by ray jackson
whilst i am all in favour of our mobs being in both the australian constitution, along with any future bill of rights, i also see the process as being fraught with problems. problems that i see as only being solvable, in the main, by the atsi peoples initially.
whilst it cannot be argued against that south australia has the strongest and legal basis for their traditional lands, based on the historical letters patent being ignored by 'settlers' and sa governments, all the other aboriginal nations must be equal to the sa position for the return of their lands.
as gary foley and others, including me, continue to scream from the rooftops, native title is very much far removed from land rights. native title means only access to the lands, land rights means actual and real ownership of the lands and the resources therein.
our constitutional rights must include sovereignty, treaties and full compensatable social justice for the historical and current human rights abuses that our people have been heir to since the 1788 invasion.
any amendments and/or constitutional change must first come from a process of discussion by all of the elders of our nations, including of course the torres strait islanders. they however already have far more autonomy than do the aborigines on the mainland.
the offering from ms. lynette a crocker is a good place to start the discussions off but i stress that it is only a start. through-out our nations and the islands discussion groups must be set up to better analyse the needs and requirements of each nation group.
what do we, as the traditional owners of the stolen lands, want any constitutional change to reflect? what must be included to better protect our culture, our languages, our ancestors and, more importantly, the rights that must be granted to our children and our grand-children? for time eternal.
we cannot and must not leave it to the governments and non-aboriginal society to decide our constitutional fate.
for those who absolutely believe in our own self-management, this constitutional exercise is of the upmost importance for the future of a just atsi australia.
talk about it by all means but action speaks louder than words. hold public meetings in your communities, push the actions that we need to have instituted in the constitution.
this action of course will take time but after the invasion abuses of the previous 222 years, and how we have survived, time is on our side.
go for it!!!!!
fkj
ray jackson
president
indigenous social justice association
From: RomaMitchellHumanRightsVolunteerService
HERE'S the most shamefully DENIGRATING ABSOLUTE PROOF from the LEGAL & JUDICIAL SYSTEM that AUSTRALIA is an INSTITUTIONALLY RACIST COUNTRY. That is why Australia needs constitutional change and a Charter of Australian Rights:
http://www.iinet.net.au/customers/news/articles/7942802.html
Word 'n----r' not offensive: magistrate
The words "nigger" and "sand-nigger" are not offensive to reasonable people, a Queensland magistrate has ruled.
Magistrate Michael O'Driscoll made the ruling yesterday in a case where a retiree was before Southport Magistrates Court after sending a strongly-worded fax to a local politician.
Christie Turner, a staff member working for the politician, was offended when she read the fax from Denis Mulheron which called on the Labor Party to strengthen immigration laws against "niggers", "sand-nigger terrorists" and Muslim women who have been circumcised.
He also referred to indigenous Australians as "Abos", the Gold Coast Bulletin reports.
Mr Mulheron defended his language, telling the court: "I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language".
Mr O'Driscoll said that the language used in the fax was not strong enough to be punishable.
"The words used were crude, unattractive and direct but were not offensive to a reasonable person," he said.
Re: response to your email re use of "nigger, sand niggers' etc
From: Bonnie Sleep
To: RomaMitchellHumanRightsVolunteerService
Well the dark ages are alive and well!!!!!!
Simply being everyday language to some does not make it justifiable especially if and when the intent with its use is accompanied by rejection of all things humane, fair, just and positive. But then, Australia, as I have been recently informed by a friend who has just arrive back from overseas, is viewed by many over seas as a highly racist country. What a reputation, and these sorts of matters just add to confirm this undesirable dishonour. WHAT A JOKE!!! This issue appears no different to the KKK. I don't belong to the "cafe, chardonnay and socilist set..." but this is not acceptable everyday language to me or Aboriginal people I know. However, I thought one element of being intellectual is smart choice of words. Any Labour Party condoning this behaviour and view most certainly does not have my vote come this election on the 21st August 2011.
(eom)
http://www.abc.net.au/news/stories/2010/08/11/2979620.htm?section=justin
Australia appears before UN over human rights
By London correspondent Rachael Brown
The UN panel is investigating whether the Australian Government has singled out Aborigines and asylum seekers with racist policies.
Australia has appeared before a United Nations panel in Geneva, accused of human rights violations against Aboriginal people and asylum seekers.
The UN panel is investigating whether the Australian Government has singled out Aborigines and asylum seekers with racist policies.
The panel has suggested Australia consider a treaty with its Indigenous people.
Three years into the intervention program in the Northern Territory, the panel is concerned some discriminatory policies remain and that there is a lack of Indigenous inclusion in local decision making.
The Australian Government was also pressed on its decision to suspend new immigration claims from Sri Lankan and Afghan asylum seekers.
With admissions like that made by Magistrate O'Driscoll that openly racist attacks are not offensive, it shouldn't be too hard for the UN Human Rights panel.
Australia needs constitutional change YESTERDAY:
SUPPORT Kaurna Elder Lynette Crocker's proposal for amendments to the Australian Constitution to have a formal and legal inclusion of all Aboriginal people within the Australian Constitution.
From: Lynette A Crocker
Sent: Sunday, August 01, 2010 3:16 PM
Subject: Take Home Solutions - Not another Talk-fest! Re: Treaty-ing & applying OUR Sovereignty
The following proposal for amendments to the Australian Constitution may meet with the "perceived" necessity to have a formal and legal inclusion of all Aboriginal people within the Australian Constitution. It is based on the terms of the inclusion of the First Nation peoples of Canada in the 1982 new Canadian Constitution and Charter of Rights. The advantage that this proposal raises is that it enables the recognition of Aboriginal rights in the context of enacting a Charter of Rights to secure the legal and equal recognition of formal Aboriginal rights alongside every other constitutional right set out in the constitution and Charter. It also lays the ground for the representatives of the Aboriginal people to be given a legal identity with a constitutional foundation.
On this basis Aboriginal representatives would have a position from which to call for and to negotiate the settlement of a treaty to finalize all unfinished business.
I commend the proposal for your attention
____________________________________
PROPOSED amendment to the Commonwealth of Australia Constitution Act (1901) by the insertion in Clause 9 of Chapter IX--Charter Enacting Aboriginal Rights to provide for the insertion in the Constitution of placita 129 and 130 to institute provisions recognizing and enforcing the Rights of the Aboriginal Peoples of Australia:
Clause 9 of the Commonwealth of Australia Constitution (1901) is hereby amended to provide for the addition of Chapter IX--Charter Enacting Aboriginal Rights in Clause 9 and the Schedule is amended by the insertion of placita 129 and 130 as follows [see in red italics]:
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - CLAUSE 9
Constitution [see Note 1]
The Constitution of the Commonwealth shall be as follows:
The Constitution
This Constitution is divided as follows:
Chapter I--The Parliament
Part I--General
Part II--The Senate
Part III--The House of Representatives
Part IV--Both Houses of the Parliament
Part V--Powers of the Parliament
Chapter II--The Executive Government
Chapter III--The Judicature
Chapter IV--Finance and Trade
Chapter V--The States
Chapter VI--New States
Chapter VII--Miscellaneous
Chapter VIII--Alteration of the Constitution
Chapter IX--Charter Enacting Aboriginal Rights
Part I--The Rights of the Aboriginal Peoples of Australia
Part II--The Australian Charter of Rights and Freedoms
The Schedule
...
Chapter IX--Charter Enacting Aboriginal Rights
Part I--The Rights of the Aboriginal Peoples of Australia
Recognition of existing Aboriginal, native title and proclaimed rights.
RIGHTS OF THE ABORIGINAL PEOPLES OF AUSTRALIA
(1) The existing Aboriginal, native title and proclaimed rights of the
Aboriginal peoples of Australia are hereby recognized and affirmed.
Definition of "Aboriginal peoples of Australia"
(2) In this Act, "Aboriginal peoples of Australia" includes the Torres Strait Islander peoples of Australia.
Land claims agreements
(3) For greater certainty, in subsection (1) "native title and proclaimed rights" includes rights that now exist by way of land claims agreements or may be so acquired.
Aboriginal, native title and proclaimed rights are guaranteed equally to
both sexes
(4) Notwithstanding any other provision of this Act, the Aboriginal, native title and proclaimed rights referred to in subsection (1) are guaranteed equally to male and female persons.
Commitment to participation in constitutional conference.
The government of Australia and the State and territory governments are
committed to the principle that, before any alteration is effected to benefit of the Royal Proclamations in respect of the Aboriginal peoples of Australia that have been issued by the Imperial Crown, and including the Letters Patent of 19 February, 1836, establishing South Australia and before any amendment is made to any Imperial Acts with effect on the Aboriginal peoples of Australia, including the "South Australian Foundation Act, 1834", to section 130 of this Act or to this section,
(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Australia and the Premiers of the States and First Ministers of the territories, will be convened by the Prime Minister of Australia; and
(b) the Prime Minister of Australia will invite the representatives of the Aboriginal peoples of Australia to participate in the discussions on that item.
Part II--The Australian Charter of Rights and Freedoms
130. The Australian Charter of Rights and Freedoms
Australian Bill of Rights and Freedoms
AUSTRALIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Australia is founded upon principles that recognize the
supremacy of the Creator and the rule of law:
A Bill of Rights and Freedoms shall apply as annexed hereto subject to the following:
The guarantee by this Charter of certain rights and freedoms which hereby may be provided by the annexed Bill of Rights and Freedoms shall not be construed so as to abrogate or derogate from any Aboriginal, native title and proclaimed or other rights or freedoms that pertain to the Aboriginal peoples of Australia including:
(a) any rights or freedoms of the Aboriginal peoples of Australia that have been recognized Royal Proclamation that has been issued by the Imperial Crown in respect of the Aboriginal peoples of Australia and including the Letters Patent of 19 February,
1836; and,
(b) any rights or freedoms of the Aboriginal peoples of Australia that now exist by way of land claims, agreements or may be so acquired; and,
(c) any and all rights and freedoms of the Aboriginal peoples of Australia that have been recognized, exist or may be so acquired within the purview of this Constitution or otherwise under or by virtue of the Commonwealth of Australia Constitution Act (1901) as amended hereby.
____________________________________________________________________
SEE: http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/
http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s9.html
_______________________________________________________________
Yours in the struggle for Equity and Parity.
Lynette Alice Crocker
Ngangki Burka
Senior Kaurna Woman
Kowiandilla Meyunna - Kua Nepotinna (Lone Crow)
Chair of the Kaurna Nation Cultural Heritage Association Inc
Named Applicant Kaurna Native Title Claim
Independent SA Change Candidate for Legislative Council
http://sa-change.auspics.org.au/
M 0457802654
Traditional Owner
25 East Avenue NORTHFIELD SA 5085
On Kaurna Land (http://www.kaurnaplacenames.com/) - yet to be free !
(Colonised in the foundation of Adelaide, South Australia - the heartland of the 1836 Letters Patent)
(eom)
Patrick T. Byrt
http://www.unisanet.unisa.edu.au/research/condon/theses/THESES.asp?THESE...
Treasurer;
Convenor of Volunteers; Reconciliation & Human Rights
Roma Mitchell Community Legal Centre Inc.
110 The Parade, NORWOOD (Kaurna land)
PO Box 4018, NORWOOD SOUTH, S.A. 5067
TEL: (08) 8362 1199 / FAX: (08) 8362 0410
RMCLC campaign websites:
http://members.ozemail.com.au/~rmclc/page
e-mail: Patrick_Byrt@clc.net.au ; rmclc@ozemail.com.au
RMCLC is a Public Benevolent Institution
ABN 93 426 790 517
Join us in the Journey of Healing to remember the pain
of the Stolen Generations, their families and communities left
behind. Tell them how sorry we are. Ask our Government to sit
down and work out with the Stolen Generations how to repair
the damage done. Ask fellow Australians to join together to help
with healing for us all: visit: http://sajoh.auspics.org.au and
See also the Ngarrindjeri CANDLE LIGHT WALK on-line flyer at:
http://members.ozemail.com.au/~rmclc/CLW5-8-03.JPG
Roma Mitchell Community Legal Centre Inc.
110 The Parade, NORWOOD, S.A. 5067
PO Box 4018, NORWOOD SOUTH, S.A. 5067
On land of the Kaurna People
TEL: (08) 8362 1199 / FAX: (08) 8362 0410
e-mail: rmclc@ozemail.com.au
http://members.ozemail.com.au/~rmclc/page
http://rmhrvs.auspics.org.au
RMCLC is a Public Benevolent Institution
ABN 93 426 790 517