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Australian Democrats Dissenting Report
Aboriginal Land Rights (Northern
Territory) Amendment Bill 2006
I dissent from the recommendation contained in the majority
report. Even the grossly inadequate,
truncated examination the Committee was able to undertake showed quite clearly
that there needs to be much greater consultation with Traditional Owners and
other Aboriginal people who are directly affected by the changes proposed in
the legislation before it proceeds.
There are areas of the legislation which cause me serious concern.[62]
However, the key issue is not what my views are about the workability of
various aspects of the legislation, it is what the informed views are of the
Indigenous peoples of the Northern Territory.
If it was clear that this legislation was understood and supported
by Traditional Owners and the wider Aboriginal population of the Northern Territory, I would support it, regardless of my own
misgivings. However, to the contrary, it
is quite clear that there is widespread concern, apprehension and indeed
outright opposition to some aspects of the legislation from amongst the
Indigenous population.
There are few pieces of legislation more fundamental to Indigenous
Australians than land rights laws. No
one is disputing that improvements can be made to the existing federal
legislation, but it is nothing short of a disgrace that such major changes are
being proposed without any serious attempt being undertaken by the federal
government to ensure they have the informed consent of those Aboriginal people
who will be directly and potentially affected by these changes.
The evidence given to this inquiry by the federal government’s own
representatives from the Office of Indigenous Policy Coordination made it quite
clear that no direct consultation had been undertaken with Traditional
Owners. Of even greater concern is that
there did not even seem to be any indication that this was seen as being
necessary.[63]
It is well past time that governments and their departments
started treating Indigenous Australians with some respect and basic
courtesy. It is now becoming common
place for the federal government to treat the Senate and its Committees with
contempt by refusing to allow meaningful opportunities to scrutinise
legislation and seek informed community input.
However, the open contempt for Aboriginal people and communities
displayed by the federal government in the process of producing and seeking the
passage of this legislation is even more unacceptable.
Even if one were to take the view that the changes in this
legislation were completely positive, the chances of them producing the sorts
of improvements that government says it desires are drastically reduced by this
insistence on introducing them in a way which shows contempt and generates understandable
suspicion from Aboriginal people in the Territory.
It is my view that meaningful change cannot be effected without
Aboriginal people themselves being part of the whole process because they
know what works and what does not in their communities.
Many of the communities and people affected by this legislation
live in quite remote areas. They come from a wide range of different language
groups, including many people for whom English is not their first language or
their second language. As evidenced by submissions from the Traditional Owners
of the Miyarrkapuy\u, Laynhapuy\u, and Djalkiripuy\u areas of North East Arnhem
Land, it is clear that many Indigenous communities have had major issues with
informing the wider community:
"...Most of our homelands have no electricity, we have no
newspapers, we do not get ABC Radio or TV - it is very hard to know what
Government is doing. We had heard that the Land Rights Act was going to be
amended, but it was only by chance that we heard about your Senate Committee
hearing. We have had little time to try and understand what these changes might
mean, and we have no access to lawyers and other independent experts. It takes
time and resources to inform and consult with our members and clansfolk, and we
have to rely on our staff who are not experienced in these matters to help
us."[64]
In fact it has been established that review after review for
the last decade with respect to land rights in the NT has been devoid of any
real attempts to involve the Traditional Owners and communities despite the
fact that this risks compromising fundamental rights of Indigenous
communities. It is part of the paternalistic attitude of governments who
make decisions for Indigenous communities believing them to be incapable of
doing so themselves.
Pages 5 through 10 of the submission from the Aboriginal &
Torres Strait Islander Social Justice Commissioner[65] outlines in detail the responsibility
the federal government has to properly consult with Indigenous people. It is beyond dispute that the federal
government has fallen well short of what is required to even make the pretence
that this legislation has the full and informed consent of the Indigenous
peoples of the Northern Territory.
Until it does, the legislation should not proceed.
Andrew Bartlett
Democrat
Senator for Queensland
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