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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "News: Land Rights Now; Jubilee in SA; Peaceful Protest; Litigation Update" [1986] AboriginalLawB 11; (1986) 1(19) Aboriginal Law Bulletin 2


News

Land Rights Now

The International Working Group for Indigenous Affairs (IWGIA) has published a new volume in its Documentation Series entitled Land Rights Now: The Aboriginal fight for land in Australia (IWGIA Document 54, October 1985).

After the introduction there are five chapters covering; Federal Government Land Rights Models; The Aboriginal Response; Protest and Response; Pastoral and Mining Interests; plus, Land Rights and Self Determination - a comparative view.

The Chapters comprise articles as well as speeches, for example, to Minister for Aboriginal Affairs, Clyde Holding, to the UN Working Group on Indigenous Populations in August 1984 plus Charles Perkins' speech to the UN Working Group in 1985 and by Pat Dodson plus Bob Riley. There are also articles by Bruce Donald of to Central Land Council, Brad Morse, a law professor from Canada and by John Alan and Michael Dillon (the new senior private secretary for Clyde Holding) an article called 'Land Rights. Why Hawke's model has no backing'.

The IWGIA is an independent, international organisation, with local groups in Denmark, Sweden and Norway, which deals with the oppression of indigenous peoples. The group publishes as Documenation Series and a Newsletter in English and Spanish. They welcome suggestions and contributions.

Contact: Fiolstraede 10, DK 1171 Copenhagen K.
Denmark
Tel: 0-124724

Jubilee in SA

Early in 1983 a number of Aboriginal people approached the Jubilee 150 Board of South Australia to discuss Aboriginal attitudes to the coming Jubilee 150 in 1986.

Aboriginal people have a diverse range of attitudes towards the Jubilee. Some have decided to boycott the Jubilee and its events around SA Some have described the money available through the Jubilee as 'blood money' and feel that the Jubilee is irrelevant and hostile to Aboriginal aspirations and values. Some have decided to setup a formal relationship with the Jubilee so that dialogue can take place, so that there can be some positive outcomes for Aboriginal people and so that Aborigines can be in control of some of the education of non-Aborigines this year.

The Aboriginal Executive of the Jubilee 150 Committee has undertaken the following major activities:

Survival In Our Own Land

This is a book (to be launched in September) which tells the story of SA from an Aboriginal point of view. It has taken 2 years of research to complete a manuscript. n includes much photographic material.

Aboriginal History Exhibition '86

A touring exhibition of photographic and documentary material on and of Aborigines The four starts in country towns and then spends the last months of '86 in Adelaide, the capital city.

Four publicity posters

A set of four posters highlighting Aboriginality. The theses are: Land Rights, Aboriginal children, Aboriginal culture, Aboriginal achievements.

In addition the history of the Aboriginal Legal Rights Movement is being produced in recognition of ten years of excellent work for the Aboriginal people.

Peaceful Protest

As part of the International Year of Peace, the Human Rights Commission is organising a seminar on the Right of Peaceful Protest. It is to be held in Canberra at University House. the Australian National University. on Thursday 3rd and Friday 4th of July 1986.

The seminar will be an occasion to explore the human rights significance of peaceful protest in law and in practice. It will investigate the conditions under which peaceful protest takes place and the restrictions placed upon it, the problems associated with if and the ways it can be made effective. The seminar is not intended to serve as a venue for statements on behalf of particular causes.

It is hoped that the seminar will attract individuals and members of a range of organisations involved in peaceful protest as well as those with a more professional concern with the subject, including members of the legal profession, the media, government officers, academics, police.

Papers on numerous aspects of peaceful protest together with workshop sessions on selected topics should ensure that everyone benefits from the diversity of background and experience represented, and that greater understanding is gained of one of the human rights most crucial to the functioning of a democratic society: the right to protest peacefully and publicly on behalf of what one thinks is right.

The registration fee for the two-cloy seminar is $35.00. This includes light lunches, morning and afternoon teas and drinks on the Thursday evening at the close of the day's proceedings.

For further information contact:
Peaceful Protest Seminar
Australian Convention & Travel Services GPO Box 1929
Canberra ACT 2601
Tel: (062) 49 8015 or 49 6440

Litigation Update

Mabo v Queensland

In this action, people of Murray Island claim that their land rights were not affected by acquisition of British sovereignty and still continue today. The case comes before Gibbs CJ In the High Court of Australia in February for a directions hearing. The Chief Justice, on 27 February, ordered that the matter be remitted to the Supreme Court of Queensland for determination of issues of fact. The hearing is likely to take place in the second half of 1986.

Koowarta v Bjelke-Petersen

This case has already been before the High Court of Australia which upheld the validity of the relevant sections of the Racial Discrimination Act, 1975 (Cth) and affirmed Koowarta's standing to proceed under the Act against Queensland Ministers and officials. The essence of the action is that the defendants refused on racial grounds to approve transfer of a pastoral leasehold to the Aboriginal Land Fund Commission for the benefit of Koowarta a people.

The case still awaits trial in the Queensland Supreme Court. It has bogged down on the plaintiff's application for discovery at documents. The Queensland government claims that relevant documents are immune from discovery on he basis of Crown privilege. Koowarta's lawyer, Greg McIntyre in Cairns is currenty attempting to get a hearing date on this issue in Townsville.


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