Senate Inquiry told Native Title amendments will disenfranchise Traditional Owners
Wangan Jagalingou http://wanganjagalingou.com.au/senate-inquiry-told-native-title-amendments-will-disenfranchise-traditional-owners/
13 March 2017
“Brandis’ changes support ‘divide and conquer’ tactics of unscrupulous companies like Adani
“Brisbane. Wangan and Jagalingou (W&J) Traditional Owners fighting Adani’s Carmichael mine will today tell a Senate Inquiry into the Federal Native Title Bill that the kind of dubious tactics Adani has used to try secure a land use agreement with Traditional Owners will become even more prevalent if the Bill becomes law.
“The Turnbull Government is attempting to rush the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 through Federal Parliament. The bill is designed to overturn the recent McGlade decision that upheld the Native Title Act requirement that all applicants are needed to sign a land use agreement, after members of the Noongar peoples went to the Federal Court over failures
in the process involving a $1.3B land use agreement with the WA government.
“The delegation are calling for the Inquiry to be extended to allow proper negotiation with Aboriginal communities around Australia. They will tell the Inquiry that the the motives for the Bill are ill-founded,
and that the mining lobby and the Attorney General have presented no evidence or argument for such hurried and destabilising changes. … “
Former Minister Macfarlane keen to “protect miners from native title”
Minister-turned-lobbyist Ian Macfarlane says mines need protection from native title
Macfarlane urges MPs to pass legislation to protect land use agreements as Indigenous leaders call for consultation, Guardian, Gabrielle Chan, 13 Mar 17, The former federal resources minister Ian Macfarlane has said the majority of 126 mining projects under Indigenous land use agreements could be shut down pending renegotiations following a federal court ruling on native title.
His comments come after a federal court ruling in the McGlade native title case found that an Indigenous land use agreement (Ilua) was invalid because not all Indigenous representatives had signed it.
Macfarlane, who heads the Queensland Resources Council (QRC), said the ruling jeopardised mining projects already in operation under Indigenous land use agreements (Iluas) which had been signed by a majority of Indigenous owners but not every owner. This meant those projects – a majority of which are in Queensland – could be shut down pending new agreements.
The ruling could also affect the controversial Adani Carmichael coalmine.
Macfarlane said the implication of the ruling was that mining companies would need to seek the signatures of all Indigenous owners, including deceased people. …….
The legal and constitutional affairs legislation committee is examining a government bill that would amend the native title legislation to confirm the legal status of registered Iluas with a majority but not all the signatures of all claimants. Macfarlane urged the parliament to pass the bill.
But Labor and the Greens have argued that the Coalition is rushing the bill through without proper consultation with Indigenous communities.
Wangan and Jagalingou traditional owners opposed to Adani’s Carmichael mine want the inquiry to be extended to allow proper consultation with Aboriginal communities.
“We are dealing with mining proponents who wish to destroy our country and disrespect our protocols on how we make decisions,” spokesman Adrian Burragubba told the committee.
“If the federal government intends to override the McGlade decision, the federal government would further disenfranchise the Wangan and Jagalingou people and further eliminate the voice of the true rightful traditional owners.”
The Cape York land council has objected to the legislation because it provides blanket validation for all agreements but it did not dispute certainty was required over Iluas……..https://www.theguardian.com/australia-news/2017/mar/13/minister-turned-lobbyist-ian-macfarlane-says-mines-need-protection-from-native-title
UNDEMOCRATIC NUCLEAR WASTE LAW DISEMPOWERS COMMUNITIES AND TRADITIONAL OWNERS
Friends of the Earth Australia is today releasing a detailed report on the National Radioactive Waste Management Act 2012 (NRWMA). The report ‒ written by Monash University fifth-year law student Amanda Ngo ‒ comes against the backdrop of the federal government’s targeting of a site near Hawker in SA’s Flinders Ranges for a national radioactive waste store and repository.
The NRWMA is heavy-handed, undemocratic legislation that gives the federal government the power to extinguish rights and interests in land targeted for a radioactive waste facility. In so doing the Minister must “take into account any relevant comments by persons with a right or interest in the land” but there is no requirement to secure consent. Traditional Owners, local communities, pastoralists, business owners, local councils and State/Territory Governments are all disadvantaged and disempowered by the NRWMA.
The NRWMA disempowers Traditional Owners ‒ in this case Adnyamathanha Traditional Owners ‒ in multiple ways, including:
- The nomination of a site for a radioactive waste facility is valid even if Aboriginal owners were not consulted and did not give consent.
- The NRWMA has sections which nullify State or Territory laws that protect the archaeological or heritage values of land or objects, including those which relate to Indigenous traditions.
- The NRWMA curtails the application of Commonwealth laws including the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Native Title Act 1993 in the important site-selection stage.
- The Native Title Act 1993 is expressly overridden in relation to land acquisition for a radioactive waste facility.
Adnyamathanha Traditional Owners have been clear in their opposition to the planned radioactive waste facility in the Flinders Ranges. “I call upon the Federal and State Governments to put an end to this volatile position that the Adnyamathanha people are facing,” said Adnyamathanha Traditional Owner Enice Marsh. “Native Title and the Aboriginal Heritage Act are not protecting our land. This needs a complete review or a Royal Commission. The Barndioota site in the Flinders Ranges must be struck off as a potential radioactive waste dump site and the National Radioactive Waste Management Act needs to be amended to give us the right to say ‘no’.”
Adnyamathanha Traditional Owner Regina McKenzie, who lives on Yappala Station near the proposed dump site, said: “The NRWMA is a political attack on Adnyamathanha women’s spiritual beliefs. The destruction of our culture and significant woman’s sites is a form of assimilation and thus breaches Article 8.1 of the UN Declaration on the Rights of Indigenous Peoples. The NRWMA also breaches Article 25 of the UN Declaration which refers to our spiritual relationship with the land and the right to maintain and strengthen our culture. This is a breach of our Aboriginal human rights and our people and amounts to cultural genocide.”
The NRWMA has been criticised in both Senate Inquiries and a Federal Court challenge to an earlier federal government attempt to impose a national radioactive waste facility at Muckaty in the Northern Territory.
The NRWMA also puts the federal government’s radioactive waste agenda above environmental protection as it seeks to curtail the application of the Environment Protection and Biodiversity Conservation Act 1999.
Dr Jim Green, national nuclear campaigner with Friends of the Earth Australia, said: “A senior government official claims the NRWMA is based on ‘world’s best practice’. In fact, the legislation systematically disempowers local communities and Traditional Owners and weakens environmental protections. It needs to be radically amended or replaced with legislation that protects the environment and gives local communities and Traditional Owners the right to say no to nuclear waste dumps.”
Amanda Ngo’s paper, ‘National Radioactive Waste Management Act 2012′, is posted at http://tinyurl.com/nrwma-2017
Formation of First Nations Renewable Energy Alliance
http://www.sovereignunion.mobi/content/formation-first-nations-renewable-energy-alliance
http://nationalunitygovernment.org/pdf/2017/170303-SU-Mr-FN-Renewable%20Energy%20Alliance.pdf
“Members from First Nations across the continent successfully participated in the Coalition for Community Energy held in Melbourne Town Hall on 27 – 28 February 2017 …
This Alliance initiative is directed at ensuring remote and isolated communities are sufficiently catered for in respect to their energy needs …
“Grassroots energy enterprises, which numbered more than 80 people nation-wide formed an alliance to harness the power of communities to increase local energy security, bolster regional development partnerships, enhance community cohesion, reduce carbon emissions and
work towards a just energy transition. … ”
First Nations Renewable Energy Alliance
“Ghillar, Michael Anderson, Convenor of the Sovereign Union, last surviving member of the founding four of the Aboriginal Embassy and Head of State of the Euahlayi Peoples Republic said from Melbourne:
““Members from First Nations across the continent successfully participated in the Coalition for Community Energy held in Melbourne Town Hall on 27 – 28 February 2017 …
““This Alliance initiative is directed at ensuring remote and isolated communities are sufficiently catered for in respect to their energy needs. The current Australian corrupt system of energy delivery is controlled at the top level by government officials and politicians, who gain a lot of private funding for their political campaigns, in other words:
‘You scratch our backs and we’ll scratch yours.’ The level of corruption in Australian politics is so entrenched that the equity in engagement in respect of sustainable energy strategies is not possible under the current regime.
“We will direct our energies now and in the future to ensure that this corruption does not continue
and thereby give direction to secure certainly for those who seek to partner with us to provide for the development of sustainable communities.” … ”
The Text of the
First Nations Renewable Energy Alliance media release http://www.sovereignunion.mobi/content/formation-first-nations-renewable-energy-alliance#renewable Continue reading
Traditional Owners v Adani in Federal Court today then to Canberra to discuss Native Title Amendments
http://wanganjagalingou.com.au/traditional-owners-v-adani-in-federal-court-today-then-to-canberra-to-discuss-native-title-amendments/ Wangan and Jagalingou (W&J) Traditional Owners Council 27 February 2017:
“Traditional owners fighting the Carmichael megamine are on the front foot this week, challenging in court the native title process which allowed the Qld Government to issue a mining lease without their consent, and meeting with Federal MPs to present arguments why the Government’s amendments to the Native Title Act threaten the rights of Traditional Owners and fail to deal with the real issues arising from the recent McGlade decision.
“Senior spokesperson for the Wangan and Jagalingou (W&J)
Traditional Owners Council, Mr Adrian Burragubba, says,
“The W&J Family Council have voted three times since 2012 to reject Adani’s sham deal, while the National Native Title Tribunal gave the green light to the Qld Government to issue Adani with a mining lease, after the mining company applied to have our decision overridden.
This is the crux of our appeal before the full bench of the Federal Court on Monday”.
“Spokespeople for W&J, Mr Burragubba and Ms Murrawah Johnson, will also visit Canberra this week to meet with key Federal MPs about the Government’s Native Title Act Amendment Bill and explain the failures of the native title process.
Labor and The Greens voted against rushing the Bill through the House of Representatives last week. The Bill is now being scrutinised by a Senate committee which is due to report on 17 March 2017. … “
No to Constitutional recognition. YES to Aboriginal Sovereignty and Treaties
Grassroots Aboriginal movement in NSW
squashes ‘Recognise’ Sovereign Union http://www.sovereignunion.mobi/ 24 February 2017:
“Grassroots Aboriginal people from New South Wales have rejected recognition in the Australian Constitution in favour of Aboriginal Sovereignty, the need for Treaties and for government to enter discussions with First Nations.
“‘It is heartening to know that the Recognise Regional Meeting, organised by the Referendum Council and the New South Wales State Land Council, held in Dubbo on 17 and 18 February 2017 voted to reject First Nation Peoples’ recognition in the colonial constitution from Britain and instead asserted Sovereignty and the need for Treaties and for the government to talk with First Nations,’
Ghillar, Michael Anderson, Convenor of the Sovereign Union, said. …
“Lynda Coe, a Wiradjuri representative at the Dubbo meeting, said:
“‘Proud to say the agenda in Dubbo this weekend was Sovereignty/Treaty … the dialogue around constitutional reform and recognise squashed by the grassroots movement!
The consensus from those who attended agreed that the process of invite only meetings did not provide clear representation of nations in New South Wales nor did the process give authority of those attending to speak on behalf of their nations as per our procedures.
The majority of those attending raised … the issue of Sovereignty/Treaty be addressed by Governments rather than the ‘yes vote’ for constitutional reform and/or recognise.'”
Ghillar said:“‘Whilst we may wonder why the Commonwealth government is now spending
millions and millions of dollars on a brain-washing campaign, the answers for this can be found in Commonwealth and State legislation everywhere, for example in the Native Title Act, Amendments to the Western Australian Heritage Act, the New South Wales Crown Lands Act, the New South Wales Biodiversity Conservation Act 2016, and the list goes on. …
“‘The recent meeting in Dubbo made it very clear that we are independent sovereign Nations and continue to be such in the present and to this extent call for negotiated Treaties as opposed to constitutional recognition. Continue reading
Historic discussions in South Australia towards a Treaty with Aboriginal Nations
Treaty: South Australian Government enters historic discussions with Aboriginal nations, The World Today By Caroline Winter South Australia is making history, with the State Government entering treaty discussions with Aboriginal nations to help address past injustices.
The Government has set aside $4.4 million over five years to support the treaty process and the appointment of an independent commissioner for treaty. At this stage it is unclear what the treaties will cover or whether compensation will be included, but South Australian Indigenous leaders said the process would set a positive course for the future.
Major Sumner, a Ngarrindjeri man at the Murray mouth, said the word treaty alone has important meaning. “Even just with a mention of treaty, that opens up a different world for us to talk and put things in place, do all sorts of negotiations around how we structure our lives,” he said.
Mr Sumner joined other Aboriginal elders at the start of historic negotiations between the State Government and Indigenous communities. The chairman of Narungga nations on the Yorke Peninsula, Tauto Sansbury, wants an open, transparent process about everything that has affected Aboriginal people. “I think it’s going to mean the satisfaction of acknowledging that Australia was basically invaded,” he said.
“And that the process of sitting down and negotiating a final outcome for us — because we’ve been totally dispossessed of everything — and coming up with a good solution that could move our community, children and families forward.”
The South Australia Government said negotiations would be open-ended, but what form any treaty would take or whether compensation would be included, is not yet clear.
The State’s Aboriginal Affairs Minister, Kyam Maher, said it was hoped a treaty would be signed off on by the end of next year. Continue reading
Ghillar Michael Anderson interviewed on CAAMA Radio News
Proposed changes to Native Title Act “one of the vilest racist acts we’ve seen” – Ghillar Michael Anderson
http://caama.com.au/news/2017/proposed-changes-to-native-title-act-one-of-the-vilest-racist-acts-weve-seen-ghillar-michael-anderson23 February 2017:
“A Bill before Parliament to amend the Native title Act in relation to Indigenous Land Use agreements has been described by a veteran Aboriginal rights campaigner as
“one of the vilest racist acts we’ve seen”.
“Ghillar Michael Anderson, Convenor of the Sovereign Union says
the proposed amendments are a complete violation of the First Nations laws and customs
because each clan makes its own decisions about its own land and what happens on and within those territories.
Block Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
~ Sovereign Union http://www.sovereignunion.mobi/ http://www.sovereignunion.mobi/content/block-native-title-amendment-indigenous-land-use-agreements-bill-2017 16 February 2017: “There is a grave concern that the national parliament will accept the bleeting of the racist fear mongers
who run immediately to the king of racism, George Brandis, Attorney-General, to amend the Native Title Act.
The Commonwealth government is now desperate to overturn the recent decision of the full bench of the Federal Court in the McGlade v Native Title Registrar case v Native Title Registrar case, which puts the validity of many ILUAs in doubt as not all ‘named applicants’ who needed to sign an ILUA did so.
Incl: Hansard 2nd Reading Native Title Amendment”
“It truly represents that the Coalition government and the conservative Labor party govern for the non-Aboriginal society with little or no concern for inherent Aboriginal rights and this is despite years of condemnation by the United Nations Human Rights Commission and other treaty bodies such as the CERD, Committee for the Elimination of Racial Discrimination.
“We cannot accept any further adverse changes to the Native Title Act, because the John Howard’s 10 Point Plan facilitated a repression and smothering of our inherent legal rights as the true land owners of this continent.
After the 1993 Native Title Act was passed, the late Nugget Coombs condemned the Keating Labor government and its Aboriginal advisors for agreeing to an Act to suppress Aboriginal rights and interests, in favour of ensuring a free pathway of access to Aboriginal lands in right of the multi-national and trans-national corporations, in order to exploit mineral wealth and natural resources without having to pay any fair and equitable compensation and royalty to the rightful owners.
“I call upon the Aboriginal members in both upper and lower houses of Federal parliament to stand their ground and not allow the current Native Title Amendment (Indigenous Land Use Agreements) Bill
to pass through the Federal Parliament. There can be no compromise on this issue. … “
Seed- Australia’s first Indigenous youth climate network.
About Seed http://www.seedmob.org.au/about_seed
“Seed is Australia’s first Indigenous youth climate network.
We are building a movement of Aboriginal and Torres Strait Islander young people for climate justice with the Australian Youth Climate Coalition.
“Our vision is for a just and sustainable future with strong cultures and communities, powered by renewable energy.
“Climate change is one of the greatest threats facing humanity, but we also know it is an opportunity to create a more just and sustainable world.”
Traditional Owners act to defeat Adani’s invalid Indigenous Land Use Agreement
No surrender – Traditional Owners move to defeat Adani’s ‘fake ILUA’ Wangan & Jagalingo http://wanganjagalingou.com.au/no-surrender-traditional-owners-move-to-defeat-adanis-fake-ilua/ 7 February 2017 Traditional Owners act to defeat Adani’s invalid Indigenous Land Use Agreement in the wake of Noongar ruling
W&J Council will seek a declaration to knock out ‘fake ILUA’
“Lawyers for the Wangan and Jagalingou (W&J) Traditional Owners Councilhave today written to Adani
demanding it withdraw its application to have an Indigenous Land Use Agreement (ILUA)
for its proposed Carmichael mine registered by the National Native Title Tribunal (NNTT).
Should Adani refuse, a declaration will be sought in the Federal Court to have the ILUA struck out.
See the Letter. http://wanganjagalingou.com.au/wj-council-acts-on-adanis-invalid-indigenous-land-use-agreement/
“Members of the W&J Council lodged a formal objection last year to the purported ILUA.
The NNTT was due to make its decision this Friday, however the Federal Court in the matter of
McGlade v Native Title Registrar [2017] throws doubt on whether Adani’s agreement is a valid ILUA.
“Leading Aboriginal rights advocate, a primary W&J Traditional Owner and Council spokesperson, Mr. Adrian Burragubba, says,
“We make it plain to the Queensland and Federal Governments that we will not surrender our ancestral homelands for Adani’s mine of mass destruction.
We will defeat this company’s attempts to divide and conquer us and continue our legal battles to remove the leases issued by the Queensland Government.
““Our fight is far from over.
Anyone who wants to bankroll Adani, and the Queensland and Commonwealth Governments,
are on notice that we will not stand by if attempts are made, in response to the Noongar decision,
to put our rights and interests, and our laws and customs, on the chopping block for the mining lobby,” he said. …
W&J youth leader and Council spokesperson, Ms. Murrawah Johnson, says,
“We have maintained all along that Adani does not have the consent of the rightful Traditional Owners.
Our Traditional Owners group have rejected an ILUA with Adani three times.
We will defeat Adani’s fake ILUA and continue to fight for our land and culture until the company
and Governments respect our rights and abandon this disastrous proposal”.
“In seeking Adani’s withdrawal, W&J Council has not removed its objection to the registration of the Adani ILUA by the NNTT. … “
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Final indignity for tiny Aboriginal atomic test victim
, NT News Nigel Hunt, February 5, 2017 THE exhumation of an Aboriginal infant’s remains from a sacred burial cave in the state’s Far North has provoked outrage from community elders, who are demanding an inquiry to determine how it was allowed to occur.Australian Nuclear Science and Technology Organisation (ANSTO) propagandising to Aborigines
They talk of ‘showing the group how we safely manage waste here at ANSTO’. If it’s all that safe why not keep it there at Lucas Heights? Why transport it 1000s of miles to outback South Australia?
They are lying about “intermediate waste” . the waste returned from Franc e is classified as “high level” by the French waste management authority ANDRA
ANSTO WELCOMES TRADITIONAL OWNERS TO LUCAS HEIGHTS The Australian Nuclear Science and Technology Organisation (ANSTO) last week welcomed members of the Adnyamathanha community in South Australia.
Barndioota, which is in their area, is a potential site for a National Radioactive Waste Management Facility.
Les Bursill, an elder of the Dharawal community, gave the welcome to country and shared insights about some of the rich traditional heritage surrounding ANSTO.
The Sutherland Shire Mayor, Carmelo Pesce, was on hand to welcome guests, and discuss some of the benefits of having a nuclear facility in his areas, in terms of jobs, growth and community participation.
The group were at ANSTO at the invitation of the Department of Industry, Innovation and Science, which is extending invitations for such tours to all community members near potential sites of the facility.
“It was our pleasure to the welcome visitors, to show the group how we safely manage waste here at ANSTO, and to answer any questions they had,” said ANSTO’s Chief Nuclear Officer, Hef Griffiths.
“The group toured our campus, saw how the low level radioactive waste is packaged and stored, and stood beside the intermediate level waste container that returned to Australia from France in December 2015.
Throughout the year, ANSTO staff and experts will continue to make visits to Barndioota as part of technical studies, and ANSTO will continue to receive guests looking to get facts on radioactive waste management.
Ruling in favour of challenge against Noongar Indigenous land use agreement may lead to amendment of Native Title Act
Adani mine leases and national parks in doubt after native title court decision https://www.theguardian.com/australia-news/2017/feb/05/adani-mine-leases-and-national-parks-in-doubt-after-native-title-court-decision
Ruling in favour of challenge against Noongar Indigenous land use agreement may lead to amendment of Native Title Act, Guardian, Helen Davidson, Resources projects including the Adani coalmine, pastoral leases and a number of national parks across the country are potentially in doubt following a shock federal court decision striking out a native title deal in Western Australia.
The ruling by a full bench of the federal court on Thursday has prompted speculation the Native Title Act will be amended in response. Continue reading
Saving your sacred homeland from nuclear waste dumping
How would you feel if your suburb was being used as a nuclear waste dump? MamaMia, 26 Jan 17 RACHEL WAGNER
There are so many stories of this country that we don’t often hear.
Incredible stories of the earth, and the power of its people.
Sun drenched plains stretching to the horizon. Rich red earth, hot against the cool blue sky. Dreamtime stories indelibly etched in every tree, every rock and every grain of sand.
This is our home, thought the Warlmanpa and Warumungu people.
What a perfect place for a nuclear waste dump, thought the Australian government.
When the Government first proposed Northern Territory’s Muckaty Station, near Tennant Creek, as the site of Australia’s first nuclear waste site, Kylie Sambo was just a school girl confused by a story on the radio.
She had no idea what it meant when her uncle told her it was her time “to be in front, fighting this problem.”
“Just remember,” he told her, “You may think you own the land. But the land owns you.”
Now, after eight years of fighting, the Indigenous activist can say she played an integral role in saving her family’s sacred homeland.
It’s the most amazing Australian story, this week on the Fighting For Fair podcast. It was the death of Kylie’s uncle that was the catalyst for her to take on the Government in a legal challenge to protect the land.
“I heard him through the winds. Through the birds. Through the trees – the branches as they rub against each other,” she said.
“Then I got the idea of making two things that I loved in my life work. My land, and my music. I combined them together and I created something great, something extraordinary, something that is true to me and something that will always be with me.”
A 16-year-old Kylie crafted a song that spoke of the injustice against her people.
Don’t waste the territory, this land means a lot to me / Been living here for centuries, this place we call Muckaty / Let’s get together and fight / Planting your poison in our land, just to get some cash in the hand / You’re drilling a hole right through my soul.
Historically, music and politics are intrinsically linked……..
On behalf of the traditional owners of the land, leading social justice law firm Maurice Blackburn took the case to the Federal Court where Kylie used her voice to fight the dump.
Alongside countless friends, family and supporters of the cause, the young rapper was able to stand up in court as a witness, bringing home a victory for the Warlmanpa and Warumungu people, and saving Muckaty from becoming a dumping ground for nuclear waste.
But as Kylie knows all too well, the fight is not over.
The government is still searching for a new site, with other areas of sacred land in contention and traditional landowners at the helm of the protest.
“As how far my culture goes, I will protect it and I will protect my land. So that’s what it took for us to win this case but there’s still more to come,” Kylie said.
“We don’t own the land. The land owns us.” http://www.mamamia.com.au/native-title-federal-court-case/
1 This month
of the week – Australians for War Powers Reform (AWPR)
To see nuclear-related stories in greater depth and intensity
Antinuclear 