Hunter, Catherine; Huggins, Anna --- "Recent Happenings June 2006" [2006] IndigLawB 42; (2006) 6(20) Indigenous Law Bulletin 23
Recent Happenings June 2006
compiled by Anna Huggins and Catherine Hunter
1 June
Concerns have been expressed regarding the amendments to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (‘ALRA’) by the Federal Government to allow the lease of traditional land for up to 99 years. The Government has claimed the changes will encourage private home ownership. However, land that is leased by the Government is to be paid not through public funds but from the Aboriginal Benefits Account, collected on behalf of Indigenous communities.
1 June
Further to changes to the ALRA, the legislation will result in loss of the independence of land councils. The Minister, Mal Brough, will have responsibility for the financial resources of land councils – their level of funding, how they spend their money and how they direct their resources.
16 June
Federal Indigenous Affairs Minister, Mal Brough, has announced a review of the Government’s shared responsibility agreements (‘SRAs’). Eighteen months after SRAs were introduced, it appears they have been ineffective. The community of Mulan, for example, in which a petrol bowser was funded by the Federal Government in exchange for sanitary measures to reduce rates of the eye disease trachoma, has experienced a dramatic increase in disease rates.
19 June
The Human Rights and Equal Opportunity Commission (‘HREOC’), Australians for Native Title and Reconciliation, Reconciliation Australia, Oxfam Australia, the Australian Indigenous Doctors’ Association, the Australian Medical Association and the Australian Principals’ Associations Professional Development Council hosted a forum discussing strategies for ending family violence in Indigenous communities. The speech by Mr Tom Calma, the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner, can be viewed at <http://www.humanrights.gov.au/speeches/social_justice/violence20060619.html> .
21 June
Federal Health Minister, Tony Abbott, advocated a controversial policy of ‘new paternalism’ to lift Indigenous communities out of dysfunction, disease and hopelessness. He argued the concept of self-determination should be replaced by a system of administrators with wide-ranging powers appointed to run Indigenous communities. Abbott said the main problem facing these communities is not a lack of Government spending but rather a ‘culture of directionless’.
21 June
The traditional owners of land in Broome which was sold to private landowners by the Court Liberal Government in 1994, will be advised by Kimberley Land Council to seek compensation in the Federal Court. The Government had released the land under the Land (Titles and Traditional Usage) Act 1993 (WA). In 1995, the High Court found that the Act was invalid and therefore native title still applied. In 2006, Merkel J granted the Yawuru people most of their claim.
23 June
HREOC released an overview paper of research conducted on the issue of family violence and abuse in Indigenous communities. Mr Tom Calma said the paper seeks to ensure that all aspects of Government policy-making are informed by facts. He also said that the issue needs a holistic response to address the causes and consequences, and was not simply a problem of law and order.
23 June
The City of Melbourne has introduced a voluntary code of practice for galleries selling Aboriginal artworks. The code aims to prevent Indigenous artists from being ‘ripped off’ by galleries by requiring dealers to develop a relationship with the artist or community directly and by encouraging openness and consultation in the processes. It also seeks to prevent fake reproductions of didgeridoos and other artefacts from entering the Australian market.
26 June
At a summit on violence and child abuse in Aboriginal communities, Mal Brough proposed a $130 million funding package to be implemented over four years. The funding is dependent on matched funding by states and the Northern Territory. One of the controversial aspects is the requirement that customary law considerations be removed from the Crimes Act. As part of the package, $40 million will be directed to funding remote police stations.
27 June
Tasmanian Premier Paul Lennon is backing legislation to compensate the State’s stolen generations, making it the first State to address the issue of monetary compensation.
28 June
The Australian Institute of Aboriginal and Torres Strait Islander Studies (‘AIATSIS’) in Canberra launched a project to digitise items recording Australia’s Indigenous cultural heritage. More than 650,000 photographs, 40,000 hours of audiotape, 15,000 hours of soundtrack, 1,000 artworks and artefacts and 80,000 written items will be placed on digital video tape, preserving these valuable cultural resources for future generations.
29 June
Wadeye residents who fled gang violence and were living in satellite communities have demanded improved sanitation facilities and the ability to transport their children to school. Approximately 400 residents have been living in such facilities, and are in need of roads and access to schools.
29 June
The Yanyuwa people have been urged to try to make money from the economic benefits of their successful land claim in the NT. Chief Minister, Clare Martin, says it is time for traditional owners to seize the economic benefits of their land. However, Chairman of the Northern Land Council, John Daly, argues that the land should be used to teach young people about their traditional ways. He said, ‘Without them, strong roots connecting to our country here and our traditional way of life, a lot of these kids are falling over.’
One of the traditional owners, Barbara McCarthy, who is also an NT Minister, requested that Mal Brough not demonise’ or ‘dehumanise’ Indigenous cultures. Brough responded that he respects Indigenous culture and law. However, he announced that the NT Government would remove customary law from the legal system, in exchange for a share of $130 million the Federal Government is offering states and territories to fight violence and abuse in Indigenous communities.
29 June
A new development plan sets out guidelines for acceptable development in the Kimberley region. The plan sets out guidelines for future involvement by the Kimberley people in tourism and agricultural enterprises while preserving the region’s environmental and cultural assets. The plan was the result of a series of meetings known as the Kimberley Appropriate Economies Roundtable Forum, involving traditional landowners, pastoralists, environmentalists and financiers. One recommendation requires operators going to important sites to have knowledge of traditional protocols and rules.