Organisation for Aboriginal Unity --- "OAU Speaks Out" [1983] AboriginalLawB 5; (1983) 1(7) Aboriginal Law Bulletin 6

• Oau Speaks Out

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OAU Speaks Out

The Organisation for Aboriginal Unity (OAU), which seeks to represent Aboriginal people throughout New South Wales, has rejected the NSW Government's Land Rights legislation. The OAU has formulated the following statement of demands.

WE ARE A SOVEREIGN RACE. WE RAVE NEVER RELINQUISHED OUR

SOVEREIGNTY.

The Aboriginal nations within the confines of British New South Wales do hereby declare that they are the rightful owners of all the Territories of New South Wales and that these Lands have been forcefully taken from our possession without proper legal recognition of our prior ownership of these Lands and without the proper payment of just compensation for the expropriation of these Lands.

The Aboriginal nations of New south Wales do hereby declare that the related attempt by the New South Wales Government to recognise Aboriginal Land Rights is welcome but that the scheme proposed in the recent Green Paper released by the Minister for Aboriginal Affairs the Honourable Mr. Frank Walker, Q.C., M.P. on the 22nd December, 1982 is totally inadequate and insufficient in granting full and meaningful Land Rights to the Aboriginal People of New South Wales.

The Aboriginal Nations of New South Wales do hereby assert our sovereign right to self Government by demanding that the New South Wales Government draw up Land Rights Legislation which is based on the demands of the Aboriginal Nations of New South Wales.

1. That the New South Wales Government completely discard the scheme proposed in the Green Paper on Aboriginal Land Rights in New South Wales and replace it with a legislative programme based on the following demands.

2. All Unalienated Crown Land to be transferred to the local Aboriginal Community in the vicinity of any Unalienated Crown Land.

3. Aboriginal groups to have the right to claim any alienated Crown Land which is of traditional or historical significance to Aboriginal people.

4. Aboriginal groups to have the right to claim any land alienated from the Crown which is possessed by private individuals or corporations which is of traditional or historical significance to Aboriginal people.

5. Aboriginal groups to have complete and full rights to all minerals, precious stones, coal and oil on or in Aboriginal Land.

6. Aboriginal Land to be free of State and Local Government taxes and rates. 7. AB Housing for Aborigines purchased or constructed pursuant to the Commonwealth State Agreement to be immediately transferred to Local Aboriginal Communities.

8. The Government of New South Wales to take all the steps that are necessary to change the New South Wales Constitution Act of 1902 to provide that a referendum must be held amongst the voters of New South Wales to seek approval before any legislation is introduced to Parliament which will have the effect of amending in any way the Land Rights legislation that will be enacted and which is based on these demands.

9. The New South Wales Government is to create an Aboriginal Heritage Commission with powers to compulsorily acquire Aboriginal Artifacts, paintings, tools and other paraphernalia which is of importance to Aboriginal Heritage.

10. All Aboriginal people to have the right to hunt, and gather foods on all lands and to fish in all waters in New South Wales and to provide that if a private individual, corporation or Government agency wishes to restrict this right that they must go to the Court set up under the Land Rights Legislation to show just and reasonable grounds for restricting Aboriginal access to such land.

11. That the Government create an Aboriginal Land Claims Tribunal with the status equivalent to the Supreme Court to hear and determine Aboriginal claims to land and applications by non-Aborigines to restrict the access of Aborigines to hunt, fish and gather foods on any Land.

12. All Aborigines to have water rights to tidal waters, rivers, creeks, estuaries and lakes based on traditional claims to these waters.

13. That the New South Wales Government compensate Aborigines for loss of land and culture, detribalisation and current and past crimes against our human rights and dignity. Aborigines to be compensated here must include urban dwelling Aborigines.

14. All Aboriginal people who have been adopted must have access to their original birth certificate/record.

15. That the Aboriginal Heritage Commission record and maintain a genealogical archive and register relating to Aboriginal people within the confines of New South Wales.

16. That the Government of New South Wales legislate to provide that Aborigines be granted a percentage of the Western Lands leases.

17. That the New South Wales Government enter into treaty negotiations with the Organisation for Aboriginal Unity with a view to reaching a settled agreement with New South Wales Aborigines based on these demands.