Need to get Reconciliation Action Plan into the NSW State Plan

Some time back i asked NSW Premier Keneally about the absence of a commitment to the reconciliation process in the NSW State Plan. She flicked it on to someone else and i now have a reply (and have replied to that).

I reckon we need more discussion about these matters in the coming NSW State election.

—–Original Message—–
From: Sophie
Sent: Wednesday, 29 September 2010 2:10 PM
To: reyburn@songlines.org.au
Subject: Correspondence from Chief Executive Aboriginal Affairs NSW

Dear Mr Reyburn, please find attached correspondence from James Christian, Chief Executive Aboriginal Affairs NSW.

Sophie Burkett
A/Policy Officer
Strategic Policy and Coordination
Aboriginal Affairs NSW

READ LETTER – PDF file

10LL1946 reyburn re reconciliation

My reply:

—–Original Message—–
From: Bruce Reyburn
Sent: Thursday, 30 September 2010 9:49 AM
To: ‘Sophie Burkett’
Subject: RE: Correspondence from Chief Executive Aboriginal Affairs NSW

Thanks Sophie

James makes the common mistake of conflating the reconciliation process with the government’s obligation to ensure the full well-being of this State’s First Peoples.

Reconciliation (while mindful of that key objective) is about improving the quality of the relationship between indigenous and non-indigenous peoples.

On the figures provided by James, i make that a financial commitment of the NSW Government to reconciliation process of 3 cents a year per person. (ABS NSW pop 7,221,000 at end of March quarter).

3 cents per person per year! Not even a postage stamp per household, let alone a newsletter.

Is this not shameful? What price a Premier’s tears?

I think a dollar per person per year for the reconciliation process would enable much more good work to be done by those who freely commit their time, energy and expertise to their Local Reconciliation Group.

While the NSW is to congratulated for providing a degree of constitutional recognition for the original peoples of this land, it did not recognise them as First Peoples (an important difference under international law).

Unfortunately, even the limited step of recognising First People was a Clayton’s form of recognition in light of Clause 3:

(3) Nothing in this section creates any legal right or liability, or gives rise to or affects any civil cause of action or right to review an administrative action, or affects the interpretation of any Act or law in force in New South Wales.

This renders First Peoples unreal, once again.

So i can draw no real comfort from James’ reply. There is a very long way to go.

What the NSW State Plan requires (with bi-partisan support) is a properly formulated Reconciliation Action Plan as outlined by Reconciliation Australia at its website (see http://www.reconciliation.org.au/home/reconciliation-action-plans ).

For the life of me i cannot understand why there is any problem in taking the next step to get a fair dinkum reconciliation process into the State Plan for the next – and healing – phase of the 21st century.

Merely some mental blockages to be dissolved?

cheers

Bruce Reyburn
Coledale NSW

Senate – movement at the Muckaty Station

Hansard
Proof Issue
SENATE Tuesday, 28 September 2010

Senator Ludlam to move on the next day of sitting:
That the Senate—
(a) notes that:
(i) 29 September is International Radioactive Waste Action Day,
(ii) locating domestically produced nuclear waste at Muckaty Station in the Northern Territory is highly contested by traditional owners, is currently being challenged in the Federal Court and is inappropriate due to under and above ground water movements and high seismic activity in the region,
(iii) winning public confidence and social licence is internationally recognised as essential for successful
and sustainable waste management, as noted by the International Atomic Energy Agency [IAEA], the Organisation for Economic Cooperation and Development [OECD], the International Commission on Radiological Protection [ICRP], the European Union, and the United Kingdom and Japanese governments, and
(iv) above ground, dry storage of radioactive waste at or near the site of origin is recognised as providing
access for routine monitoring, repair of leakages and responsible isolation from the water table and
environment; and
(b) calls on the Australian Government to:
(i) abandon proposals to dump radioactive waste at Muckaty Station, and
(ii) establish a process for identifying suitable sites, transport and storage of Australia’s radioactive waste that is consistent with international best practice scientific processes, and that is transparent, accountable, fair, allowing access to appeal mechanisms and full community consultation.

….

Senator Ludlam to move on the next day of sitting:
That the following bill be introduced: A Bill for an Act to repeal the Commonwealth Radioactive Waste Management Act 2005, and for related purposes. Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2010.

—-

Senate
WEDNESDAY, 29 SEPTEMBER 2010

No. 15 – Senator Ludlam – Introduction of the Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2010

Commenced 4:09 PM
Bill introduced. Debate adjourned

http://www.aph.gov.au/Senate/DynamicRed/Index.html

An interesting mix – Abbott, Pearson, wild rivers … Greens coming to power in Senate 2011.

Interesting comment from the Pearson-Abbott camp in Sydney Morning Herald story “Wild rivers a cage for Aborigines.’by Paul Sheehan (Monday 20 Sept 2010 page 15).

The ‘wild rivers’ are in Cape York:

”We came to believe that green lobby groups want indigenous people’s native title to amount to little more than usage rights, to hunt, fish, gather, so that indigenous people are denied the right to develop their land,” Gusmerini said.

”Green groups are moving quickly to lock up remote lands, by any means. They will use World Heritage, national parks, conservation agreements, wild rivers legislation, marine parks, privately dedicated land, nature refuges, rezoning, anything they can to stop development.

”This green appropriation will extend right across the Top End of Australia in less than a decade unless checked.”

full story (will probably only be available without charge for a short time).

http://www.smh.com.au/opinion/politics/wild-rivers-a-cage-for-aborigines-20100919-15hsb.html

Note also comments, including Liberal affiliations of Gusmerini (http://bit.ly/OfHIF). There is an Abbott, Pearson alliance in play as recent events in the Federal election demonstrated.

NZ-Aotearoa and another version of the thief’s script

Customary title claims hit confiscation hurdle
By Yvonne Tahana
NZ Hearld

Bay of Plenty iwi say land confiscations in the 1860s could scuttle any chance of gaining customary title to tracts of the foreshore in their area.

Mr Palmer said it was a “double standard” that if iwi did gain customary title public access was guaranteed, but private land owners who already had title to the foreshore were not subject to the same conditions.

The whole repeal process had left a sour taste. “You know, I think it’s abhorrent that the thief determines what the conditions are for the return of the land.”

full story

http://msn.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10674660&pnum=0

Avaaz – Call for show of strength by people vis-a-vis those who think they own our world.

Urgent: Media Baron Attacks Avaaz!

The global campaign group, Avaaz.org, has come under attack from a major corporate media empire. Their lawyers are threatening to sue Avaaz in response to a recent campaign in Canada, where the company has used connections to seek special political favours.

I’ve just donated to take the fight to the global corporate media in the press and the courts:

https://secure.avaaz.org/en/stand_up_to_crony_media/99.php?cl_tta_sign=10d7ffff3240fa99287ed9d588240608

Here’s the original email I received:
Continue reading

ABC 7:30 report – questions regarding pollution and Lihir Gold PNG

Price of Gold – Lihir Island, PNG

ABC 7:30 report 9/9/2010 and also 15/9/2010

“Concerns are being raised over the environmental record of the Australian-owned PNG-based mining company Lihir Gold, chaired by Professor Ross Garnaut, better known for his role in championing an emissions trading scheme.

Professor Garnaut’s response to the story is available via a link at the bottom of the transcript.”

full story:

http://www.abc.net.au/7.30/content/2010/s3007654.htm

Lihir Island – mine site from google maps:

Check out the colour of the river downstream from the Ok Tedi mine in PNG (from google maps):

Treaty, constitutional recognition – U.N. terminology – First Nations Peoples

Committee on the Elimination of Racial Discrimination
Seventy-seventh session
2 –27 August 2010
Consideration of reports submitted by States parties under article 9 of the convention
Concluding observations of the Committee on the Elimination of Racial Discrimination
Australia

Distr.: General
27 August 2010
Original: English
Advance unedited version

Extract:

“Drawing the attention of the State party to the Committee’s general recommendation 23 (1997) on the rights of indigenous peoples, the Committee reiterates its recommendation that the State party increase efforts to ensure a meaningful reconciliation with Indigenous peoples and that any measures to amend the Australian Constitution include the recognition of Aboriginal and Torres Strait Islanders as First Nations Peoples. In this regard, the Committee recommends that the State party consider the negotiation of a treaty agreement to build a constructive and sustained relationship with Indigenous peoples. The Committee also recommends that the State party provide the National Congress of Australia’s First Peoples with the adequate resources to become fully operational by January 2011 and support its development.” (emphasis added – songlines).

full document:
http://www2.ohchr.org/english/bodies/cerd/docs/co/CERD-C-AUS-CO-15_17.doc

Thanks to WGAR news
WGAR: Working Group for Aboriginal Rights (Australia)

WGAR Website: http://wgar.info/

NSW Constitutional recognition of First People and Nations (but not as First Peoples).

Extract from Bill’s text:

Constitution Amendment (Recognition of Aboriginal People) Bill 2010
Recognition of Aboriginal people

(1) Parliament, on behalf of the people of New South Wales, acknowledges and honours the Aboriginal people as the State’s first people and nations.
(2) Parliament, on behalf of the people of New South Wales, recognises that Aboriginal people, as the traditional custodians and occupants of the land in New South Wales:
(a) have a spiritual, social, cultural and economic relationship with their traditional lands and waters,
and
(b) have made and continue to make a unique and lasting contribution to the identity of the State.
(3) Nothing in this section creates any legal right or liability, or gives rise to or affects any civil cause of action or right to review an administrative action, or affects the interpretation of any Act or law in force in New South Wales.

copy of Constitution Amendment (Recognition
of Aboriginal People) Bill 2010

http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/648734cb99cb91fcca257797001f69da/$FILE/constitution.pdf

Story ABC Website:

“Indigenous Australians recognised in NSW constitution

The New South Wales constitution now recognises Aboriginal people as the first people in the state, after the Premier introduced a new bill into parliament today.

Indigenous leaders and politicians packed the courtyard at Parliament House to watch a smoking ceremony and traditional dancing by school students.

It is part of a day of celebration to mark the introduction of a bill that acknowledges the Aboriginal people as the traditional custodians of the land.

Premier Kristina Keneally says it is an important change.

“Our intention is to provide recognition recognition that is long overdue,” she said.”

full story
http://www.abc.net.au/news/stories/2010/09/08/3006024.htm?site=sydney

SONGLINES COMMENT

Yeah, good, but …

Check out the difference between recognition of “First People” and “First Peoples” in terms of international law. Note also the name of the new national body “National Congress of Australia’s First Peoples ” See http://www.nationalcongress.com.au

Isn’t it curious, also, how when non-indigenous Australian authorities provide limited recognition of the consequences of British invasion (e.g. native title, stolen generations) they seek to do so at no actual financial cost to the vested interests which have resulted from the mistaken means of colonisation, nor to any real change of the mainstream’s wrong ways of living which have resulted.

So, while each small step along the healing path is to be encouraged (symbolic tokenism included) there remains a very long way to go – and that distance will only be covered as a result of the efforts of a genuine peoples movement.

Hopefully the National Congress of Australia’s First Peoples will be funded by the new Federal Government to conduct community consultation for any changes to the Australian Constitution in terms of recognition of this country’s First Peoples. That could provide a real opportunity to establish its bona fides.

GetUp petition against yet another West Australian land grab

“Another invasion” — Mick Dodson, former Australian of the Year

Dear Friend,

It beggars belief that this is even legal in Australia.

Aboriginal land in one of our most fragile ecosystems has just been earmarked for compulsory acquisition by the Western Australian Government. The reason? Energy giants including BP, Woodside, Chevron and Shell want to build a gas pipeline, and they don’t want to wait for Indigenous consultation.

Some traditional owners are in favour of the pipeline, others disagree. But one thing is clear: compulsory acquisition meansno genuine consultation, and far less compensation if the project goes ahead

We need to respond quickly and make sure Premier Barnett’s announcement is met with national outrage. Locals are delivering a petition to the Premier’s office next week. Can you back them up by adding your name today, and asking your friends to do the same?


http://www.getup.org.au/campaign/NoCompulsoryAcquisition

The nation is talking about hung parliament negotiations in the marble halls of Parliament House. But far away, in the red dirt of James Price Point, 400km from Broome on the Dampier Peninsula, there is another power struggle going on; pitting the profits of BP, Shell, Woodside and Chevron against the rights of Indigenous Australians. You can help shift the balance.

There are numerous registered Aboriginal heritage sites in the vicinity of James Price Point (Walmadan). Locals tell of Indigenous burial sites and ancient rock art; in some areas you can actually see the footprints of prehistoric birds, long extinct. But the Western Australian Premier wants to bypass Aboriginal elders in what’s been called “colonialism all over again” by Wayne Bergmann, Kimberly Land Council CEO. And what’s more, the project hasn’t even received environmental approvals required by State or Federal law.

This is about more than one site, or one gas pipeline. Compulsory acquisition in WA would put the profits of multinationals above the rights of traditional owners — and threatens decades of progress on land rights.

Can you stand with traditional owners behind a campaign to stop compulsory acquisition?

Colin Barnett’s decision could set back the Indigenous Rights movement by 30 years or more. Together we have the opportunity to ensure this doesn’t happen.

Continue reading

ALP – Greens agreement full text url

The Australian Greens & The Australian Labor Party (‘The Parties’) – Agreement Between:

The Hon Julia Gillard MP Prime Minister, MP Lalor, Leader of the Australian Labor Party
The Hon Wayne Swan MP
Deputy Prime Minister, MP Lilley, Deputy Leader of the Australian
Labor Party

And

Senator Bob Brown
Senator Christine Milne
Senator for Tasmania, Leader of the Australian Greens
Senator for Tasmania, Deputy Leader of the Australian Greens
Adam Bandt MP ‐elect MP Melbourne, Australian Greens representative in the House

3. Goals

f) Hold referenda during the 43rd Parliament or at the next election on Indigenous constitutional recognition and recognition of local government in the Constitution.

full text of agreement

http://greens.org.au/sites/greens.org.au/files/Final%20Agreement%20_ALP_GRNS.pdf