Newsletter date: 2 April 2013
Contents:
* The Wire Audio: Remote communities' land in NT could be open to privatization
* PS News: NT community living under microscope
* 'concerned Australians' Chart including comments on Land Reform
* FaHCSIA: Community Living Area Land Reform in the Northern Territory
* The Hon Jenny Macklin MP & Warren Snowdon MP: Discussion paper on community living area land reform
* Amanda Midlam, On Line Opinion: The current state of the Northern Territory intervention (31 Jan 12)
* Greg Marks: Toeholds on Country: Aboriginal Community Living Areas in the Northern Territory (Mar/Apr 12)
* Greg Marks submission about Community living areas Land Reform (2012)
* NT Shelter Submission about Land Reform (Feb 12)
* Central Land Council: Community Living Areas
* Central Land Council: Stronger Futures: Reform to community Living area legislation needed says CLC (20 Feb 12)
* ABC Alice Springs Audio Interview with Marie Ellis: Why we want our community back
* AHRC: Social Justice Report 2012 - Ch 3: Local government reform and the Intervention: disempowerment in the Northern Territory
* Adam Giles: Local Government Consultations Begin
* Northern Territory Government: Your Council. Your Voice.
Options for Regional Governance in the Northern Territory - Consultation Paper
* Let's Talk's Tiga Bayles interviews Professor Jon Altman about the re-shuffle of the new NT Parliament, etc
* Background to 'Stronger Futures' new NT Intervention laws
* Background to the Northern Territory (NT) Intervention
* Other articles
* THE WIRE AUDIO: REMOTE COMMUNITIES' LAND IN NT COULD BE OPEN TO PRIVATIZATION
- Audio Interview
The Wire: Remote communities' land in NT could be open to privatization
Produced by Lidia Nikonova
http://www.thewire.org.au/storyDetail.aspx?ID=10146
18 Mar 13: "A new policy proposal in the Northern Territory could see Remote communities’ lands further opened up to private ownership. Many of remote communities have a communal model of ownership, but the new Policy Homeland Extra aims to smooth the way for land to be privately owned. ... While some believe the policy will improve the living conditions, it could also change the kin-based structure of the communities. And private ownership may also radically change the communal lifestyle, some experts argue.
Featured in story:
* Professor Jon Altman, Australian National University
* Mark Hughes, The Centre for Independent Studies"
- Related Professor Jon Altman 'Stronger Futures' Submission
Professor Jon Altman
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=161...
* PS NEWS: NT COMMUNITY LIVING UNDER MICROSCOPE
- News
PS News: NT community living under microscope
http://www.psnews.com.au/Page_psn35312.html
19 Mar 13: "A discussion paper on reforming community living area land in the Northern Territory has been released for public comment. Minister for Indigenous Affairs, Jenny Macklin said during Stronger Futures consultations, Aboriginal people said they wanted to reduce barriers to economic development. "Reforming community living areas is one way we are looking to help remove barriers to economic development," Ms Macklin said. She said a community living area was a small portion of land granted out of a pastoral lease and granted as conditional freehold to an Aboriginal community or family ... "
* 'CONCERNED AUSTRALIANS' CHART INCLUDING COMMENTS ON LAND REFORM
- Chart
'concerned Australians' Chart: Stronger Futures Legislation (and Associated Bills) passed into Law on 29 June, 2012
http://www.concernedaustralians.com.au/media/Stronger_Futures-Chart.pdf
"LAND REFORM
The [Stronger Futures] legislation aims to remove certain restrictions on land in Town Camps and in Community Living Areas. However, the legislation also gives power to the Minister in Canberra to make decisions regarding development in these areas without direct consultation with owners"
[Includes quotes from Olga Havnen, Darwin and Alastair Nicholson, former Chief Justice of the Family Court of Australia.]
- Related 'concerned Australians' 'Stronger Futures' Submission
cA 'concerned Australians'
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=c52...
[Land Reform is discussed on pages 6 and 7.]
- Other 'Stronger Futures' Submissions
Stronger Futures in the Northern Territory Bill 2011 and two related bills
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committee...
* FaHCSIA: COMMUNITY LIVING AREA LAND REFORM IN THE NORTHERN TERRITORY
- News
Department of Families, Housing, Community Services and Indigenous Affairs: Community Living Area Land Reform in the Northern Territory
http://www.fahcsia.gov.au/community-living-area-land-reform-in-the-north...
15 Mar 13: "The Australian Government has made a 10-year commitment to work with Aboriginal people in the Northern Territory to build strong, independent lives where communities, families and children are safe and healthy. In 2011, Stronger Futures in the Northern Territory consultations reported on specific barriers to economic development that needed to be overcome, including through continued land reform. The Australian Government is committed to reforming land tenure arrangements for community-titled Indigenous held land across Australia, ... "
Direct link to the Discussion Paper:
http://www.fahcsia.gov.au/our-responsibilities/indigenous-australians/pr...
Department of FaHCSIA: Community Living Area Land Reform in the Northern Territory
How to provide feedback
http://www.fahcsia.gov.au/community-living-area-land-reform-in-the-north...
"The Australian Government invites written feedback to the discussion paper by 12 April 2013. It is intended that written feedback will inform discussions at in-community meetings."
"Feedback can be submitted by post:
Land and Economic Development Branch
Department of Families, Housing, Community Services and Indigenous Affairs
PO Box 7576
Canberra Business Centre
ACT 2610
By email:
CLAlandreform@fahcsia.gov.au
All written feedback will be made public at this web address."
* THE HON JENNY MACKLIN MP & WARREN SNOWDON MP: DISCUSSION PAPER ON COMMUNITY LIVING AREA LAND REFORM
- Joint Media Release
The Hon Jenny Macklin MP & Warren Snowdon MP: Discussion paper on community living area land reform
http://jennymacklin.fahcsia.gov.au/node/2273
15 Mar 13: "The Australian Government today released a discussion paper on reforming community living area land in the Northern Territory.
The Minister for Indigenous Affairs Jenny Macklin said that during Stronger Futures consultations Aboriginal people told the Government that they wanted to reduce barriers to economic development.
"Reforming community living areas is one way we are looking to help remove barriers to economic development," Ms Macklin said.
A community living area is a small portion of land granted out of a pastoral lease and granted as conditional freehold to an Aboriginal community or family for residential purposes where Aboriginal people did not benefit from land granted under the Aboriginal Land Rights (Northern Territory) Act 1976. ... "
Direct link to the Discussion Paper:
http://www.fahcsia.gov.au/our-responsibilities/indigenous-australians/pr...
Department of FaHCSIA: Community Living Area Land Reform in the Northern Territory
How to provide feedback
http://www.fahcsia.gov.au/community-living-area-land-reform-in-the-north...
"The Australian Government invites written feedback to the discussion paper by 12 April 2013. It is intended that written feedback will inform discussions at in-community meetings."
"Feedback can be submitted by post:
Land and Economic Development Branch
Department of Families, Housing, Community Services and Indigenous Affairs
PO Box 7576
Canberra Business Centre
ACT 2610
By email:
CLAlandreform@fahcsia.gov.au
All written feedback will be made public at this web address."
* AMANDA MIDLAM, ON LINE OPINION: THE CURRENT STATE OF THE NORTHERN TERRITORY INTERVENTION
- Analysis / Opinion
On Line Opinion: The current state of the Northern Territory intervention
http://www.onlineopinion.com.au/view.asp?article=13182&page=0
31 Jan 12: "In Part Two, "Land Reform", it states that the "measures are aimed at facilitating the granting of rights and interests, and promoting economic development, in those camps and areas" (ComLaw 2011). However in the detail it states that the regulations may modify any law of the Northern Territory relating to: the use of land; or dealings in land; or planning; or infrastructure; or any matter prescribed by the regulations to the extent that the law applies to a town camp and the same conditions apply to community living areas. This gives the Federal Government more power over the Northern Territory government; it doesn't empower Aboriginal people in the slightest." By Amanda Midlam
* GREG MARKS: TOEHOLDS ON COUNTRY: ABORIGINAL COMMUNITY LIVING AREAS IN THE NORTHERN TERRITORY
- Analysis / Opinion
Greg Marks: Toeholds on Country: Aboriginal Community Living Areas in the Northern Territory
Respect and Listen: http://www.respectandlisten.org/nt-intervention/stronger-futures.html
Respect and Listen: http://www.respectandlisten.org/uploads/downloads/NT_Intervention/Strong...
March/April 2012: "Conclusion: CLAs [Community Living Areas] are an important part of the land base for Northern Territory Aboriginal people. The potential in this legislation is for the Aboriginal owners of CLAs to be marginalised. ... The wide scope of regulations that can be made under the legislation poses a threat to the integrity of the CLAs. ... The proposed provisions are in danger of being discriminatory. ... The Stronger Futures Bill represents a potential and significant threat to Aboriginal people in respect of the precarious toehold on country provided by excisions, that is, Community Living Areas."
"'Greg Marks', Toeholds on Country: Aboriginal Community Living Areas in the Northern Territory, Indigenous law Bulletin, March/April 2012, Volume 7/Issue 29."
- Related Editorial
UNSW Indigenous Law Centre: March/April 2012, Volume 7 Issue 29 Editorial
http://www.ilc.unsw.edu.au/publications/ilb/marchapril-2012-volume-7-iss...
March/April 2012: "Greg Marks writes for us on the land reform measures that form part of the Stronger Futures Legislation (which replaces 'the Intervention'). Specifically, Greg focuses on the potential of this legislation to marginalise the Aboriginal owners of Community Living Areas."
* GREG MARKS SUBMISSION ABOUT COMMUNITY LIVING AREAS LAND REFORM
- Submission
From: Greg Marks (Policy and International Law Analyst)
To: Senate Community Affairs Legislation Committee
Re Inquiry into Social Security Legislation Amendment Bill 2011;
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011;
Stronger Futures in the Northern Territory Bill 2011
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=e63...
"I have outlined concerns that I have, on my reading of the provisions, with the Community Living Areas section of Part 3 of the Bill. ... If the Committee does feel there is substance to these concerns, the question would arise on ways in which the legislation might be postponed or improved to alleviate these concerns and provide for meaningful consultation and participation. The current provisions are, in my view, in danger of being discriminatory both in terms of the apparent lack of consultation in developing the legislation itself and in respect of the consultation mechanisms contained in the legislation when implemented."
- Other 'Stronger Futures' Submissions
Stronger Futures in the Northern Territory Bill 2011 and two related bills
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committee...
* NT SHELTER SUBMISSION ABOUT LAND REFORM
- Submission
NT Shelter Submission
in response to the Federal Senate Standing Committees on Community Affairs’ call for submissions re the:
Social Security Legislation Bill 2011
Stronger Futures in the Northern Territory (Consequentional and Transitional Provisions) Bill 2011
Stronger Futures in the Northern Territory Bill 2011
http://ntshelter.org.au/uploads/ntshelter/Document%20Uploads/0212%20Sena...
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=49b...
February 2012: "With regard to land reforms, we are concerned that the proposed legislation may not be adequately formed by the free, prior and informed consent of parties who are directly impacted by the proposed legislation. The Government’s stated predisposition in favour of 'mainstreaming' of social housing management, and championing of individual household home ownership, when combined with the legislation’s land tenure reform, has the very ready potential to negatively impact on the long term social fabric of town camps and community living areas."
- Related Australian Lawyers Alliance 'Stronger Futures' Submission
Australian Lawyers Alliance - Lawyers for the People
A Stronger Future? Disempowerment and denial of legal rights:
The establishing of a separate set of rights and interests for Indigenous communities under the Stronger Futures legislation
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=5f5...
[Land reform is discussed on pages 39 to 42.]
- Related IRAG 'Stronger Futures' Submission
Intervention Rollback Action Group (IRAG) - Alice Springs, NT
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=6d5...
"Land: - The nature of Community Living Areas (CLAs) and town camp land is being changed, which potentially changes the previously legislated nature of this land as being for the use of Aboriginal people. CLAs and town camp land must remain Aboriginal land. With respect to CLAs, IRAG believes that titles must not be able to be revoked, as is the Aboriginal peoples' wish. ... " pages 3 and 4
- Related STICS 'Stronger Futures' Submission
Stop the Intervention Collective Sydney (STICS)
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=77f...
31 Jan 12: "Land reform measures undermine Aboriginal Land Rights and suggest there may be another agenda. The flawed philosophy of forcing Aboriginal people from their own homelands into hub towns is disempowering and callous and one that could lead to dysfunction in the hub towns as Aboriginal people from different tribal areas with diverse traditions, customs and culture try to co-exist. Aboriginal people will have to live on another’s country and be denied their connection to living and practicing culture on their own land (a right which should be unalienable and guaranteed under UNDRIP) ... Aboriginal people living in Prescribed Areas report their despair and sense of disempowerment because of the swathe of measures being imposed upon them from the top down including, ... the complete Commonwealth control over regulations in Community Living Areas, ... " page 3
- Other 'Stronger Futures' Submissions
Stronger Futures in the Northern Territory Bill 2011 and two related bills
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committee...
* CENTRAL LAND COUNCIL: COMMUNITY LIVING AREAS
- Article
Central Land Council: Community Living Areas
Community Living Areas are small Aboriginal living areas excised from pastoral leases.
http://www.clc.org.au/articles/info/community-living-areas
http://www.clc.org.au/articles/cat/community-living-areas/
"While the Land Rights Act gave many Aboriginal people in the Northern Territory their traditional lands back, those whose country was on a pastoral lease, were left out. Unless the traditional owners had bought the pastoral lease, it couldn’t be claimed as Aboriginal land under the Land Rights Act. Of course pastoral leases are very expensive and difficult to buy so very few people got their land back in this way. Otherwise Aboriginal people could only claim Crown land."
* CENTRAL LAND COUNCIL: STRONGER FUTURES: REFORM TO COMMUNITY LIVING AREA LEGISLATION NEEDED SAYS CLC
- Media Release
Central Land Council: Stronger Futures: Reform to community Living area legislation needed says CLC
http://www.clc.org.au/media-releases/article/stronger-futures-reform-to-...
20 Feb 12: "The Central Land Council is calling for comprehensive and urgent reform to legislation governing Community Living Areas (CLAs).
CLAs are small areas of land excised from pastoral leases for Aboriginal people who were unable to claim land under the Aboriginal Land Rights Act because their land was on a pastoral lease.
The CLC says while it supports Australian and Northern Territory Government efforts to formalise land tenure in Aboriginal communities, it is deeply concerned that quick fixes to NT legislation governing Community Living Areas (CLAs) could leave the Aboriginal landowners and other stakeholders vulnerable to uncertainty."
- Related CLC Central Land Council 'Stronger Futures' Submission
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=645...
- Related NLC Northern Land Council 'Stronger Futures' Submission
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=f7f...
- Related APO NT Aboriginal Peak Organistions Northern Territory 'Stronger Futures' Submission
https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=296...
- Other 'Stronger Futures' Submissions
Stronger Futures in the Northern Territory Bill 2011 and two related bills
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committee...
* ABC ALICE SPRINGS AUDIO INTERVIEW WITH MARIE ELLIS: WHY WE WANT OUR COMMUNITY BACK
- Audio Interview
ABC Alice Springs: Why we want our community back
By Brendan Phelan
http://www.abc.net.au/local/audio/2013/03/17/3717414.htm?site=alicesprings
17 Mar 13: "A long-running legal battle to eject a Northern Territory Shire from an Aboriginal community has entered mediation. The Amoonguna Community Council Incorporated initiated the legal action six years ago when the MacDonnell Shire took over. The head of the community council, Marie Ellis, said the mediation was requested by the Shire, but that it was still unclear exactly what will be on the negotiating table. Ms Ellis said that the dysfunction in her community had worsened under the management of the MacDonnell Shire, and that they had had not done enough to tackle the key problem of alcohol abuse."
* AHRC: SOCIAL JUSTICE REPORT 2012 - CH 3: LOCAL GOVERNMENT REFORM AND THE INTERVENTION: DISEMPOWERMENT IN THE NORTHERN TERRITORY
- Report
Australian Human Rights Commission: Social Justice Report 2012
Chapter 3: Local government reform and the Intervention: disempowerment in the Northern Territory
http://humanrights.gov.au/social_justice/sj_report/sjreport12/chap3.html
October 2012: "3.1 Background
3.2 Local government reform: Shires
3.3 The Northern Territory 'Intervention': Northern Territory Emergency Response and Stronger Futures
3.4 Health impact of disempowerment
3.5 Lessons to be learnt from the Intervention and local government reform
3.6 Concluding observations"
3.6 Concluding observations:
http://humanrights.gov.au/social_justice/sj_report/sjreport12/chap3.html...
" ... Recommendations
3.1 That the Australian and Northern Territory Governments invest in developing and strengthening governance structures and systems in Northern Territory Aboriginal communities to ensure they are culturally legitimate and aligned to community needs and priorities.
3.2 That any reforms to governance arrangements in the Northern Territory be done in genuine consultation, and where appropriate in partnership, with the Aboriginal communities affected. Consultations should be undertaken in accordance with the features of meaningful and effective consultation contained in the Native Title Report 2010."
* ADAM GILES: LOCAL GOVERNMENT CONSULTATIONS BEGIN
- Media Release
Adam Giles MLA - Member for Braitling - Minister for Local Government: Local Government Consultations Begin
http://newsroom.nt.gov.au/adminmedia/mailouts/10480/attachments/130312 Giles - Local Government consultations begin.pdf
http://newsroom.nt.gov.au/index.cfm?fuseaction=viewRelease&id=10480&d=5
http://www.lgnews.com.au/nt-local-government-under-review/#.UVJRzjfx_1V
12 Mar 13: "Community consultations commence today for improving regional governance in the Northern Territory. Local Government Minister Adam Giles said the NT Government was visiting all corners of the Territory to listen to what local people living in regional and remote communities need from their local council and their ideas for improving regional governance. ... "The consultations will focus on how we improve regional governance to make sure people living in regional and remote areas have a say on local government and other government programs.""
- Related Media Release
Adam Giles MLA - Member for Braitling - Minister for Local Government: Range of Options for Improving Local Government
http://newsroom.nt.gov.au/adminmedia/mailouts/10272/attachments/130124 Giles - Range of options for improving Local Government.pdf
http://newsroom.nt.gov.au/index.cfm?fuseaction=printRelease&ID=10272
http://newsroom.nt.gov.au/adminmedia/mailouts/10272/attachments/130124 Giles - Range of options for improving Local Government.pdf
24 Jan 13: "Introducing regional councils is one option being considered for the Northern Territory among a range of proposed changes to local government. Local Government Minister Adam Giles said a 21-member Regional Governance Working Group had reviewed the functions and performance of shires and councils in developing proposals to improve local government in regional and remote communities. "The shire councils created in July 2008 made some progress across some issues, although in most cases, they failed to recognise the input of their community members," Mr Giles said."
Consultation Paper:
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0008/151298/...
Regional Governance Working Group Factsheet:
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0005/151295/...
Regional Governance Review FAQ:
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0006/151296/...
Review of Regional Governance:
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0003/151293/...
Poster:
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0020/151292/...
Radio ad mp3:
http://www.localgovernment.nt.gov.au/__data/assets/mp3_file/0007/151297/...
Local Government Association of the NT:
LGANT Newsletter 22 March 13 – includes consultations announcement:
http://www.lgant.asn.au/download/lgant-newsletter/This%20Week%20@%20LGANT%2022%20March%202013.pdf
* NORTHERN TERRITORY GOVERNMENT: YOUR COUNCIL. YOUR VOICE.
OPTIONS FOR REGIONAL GOVERNANCE IN THE NORTHERN TERRITORY - CONSULTATION PAPER
- Consultation Paper
Northern Territory Government: Your Council. Your Voice.
Options for Regional Governance in the Northern Territory - Consultation Paper
Regional Governance Working Group - March 2013
http://www.localgovernment.nt.gov.au/__data/assets/pdf_file/0008/151298/...
March 2013: "Contents:
1 Members of the Regional Governance Working Group
2 Definitons
4 Introduction
5 Background ...
8 Options for future regional governance ...
BC How to have your say"
"Find out more and have your say.
tell us online:
www.yourcouncil.nt.gov.au
email or write to us:
your.council@nt.gov.au
or
Regional Governance
GPO Box 4621, DARWIN NT 0801
call us:
1800 707 387"
* LET'S TALK'S TIGA BAYLES INTERVIEWS PROFESSOR JON ALTMAN ABOUT THE RE-SHUFFLE OF THE NEW NT PARLIAMENT, ETC
- Audio Interview
Indigenous radio station 98.9FM Brisbane:
Let's Talk - Professor Jon Altman
http://www.989fm.com.au/category/podcasts/lets-talk/
19 Mar 13: "Professor Jon Altman is a researcher at Canberra Univesity
Speaking about the re-shuffle of the new NT Parliament, the Federal Election campaign and the Native Title act Proposed Amendments"
Listen to this interview on-line:
http://www.989fm.com.au/podcasts/lets-talk/professor-jon-altman-6/
* BACKGROUND TO 'STRONGER FUTURES' NEW NT INTERVENTION LAWS:
Last updated: 24 March 2013
http://indymedia.org.au/2012/04/22/background-to-stronger-futures-new-nt...
* BACKGROUND TO THE NORTHERN TERRITORY (NT) INTERVENTION:
Last updated: 20 February 2013
http://indymedia.org.au/2012/04/22/background-to-the-northern-territory-...
* OTHER ARTICLES:
- News
National Indigenous Radio Service: NT houses the Nation's most overcrowded
http://www.nirs.org.au/blog/NEWS/article/28942/NT-houses-the-Nation%27s-...
28 Mar 13: "New figures from the Australian Bureau of Statistics show the Northern Territory accounts for almost 60 per cent of severely overcrowded dwellings in the nation. ... The figures also show that more than 20,000 Aboriginal Australians are living in severely overcrowded housing."
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