chebol
24th October 2006, 09:52
TRADITIONAL ABORIGINAL LAND THREATENED
U R G E N T M E D I A A T T E N T I O N N E E D E D ! !
`Basic services such as education and health care are the right of
all Australians and should not be used as bargaining chips to
pressure traditional land owners to hand over their land on 99 year
leases.' James Ensor, Oxfam's Director of Public Policy.
GOVERNMENT CHANGES TO LEASE & PERMIT LAWS ON TRADITIONAL LANDS
On November 30th, traditional land owners are expected to make a
decision about the future of their ancestral land. Amendments to the
Land Rights Act 1976 will see some of the last standing
traditionally owned and occupied lands taken away from Aboriginal
people across Australia under harsh Government reforms already
underway. Four traditional Aboriginal communities are being targeted
in the Northern Territory, (one of which I am currently working and
living in, Elcho Island in Arnhem Land), are being heavily pressured
to give up control of their lands to a Government body called the
ICC on a 99 year lease.
This is an urgent matter, traditional owners and community members
have a right to more time and less pressure from the Government to
make this decision in just 5 weeks. Most community members and
council members are ill-informed about the Bill, due to the heavy
use of legal jargon as well as basic literacy barriers. How can we
expect these people to make an `informed' decision when they do not
understand even the most basic concepts of the Bill?
The proposed lease provisions will effectively take away the rights
of the traditional owners to decide who and what takes place on
their ancestral lands for 99 years. Companies, services and non-
traditional owners will be able to lease land from the government
rather than obtaining consent from the land-owners on a case-by-case
basis. In effect, the land owners will lose control of their land
for four generations.
"The provision for extension of the 99-year leases means that the
land may never be returned to my people should this experiment
fail," said Aboriginal and Torres Strait Islander Social Justice
Commissioner, Tom Calma. "While I believe that economic development
opportunities are essential for the well-being of Aboriginal
communities, I don't think 99-year leases will provide that economic
opportunity. "
Under these amendments to the Land Rights Act 1976, what will most
likely occur is that previously Aboriginal owned townships such as
Elcho Island in Arnhem Land, will be leased to non Indigenous
people, and the subsequent leases internally may - if they are lucky
or fortunate - go to Aboriginal residents. It is highly unlikely
that any Aboriginal from such townships will be able to afford the
primary lease. It will provide many white people previously without
the opportunity for commercial success to gain it at the expense of
Aboriginal communities. It will also make things a lot easier and
quicker for the mining corporations to wheedle more pristine land
out of Aboriginal communities
Agreement to the lease is voluntary in the sense that it does not
have to be taken out, but the conditions resemble the current
Government's rules of 'wash the kids' faces or you get no petrol.'
In other words, if they don't do it, they will lose services such as
education, health and housing provided as an integral right to all
Australians.
In contrast, if they agree to 99 year leases, they will
automatically be given...
"Around fifty houses [...] and real jobs [and] if the community is
safe and signs up to full school attendance, a no-drugs no-violence
policy and agree to a 99 year lease to support home ownership and
business development opportunities. "
According to the Bill, there appears to be no safeguards to ensure
that leases and headleases are approved with ministerial AND land
council AND the full understanding of traditional owners and
residents who may be affected. The Bill outlines that these things
must take place, but goes on to say that the subsection which
insists upon these requirements is irrelevant to the legitimacy of
the lease should they not take place, as long as 'fraud' is not
committed. It seems like a convenient loophole included to be just
that; an easy way out of such implicit dealings with the actual
people affected.
Many aspects of the Bill breach the UN Convention Concerning
Indigenous and Tribal people in Independent countries. (See Article
6)
This decision is expected to be made in 3 WEEKS. The first Bill has
been quickly and quietly passed without any media attention and has
come into action as of October 1st, 2006.
Commissioner Calma said: "I urge the government to postpone the
passage of this Bill until there is more detail regarding the impact
of the implementation of the legislation and until land owners have
been informed and given the opportunity to provide input into this
process." "The federal Government has not consulted with Aboriginal
land owners on significant aspects of the legislation. '
We are asking for MEDIA ATTENTION on this issue, as it has received
very little so far, probably due to the controversy it would ignite.
- That these traditional communities have the right to more
time and more assistance in understanding the legalities of the Bill
before deciding on the future of their land.
- That these traditional communities should not be
pressured, bullied or used as bargaining grounds.
- That these traditional communities have a right to be part
of the legislative process of making laws about the use of and entry
into their communities.
- That these traditional communities have a citizen right to
the decent housing, health, education and business enterprises that
are being promised in return for the 99 year lease.
WRITE AN EDITORIAL, TALK TO FRIENDS, POST IT ON YOUR WEBSITE…
PLEASE PASS THIS ONTO ANYONE YOU THINK IS OF INFLUENCE AND HAS A
VOICE IN THE MEDIA…
If you can be of help with getting direct media exposure please
contact Sinem (on Elcho Island):
Phone: +61(08) 8970 5134 (please leave a message with your contact
details)
Email: [email protected] com
U R G E N T M E D I A A T T E N T I O N N E E D E D ! !
`Basic services such as education and health care are the right of
all Australians and should not be used as bargaining chips to
pressure traditional land owners to hand over their land on 99 year
leases.' James Ensor, Oxfam's Director of Public Policy.
GOVERNMENT CHANGES TO LEASE & PERMIT LAWS ON TRADITIONAL LANDS
On November 30th, traditional land owners are expected to make a
decision about the future of their ancestral land. Amendments to the
Land Rights Act 1976 will see some of the last standing
traditionally owned and occupied lands taken away from Aboriginal
people across Australia under harsh Government reforms already
underway. Four traditional Aboriginal communities are being targeted
in the Northern Territory, (one of which I am currently working and
living in, Elcho Island in Arnhem Land), are being heavily pressured
to give up control of their lands to a Government body called the
ICC on a 99 year lease.
This is an urgent matter, traditional owners and community members
have a right to more time and less pressure from the Government to
make this decision in just 5 weeks. Most community members and
council members are ill-informed about the Bill, due to the heavy
use of legal jargon as well as basic literacy barriers. How can we
expect these people to make an `informed' decision when they do not
understand even the most basic concepts of the Bill?
The proposed lease provisions will effectively take away the rights
of the traditional owners to decide who and what takes place on
their ancestral lands for 99 years. Companies, services and non-
traditional owners will be able to lease land from the government
rather than obtaining consent from the land-owners on a case-by-case
basis. In effect, the land owners will lose control of their land
for four generations.
"The provision for extension of the 99-year leases means that the
land may never be returned to my people should this experiment
fail," said Aboriginal and Torres Strait Islander Social Justice
Commissioner, Tom Calma. "While I believe that economic development
opportunities are essential for the well-being of Aboriginal
communities, I don't think 99-year leases will provide that economic
opportunity. "
Under these amendments to the Land Rights Act 1976, what will most
likely occur is that previously Aboriginal owned townships such as
Elcho Island in Arnhem Land, will be leased to non Indigenous
people, and the subsequent leases internally may - if they are lucky
or fortunate - go to Aboriginal residents. It is highly unlikely
that any Aboriginal from such townships will be able to afford the
primary lease. It will provide many white people previously without
the opportunity for commercial success to gain it at the expense of
Aboriginal communities. It will also make things a lot easier and
quicker for the mining corporations to wheedle more pristine land
out of Aboriginal communities
Agreement to the lease is voluntary in the sense that it does not
have to be taken out, but the conditions resemble the current
Government's rules of 'wash the kids' faces or you get no petrol.'
In other words, if they don't do it, they will lose services such as
education, health and housing provided as an integral right to all
Australians.
In contrast, if they agree to 99 year leases, they will
automatically be given...
"Around fifty houses [...] and real jobs [and] if the community is
safe and signs up to full school attendance, a no-drugs no-violence
policy and agree to a 99 year lease to support home ownership and
business development opportunities. "
According to the Bill, there appears to be no safeguards to ensure
that leases and headleases are approved with ministerial AND land
council AND the full understanding of traditional owners and
residents who may be affected. The Bill outlines that these things
must take place, but goes on to say that the subsection which
insists upon these requirements is irrelevant to the legitimacy of
the lease should they not take place, as long as 'fraud' is not
committed. It seems like a convenient loophole included to be just
that; an easy way out of such implicit dealings with the actual
people affected.
Many aspects of the Bill breach the UN Convention Concerning
Indigenous and Tribal people in Independent countries. (See Article
6)
This decision is expected to be made in 3 WEEKS. The first Bill has
been quickly and quietly passed without any media attention and has
come into action as of October 1st, 2006.
Commissioner Calma said: "I urge the government to postpone the
passage of this Bill until there is more detail regarding the impact
of the implementation of the legislation and until land owners have
been informed and given the opportunity to provide input into this
process." "The federal Government has not consulted with Aboriginal
land owners on significant aspects of the legislation. '
We are asking for MEDIA ATTENTION on this issue, as it has received
very little so far, probably due to the controversy it would ignite.
- That these traditional communities have the right to more
time and more assistance in understanding the legalities of the Bill
before deciding on the future of their land.
- That these traditional communities should not be
pressured, bullied or used as bargaining grounds.
- That these traditional communities have a right to be part
of the legislative process of making laws about the use of and entry
into their communities.
- That these traditional communities have a citizen right to
the decent housing, health, education and business enterprises that
are being promised in return for the 99 year lease.
WRITE AN EDITORIAL, TALK TO FRIENDS, POST IT ON YOUR WEBSITE…
PLEASE PASS THIS ONTO ANYONE YOU THINK IS OF INFLUENCE AND HAS A
VOICE IN THE MEDIA…
If you can be of help with getting direct media exposure please
contact Sinem (on Elcho Island):
Phone: +61(08) 8970 5134 (please leave a message with your contact
details)
Email: [email protected] com