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Aboriginal Law Bulletin --- "Update: Human Rights Committee Update; Repeal of Part III of the Aboriginal Councils and Associations Act; New Land Rights Case; AboriginalLB 10 Years Old" [ 1991] AboriginalLawB 45 ; (1991) 1(51) Aboriginal Law Bulletin 23

Update

Human Rights Committee Update

During the 9th Session of the United Nations Working Group on Indigenous Populations in Geneva, the Federal Minister for Aboriginal Affairs, Mr Robert Tickner, indicated that Australia will also be ratifying the First Optional Protocol of the International Covenant on Civil and Political Rights. Ratification will allow Aborigines and Tones Strait Islanders to petition the Human Rights Committee about matters involving breaches of the International Covenant on Civil and Political Rights independently of governments when individual rights have been affected and all domestic avenues of redress have been exhausted.

A note entitled The Human Rights Committee by Prof. Garth Nettheim (see [1991] AboriginalLB 9; 2(48) pg 15) briefly discussed the findings of the 1990 Report of the Human Rights Committee pertaining to a communication by the Lubicon Lake Band of Cree Indians from Alberta, Canada. Prof. Nettheim noted that "the Optional Protocol provides only for communications where individual rights have been violated", although individuals who have been similarly affected can, collectively, submit a communication.

Repeal of Part III of the Aboriginal Councils and Associations Act

In July 1978, the Aboriginal Councils and Associations Act (1976) Cth came into force. Part III of the Act allows for the establishment of Aboriginal Councils to carry out local government services. Through incorporation under this Act, Aboriginal Associations have been able to attain stronger recognition than associations incorporated under the Associations Incorporation Act (NT).[1] The Commonwealth Government is now considering repealing this legislation.

An article on this legislation by David Dalyrimple in AboriginalLB 32/11 ([1988] AboriginalLB 32; 2(32)pg11) entitled The Forgotten Option - Part III of the Aboriginal Councils and Associations Act 1976 argues that while Part III is by no means a perfect legislative expression of acknowledgment of the right of Aboriginal communities to set up local or regional "governments", it was the best option available and should be pushed to its limits.

Katherine Regional Aboriginal Legal Service Inc. has requested that the Minister for Aboriginal Affairs, Mr Robert Tickner, outline the reasons why the repeal of Part III is now being considered.[2]

Katherine ALS justifiably argues that nothing has occurred in recent years which would indicate that anything stronger than Part III of the AC&A Act is likely to be implemented in the future to provide a workable context in which Aboriginal local or regional self-government could be established and protected under Commonwealth legislation.[3] The repeal of this legislation is especially relevant in the context of the Federal Government's recent failure to implement legislative reform to give Aboriginal people a basis for self determination, highlighted by its failure to fulfil its "treaty" and national land rights promises.

All groups and organisations opposed to the repeal of Part III of the AC&A Act are encouraged to make representations to the Minister as soon as possible.

New Land Rights Case

In July, 1991, proceedings were initiated in the case Utemorrah and Others v Commonwealth and Western Australia. The Plaintiffs claim ownership, for the Wunambal, Ngarinyiu and Worora people, of the Worora coast, the Mitchell Plateau and the Drysdale River regions in the Kimberley division of northern western Australia and adjacent seas, reefs, inlets and rivers. Their ownership under Aboriginal law continued, they argue, after Britain acquired sovereignty, on the basis of communal native title, ownership by custom, and usufructuary rights. Such title has not been lawfully extinguished but has indeed been recognised by the governments of the UK, WA and the Commonwealth. Actions taken by WA, in particular, are said to infringe the Plaintiffs' rights, and various orders are sought.

The issues raised in the new action are very similar to those raised in Mabo v Queensland, currently awaiting judgement in the High Court.

AboriginalLB 10 Years Old!

The August issue of the Aboriginal Law Bulletin marks the 10th anniversary and 51st issue of the AboriginalLB. The inaugural editorial ([1981] AboriginalLB 1; 1(1)pg1) by Neil Rees states:

"It is difficult to deny that Aborigines have long provided scholars from many disciplines with a fruitful field of study. Lawyers are starting to discover this fact as more begin to write about the impact of a white legal system upon Blacks. The many interesting legal issues which have arisen often serve to divert attention from the injustices and social destruction which the white Australian legal system has caused among Aboriginal communities. Is this just another journal devoted to academic study of legal niceties? We hope not, but the future depends largely upon gaining the support of people working with Aboriginal Legal Services, Land Councils and research organisations. The primary aim of this Bulletin is to become a source of useful, practical information for people working in the field of Aborigines and the law."

Over the past 10 years the editors have attempted to provide a service which would be useful to the diverse range of organisations dealing with Aboriginal affairs. The AboriginalLB has produced an index for the first volume issues 1-30. This together with back issues is available from the Aboriginal Law Centre.

With the appointment of Jason Behrendt in July 1990 the Aboriginal Law Bulletin now has a Koori editor.

[1] Dalyrimple, D "The Forgotten Option - Part I// of the Aboriginal Councils and Associations Act 1976" ([1988] AboriginalLB 32; 2(32)pg11).

[2] Letter to the Minister for Aboriginal Affairs from Katherine Regional Aboriginal Legal Aid Service Inc. dated 27/5/91.

[3] Ibid