Aboriginal group’s call for inclusion in nuclear waste vote now goes to the Human Rights Commission
Aboriginal group ‘just want to be included’ in vote on proposed nuclear waste dump in SA http://www.abc.net.au/news/2018-08-23/sa-nuclear-waste-dump-vote-in-discrimination-claim/10157678, By court reporter Rebecca Opie, The Human Rights Commission has been asked to decide whether an Aboriginal group should have a say on the location of a proposed nuclear waste dump in regional South Australia.
A community vote on the proposed dump on the Eyre Peninsula was referred to the commission following accusations it discriminated against Aboriginal native title holders.
The Barngarla Determination Aboriginal Corporation last week won a Supreme Court injunction against the District Council of Kimba, postponing the postal vote which was scheduled to be sent out last Monday.
The group argued the vote of about 800 Kimba residents contravened the Racial Discrimination Act by not including native title holders. On Thursday, the group’s lawyer Daniel O’Gorman SC said the matter had been referred to the Human Rights Commission which could be a “shorter route to the finish line” than proceeding through the court.
He said he would urge the commission to give the matter urgent consideration, but he was still waiting to hear back regarding the timeline.
Outside court, Linda Dare from the Barngarla Determination Aboriginal Corporation said it was not fair her family could not have their say.
“It’s depressing that we don’t get to have a say over our country,” she said.
“Everybody else gets to have a say — the Government and everybody else, the Kimba residents — but it’s my family that’s missing out. “We don’t want it. It is on our country — they can’t give it to us then take it away just like that. It’s not right.”
Native title holders ‘just want to to be included’
During last week’s hearing, the court heard the majority of the 211 native title holders lived outside the council’s boundaries, and that excluding them from the vote had the effect of “nullifying or impairing their rights”.
The group’s lawyer Mr O’Gorman said his clients had no issue with the vote going ahead, they just wanted to be included in it.
“That’s all they want, they just want to be included, they don’t want to be treated any differently because their rights are Aboriginal rights,” he said.
“There is no justification for excluding people on the basis of native title rights.”
Michael Burnett, representing the District Council of Kimba, told the court the fairest manner for the council to conduct the vote was to comply with “the statutory procedure that applies in the case of elections”.
“It’s not a vote that has direct consequences … it’s part of a range of consultations that will be taken into account,” he said.
Mr Burnett said there were direct consultations taking place with native title holders about the proposed sites, a claim which Mr O’Gorman rejected.
So called benefits from the waste dump don’t add up according to a new report
Adnyamathanha Traditional Lands Association RNTBC ARA Fight To Stop Nuclear Waste In The Flinders Ranges
So called benefits from the waste dump don’t add up according to a new report.
Down in the Dumps report released today shows that the financial benefits for theAboriginal community do not add up.
Full report here
https://www.conservationsa.org.au/down_in_the_dumps
Indigenous skill training programs are to be $3 million of these funds over the life of the project, yet it is not clear how much of this is double counting necessary training, or is simply a net reallocation from other indigenous
support programs that have had significant recent funding cuts
INDIGENOUS
The new promised community benefit package also mentions “up to $3 million for indigenous skills training and cultural heritage protection.”9 The words “up to” could
be doing a lot of work.
Regardless, the inconsistency of this announcement is revealing when this spending is compared to the size of some of the recent cuts to indigenous support programs by
both the federal and South Australian governments. Some are briefly summarised in Table 2. The “up to $3 million” over three years is roughly the same amount of money
cut from the Aboriginal Drug and Alcohol Council in Port Augusta earlier this year.https://www.facebook.com/groups/941313402573199/?multi_permalinks=1791348750902989¬if_id=1534910507282378¬if_t=group_highlights
Wangan and Jagalingou leaders call on Queensland Govt not to extinguish native title
18 August 2018 ‘In the wake of yesterday’s adverse Federal Court decision against their challenge to Adani’s ILUA, Wangan and Jagalingou Traditional Owners say yesterday’s judgement merely
confirms the limitations of the native title system, and fails to address their right
as Indigenous people to free, prior and informed consent,
which is at the heart of their action.
‘Mr Adrian Burragubba, one of five applicants in the case, and W&J cultural leader says:
‘“We are calling on the Queensland Government to rule out
extinguishing our native title in any part of our land.
‘“Once native title is gone, it is gone forever.
It would be a travesty for the Government to wipe out our title for Adani.
If Queensland can stop them dredging the Reef before Adani has money,
or pull the pin on $1 billion NAIF funding, they can surely protect our rights to our land.
They must not hand a private corporation land title at our expense,
based on discriminatory laws.
‘“The Queensland Government has a clear choice here, and yesterday’s ruling
in no way forces them to proceed to extinguish our native title.
Don’t be fooled, it is up to the Government what happens next.
‘“Adani can’t be trusted; how can they say they respect
‘the rights, history, future intentions and requests of the traditional owners’?
‘We are Traditional Owners, we are the people from that land,
and they have never respected our decisions, or our right to free prior informed consent,
or our aspirations to care for our ancestral country.
They split our people for their own ends and then try to claim they care.
They should walk away in shame for all the damage they have done”.
‘Ms Linda Bobongie, another applicant and chairperson of the Traditional Owners Council, says:
‘“While we respect the decisions of the courts, we aren’t satisfied by this judgement
and will work with our legal team to prepare an appeal to a higher court.
‘“We know the Queensland Government has no obligation to act on extinguishment for Adani.
They should wait until all our appeals are exhausted.”
‘“We held out hope for this legal avenue, but anticipated a conservative judgement
within the Native Title system, and were prepared for the decision.
Our Council has vowed to continue to defend our lands and waters from Adani’s destruction.
‘“We call on Adani to immediately withdraw from this damaging project on our land.
No administrative decisions that block our rights will stop us standing our ground
to defend and protect Wangan and Jagalingou Country
and our connection to it.
‘We do not consent to a mine that will destroy our culture and land, and
rob our people of a sustainable future, so a rich company
can get richer exploiting and burning the coal beneath ourfeet”.
wanganjagalingou.com.au/wj-leaders-call-on-qld-govt-not-to-extinguish-native-title/
Barngarla Aboriginal people win injunction to halt nuclear waste dump vote
South Australian Aboriginal group wins injunction to halt nuclear ballot http://www.abc.net.au/news/2018-08-16/aboriginal-group-wins-injunction-to-halt-nuclear-ballot/10129292, By Claire Campbell
An end to 34-year saga: Final stones laid at Aboriginal burial ground at Moree Cemetery
‘The Aboriginal burial ground at Moree Cemetery now stands completed,
after the final stones were laid at the site on Tuesday.
‘“I finally feel like it’s a job done. It has taken me nearly 34 years
to see this part of the cemetery come to fruition,”
Aunty Noeline Briggs-Smith OAM said.
‘The sandstone blocks were placed at the foot of the Ngindi Baababili Tubbiabri sign,
followed with a carpet of pebbles. Aunty Noeline said
the sandstone matched the type of rocks at the Tranquility Area.
‘The laying of the stones closes off more than a three-decade saga,
during which time Aunty Noeline has sought to restore identities
to more than 200 previously unmarked Aboriginal grave sites.
‘“It’s a relief to know all are now resting in eternal sleep
and that people from the community can come and visit
their relatives at the final resting places,” Aunty Noeline said. … ‘
www.moreechampion.com.au/story/5584734/final-stones-laid-at-aboriginal-portion-of-cemetery/
Bangarla Aboriginal Corporation to go to Supreme Court to halt Kimba vote on nuclear waste dump
Barngarla People seeking Supreme Court injunction to halt Kimba vote on nuclear waste facility, 2018 https://www.adelaidenow.com.au/…/87afb1b5d47db75b415c402d97…Peter Jean, Jade Gailberger, The Advertiser, August 14, 2018
A VOTE by Kimba residents on whether they want a radioactive waste dump in the district is in jeopardy after an indigenous group sought an injunction to stop it.
The Barngarla People on Tuesday applied for an urgent Supreme Court injunction to halt the Kimba vote.
The Hawker district will also vote.
Two sites near Kimba, on the Eyre Peninsula, have been short-listed as possible locations for a low-level radioactive waste storage facility. A third short-listed site is near the Flinders Ranges community of Hawker.
The Barngarla Determination Aboriginal Corporation will argue that native title-holders who live outside Kimba District Council boundaries should be entitled to vote.
The Barngarla have more than 200 members, most of whom live outside the council’s boundaries.
The group will argue that the ballot breaches the Racial Discrimination Act and that Kimba Council does not have the power to conduct the vote.
The corporation is seeking a court hearing this week. The ballots are to help the Federal Government determine a preferred site for the radioactive waste storage centre.
The legal challenge was launched as a Senate inquiry recommended that grain and produce be grown in the buffer zone of the national radioactive waste dump to “reassure the community” that it is safe.
A Senate inquiry into the selection process for three SA sites proposed by the Federal Government says that it “sees value” in the Department of Industry, Innovation and Science working with local stakeholders so that part of the remaining 60ha buffer zone can be used to “grow and test agricultural produce”.
It believes this would “reassure the community and agricultural markets” that food grown in the surrounding region does not contain “excessive amounts of radiation” and is “safe for consumption”, a report tabled in Parliament yesterday reveals.
Cameron Scott, in a submission to the inquiry, raised concerns about reputational impacts a waste facility could have on regional exports.
“All grain from Eyre Peninsula is delivered, blended and exported out of Lower Eyre Peninsula,” Mr Scott wrote.
“Therefore, Kimba’s grain is mixed with every other town’s grain on Eyre Peninsula — the effect that this could have on our exports hasn’t been taken into consideration at all.”
However, the experience of French farmers who live around a waste disposal facility in Aube was this month used to squash the “potential perception issues” from stakeholders.
The Australian Greens, in a dissenting report, called on the Federal Government to abandon its plans to build a nuclear waste dump in Outback SA.
Centre Alliance Senator Rex Patrick said the Hawker and Kimba communities were bitterly divided and the selection process had been unfair. The Federal Government has offered $31 million worth of incentives for the community where the radioactive waste centre is built.”
Despite weather extremes the grand Walkatjurra Walkabout against uranium mining presses on
K-A Garlick at Nuclear Free WA, 15 Aug 18 The Walkatjurra Walkabout have survived the first 10 days of the protest walk in freezing overnight temperatures and long hot walking days. Walking strong a group of 55 people gathered at Yeelirrie to support Traditional Owners, Aunty Shirley, Lizzie Wonyabong and Vicky Abdhullah in their 40-year struggle to stop the proposed Yeelirrie uranium mine.
The three women have shared stories of the area where they and their families grew up on. and their ancestors grew up. The group was joined by Youno Downs Station, who shared stories of the history of uranium exploration and company intimidation over the years they have lived on the pastoralist station. “Water is what the company is after, they (Cameco) need up to 10 millions of litres of water and they want us to give it to them!” ……. to be continued!
WARNING on International Day of the World’s Indigenous Peoples
‘Ghillar, Michael Anderson, Convener of the Sovereign Union, 13 Aug 18
last surviving member of the founding four of the Aboriginal Embassy and
Head of State of the Euahlayi Nation, said from Sydney today:
‘I am extremely concerned that the enthusiasm to quickly negotiate so-called Treaty/Treaties
with the illegal occupying colonial States under the Federation of the Commonwealth of Australia
will lead to First Nations unwittingly ceding their inherent sovereignty.
‘I must ring alarm bells nationwide, while the Australian Government and its colonial States
are sitting back in their warm and comfortable offices slowly applauding
the stupidity of our ‘childlike race’. …
‘The Governments have been very clever in the last thirty years to use the disunity within our communities
to withdraw funding and shut down burgeoning successful community organisations. The Governments
achieved the total destruction of these organizations by the First Nations lackeys,
of whom there are plenty, to shut down our hard fought for successes
and now these communities have nothing.
‘The regurgitated Constitutional Inclusion/Recognition and the Yulara Statement
have been rejected by the grassroots across Australia.
It’s only the half-educated half-baked Blacks, living off the blood money being paid by Governments,
who are still pushing this barrow. …
‘We need to make it very clear that there is no single body in this country that can speak for the many Nations.
I was reminded by the Yorta Yorta stalwart today that the NSW Aboriginal Land Council is an instrument of the Crown,
where the Minister, with a stroke of a pen, can shut it down and take back everything it has acquired,
in the name of the Crown. Monica Morgan of the Yorta Yorta also made the point that there is in excess
of 280 000 Aboriginal people in New South Wales alone and
only 10% are members of the NSW Aboriginal Land Council. …
‘How can any one of you neo-liberal Blacks and the Two-Bob Mob want to negotiate with our foreigner occupiers
when their oppression meets all the definitions of the law against genocide,
the1948 Convention on the Prevention and Punishment of the Crime of Genocide:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Vince Coulthard reiterates the Adnyamathanha people’s firm opposition to nuclear waste dumping on their traditional country
Vince Coulthard Fight To Stop Nuclear Waste Dump In Flinders Ranges SA, 7 Aug 18 am sick and tired of the lies about me in relation to the nuclear waste dump.
I do not want it anywhere in Adnyamathanha Yarta/country.
As Adnyamathanha people we have been entrusted by our ancestors, with the responsibility of caring for our country and there is no way any sane person would want to poison our land for hundreds of generations to come.
I know some people are trying to discredit me by misquoting me but anyone who knows me would already know there is NO WAY I would support this waste dump and only FOOLS sucked in by the $$$ would think it was ok to make these accusations against me.
And to suggest that I would want this toxic dump anywhere near my homeland and my family is even more foolish. This is ridiculous and I would ask that you please share this status as I have had enough of this slander. https://www.facebook.com/groups/344452605899556/
At long last, Australia could be getting a Treaty with First Nation people
Could Australia soon recognise sovereigns other than the Queen?
‘It’s the last ex-British colony to not ratify a treaty with its First Nations people,
but that may be changing.’
by Gabriella Marchant
29 Jul 2018
‘ … “Treaty is [an agreement] between two sovereigns and to be asking the government to at least
acknowledge that Aboriginal people … maintain their sovereignty [supreme authority],
I don’t think that’s too much to ask,” says Gunnai-Gunditjmara woman Lidia Thorpe,
a Greens member of parliament in Victoria state.
‘”You know there’s this tokenistic gesture all the time to blackfellas in this country.
If you want true reconciliation and true healing then let’s be real about it
and stop these tokenistic gestures.”
‘Indeed, a treaty was the only thing indigenous leaders from Australia’s Yolngu nation
brought up with Prince Charles on his most recent visit. …
What is a treaty?
‘A treaty – defined as an “international agreement concluded between two states”
in 1969’s Vienna Convention on the Law of Treaties – would require the
government to legitimise Aboriginal nations as separate to the nation of Australia.
From there, they must negotiate decisions that affect them
as equals and on equal terms.
‘Associate Professor Dominic O’Sullivan, whose work centres on indigenous governance,
says unlike neighbouring New Zealand,
treaties were never a part of Australia’s settler history.
‘”Terra nullius was used to justify the British claim to sovereignty.
‘”Britain couldn’t identify an organised political or social order
among the indigenous population, and under international law,
these were required for a people to hold sovereignty,” O’Sullivan says.
‘”One could argue that it suited [the colony’s first Governor] Philip not to look too hard..” …
‘Obstacles remain, however, on a national level.
The current federal government has not addressed the call for
an Indigenous process similar to a treaty, makarrata, which after two years
of consultation was presented in an open letter, the Uluru Statement of the Heart.
‘”[Prime Minister] Turnbull’s government has been completely inactive in this space
and really quite offensive I think, particularly on the Uluru Statement,”
says Victorian Ged Kearney, whose opposition party supports Makaratta. … ‘
Read much much more of Gabriella Marchant‘s comprehensive, well-researched & in depth feature in Al Jazeera News:
www.aljazeera.com/indepth/features/australia-recognise-sovereigns-queen-180711052948923.html
Aboriginal landowners not allowed to vote on planned nuclear waste dump
Traditional owners “locked out” of nuclear waste vote, InDaily, 3 Aug 18 Stephanie Richards The head of the Adnyamathanha Traditional Lands Association says the majority of Adnyamathanha people have been denied a vote on a proposed radioactive waste management facility near the town of Hawker in the Flinders Rangers.
Wallerberdina Station, located approximately 30km northwest of Hawker on Adnyamathanha country, has been shortlisted by the Federal Government for a facility that will permanently hold low-level nuclear waste and temporarily hold intermediate level waste.
It is one of three sites, the other two situated close to Kimba, that were shortlisted by the Federal Government to store nuclear waste.
The selection process is entering its final stages, with a postal ballot beginning on August 20 to measure community support for the three nominated sites.
But ATLA CEO Vince Coulthard said the voting guidelines were disrespectful to traditional owners, as the majority of Adnyamathanha people do not live close enough to the proposed Wallerberdina site to be eligible to vote.
The voting range includes residents of the Flinders Ranges Council and those who live within a 50km radius of the Wallerberdina site.
According to Coulthard, there are approximately 2500 Adnyamathanha people in total but only about 300 Adnyamathanha people who live in the voting range.
Coulthard said about 50 Adnyamathanha people who lived outside the voting range had expressed interest in voting, but when ATLA asked Federal Resources Minister Matt Canavan during a consultation trip to Hawker last week if those people could be granted a vote, Coulthard said Canavan told him that only those living in the prescribed voting range could participate.
“It’s a crazy situation,” Coulthard said.
“This is Adnyamathanha country and it is a very important place to the Adnyamathanha nation.
“People have strong connections to land. There’s a large amount of people, many who don’t live on the land but they go back on a regular basis to travel around the land.”
……… Coulthard said he was disappointed that Canavan had not consulted with all ATLA members during his consultation visit.
He said Adnyamathanha people had been “locked out” from the vote, despite holding native title rights over the land.
“Canavan is saying this will strengthen our culture, that this will be good for us, but what it is actually doing is punishing the environment.
“This is a place where we have gone to get bush tucker, where we have come as traditional owners for thousands of years.
They’ve shown us disrespect and this is very hurtful.”
The proposed site holds sacred meaning for Adnyamathanha people, as it is located close to the Hookina Waterhole and ancient burial sites.
…….. Last month, the Federal Government tripled the incentive package for the community that hosts the nuclear waste repository.
The Government had promised to spend more than $10 million in the district where the facility is built, but under new incentives announced by Canavan, the Government increased funding to $31 million.
……. The Government has previously indicated it wants to choose a preferred site before the end of this year. https://indaily.com.au/news/2018/08/03/traditional-owners-locked-out-of-nuclear-waste-vote/
Aboriginal landowners Wangan and Jagalingou take land rights fight to the UN
3 August 2018 wanganjagalingou.com.au/wj-council-takes-land-rights-fight-to-u-n/
‘Traditional Owners take land rights fight to U.N.
to head off threat of native title extinguishment for Adani
‘Authorised representatives of the Wangan and Jagalingou Traditional Owners Council,
Adrian Burragubba and Murrawah Johnson, have submitted a request to the
United Nations Committee on the Elimination of Racial Discrimination (CERD)
for urgent action under the early warning and urgent action procedure.
‘The request to the CERD is in relation to Australia’s violations of the
Convention on the Elimination of All Forms of Racial Discrimination,
for the Committee’s consideration during its upcoming 96th session in Geneva.
The complaint raises six violations of Australia’s international obligations under the Convention..
(Link to the CERD submission wanganjagalingou.com.au/request-for-urgent-action-by-wangan-and-jagalingou-people-to-cerd-31-july-2018/ )
‘The complaint was also sent to the Queensland Premier and Ministers in the Queensland Government,
as well as the Foreign Affairs Minister and Federal Attorney General.
‘Adrian Burragubba, Wangan and Jagalingou (W&J) Traditional Owners’ Council spokespersonand cultural leader said,
our ancestral homelands, waters, and sacred sites by Adani’s
massive Carmichael Coal Mine and Rail Project. Continue reading
Bringing to the fore Indigenous voices the media ignore
Stephen Langford www.greenleft.org.au/glw-authors/stephen-langford
July 27, 2018
Driving Disunity: The Business Council Against Aboriginal Community
By Lindy Nolan
Bexley: Spirit of Eureka, 2017
‘In reviewing this important – but not self-important – book by Lindy Nolan,
I can hardly do better than start by quoting Rosalie Kunoth-Monks,
Northern Territory Australian of the Year in 2015 and Amatjere Elder,
from the backcover of the book: “Such deep and fearless truth.”
‘Award-winning journalist Jeff McMullen, meanwhile notes:
“This important study highlights destructive strategies in the neoliberal era
that undermine Aboriginal progress through the age old tactic of divide and conquer.” …
‘Lindy Nolan is an activist in the Stop The Intervention Collective Sydney (STICS).
This is a small but talented group of people who organise events against the NT Intervention,
now 11 years since its disastrous and fraudulent imposition
by the John Howard government. …
‘Nolan has written a book full of Indigenous voices that most people will not have heard,
because the mainstream media has been mainly accepting Murdoch’s anointed “leaders”. …
‘I hope you buy or borrow Driving Disunity – and read it.
It is full of Indigenous voices you simply will not hear in the mainstream.’
Read much, much more of Stephen Langford‘s comprehensive & interesting review of Lindy Nolan‘s book:
www.greenleft.org.au/content/bringing-fore-indigenous-voices-media-ignore
Sarah Hanson-Young – a politician who cares
The Adnyamathanha and Flinders Local Action Group would like to thank Senator Hanson-Young for coming to The Flinders Ranges and meeting with us. You listened to everyone with kind empathy and understanding and it was a pleasure to be with you. Thank you Sarah.
#nonuclearwasteintheflindersranges https://www.facebook.com/groups/344452605899556/
Planned nuclear dump sites – Access denied to Barngarla Native Title Representative Body.
Everybody For A NUclear Free Future, 14 July 18, After claiming there was no aboriginal heritage issues at the proposed Kimba suppositories, DIIS denies entry to Barngarla Native Title Representative Body.
“We wrote to the department on 21 February requesting access for sites, for the purposes of that assessment being carried out, and advising that the DAC would contact the department after that assessment had been complete for the purpose of working a way forward for these consultation processes. The department advised that they couldn’t provide access to the sites. You’ve been provided a redacted version of the report. The material that was provided following our initial submissions—I think that was only provided to you in the last few days—is somewhat compromised, but it has identified that there are nine confirmed sites and nine potential sites that are affected.
As part of that assessment team, which included some of the DAC board members here. Mr Brandon McNamara, who’s a Barngarla elder, invited the department to come along to a board meeting on 3 March and that invitation was declined. There were also statements made to the assessment team that the engagement of Dr Gorring to carry out the assessment was premature, which we find quite surprising. If the department has already issued statements that there’s no heritage and not provided information about what heritage assessments of its own it has made, to then make a comment that for Barngarla to carry out its own heritage assessments was premature is a bit surprising.”
ENuFF[SA]
Office Admin
https://www.facebook.com/sanuclearfree/
1 This month
of the week – Disrupting War & Militarism in Oceania. Active solidarity. Radical practice.
Antinuclear 