a new Aboriginal Housing Office; the
handback of Mutawinji National Park to its traditional owners; a formal response
to the Stolen Generations report (to be released by the end of 1998); and the
introduction of native title legislation into the State Parliament."[13]
2000
Lismore
Local Environment Plan 2000 (No. 173 2000)
2001
Talk Good to
Ya'self [14]
2002
"... Born
in a shanty on 'LaPa' beach"
"At
89, Linda "Trudy" Longbottom is the 'oldest elder' of La Perouse. She
is a retired warhorse who helped found the Redfern Aboriginal Medical Service
and marched in the streets for land rights. Born in a shanty on 'La Pa' beach, a
descendant of 26 Aborigines forced out of homes near Circular Quay in the
1880's, she likes Sydney and her community to their cultural and political past
... But the Aboriginal Land Rights act she struggled for has contributed to her
pitifully poor standard of living in old age, says her daughter, Vanessa
Longbottom. 'Who would have thought that something she fought for would around
and destroy her rights?' Vanessa asked ... Mrs Longbottom lives in a dilapidated
fibro house that was meant to be demolished six years ago, deemed a health
hazard. She and the occupants of 15 other fibro houses on La Perouse Local
Aboriginal Land Council property are waiting for replacement homes because $3.9
milhon. in Aboriginal and Torres Strait Islander Commission funding has been
frozen and will remain so while more than $50,000 in grants to the land council
is unaccounted for ... Tony Hanrahan
[15]
Geographical
Names Board Dual Naming Policy
20/03/02
Geographical Names Board Dual Naming Policy Colin Markham MP,
Parliamentary Secretary for Aboriginal Affairs
1995-2003 "Land Handbacks under the Aboriginal Land Rights Act 1983 ...Register of Aboriginal Owners and
the Aboriginal Ownership of National Parks ... Current status of the register of
Aboriginal owners ... Biamanga and Mount Grenfell Research Projects ...
Biamanga-Gulaga ... Mount Grenfell ... What is the outcome of the project for
Aboriginal people? ...What are the main benefits of the Aboriginal owned
National Parks? ... Violence in Aboriginal families and communities ...
Preserving Aboriginal languages in NSW ..."[16]
"Black
Parliament"
"Representation
in democracies – ensuring minorities are heard ... As part of the
reconciliation process with indigenous Australians the issue of reserved seats
for Aboriginal and Torres Strait Islander peoples has been considered by a
number of Parliaments in Australia. In NSW the Legislative Assembly has passed a
number of resolutions supporting Aboriginal reconciliation and resolutions were
passed in 1997 and 1998 authorising the suspension of proceedings of the House
to permit the Chamber to be used for a "Black Parliament" ... The
Black Parliament provides a positive step in the reconciliation, and also
provides a forum for members of the Aboriginal community to discuss issues of
concern. The Black Parliament essentially operated as an Aboriginal and Torres
Strait Islander Commission meeting, with Members invited to attend and listen to
Proceedings ..."[17]
[18]
Myall Creek Massacre
Myall Creek Massacre. Mr Markham (Wollongong, Parliamentary Secretary)
[10.06 a.m.]: "I move: That this House: (1) recognises the significance of
Myall Creek as an example of the
treatment of Aboriginal people and of justice being done; (2) recognise the
importance of sharing the whole truth of Australian history (3) commend the
Myall Creek Memorial Committee, and all the Aboriginal and other Australians who
have worked together in a spirit of reconciliation to acknowledge the shared
truth of our history ... (details of
massacre) ... Henry Dangar's [19]
honourable action of reporting a crime against an Aboriginal community was
uncommon during these times as Aboriginal people were considered animals and
pests ... Aboriginal studies should be a compulsory part of every child's
education ... " Mr Hazzard [20](Wakehurst)
[10.16 am]: "The Opposition is pleased to support the motion moved by the
honourable member for Wollongong ... The honourable member for Wollongong refers
to social justice. Indeed, it is social justice, it is fairness and it is
equity. Today Aboriginal people suffer practical disadvantage in education,
health, unemployment, and law and order. If that is still the case in another
10, 15 or even 20 years time, we should not at that point be proud of our
history. Now is the time to take action, to look back at our history and look
forward with hope to our future. We should take practical steps now to improve
the lives of aboriginal people ..." (&c., &c.)
Wollumbin
Sacred site
Wollumbin
Forest Plantation Accreditation [10.19
pm] (date) The Hon. RSL Jones [21]
... the issue of Wollumbin forest ... habitat loss, habitat fragmentation ...
Wollumbin serves the same purpose to Aboriginal tribes of the east coast as does
Uluru to Aboriginal tribes in Central Australia. We must preserve our heritage.
There is not just one sacred site in Wollumbin. Aboriginal history proves the
whole caldera is a sacred site. This incorporates Wollumbin forest. For
thousands of years Aborigines passed through the lands below – Wollumbin. They
are evidence of a lifestyle rich in tradition and of movement between the
mountains, the forests and the coast. Another stone arrangement, near Brummies
lookout on the western slopes of Mount Mountain, existed until about 1976. It
consisted of two parallel mounds of stone, six foot long and three apart
oriented east-west.
Acts,
Parliamentary Proceedingss, Select Committee Reports
Government
Gazette references, Select newspaper reports, notes, Secondary sources
2003
Aborigines need capitalism, says Abbott
"Tony
Abbott believes native title is holding back indigenous Australia. The Prime
Minister's protege, Tony Abbott, is calling for native title to be replaced with
freehold tenure, arguing the current communal land system locks indigenous
people into "feudal" economies (etc) ..." [22]
Victims of the communist 1960's
'Lefties' distort facts, other historian claims.
" The greatest crime against Aborigines was not committed by
white settlers, but by Communist historians who had distorted the facts,
controversial author Keith Windshuttle said this week. Mr Windschuttle, author
of The Fabrication of Aboriginal History,
took another swipe in the long-running dispute with fellow historians including
Lyndall Roberts and Henry Reynolds, accusing them of being victims of the
Communist 1960s ..."
(Also
see: 1970 footnote, from Windschuttle, Keith, The Killing of History McLeay(1994)[23]
Auditor to
examine peak body [24]
The good news
25
June 2003
"... NSW's net worth topping $100 bilhon. for the first time." [25]
[2]
NSW Fisheries Corporate Plan, Aboriginal Fisheries, (Australian Fishing Industry Council
Statement: 1996)
[3] Stafford,
Christine, in Legal Pluralism and the
Colonial Legacy, indigenous experience of justice in Canada, Australia, and
New Zealand (Avebury 1995) page 219
[4]
Stafford, Christine, in Legal
Pluralism and the Colonial Legacy, indigenous experience of justice in
Canada, Australia, and New Zealand (Avebury 1995) page 222
[5]
Colin Markham MP 'a notable exception' NSW Parliamentary Secretary for
Aboriginal Affairs Native Title and
the Impact of the Stolen Generations -25 August 1999, Commonwealth
Parliamentary Association, 25th Australian and Pacific Regional
Conference. Port Moresby, Papua New Guinea, 23-25 August 1999.
[6]
Morris, m and Williams. W Aboriginal
and Torres Strait Islander Social Plan (Lismore City Council 1997) Page
1
[8]
Colin Markham MP 'a
notable exception' NSW Parliamentary Secretary for Aboriginal Affairs Native
Title and the Impact of the Stolen Generations -25 August 1999,
Commonwealth Parliamentary Association, 25th Australian and
Pacific Regional Conference. Port Moresby, Papua New Guinea, 23-25 August
1999.
[9] Roberts J (Snr.) Widjabul Tribe, Bundjalung Nation
Letter to the Editor Koori Mail
(19th July 1997)
[10]
Hallam, Sylvia J; Aborigines of the
Cape York Area (The York Society (Inc.), 1998 (p.vii)
[12]
Colin Markham MP 'a notable
exception' NSW Parliamentary Secretary for Aboriginal Affairs Native
Title and the Impact of the Stolen Generations -25 August 1999,
Commonwealth Parliamentary Association, 25th Australian and
Pacific Regional Conference. Port Moresby, Papua New Guinea, 23-25 August
1999.
[13]
Giuseppe Stramandinoli, Second black
parliament makes history ATSIC News, The Rural Women's Network
(NSW Agriculture 28 January 1999).
[15]
Elder Stateswoman left to live in a hazard , in Jopson, Sandra, SMH
December 2 2002 (http://www.smh.com.au/handheld/articles/2002/12/01/1038712831312.htm).
[16]
'a notable exception' Markham, Colin MP (Labor NSW) Speech
notes for the Parliamentary Secretary for Aboriginal Affairs, for the
opening of the NSWALC Statewide Meeting in Coffs Harbour 23/7/02
[17]
Markham, Colin MP (Labor NSW) 'a
notable exception' Defending
Democratic Principles to Preserve Social Stability, Windhoek, Namibia,
11/9/02
[18]
Markham, Colin MP (Labor NSW) Myall
Creek Massacre (LA Hansard Extracts – 52nd Parliament of NSW
date ???
Governor
Gipps and the Myall Creek murderers, Chapter 2 of this work (Page ...)
[19]
is this Henry Dangar of the Legislative Council? Check.
[20]
(Relevant biographical xxx)
[21]
Jones, R, (The Hon) 'a notable
exception' Wollumbin Forest
Plantation Accreditation LC Hansard Extracts – 52nd
Parliament of NSW [10.19 pm] (DATE) (Biographical xxxx)
[22]
Metherell, Mark, Aborigines need
capitalism, says Abbott in (Sydney Morning Herald 17 March 2003)
[23]
Northern Star Feb 03
[24]
koorie mail june 4 2003
[25]
Wainwright R and Totaro P; Michael
Egan &c. ... The good news (Sydney Morning Herald 25 June 2003)