History of Aboriginal and Torres Strait Islander Advocacy

Transcription

1 History of Aboriginal and Torres Strait Islander Advocacy

2 Aboriginal Tent Embassy 1972 Plan for Land Rights & Sovereignty: Control of NT as a State within the Commonwealth of Australia; Parliament of NT to be predominantly Aboriginal; Legal title to land and mining rights; Protection of sacred sites Compensation for lands not returnable.

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4 Beginning of Self Determination Era ALRA (NT) 1967 Aboriginal Councils and Associations Act 1976 (Cth) Aboriginal medical services Aboriginal legal services Department of Aboriginal Affairs NACC - National Aboriginal Consultative Committee (abolished in 1976 and replaced by National Aboriginal Conference in 1977 which was abolished in 1985)

5 National Treaty Committee, 1975

6 MAKARRATA is a coming together after a struggle. Above all, the MAKARRATA seeks the happiness, the unity and the well being of all Australian people.

7 NAC Call for Makarrata, The MAKARRATA recognises That the Aboriginal people were the prior owners of the Australian continent, and the Aboriginal people enter this agreement and negotiate with the Australian Government as an equal party. The Makarrata seeks compensation for the losses of the Aboriginal people. The compensation is sought in kind and in cash. The losses are primarily of land and culture. The MAKARRATA seeks For the loss of CULTURE: IN KIND: That the teaching of Aboriginal culture in Australian schools be compulsory, with the proviso that there are certain traditional and ceremonial aspects which cannot be taught.

8 The MAKARRATA seeks COMPENSATION IN KIND: Being the return of specific lands, those lands being: (a)aboriginal sacred sites; (b) Existing land occupied by the tribal people; (c)freehold title of all that land upon which Aboriginal people presently live, including in violate rights to the fishing and hunting associated with such lands. The MAKARRATA seeks COMPENSATION IN CASH:To recover our losses which are not recoverable in kind, paid at the annual rate of 1-1 ½ per cent of the Gross National Product, or at that percentage represented by the Aboriginal population of Australia, whichever percentage is the greater. The compensation in cash shall be used for the improvement of housing, education, health, employment opportunities, and in any other areas of concern to the Aboriginal people.

9 The MAKARRATA seeks: That the tribal lands and their sacred sites are totally non-negotiable, and will remain such permanently, and that the tribal laws shall likewise remain. The MAKARRATA seeks: REPRESENTATION The reservation of several seats in the Commonwealth, State and local governments. The MAKARRATA seeks: The recognition of National Aborigines Day as a public holiday, the identification of places of significant Aboriginal happenings or struggles, and the honouring of Aboriginal heroes. The MAKARRATA seeks: The compulsory employment in government and quasi-government agencies of a fixed proportion of Aboriginal people, irrespective of their established skills. The MAKARRATA seeks: The immediate return of Aboriginal skeletons and artifacts from governmental museums to enable Aboriginal people to have full control of them.

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11 Barunga Statement, 1988 We, the Indigenous owners and occupiers of Australia, call on the Australian Government and people to recognise our rights: to self-determination and self-management, including the freedom to pursue our own economic, social, religious and cultural development; to permanent control and enjoyment of our ancestral lands; to respect for and promotion of our Aboriginal identity, including the cultural, linguistic, religious and historical aspects, and including the right to be educated in our own languages and in our own culture and history; We call on the Commonwealth to pass laws providing: A national elected Aboriginal and Islander organisation to oversee Aboriginal and Islander affairs; A national system of land rights; or otherwise prevent our full enjoyment and exercise of universally recognised human rights and fundamental freedoms. And we call on the Commonwealth Parliament to negotiate with us a Treaty recognising our prior ownership, continued occupation and sovereignty and affirming our human rights and freedom.

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13 Social Justice Package 1992 High Court hands down its decision in Mabo v Queensland (No 2), holding that native title survived the acquisition of sovereignty by the British In response to the Mabo judgment, the Keating Government 3 tier response: Native Title Act, Land Fund & Social Justice Package ; Indigenous groups and organisations propose the package should include a range of constitutional reforms including process to treaties & non-discrimination clause; the Keating Government loses office before the package can be implemented

14 ATSIC Social Justice Report 1995 Chairperson be granted observer status in Parliament and the ability to speak to both houses on bills affecting Indigenous interests Further investigation into Indigenous reserved parliamentary seats CAR also called for recognition and empowerment through incorporation of the ATSIC chairperson as a full member of the Ministerial Council on Indigenous affairs.

15 ATSIC Social Justice Report 1995 Indigenous Australians are particularly susceptible to shifts in Government policies and funding priorities because of powerlessness. Political participation would foster greater equity in the provision of services and accountability by Governments. It would enable articulation of indigenous policy perspectives, broader participation in policy development and promote a wider understanding of indigenous issues in the broader community.

16 Constitutional Protection Shrinks The Hindmarsh Island Bridge saga illustrates the Howard government's willingness to bypass legislation designed to protect Indigenous sacred sites. Not only that, in Kartinyeri v Commonwealth (1998) 195 CLR 337; 152 ALR 540 the High Court left open the question whether it would be within the race power (s 51(xxvi)) for the Commonwealth to pass racially discriminatory legislation.

17 Recognition in a Preamble 1999 Referendum proposes to make Australia a republic and to insert a preamble recognising Indigenous people. ATSIC leaders and other Aboriginal leaders object to the language used in the preamble. Preamble language resoundingly criticised by ATSI leaders. Govt proceeds anyway. both referendum questions are defeated

18 CAR Report, The Council of Australian Governments (COAG) agree to implement and monitor a national framework whereby all governments and the Aboriginal and Torres Strait Islander Commission (ATSIC) work to overcome Aboriginal and Torres Strait Islander peoples' disadvantage through setting program performance benchmarks that are measurable (including timelines), are agreed in partnership with Aboriginal and Torres Strait Islander peoples and communities, and are publicly reported. 2. All parliaments and local governments pass formal motions of support for the Australian Declaration Towards Reconciliation and the Roadmap for Reconciliation, enshrine their basic principles in appropriate legislation, and determine how their key recommendations can best be implemented in their jurisdictions. 3. The Commonwealth Parliament prepare legislation for a referendum which seeks to: recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia in a new preamble to the Constitution; and remove section 25 of the Constitution and introduce a new section making it unlawful to adversely discriminate against any people on the grounds of race.

19 CAR Report, Recognising that the formal reconciliation process over the last decade has achieved much and has helped bring Australians together, all levels of government, non-government, business, peak bodies, communities and individuals commit themselves to continuing the process and sustaining it by: affirming the Australian Declaration Towards Reconciliation and actioning the Roadmap for Reconciliation; providing resources for reconciliation activities and involving Aboriginal and Torres Strait Islander peoples in their work; undertaking educational and public-awareness activities to help improve understanding and relations between Aboriginal and Torres Strait Islander peoples and the wider community; and supporting Reconciliation Australia, the foundation which has been established to maintain a national leadership focus for reconciliation, report on progress, provide information and raise funds to promote and support reconciliation. 5. Each government and parliament: recognise that this land and its waters were settled as colonies without treaty or consent and that to advance reconciliation it would be most desirable if there were agreements or treaties; and negotiate a process through which this might be achieved that protects the political, legal, cultural and economic position of Aboriginal and Torres Strait Islander peoples. 6. That the Commonwealth Parliament enact legislation (for which the Council has provided a draft in this report) to put in place a process which will unite all Australians by way of an agreement, or treaty, through which unresolved issues of reconciliation can be resolved.

20 Australian Declaration Towards Reconciliation, CAR, 2000 We, the peoples of Australia, of many origins as we are, make a commitment to go on together in a spirit of reconciliation. We value the unique status of Aboriginal and Torres Strait Islander peoples as the original owners and custodians of lands and waters. We recognise this land and its waters were settled as colonies without treaty or consent. Reaffirming the human rights of all Australians, we respect and recognise continuing customary laws, beliefs and traditions. Through understanding the spiritual relationship between the land and its first peoples, we share our future and live in harmony. Our nation must have the courage to own the truth, to heal the wounds of its past so that we can move on together at peace with ourselves. Reconciliation must live in the hearts and minds of all Australians. Many steps have been taken, many steps remain as we learn our shared histories. As we walk the journey of healing, one part of the nation apologises and expresses its sorrow and sincere regret for the injustices of the past, so the other part accepts the apologies and forgives. We desire a future where all Australians enjoy their rights, accept their responsibilities, and have the opportunity to achieve their full potential. And so, we pledge ourselves to stop injustice, overcome disadvantage, and respect that Aboriginal and Torres Strait Islander peoples have the right to self-determination within the life of the nation. Our hope is for a united Australia that respects this land of ours; values the Aboriginal and Torres Strait Islander heritage; and provides justice and equity for all.

21 ATSIC Treaty Campaign Treaty was a central policy focus for ATSIC ATSIC treaty think tank Conducted many community consultations ATSIC abolished formally in 2005

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23 Noel Pearson Letters to Howard, 2007 Urging Howard to commit to constitutional recognition and reform: Indigenous representative body Rights and Responsibilities Commission interface to oversee agreement-making

24 Noel Pearson Letters to Howard, 2007

25 Yolngu Petition, 2008 We, the united clans of East Arnhem land, through our most senior Dilak, do humbly petition you, the 26th Prime Minister of Australia, in your capacity as the first amongst equals in the Australian Parliament, and as the chief adviser to Her Majesty Queen Elizabeth the Second, to secure within the Australian Constitution the recognition and protection of our full and complete right to: Our way of life in all its diversity; Our property, being the lands and waters of East Arnhem land; Economic independence, through the proper use of the riches of our land and waters in all their abundance and wealth; Control of our lives and responsibility for our children's future. These rights are self-evident. These rights are fundamental to our place within the Australian nation. We ask for your leadership to have the Commonwealth Parliament start the process of recognition of these rights through serious constitutional reform.

26 Expert Panel, 2012 Remove s 25; Remove Race Power Insert new s 51A power with statements of recognition Clause recognising Indigenous languages and English Insert Racial non-discrimination protection

27 What Does Recognition Mean? We enter a new era of recognition Recognition is a contested political and legal concept Spectrum of recognition one end is symbolism and the other end is treaty or autonomy Recognition plain dictionary meaning is acknowledgement Treaty is a form of recognition Difficult to say co-exist when don t know what recognition means Can you have both is a legal and political question Mabo and native title is recognition

28 Recognition Written constitutions are a major site of contestation in the political struggles by marginalised groups to have their identities respected within public institutions the politics of recognition. 1. The constitutional dimension, which is the primary role of written constitutions is to distribute and limit the most fundamental aspects of public power within the state. Accordingly, written constitutions may be amended to redistribute public power in a way that better respects a given group s identity. 2. Second element of written constitutions a non-constitutional, symbolic dimension is their status as cultural symbols of the polities to which they are attached. Constitutional amendments recognising identity groups may thus seek to render these symbols more inclusive and representative of the polity overall.

29 Joint select committee on recognition

30 CYI - Package of Structural Reforms Declaration and / or Recognition and Reconciliation Statute Parliament Advice on bills Selection / Input [NATIONAL BODY] Indigenous people Advice on policy Australian Settlements Commission Land Culture Productivity Government Agreements Legislation Institutions Existing

31 Thank You