Newsletter date: 11 June 2012
Contents:
* NIT: To make Native Title meaningful government must ...Drop proof of ownership
* Michael Anderson: Mabo Judges Perverted The Course Of Justice
* Congress: Keep door open for more substantial Native Title reform
* Mick Gooda: Native title reform could go closer to fulfilling Mabo's legacy
* Greens Rachel Siewert: Onus of proof omission a native title letdown
* The Wire: Native Title reform fails to make key change to law
* Mabo and Native Title News
* ECNT / ALEC / BNI: Nuclear waste dump plan should be taken off the table before it goes off the rails
* Respect and Listen: Muckaty nuclear waste dump update
* Background to the proposed Muckaty nuclear waste dump
* Background to expansion of Olympic Dam mine challenge
* Other articles
* NIT: TO MAKE NATIVE TITLE MEANINGFUL GOVERNMENT MUST ...DROP PROOF OF OWNERSHIP
- News
National Indigenous Times: To make Native Title meaningful government must ...Drop proof of ownership
http://www.nit.com.au/your-say.html
http://www.nit.com.au/news/1219-drop-proof-of-ownership.html
7 Jun 12: "Proof of ownership would no longer be required by Traditional Owners in Native Title claims if the Federal Labor Government would agree to join with the Federal Parliament's independent, Rob Oakeshott and the Australian Greens to pass the legislation. The issue of ownership has been a major issue for Traditional Owners lodging Native Title claims because the current legislation requires them to prove their connection with the land. However, the independent Mr Oakeshott said he would support legislation currently being proposed by the Australian Greens ... "
* MICHAEL ANDERSON: MABO JUDGES PERVERTED THE COURSE OF JUSTICE
- Media Statement
Sovereign Union: Mabo Judges Perverted The Course Of Justice
http://nationalunitygovernment.org/content/mabo-judges-perverted-course-...
6 Jun 12: "While the 1992 Mabo judgement was a major milestone in Aboriginal history, we must remember that the judges in this case presented the same cowardice as Justice Blackburn in the Millirrpum Gove case in the 1970s.
In the Gove case, the court gave much weight to the evidence presented by anthropologist Ronald Berndt who coined the phrase, "the Aborigines don't own the land, the land owns them" or words to that effect, thus resigning our people to forever being part of the natural flora and fauna of this country. It must also be stated that the Gove matter was not presented with the 1872 Pacific islanders Protection Act as amended in 1875. ... " By Michael Anderson, National Coordinator of the National Unity Government of the 'Sovereign Union'
* CONGRESS: KEEP DOOR OPEN FOR MORE SUBSTANTIAL NATIVE TITLE REFORM
- Media Release
National Congress of Australia’s First Peoples:
Keep door open for more substantial Native Title reform
http://nationalcongress.com.au/congress-says-keep-door-open-for-more-sub...
6 Jun 12: "Congress will continue to advocate for more substantive changes to the Native Title Act, including reversing the onus of proof for claimants, following the Government’s announcement of a raft of reforms today.
Congress Co-Chairs Les Malezer and Jody Broun welcomed the positive reforms as the first stage in the Government’s incremental approach to making the Native Title Act stronger and more workable.
The reforms cover taxation, good faith negotiations, agreements for historical extinguishment, and a new easier way to vary land use agreements.
Co-Chair Malezer said these are positive changes but do not go far enough for many Aboriginal and Torres Strait Islander peoples."
See:
Indigenous radio station 98.9FM Brisbane:
Les Malezer & Jimi Bani
http://www.989fm.com.au/category/podcasts/
8 Jun 12: "National Congress co-chair Les Malezer and Actor Jimi Bani, playing Eddie Mabo in upcoming production."
Listen to this interview on-line:
http://www.989fm.com.au/podcasts/lets-talk/les-malezer-jimi-bani/
[Includes discussion of Native Title.]
WGAR News: Congress: Congress tells PM: Native Title is not real land rights (5 Jun 12)
[scroll down page] http://indymedia.org.au/2012/06/05/wgar-news-audio-from-the-litigating-t...
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...
* MICK GOODA: NATIVE TITLE REFORM COULD GO CLOSER TO FULFILLING MABO'S LEGACY
- Analysis / Opinion
Australian Human Rights Commission: Native title reform could go closer to fulfilling Mabo's legacy
Publication: Sydney Morning Herald, Page 9 (Mon 4 Jun 2012)
http://www.hreoc.gov.au/about/media/media_releases/op_ed/20120604_mabo.html
"I was working in the Torres Strait in the late 1980s and I remember the buzz that went around Thursday Island when Koiki (Eddie Mabo) was back in town. ... Currently, native title claimants have to provide all the information that's required to demonstrate their continuous connection to country. As these reforms sit before the federal Parliament, I find myself wondering what Eddie Mabo would think now? I'd like to think he'd still hold out hope that the promise Mabo represented really will be fulfilled." By Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner
See:
WGAR News: AHRC: The promise of Mabo is yet to be realised (5 Jun 12)
[scroll down page] http://indymedia.org.au/2012/06/05/wgar-news-audio-from-the-litigating-t...
* GREENS RACHEL SIEWERT: ONUS OF PROOF OMISSION A NATIVE TITLE LETDOWN
- Media Releases
Rachel Siewert: Onus of proof omission a native title letdown
http://rachel-siewert.greensmps.org.au/content/media-releases/onus-proof...
6 Jun 12: "The Australian Greens say a key element of native title reform has been overlooked by the government, undermining the effectiveness of their reforms.
"Reversing the onus of proof is the key amendment that is needed to make ensure the native title system is more effective," Senator Rachel Siewert, Australian Greens spokesperson on Aboriginal and Torres Strait Islander Issues said today.
"The extremely high hurdle for Aboriginal people to prove their ongoing connection to the land means that native title claimants are dying before seeing their claims settled.
"It is a requirement that inherently disadvantages those who have experienced higher levels of dispossession and disconnection over the course of the last two centuries. ... " [Senator Siewert said] "
Rachel Siewert: Native title amendments necessary to improve outcomes
http://rachel-siewert.greensmps.org.au/content/media-releases/native-tit...
5 Jun 12: "Australian Greens Senator Rachel Siewert, spokesperson on Aboriginal and Torres Strait Islander issues said today she was 'waiting with interest' for the announcement of the Government's proposed amendments to the Native Title Act.
"The Native Title Act is in urgent need of amendment in order for it to truly deliver on its promise," Senator Siewert said today.
"For years there have been calls individuals and organisations to simplify the system and make some measured changes to the legislation to improve outcomes for native title holders.
"Any Government amendments must include reversing the onus of proof placed on establishing connections to the land. The current burden of proof disadvantages those people who have experienced higher levels of displacement over the past two centuries. The amendments should also improve the 'good faith' negotiations provisions in the Act. ... " [Senator Siewert said] "
* THE WIRE: NATIVE TITLE REFORM FAILS TO MAKE KEY CHANGE TO LAW
- Audio
The Wire: Native Title reform fails to make key change to law
Produced by Marty McCarthy
http://www.thewire.org.au/storyDetail.aspx?ID=9213
6 Jun 12: "The Government announced changes to Australia’s Native Title legislation in Townsville today, but some Indigenous groups still aren't happy. Traditional owners will still have to prove they have maintained an unbroken connection to the land before being granted Native Title, but this can be very difficult to do.
Featured in story:
* Brian Wyatt, CEO of the National Native Title Council
* Vincent Coultard, Adnyamathanha Community Leader
* Stephen Kenny, Native Title lawyer"
* MABO AND NATIVE TITLE NEWS:
- Audio
Central Australian Aboriginal Media Association:
CAAMA Radio Online News 7.06.12
http://caama.com.au/caama-radio-online-news-7-06-12
7 Jun 12: "* The Federal Attorney General Nicola Roxon has announced significant changes to Native Title Law at the annual Native Title Conference in Townsville.
* The peak representative for Aboriginal people in Australia says it will continue to push for more substantial native title reform."
- News
Townsville Bulletin: Sovereignty protest at Native Title Conference
http://www.townsvillebulletin.com.au/article/2012/06/06/336121_news.html
8 Jun 12: "PROTESTS broke out at the Annual National Native Title conference yesterday, with a small band of activists claiming legislation doesn't do enough to recognise Aboriginal sovereignty.
Hundreds of indigenous representatives and lawyers from across Australia attended the first day of the conference, held at the Townsville Entertainment and Convention Centre, to learn about policy and legal issues for native title applications. ... Townsville-based indigenous leader Dr Gracelyn Smallwood led the protest in an attempt to highlight flaws with native title legislation."
National Indigenous Radio Service: Proving connection "extremely difficult": Native Title expert
http://www.nirs.org.au/news/latest-news/7295-proving-connection-qextreme...
8 Jun 12: "An expert in Native Title says it's extremely difficult for Indigenous people to prove they have an unbroken connection to land claimed under Native Title. The Federal Government this week announced intended changes to the Native Title Act, but it won't move to remove the onus on Indigenous people to prove connection to land. Griffith University's Professor Ciaran O'Faircheallaigh says a lack of written records at the time of white settlement can make it impossible to establish connection."
National Indigenous Radio Service: Onus of proof change not 'radical', says a Native Title head
http://www.nirs.org.au/news/latest-news/7291-onus-of-proof-change-not-ra...
8 Jun 12: "The head of Queensland South Native Title Services has slammed Attorney-General Nicola Roxon for describing desired changes to the Native Title Act as "radical". Ms. Roxon on Wednesday used the term when referring to changes proposed by a number of Indigenous rights advocates to reverse the onus on traditional owners of proving connection to land. Instead, the Federal Government announced other changes such as creating criteria for 'good faith' in negotiations."
newsTracker: Chicken Little George says native title is all sweet
http://tracker.org.au/2012/06/chicken-little-brandis-and-a-gutless-gilla...
8 Jun 12: "NATIONAL: When it comes to native title, a Liberal politician is like a kid in a candy store. He just can’t help himself. First there was then opposition leader John Howard, who, in 1995, stood in front of a map of Australia and predicted that more than 70% of the landmass was under threat. Then deputy prime minister Tim Fisher; in 1998 he promised “bucketloads of extinguishment” of Aboriginal native title rights through amendments to the Native Title Act. ... " By Chris Graham, managing editor of Tracker magazine
Townsville Bulletin: Native title amendments not sufficient
http://www.townsvillebulletin.com.au/article/2012/06/07/336431_news.html
7 Jun 12: "INDIGENOUS leaders say proposed changes to the native title system are not sufficient, claiming it will still take traditional owners at least 40 years to see their claims settled. Federal Attorney-General Nicola Roxon announced the intended changes at the Native Title Conference in Townsville yesterday morning. The conference has marked the 20th anniversary of the Mabo decision. Under the changes, indigenous land use agreements will become more flexible and less technical, and lands covered by native title will no longer be subject to income tax and capital gains tax."
National Indigenous Radio Service: Gooda: We're on the sidelines of Native Title determinations
http://www.nirs.org.au/news/latest-news/7289-gooda-indigenous-people-on-...
7 Jun 12: "The Indigenous Social Justice Commissioner says the Federal Government has missed an opportunity to speed up the Native Title process. Attorney-General Nicola Roxon on Wednesday announced proposed changes to the Native Title Act, but it stopped short of reversing the onus on Indigenous people to prove their connection to the land. Mick Gooda says proving connection is a slow process and he's been told by Native Title bodies that it costs up to a million dollars to do so with each Native Title claim."
newsTracker: Gillard weighs into Libs’ fear-mongering on native title
http://tracker.org.au/2012/06/gillard-weighs-into-libs-fear-mongering-on...
7 Jun 12: "NATIONAL: Prime Minister Julia Gillard has accused the Opposition of trying to "whip up fear" over plans for "modest" reform to native title laws. Under the changes announced on Wednesday, native title grants will no longer be subject to income and capital gains taxes. Terms of "good-faith negotiation" currently required will be written into the Native Title Act, while negotiating parties will be able to ignore historical extinguishment of rights."
newsTracker: Libs scaremongering on native title: Roxon
http://tracker.org.au/2012/06/libs-scaremongering-on-native-title-roxon/
7 Jun 12: "NATIONAL: Attorney-General Nicola Roxon says claims from the Opposition that native title reform will affect property prices are just "scaremongering". Under the changes announced by Ms Roxon on Wednesday, native title grants will no longer be subject to income and capital gains taxes. Terms of "good-faith negotiation" currently required will be written into the Native Title Act, while negotiating parties will be able to ignore historical extinguishment of rights."
Koori Mail: PM defends native title reforms
[scroll down page] http://www.koorimail.com/index.php
7 Jun 12: "PRIME Minister Julia Gillard has accused the Opposition of scaremongering over proposed reforms of the native title system. Opposition attorney-general George Brandis has raised concerns about the changes affecting property prices. But Ms Gillard said this was scaremongering similar to that which occurred during the Keating Labor government reforms and described the changes as modest."
Australian: Libs say native title reform will spark confusion
http://www.theaustralian.com.au/national-affairs/indigenous/libs-say-nat...
7 Jun 12: "THE opposition has signalled it may not support the Gillard government's landmark reforms to native title laws, arguing they will spark "complete confusion" and drive down the value of farmland."
newsTracker: Roxon ignores calls to reverse onus of proof on native title
http://tracker.org.au/2012/06/roxon-ignores-calls-to-reverse-onus-of-pro...
6 Jun 12: "NATIONAL: Federal Attorney-General Nicola Roxon believes parliament is unlikely to support reversing the onus of proof in native title claims. That’s why the government is pursuing incremental changes to existing laws. Ms Roxon will flag changes to the Native Title Act that aim to make indigenous land use agreements more flexible and less technical when she addresses the National Native Title Conference in Townsville on Wednesday."
newsTracker: Native title body pans law 'tinkering'
http://tracker.org.au/2012/06/native-title-body-pans-law-tinkering/
6 Jun 12: "NATIONAL: Aboriginal groups have described flagged changes to native title laws as tinkering at the edges, warning their elders will continue to die before some claims are settled. Federal Attorney-General Nicola Roxon unveiled the changes at a conference in Townsville today. Under the changes, Indigenous Land Use Agreements (ILUAs) will become more flexible and less technical, and lands covered by native title will no longer be subject to income tax and capital gains tax."
Koori Mail: Changes not enough: NNTC
[scroll down page] http://www.koorimail.com/index.php
6 Jun 12: "NATIONAL Native Title Council chief executive Brian Wyatt has accused the Federal Government of 'tinkering around the edges' of Native Title laws. Mr Wyatt said the current system placed an unjust burden on native title applicants, and he called again for the ‘onus of proof’ requirement to be reversed."
Koori Mail: Native Title changes outlined
[scroll down page] http://www.koorimail.com/index.php
6 Jun 12: "FEDERAL Attorney General Nicola Roxon has outlined changes to native title laws but has refused to reverse the onus of proof in native title claims. Under the changes, lands covered by native title will no longer be subject to income tax and capital gains tax, Indigenous land use agreements would be simplified, and the Government would legislate the terms of 'good faith negotiations' now required under the Act."
SMH: Gradual changes to native title law
http://www.smh.com.au/opinion/political-news/gradual-changes-to-native-t...
6 Jun 12: "NEW laws to make it easier, cheaper and swifter for Aboriginal groups to make and benefit from native title agreements with farmers and miners will soon be introduced to Parliament, Nicola Roxon promised today. Rejecting calls for more radical change, the Attorney-General argued that "incremental" change is more likely to deliver lasting benefits to indigenous Australia and the wider community. Speaking at a native title conference in Townsville, Ms Roxon announced reforms in four areas."
* ECNT / ALEC / BNI: NUCLEAR WASTE DUMP PLAN SHOULD BE TAKEN OFF THE TABLE BEFORE IT GOES OFF THE RAILS
- Media Release
Nuclear waste dump plan should be taken off the table before it goes off the rails.
By ALEC / BNI / ECNT
Nuclear Territory News: http://ntne.ws/articles/article.php?id=4723
8 Jun 12: "National and Northern Territory environment groups have called for an end to controversial plans to transport radioactive waste through the NT following another freight train derailment yesterday north of Tennant Creek. The Environment Centre NT, Arid Lands Environment Centre and Beyond Nuclear Initiative have said the latest accident highlights the risks and the lack of emergency response capacity associated with radioactive transport. ...
"The Territory is staring down the barrel of some major toxic transport projects including the proposed radioactive waste dump at Muckaty and the transport of copper concentrate and yellowcake from BHP Billiton’s Olympic Dam mine in South Australia, along with possible uranium shipments from future mine sites in WA", said the NT Environment Centre’s Cat Beaton. ...
"The transport of radioactive material is a weak link in the government’s dump plan and is emerging as a real and serious threat to the Territory’s environment and people," said Natalie Wasley from the Beyond Nuclear Initiative. "It is time for the federal government to listen to Traditional Owners and the NT community and stop pushing ahead with the Muckaty dump plan"."
- Related News
ABC Alice Springs: Train derailment fuels Muckaty fears
http://www.abc.net.au/local/stories/2012/06/08/3521295.htm
8 Jun 12: "A Muckaty traditional owner says yesterday's train derailment illustrates why the proposed nuclear waste dump should not go ahead. A freight train derailment, north of Tennant Creek is stirring up sentiment amongst Aboriginal people against a proposed nuclear waste dump at Muckaty Station. Muckaty traditional owner, Penelope Phillips from the Wirntiku group says the freight train derailment, north of Tennant Creek, raises concerns about the safety of transporting radioactive material. ... [Photo] Protestors march up the main street in Tennant Creek"
See:
Environment Centre NT
http://www.ecnt.org/
"The Environment Centre NT is the peak community sector environment organisation in the Northern Territory, Australia. The Environment Centre NT has been working to protect the environment since 1983."
Arid Lands Environment Centre (ALEC)
http://alec.org.au/
"The Arid Lands Environment Centre (ALEC) is a community-based environment organisation located in Alice Springs, Northern Territory. For more than 30 years, ALEC has advocated for the arid lands, plants, animals and people of Central Australia."
Beyond Nuclear Initiative (BNI)
http://beyondnuclearinitiative.com/
"The Beyond Nuclear Initiative (BNI) aims to highlight the adverse impact of the uranium and wider nuclear industry in Australia and promote a nuclear-free future."
* RESPECT AND LISTEN: MUCKATY NUCLEAR WASTE DUMP UPDATE
- News
Respect and Listen: Muckaty nuclear waste dump update
http://www.respectandlisten.org/muckaty.html
June 2012: "There is a lot of energy and momentum in the campaign at the moment thanks to all of the support activities people have been undertaking around the country.
1- Australian Council of Trade Unions votes to support Muckaty campaign ...
2- Rally in Tennant Creek/Alice Springs and Darwin public meeting ...
3- Update on Government process ...
4- Federal Court ... "
Source: Nat Wasley
"ACTU Congress 2012 - Self Determination, Consultation and Land Use"
* BACKGROUND TO THE PROPOSED MUCKATY NUCLEAR WASTE DUMP:
Last updated: 5 June 2012
http://indymedia.org.au/2012/04/22/background-to-the-proposed-muckaty-nu...
* BACKGROUND TO EXPANSION OF OLYMPIC DAM MINE CHALLENGE:
Last updated: 5 June 2012
http://indymedia.org.au/2012/05/13/background-to-expansion-of-olympic-da...
* OTHER ARTICLES:
- News
newsTracker: Kimberley campaign the new Franklin fight
http://tracker.org.au/2012/06/kimberley-campaign-the-new-franklin-fight/
8 Jun 12: "NATIONAL: Former Greens leader and outgoing senator Bob Brown has compared the fight over a proposed $30 billion Kimberley gas hub with his successful Franklin River dam campaign. Talking to AAP from the far-north West Australian town of Broome on Thursday, Senator Brown said environmental protests over the James Price Point site - where Woodside Petroleum wants to build a major liquid natural gas (LNG) processing plant - were "rapidly becoming a national campaign"."
National Indigenous Times: Gas hub battle gets ugly
http://www.nit.com.au/news/1213-gas-hub-battle-gets-ugly.html
7 Jun 12: "Woodside's plan to drill on sacred sites draws angry response. By National Indigenous Times West Australian reporter Gerry Georgatos. Walmandan Tent Embassy has held strong for near a year at James Price Point however after it was recently uncovered that Woodside Petroleum had applied for clearances to drill on Aboriginal sacred sites it has become clear tensions between Traditional Owners and the... "
National Indigenous Times: Swan Valley residents evicted
http://www.nit.com.au/news/1212-swan-valley-residents-evicted.html
7 Jun 12: ""Welcome to a sample of Sorry Day recognition West Australian style" By National Indigenous Times West Australian reporter Gerry Georgatos. Sorry Day 2012 didn't mean anything as far as the West Australian Government and police were concerned. In what could only be described as crassness and a lack of respect police swooped on the Swan Valley Nyungah peoples at Lockridge on Sorry Day to evict them from... "
National Indigenous Times: No charges on Australia Day Embassy protest
http://www.nit.com.au/news/1210-no-charges-on-australia-day-embassy-prot...
7 Jun 12: "No charges will be laid over a disturbance on Australia Day involving Prime Minister Julia Gillard. Ms Gillard and Opposition Leader Tony Abbott were rushed from a Canberra restaurant by police when angry protesters, many of whom had been attending 40th anniversary celebrations at the nearby Aboriginal Tent Embassy, surrounded the building. ACT Policing said it had finalised its investigation... "
National Indigenous Times: A New Generation of Freedom Riders
http://www.nit.com.au/opinion/1185-a-new-generation-of-freedom-riders.html
7 Jun 12: "Story and image supplied by Johanna Kerin. Charles Perkins' historic Freedom Ride of 1965 has been recreated by a group of youths from New South Wales Central Coast. Their journey was captured in a 60 minute film, which held its world premiere on Wednesday night, to an audience of Freedom Ride participants, community members, family and... "
Roxby Downs Sun: Protestors working with elders
http://www.roxbydownssun.com.au/news/local/news/general/protestors-worki...
7 Jun 12: "The organisers of the “Lizard’s Revenge” event scheduled for next month on Arabana country have said they have been working with Aboriginal elders throughout their preparations. One of the organisers Izzy Brown said the organisers have consulted with aboriginal groups on several levels. "We have been in contact with both Kokatha and Arabunna elders, the Coober Pedy Kunga Juta, and Uncle Kevin Buzzacott," she said."
Moree Champion: To stop paying rent would be silly: Munro
http://www.moreechampion.com.au/news/local/news/general/to-stop-paying-r...
7 Jun 12: "GOMEROI tribal people in the Moree area have been advised by their clans to stop paying rent for houses in the "top camp" and "old mission" areas as part of an assertion of sovereignty. Aboriginal spokesperson Michael Anderson said the Moree Gomeroi people were unhappy with the NSW Aboriginal Land Council (NSW ALC) for transferring administration of all NSW Aboriginal Land Council houses to foreign rental agencies. ... However he [Moree Aboriginal Land Council chair Lloyd Munro Snr] said it would be "really silly" to stop paying rent for housing."
- - -
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