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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Update June 1995" [1995] AboriginalLawB 34; (1995) 3(74) Aboriginal Law Bulletin


Update

June 1995

Commonwealth review of Customary Law report

The Office of Indigenous Affairs, Department of the Prime Minister and Cabinet have prepared a short report (36 pp) reviewing Commonwealth implementation of the recommendations of the Australian Law Reform Commission (ALRC) 1986 report on the recognition of Aboriginal Customary Laws. The Cth review arises out of an acknowledged need to examine legal and governmental responses to the 1986 ALRC recommendations in the light of developments such as the Royal Commission Into Aboriginal Deaths In Custody (RCIADIC) and the High Court's decision in Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1. The report reviews the areas of criminal law and sentencing, evidence and procedure, marriage, children and family property, local justice mechanisms and traditional hunting, fishing and gathering rights.The report has been prepared "to spark discussion in both governmental circles and the wider community about how the recommendations of the ALRC are to be implemented."

For more information contact:
Office of the Hon Robert Tickner,
Minister for Aboriginal & Torres Strait Island Affairs,
Ph: (06) 2777620.

New Native Title Report

The first report regarding the operation of the Native Title Act 1993 (Cth) by the Aboriginal and Torres Strait Islander Social Justice Commissioner in the Human Rights and Equal Opportunity Commission has been released. The report is 210pp and includes chapters on the Native Title Act, Human Rights, Extinguishment, the National Native Title Tribunal, Economic and Resource Management Issues and Community Awareness. Copies of the report can be purchased at a cost of $12.00 per copy, plus $3.00 postage for 1 copy from:

The Publications Officer, Human Rights and Equal Opportunity Commission
GPO Box 5218
Sydney NSW 2001

Native Title in the North

The following resolutions were made at the Native Title in the North Conference held in Townsville from 1-6 June 1995:

"1. That Aboriginal and Torres Strait Islanders hold appropriate meetings with a view to forming a political party and consequently jointly nominate suitable candidates for all levels of government.

2. That each community pressure their ATSIC councillors to provide adequate money ... to employ appropriate solicitors to make/draft recommendations on land rights and other issues to be included in the constitution and provide appropriate legal rights and services. Issues include:
(a) reducing the burden of proof of Native Title;
(b) that ATSIC should adequately fund land councils so they (can) be more effective..


3. That young people should be invited to conferences to get them involved and made politically aware.

4. We wish as a conference to state that the use of the term Native Title is not appropriate. We propose the use of this term cease immediately. The Commonwealth Government needs to negotiate with the Indigenous people of Australia to identify an appropriate term such as Indigenous Land Title.

5. That the Australian Constitution recognises sovereignty by way of forming a federation of First Nations made up of Aborigines and Torres Strait Islanders and other Australians.

6. Local areas, streets, scenic and places of importance be given language names-after people who are the owners of the traditional area cg. Townsville and other cities.

7. In the light of the dispossession of the Indigenous peoples of this country, the conference resents the demands that Indigenous people have to prove their Native Title.

8. The conference believes that the Native Title process is too complicated and too slow and frustrating for Indigenous claimants. We call on the Government to simplify the process, not to meet those demands of interests opposed to indigenous aspirations but rather to meet the needs of indigenous peoples."

New Northern Territory land rights publication

The Central and Northern land Councils have produced a new 40pp booklet explaining the Aboriginal Lands Rights (Northern Territory) Act 1976 and the workings of the Land Councils in the Northern Territory. Our Land, Our Life- Aboriginal Land Rights in Australia's Northern Territory explains the Aboriginal Land Rights (Northern Territory) Act 1976 and the workings of the Land Councils, including land claims, land management, the permit system, exploration and mining issues, sacred site protection, traditional owner identification, sacred object retrieval, Aboriginal rights on pastoral leases and the struggle for living area excisions.

Copies are available for $5 (plus $1 postage) from:
IAD Press,
PO Box 2531
Alice Springs, NT 0871
Ph. (089) 511334.

First native title claim for seas accepted

The National Native Title Tribunal Registrar has accepted its first native title claim application for seas. The application lodged on behalf of the Mandilarrilldugij, Mangalarra, Muran, Gadurra, Minaga, Ngayndjagar and Mayorram people for seas in the Croker Island region of the Northern Territory claims native title rights and interests including the rights to occupancy, possession and use. All of the lands adjoining the seas claimed have previously been granted to Aboriginal people under the Aboriginal Land Rights (Northern Territory) Act 1976. The application has been lodged through the Northern Land Council.

Land Tribunal Queensland

The third report of the Land Tribunal on a land claim under the Aboriginal Land Act 1991(Qld) was handed down in February 1995: Aboriginal Land Claims to Vacant Crown Land in the vicinity of Birthday Mountain. The two earlier reports were: Aboriginal Land Claims to Cape Melville National Park, Flinders Group National Park, Clack Island National Park and Nearby Islands (May 1994), and Aboriginal Land Claim to Simpson Desert National Park (December 1994). In all three claims the land tribunal recommended grants to the claimants. A fuller account of the claims will be published in the Australian Indigenous Law Reporter (AILR), Issue No 1.

Stolen Generations Inquiry

The President of the Human Rights and Equal Opportunity Commission (HREOC) and former deputy chairperson of the Council for Aboriginal Reconciliation, Sir Ronald Wilson, will head a national inquiry into the former practice of removing Aboriginal and Tones Strait Islander children from their families. $1.5 million is to be allocated over two years for the inquiry, which has been established by the AttorneyGeneral, Michael Lavarch, as part of the Federal Government's Justice Statement. The terms of reference of the inquiry request HREOC to:

"(a) trace the past laws, practices and policies which resulted in the compulsory separation of Aboriginal and Torres Strait Islander children from their families and the effects of those laws, practices and policies;

(b) examine the adequacy of and the need for any changes in laws, practices and policies relating to services and procedures currently available to those Aboriginal and Torres Strait Islander people who were affected by the compulsory separation of their families with respect to that separation, including but not limited to laws, practices and policies relating to access to individual and family records and to other forms of assistance towards locating and reunifying families;

(c) examine current laws, practices and policies with respect to the placement and care of Aboriginal and Torres Strait Islander children and advise on any changes required taking into account the principle of self-determination by Aboriginal and Torres Strait Islander peoples.

IN PERFORMING its functions in relation to the reference, The Commission is to consult widely among the Australian community, in particular with Aboriginal and Torres Strait Islander communities, with relevant non-government organisations and with relevant Federal, State and Territory authorities and if appropriate may consider and report on the relevant laws, practices and policies of any other country.

THE COMMISSION IS REQUIRED to report not later than December 1996."

Tombstone desecration

On Saturday the 4 June people from all over Australia gathered to celebrate the High Court's historic Mabo (No.2) decision and to remember Eddie Mabo, who tragically died before his battle for his people was vindicated. The day also marked the end of the period of mourning for Eddie Mabo. Following the memorial service in Townsville on Saturday morning, family, friends, members of the community and government dignatories accompanied Mrs Mabo to the cemetery for the unveiling of Eddie Mabo's tombstone.

Overnight, however, the tombstone was desecrated with swastikas and racial slurs, and the figurehead of Eddie Mabo was removed. The desecration has been strongly condemned at an institutional and political level, as well as by the family and communities connected to Eddie Mabo. The Minister for Aboriginal and Torres Strait Islander Affairs has urged that "this violent and criminal act be subject to the most rigorous and ongoing investigation by the Queensland police". The desecration was followed by a very strong anti-racism protest in Townsville the next week.


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