WGAR News: Briscoe family condemns NT prosecutor decision on anniversary of Briscoe death: MR

Newsletter date: 12 January 2013

Contents:

* Briscoe family condemns NT prosecutor decision on anniversary of Briscoe death: Media Release
* Tracker: Family, lawyers condemn DPP decision over Briscoe death
* Tracker: NT denies closing door on Briscoe talks
* Background to the justice for Kumentjaye Briscoe campaign

* NIRS: Incarceration should be "matter of last resort"
* ABC: Indigenous leader urges action on jail 'time bomb' [call for a national summit]
* ABC The World Today Audio: Jobs not jail for troubled Indigenous youths: Mundine [call for a national summit]
* ABC: Indigenous youth justice summit call dismissed
* Background to Aboriginal imprisonment and Deaths in Custody

* NIRS: Government 'doesn't want to hear bad news about income management'
* Background to 'Stronger Futures' new NT Intervention laws
* Background to the Northern Territory (NT) Intervention

* Sovereign Union: Sovereign Union and Our Political Future
* Background to the Aboriginal sovereignty movement

* Joseph Toscano, Anarchist World 3CR: Tunnerminnerwait and Maulboyheener - freedom fighters execution

* NIRS: Parties must detail Indigenous policies before election: Congress
* Background to National Congress of Australia’s First Peoples

* NIRS: Illawarra LALC slams state body on mining plans

* Other articles

* BRISCOE FAMILY CONDEMNS NT PROSECUTOR DECISION ON ANNIVERSARY OF BRISCOE DEATH: MEDIA RELEASE

- Media Release

Briscoe Family Condemns NT Prosecutor Decision On Anniversary Of Briscoe Death
IRAG: http://rollbacktheintervention.files.wordpress.com/2012/12/mr-dpp-re-bri...
Indigenous Peoples: http://indigenouspeoplesissues.com/index.php?option=com_content&view=art...
9 Jan 13: "The family of Kwementyaye Briscoe have condemned a recent decision by the Director of Public Prosecutions (DPP) in the NT not to investigate potential criminal charges against the police officers responsible for Mr Briscoe's death.
The decision to take no further action was made close to the anniversary of Mr Briscoe’s death in custody in the Alice Springs watch house on 4 January 2012.
On the advice of prominent barrister Greg Barnes, Shine Lawyers wrote to the DPP in December 2012, outlining potential charges which could be laid against some of the police officer/s involved in the death of Mr Briscoe including potential manslaughter and "failure to rescue" offenses.
NT DPP Director Richard Coates has responded to Shine Lawyers by ruling out any investigation, citing the Coroner’s failure to recommend charges as the reason the matter will not be pursued.
George Newhouse, the head of Shine Lawyers Social Justice Team says the lack of action by the DPP highlights fundamental flaws in the justice system when it comes to dealing with Aboriginal people. ... "

See:

IRAG
http://rollbacktheintervention.wordpress.com/irag/
"The Intervention Rollback Action Group is made up of volunteers from community groups and organisations who meet regularly to discuss issues that arise from the impact of the Northern Territory Emergency Response (Intervention/Invasion). The group supports individuals and community groups to deal with those issues and take appropriate action."

Who We Are - Indigenous Peoples Issues and Resources
http://indigenouspeoplesissues.com/index.php?option=com_content&view=art...
"Indigenous Peoples Issues and Resources is a worldwide network of organizations, academics, activists, indigenous groups, and others representing indigenous and tribal peoples."

* TRACKER: FAMILY, LAWYERS CONDEMN DPP DECISION OVER BRISCOE DEATH

- News

newsTracker: Family, lawyers condemn DPP decision over Briscoe death
http://tracker.org.au/2013/01/family-lawyers-condemn-dpp-decision-over-b...
9 Jan 13: "NORTHERN TERRITORY: Lawyers for the family of an Aboriginal man who died in police custody last year have condemned the NT’s Director of Public Prosecutions for failing to investigate the death. ... The coronial report into his death found numerous police errors the night he was locked up, stating police care was "completely inadequate and unsatisfactory, and not sufficient to meet his medical needs". But the NT DPP has decided it will not investigate potential criminal charges for police officers on duty on the night of Mr Briscoe’s death, Shine Lawyers said in a statement."

See:

About Tracker
http://tracker.org.au/about-us/
"Tracker magazine is a publication of the NSW Aboriginal Land Council, Australia’s largest Aboriginal organisation."

- Related News

NT News: Compensation offer withdrawn over Briscoe death
http://www.ntnews.com.au/article/2013/01/09/316537_ntnews.html
9 Jan 13: "THE lawyer for the family of a man who died in custody has threatened to sue the police officers on duty if the NT Government refuses to give them compensation. Lawyer for Kwementyaye Briscoe's family, George Newhouse said the NT Government has decided not to give an ex gratia payment until the family had exhausted all civil proceedings against those associated with Mr Briscoe's death. But Attorney General John Elferink denied the government had refused to negotiate an ex gratia payment."

* TRACKER: NT DENIES CLOSING DOOR ON BRISCOE TALKS

- News

newsTracker: NT denies closing door on Briscoe talks
http://tracker.org.au/2013/01/nt-denies-closing-door-on-briscoe-talks/
10 Jan 13: "NORTHERN TERRITORY: Northern Territory Attorney-General John Elferink says claims his government is trying to avoid compensation talks with the family of a man who died in police custody may be part of a legal strategy. "This looks more like a strategy that they are employing to get the government all twitchy about opening the doors for negotiation," Mr Elferink told AAP on Wednesday. "Those doors were never closed and even if you go through the normal civil process of litigation the negotiation door is never closed.""

See:

About Tracker
http://tracker.org.au/about-us/
"Tracker magazine is a publication of the NSW Aboriginal Land Council, Australia’s largest Aboriginal organisation."

* BACKGROUND TO THE JUSTICE FOR KUMENTJAYE BRISCOE CAMPAIGN:

Last updated: 8 January 2013

http://indymedia.org.au/2012/12/17/background-to-the-justice-for-kumentj...

* NIRS: INCARCERATION SHOULD BE "MATTER OF LAST RESORT"

- News

National Indigenous Radio Service: Incarceration should be "matter of last resort"
http://www.nirs.org.au/news/latest-news/7725-incarceration-should-be-qma...
8 Jan 13: "The Indigenous Social Justice Association says something must be done about the rising incarceration rates of young Indigenous people nation-wide. ... Association President Ray Jackson says Aboriginal children are treated badly within the juvenile justice system. "The magistrates, especially out in western New South Wales, are absolutely going berserk with their sentences. "Where is the understanding that, as the Royal Commission [into Indigenous deaths in custody] recommendations stated, incarceration is a matter of last resort? "That doesn't seem to apply to magistrates anymore.""

See:

Indigenous Social Justice Association - Melbourne:
Who we are and what we stand for
http://www.isja-msg.com/index.htm
"The Indigenous Social Justice Association - Melbourne (ISJA - Melb) was established in January 2005 to organise a Melbourne rally and march as part of a National Day of Action (NDA) to mark the first anniversary of the death of Kamilaroi teenager, TJ Hickey in Redfern, and to demand a fresh inquiry into the circumstances surrounding his death. ... ISJA - Melb primary objective is to stop Aboriginal deaths in custody and support Aboriginal peoples’ quest for justice. However, recognises that the struggle to end Indigenous deaths in custody cannot be separated from the wider campaign for Indigenous rights. This is why we also work to advance campaigns to recognise the Sovereignty of Australia’s many Indigenous nations and the negotiation of genuine treaties with these nations and why we oppose the Federal Government’s intervention into NT Aboriginal communities."

About the National Indigenous Radio Service
http://www.nirs.org.au/about-us
"The National Indigenous Radio Service Limited (NIRS) is a national service provided from a hub station residing in Brisbane. It networks material for Indigenous media organisations that don't have the staffing or capital requirements to provide a 24-hour high quality broadcast to their audience."

- Related News

National Indigenous Radio Service: Current youth policies not working: Lawyer
http://www.nirs.org.au/news/latest-news/7731-current-youth-policies-not-...
10 Jan 13: "President of the Indigenous Lawyers Association of Queensland says the rate of Aboriginal juvenile incarceration is alarming. The Australian Institute of Health and Welfare recently released a report which shows the national rate of Aboriginal youth detention has risen to a rate of 31 times the non-Indigenous rate, which is up from 27 times in 2008. Joshua Creamer says the main concern is that as the children get older, they might continue to commit offences and move into adult prisons."

Australian: Disparity in black sentences 'perverse', says Mick Gooda
http://www.theaustralian.com.au/national-affairs/indigenous/disparity-in...
10 Jan 13: "ABORIGINAL leader Mick Gooda has questioned sentencing disparities in the nation's courts that display a bizarre leniency towards violent black-on-black crimes yet lock children in juvenile prisons in white-dominated regional towns for minor offences. The Aboriginal and Torres Strait Islander Justice Commissioner said yesterday he despaired at a justice system that seemed to say it was "all right for Aboriginal men to bash women but 'steal something (and) we'll come down on you like a tonne of bricks' "."

* ABC: INDIGENOUS LEADER URGES ACTION ON JAIL 'TIME BOMB' [CALL FOR A NATIONAL SUMMIT]

- News

ABC Indigenous: Indigenous leader urges action on jail 'time bomb'
http://www.abc.net.au/news/2013-01-09/indigenous-leader-calls-for-action...
9 Jan 13: "One of Australia's most prominent Indigenous leaders is calling for a national summit on Aboriginal justice issues to reverse soaring incarceration levels. National and state statistics show Indigenous youths are being locked up at an alarming rate. Warren Mundine says the incarceration rates have doubled in the past decade. "You've got figures of the Aboriginal population making up between 2 to 3 per cent of the Australian population and yet it is over 53 per cent of the juvenile justice and jail prison rates," he told The World Today." By Emily Bourke

See:

ABC Indigenous - About this Website
http://www.abc.net.au/indigenous/about/default.htm
"Welcome to ABC Indigenous - our new online portal for Aboriginal and Torres Strait Islander people. ABC Indigenous has replaced the pre-existing Message Stick gateway. The Indigenous portal was ‘soft-launched’ on Tuesday 2 June, 2008. The portal is designed to reflect current issues in the Indigenous community."

- Related Audio

Central Australian Aboriginal Media Association:
http://caama.com.au/radio#tabs-6
http://caama.com.au/wp-content/uploads/2013/01/am-10.1.12.mp3
10 Jan 13: "Warren Mundine, prominent Aboriginal leader is calling for a national summit to tackle the alarming rates of Indigenous incarceration."

* ABC THE WORLD TODAY AUDIO: JOBS NOT JAIL FOR TROUBLED INDIGENOUS YOUTHS: MUNDINE [CALL FOR A NATIONAL SUMMIT]

- Audio

ABC The World Today: Jobs not jail for troubled Indigenous youths: Mundine
http://www.abc.net.au/worldtoday/content/2013/s3666476.htm
9 Jan 13: "One of Australia's most prominent Indigenous leaders is calling for a national summit on Aboriginal justice issues to reverse soaring incarceration levels. Warren Mundine says Aboriginal youths are being jailed at double the rate of a decade ago. He says going to jail is now a culturally acceptable rite of passage for young Aboriginal men and boys. And he's accused state and federal governments of creating a so-called Indigenous prison industry. ...
WARREN MUNDINE: You've got figures of, you know, the Aboriginal population making up between 2 to 3 per cent of the Australian population and yet it is over 53 per cent of the juvenile justice and jail prison rates."

* ABC: INDIGENOUS YOUTH JUSTICE SUMMIT CALL DISMISSED

- News

ABC: Indigenous youth justice summit call dismissed
http://www.abc.net.au/news/2013-01-11/elferink-on-mundine-indigenous-you...
11 Jan 13: "Northern Territory Attorney-General John Elferink has dismissed calls from a prominent national Indigenous leader to tackle soaring incarceration levels of Aboriginal youth. Warren Mundine, who heads up the Generation One Indigenous employment initiative, says more diversionary programs and resources are needed to keep young people out of jail. He is calling for a national summit on Aboriginal justice issues. Mr Mundine has accused state, territory and federal governments of creating a so-called Indigenous prison industry. Mr Elferink says it is not the Territory Government's responsibility." By Melanie Arnost

* BACKGROUND TO ABORIGINAL IMPRISONMENT AND DEATHS IN CUSTODY:

Last updated: 9 January 2013

http://indymedia.org.au/2012/12/17/background-to-aboriginal-imprisonment...

* NIRS: GOVERNMENT 'DOESN'T WANT TO HEAR BAD NEWS ABOUT INCOME MANAGEMENT'

- News

National Indigenous Radio Service: Government 'doesn't want to hear bad news about income management'
http://www.nirs.org.au/news/latest-news/7729-government-doesnt-want-to-h...
9 Jan 13: "A senior researcher of Indigenous policy says the Federal Government is ignoring reports about the failure of income management in Northern Territory Indigenous communities. The University of Technology, Sydney's Eva Cox says the scheme doesn't improve the well-being of Aboriginal people in the NT. She also says the system is financially unviable, costing $80 a week per person in administration. Ms. Cox says research conducted by a number of organisations has shown no positive effects of income management, but the Government is looking the other way."

See:

About the National Indigenous Radio Service
http://www.nirs.org.au/about-us
"The National Indigenous Radio Service Limited (NIRS) is a national service provided from a hub station residing in Brisbane. It networks material for Indigenous media organisations that don't have the staffing or capital requirements to provide a 24-hour high quality broadcast to their audience."

* BACKGROUND TO 'STRONGER FUTURES' NEW NT INTERVENTION LAWS:

Last updated: 30 December 2012

http://indymedia.org.au/2012/04/22/background-to-stronger-futures-new-nt...

* BACKGROUND TO THE NORTHERN TERRITORY (NT) INTERVENTION:

Last updated: 30 December 2012

http://indymedia.org.au/2012/04/22/background-to-the-northern-territory-...

* SOVEREIGN UNION: SOVEREIGN UNION AND OUR POLITICAL FUTURE

- Analysis / Opinion

Sovereign Union: Sovereign Union and Our Political Future
http://nationalunitygovernment.org/content/sovereign-union-and-our-polit...
"Sovereign Union of First Nations and Peoples in Australia
The survival of our Mother Earth and our very right to exist is what we have to defend. ...
The Sovereign Union is an organisation that does not accept the right of the existing pseudo-government of Australia to rule over the rights of our Peoples. We have to understand that there are a number of International Court of Justice decisions that clearly state that Sovereignty remains with the People. (Western Sahara Case and others) The international objectives of the Sovereign Union are to have our Peoples recognised as 'Peoples' under the international legal definition. By campaigning to have this recognised we, as First Nations Peoples, have the international right as independent Peoples to assert the right of self-determination under international law."

See:

About 'Sovereign Union'
http://nationalunitygovernment.org/node/3
"This is the official website of the Sovereign Union of First Nations and Peoples in Australia. The Sovereign Union was first formed at a meeting on 12-14 June 1999 on Mt Kaputar, near Narrabri, NSW. A delegation was sent to Geneva to the UN Working Group of the Commission on Human Rights to take our sovereign voices to the international community. The Sovereign Union was further formalised with a Foundation Meeting of the 'Sovereign Union - interim Unity Government' at the Kuradji Tent Embassy, near Wollongong, New South Wales on May 25 2012."

* BACKGROUND TO THE ABORIGINAL SOVEREIGNTY MOVEMENT:

Last updated: 4 January 2013

http://indymedia.org.au/2012/04/22/background-to-the-aboriginal-sovereig...

* JOSEPH TOSCANO, ANARCHIST WORLD 3CR: TUNNERMINNERWAIT AND MAULBOYHEENER - FREEDOM FIGHTERS EXECUTION

- Audio

3CR Community Radio 855 AM - Podcasts
Anarchist World - 9 Jan 2013
[scroll down page] http://www.3cr.org.au/podcast
[download this program] http://pod.3cr.org.au/pod/3CRCast-2013-01-08-69660.mp3
9 Jan 13: "Tunnerminnerwait and Maulboyheener- freeedom fighters execution, the earth, direct action and more"

- Event

Event: Sun 20 January 2013: Melbourne, Vic
Commemorating the Freedom Fighters
Tunnerminnerwait & Maulboyheener
Please bring flowers
Lest We Forget
Event details: http://nationalunitygovernment.org/images/2013/gatherings/freedom-fighte...

See:

Who we are - 3CR Community Radio 855 AM
http://www.3cr.org.au/about_3CR
"The radio station was established in 1976 to provide a voice for those denied access to the mass media, particularly the working class, women, Indigenous people and the many community groups and community issues discriminated against in and by the mass media."

* NIRS: PARTIES MUST DETAIL INDIGENOUS POLICIES BEFORE ELECTION: CONGRESS

- News

National Indigenous Radio Service: Parties must detail Indigenous policies before election: Congress
http://www.nirs.org.au/news/latest-news/7724-parties-must-detail-indigen...
8 Jan 13: "The National Congress of Australia's First Peoples says the major political parties must clarify their positions on Indigenous self-determination before this year's Federal election. Congress co-chair Lez Malezer says 2013 will be an important year for Indigenous Australians, with elections to be held for both the Congress itself and the Federal Government. ... "We will want to know what the position of the parties is in relation to Congress and particularly about self-determination and decision-making about Aboriginal people.""

See:

About the National Indigenous Radio Service
http://www.nirs.org.au/about-us
"The National Indigenous Radio Service Limited (NIRS) is a national service provided from a hub station residing in Brisbane. It networks material for Indigenous media organisations that don't have the staffing or capital requirements to provide a 24-hour high quality broadcast to their audience."

* BACKGROUND TO NATIONAL CONGRESS OF AUSTRALIA'S FIRST PEOPLES:

Last updated: 5 May 2012

http://indymedia.org.au/2012/05/05/background-to-the-national-congress-o...

* NIRS: ILLAWARRA LALC SLAMS STATE BODY ON MINING PLANS

- News

National Indigenous Radio Service: Illawarra LALC slams state body on mining plans
http://www.nirs.org.au/news/latest-news/7727-illawarra-lalc-slams-state-...
9 Jan 13: "The chair of the Illawarra Local Aboriginal Land Council in New South Wales has described the state's peak land council as going 'rogue' on the issue of mining industry involvement. The New South Wales Aboriginal Land Council is in the process of getting more involved in mining, particularly the coal seam gas, uranium and coal industries. Roy 'Dootch' Kennedy from the Illawarra council is concerned about potential environmental impacts of mining in his region and says the issue must be discussed. ... The New South Wales Aboriginal Land Council says it does plan to consult with local councils on the issue."

See:

About the National Indigenous Radio Service
http://www.nirs.org.au/about-us
"The National Indigenous Radio Service Limited (NIRS) is a national service provided from a hub station residing in Brisbane. It networks material for Indigenous media organisations that don't have the staffing or capital requirements to provide a 24-hour high quality broadcast to their audience."

- Related News

Koori Mail: Gas protest planned
[scroll down page] http://www.koorimail.com/index.php
9 Jan 13: "NSW Aboriginal Land Council CEO Geoff Scott is unfazed by the threat of an anti-coal seam gas protest outside his Parramatta office. NSWALC has applied for petroleum exploration licences across much of the state, sparking Aboriginal activist Roy ‘Dootch’ Kennedy to plan a protest for 25 January. Mr Scott confirmed that NSWALC had also taken the initial steps to apply for a uranium exploration licence, saying the land council would not be digging an open-cut mine but was exploring ways of putting money in Aboriginal hands."

* OTHER ARTICLES:

- News

National Indigenous Radio Service: Demand for language preservation funding 'not being met'
http://www.nirs.org.au/news/latest-news/7723-demand-for-language-preserv...
8 Jan 13: "An Aboriginal language preservation worker from northern New South Wales says governments haven't matched the demand for funding for language projects. Gary Williams from the Muurrbay Aboriginal Language and Culture Cooperative says his group works to protect and revitalise a number of languages, including Bundjalung and Gumbayngirr. Mr. Williams says while more people are getting involved language programs, financial support is hard to come by."

Central Australian Aboriginal Media Association: What about our heritage?
http://caama.com.au/what-about-our-heritage
9 Jan 13: "Michael Mansell, respected Aboriginal human rights campaigner in Tasmania has expressed his disappointment at the mainstream media’s failure to report on the affects the bush fires have had on state’s Aboriginal heritage. The Tasmanian bushfires and their devastating effects on the state’s residents have been largely reported on in the Australian media…but Michael Mansell says of all the media reports on the bush fires, he has not heard a word of mention of the fires affects on Aboriginal people and Aboriginal heritage."

- Audio

Central Australian Aboriginal Media Association:
http://caama.com.au/radio#tabs-6
http://caama.com.au/wp-content/uploads/2013/01/am-8.1.13-updated.mp3
8 Jan 13: "An Aboriginal human rights campaigner in Tasmania has expressed his dissappointement at the mainstream media’s failure to report on the affects the bushfires have had on state’s Aboriginal heritage."

- Analysis / Opinion

Crikey: Aboriginal leaders must inspire the nation to recognise
http://www.crikey.com.au/2013/01/09/aboriginal-leaders-must-inspire-the-...
9 Jan 13: "The campaign to have Aboriginal Australians recognised in the constitution has stalled. Leaders must tap into the culture to inspire a nation to say "yes", says former ministerial adviser Rita Markwell. With Australians unlikely to vote on any constitutional change to recognise Australia’s first peoples until at least 2015, campaigners need to take greater control of the issue and its destiny. For indigenous leaders it’s probably the greatest test of leadership since the native title negotiations over two decades ago. They need to campaign, inspire and alliance-build in a hazardous environment, where ... " Rita Markwell

- - -

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