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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Update: Tangentyere Win; Diplomacy Training Course; HREOC Report on Redfern Raid; International Law; Aboriginal Liaison Officer Appointed to Ombudsman's Office" [1990] AboriginalLawB 26; (1990) 1(44) Aboriginal Law Bulletin 19


Update

Tangentyere Win

Tangentyere Council Inc which services the town camps around Alice Springs won an appeal on 4 May in the NT Supreme Court against the refusal of the NT Commissioner of Taxes to grant pay-roll tax exemption. Justice Angel held that Tangentyere qualified for the exemption as a "public benevolent institution". A case note will be published in the August AboriginalLB. GN

Diplomacy Training Course

A six day course was held in Alice Springs between 27 May - 2 June for the Combined' Aboriginal Organisations, organised by the Institute of Aboriginal Development. Some thirty four Aboriginal people completed the course coming from such diverse bodies as the Central and Northern Land Councils, Yipirinya School, CAAMA, Aboriginal Child Care Agencies and Julalikari Council.

Topics covered included introductions to international law and human rights law, the UN system, self-determination, media networking, ILO Convention No.169, the role of non governmental agencies and a Security Council role play.

The program was presented by the Diplomacy Training Program at the University of New South Wales. GN

HREOC Report on Redfern Raid

On the 8th of February, at 4am, 135 members of the Tactical Response Group, Sydney District Police, the Police Rescue Squad and police dogs converged on 10 houses in Redfem. The raid resulted in eight arrests for minor matters. The February 8th raid has been the subject of individual as well as community complaints. It is currently being investigated by the Ombudsman and will be investigated by the NSW Royal Commission into Aboriginal Deaths in Custody.

The Human Rights and Equal Opportunities Commission report, Aboriginal-Police relations in Redfern: with Special Reference to the `Police Raid' of 8 February 1990 was recently released. This report, written by consultant Chris Cunneen, examines the continuity of over policing in the area since the 60's. It places the raid in the context of 80's and 90's trends away from community policing with increased deployment of specialist police squads such as the Tactical Response Group(TRG) in Aboriginal communities. The report documents large scale police incursions in the 80's, complaints and subsequent investigations ensuing from policing operations and particular incidents such as the killing of David Gundy and police shooting in Alexandria Park on National Aboriginal Day July 1989.

Complaints arising from the raid are examined, raising issues about the degree of force used by police in executing the raid, methods of search and seizure and the likelihood of such an operation resulting in serious injury or death.

The report considers the justifications provided by the Sydney District Commander and Police Minister for the raid. These being that the it was a response to community concern about crime and drug abuse in the area and the need for `alternative methods' of policing when surveying, "the activity of people when they are all the one breed..."p 22 The Report highlights the racial implications of sector policing and refutes attempts to justify the raid by fabricating a division between the law abiding supporters of the raid and criminal others. Cunneen states, "Such a simple polarisation of views of course deflects criticism of the nature of the police operation..." p23 The Report `s recommendations include: a departmental review of the role, status and authority of Aboriginal-Police liaison officers, a review of the role of the TRG in Aboriginal communities, and departmental clarification on procedures and accountability for particular aspects of the Feb 8th raid. The Report is available from the HREOC and can be obtained by phoning (02) 220-7600

International Law

The UN's Working Group on Indigenous Populations is to extend its session this year from one to two weeks to further drafting of a Universal Declaration on Indigenous Rights. It is to meet in Geneva from 23 July - 4 August.

The Aboriginal Law Centre is willing to assist Aboriginal organizations in considering their position on the Declaration either for the purpose of reporting their views to ATSIC, or for presenting their views directly in Geneva. A copy of the current draft with possible amendments is attached to the Aboriginal Law Notes (ALN 90/4) The Aboriginal Law Centre can also make available a "kit" concerning the new International Labour Organisation Convention No. 169 to facilitate discussions on whether or not the Australian Government should ratify the Convention. GN

Aboriginal Liaison Officer Appointed to Ombudsman’s Office

Joyce Clague joined the NSW Ombudsman's office in August 1989, as its first Aboriginal liaison officer. She sees her role as informing Aboriginal groups how the Ombudsman can help them and has already set up a major publicity and awareness campaign throughout the state. Joyce has a history of pioneering achievements for her people. She has worked in the areas of health, housing and land rights and hopes that her involvement in the Ombudsman's office will, "...assist a few departments to change their attitudes in their dealings with Aboriginal people."

Joyce Clague can be contacted at the NSW Ombudsman's office:
3rd Floor 580 George Street Sydney 2000
Ph (008) 45-1524 Toll Free (02)286 1000.


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