120611 – “To make Native Title meaningful government must …Drop proof of ownership” NIT

Contents:
* NIT: To make Native Title meaningful government must
…Drop proof of ownership
* Michael Anderson:
Mabo Judges Perverted The Course Of Justice
* Congress:
Keep door open for more substantial Native Title reform
* Mick Gooda:
Native title reform could go closer to fulfilling Mabo’s legacy
* Greens Rachel Siewert:
Onus of proof omission a native title letdown
* The Wire: Native Title reform fails to make key change to law
* Mabo and Native Title News
* ECNT / ALEC / BNI: Nuclear waste dump plan should be taken
off the table before it goes off the rails
* Respect and Listen: Muckaty nuclear waste dump update
* Background to the proposed Muckaty nuclear waste dump
* Background to expansion of Olympic Dam mine challenge
* Other articles

* NIT:
TO MAKE NATIVE TITLE MEANINGFUL GOVERNMENT MUST
…DROP PROOF OF OWNERSHIP

– News

National Indigenous Times:
To make Native Title meaningful government must
…Drop proof of ownership
http://www.nit.com.au/your-say.html
http://www.nit.com.au/news/1219-drop-proof-of-ownership.html
7 Jun 12: “Proof of ownership would no longer be required
by Traditional Owners in Native Title claims if the Federal
Labor Government would agree to join with the Federal
Parliament’s independent, Rob Oakeshott and the Australian
Greens to pass the legislation. The issue of ownership has
been a major issue for Traditional Owners lodging Native
Title claims because the current legislation requires them
to prove their connection with the land. However, the
independent Mr Oakeshott said he would support legislation
currently being proposed by the Australian Greens … ”

* MICHAEL ANDERSON:
MABO JUDGES PERVERTED THE COURSE OF JUSTICE

– Media Statement

Sovereign Union: Mabo Judges Perverted The Course Of Justice
http://nationalunitygovernment.org/content/mabo-judges-perverted-course-justice
6 Jun 12: “While the 1992 Mabo judgement was a major
milestone in Aboriginal history, we must remember that the
judges in this case presented the same cowardice as Justice
Blackburn in the Millirrpum Gove case in the 1970s.
In the Gove case, the court gave much weight to the
evidence presented by anthropologist Ronald Berndt who
coined the phrase, “the Aborigines don’t own the land, the
land owns them” or words to that effect, thus resigning our
people to forever being part of the natural flora and fauna
of this country. It must also be stated that the Gove
matter was not presented with the 1872 Pacific islanders
Protection Act as amended in 1875. … ”
By Michael Anderson, National Coordinator of the
National Unity Government of the ‘Sovereign Union’

* CONGRESS:
KEEP DOOR OPEN FOR MORE SUBSTANTIAL NATIVE TITLE REFORM

– Media Release

National Congress of Australia’s First Peoples:
Keep door open for more substantial Native Title reform
http://nationalcongress.com.au/congress-says-keep-door-open-for-more-substantial-native-title-reform/
6 Jun 12: “Congress will continue to advocate for more
substantive changes to the Native Title Act, including
reversing the onus of proof for claimants, following the
Government’s announcement of a raft of reforms today.
Congress Co-Chairs Les Malezer and Jody Broun welcomed the
positive reforms as the first stage in the Government’s
incremental approach to making the Native Title Act
stronger and more workable.
The reforms cover taxation, good faith negotiations,
agreements for historical extinguishment, and a new easier
way to vary land use agreements.
Co-Chair Malezer said these are positive changes but do not
go far enough for many Aboriginal and Torres Strait
Islander peoples.”

See:

Indigenous radio station 98.9FM Brisbane:
Les Malezer & Jimi Bani
http://www.989fm.com.au/category/podcasts/
8 Jun 12: “National Congress co-chair Les Malezer and
Actor Jimi Bani, playing Eddie Mabo in upcoming production.”
Listen to this interview on-line:
http://www.989fm.com.au/podcasts/lets-talk/les-malezer-jimi-bani/
[Includes discussion of Native Title.]

WGAR News: Congress: Congress tells PM:
Native Title is not real land rights (5 Jun 12)
[scroll down page] http://indymedia.org.au/2012/06/05/wgar-news-audio-from-the-litigating-the-boundaries-of-sovereignty-symposium

Background to National Congress of Australia’s First Peoples
Last updated: 5 May 2012
http://indymedia.org.au/2012/05/05/background-to-the-national-congress-of-australia%E2%80%99s-first-peoples

* MICK GOODA:
NATIVE TITLE REFORM COULD GO CLOSER TO FULFILLING MABO’S LEGACY

– Analysis / Opinion

Australian Human Rights Commission:
Native title reform could go closer to fulfilling Mabo’s legacy
Publication: Sydney Morning Herald, Page 9 (Mon 4 Jun 2012)
http://www.hreoc.gov.au/about/media/media_releases/op_ed/20120604_mabo.html
“I was working in the Torres Strait in the late 1980s and I
remember the buzz that went around Thursday Island when
Koiki (Eddie Mabo) was back in town. … Currently, native
title claimants have to provide all the information that’s
required to demonstrate their continuous connection to
country. As these reforms sit before the federal
Parliament, I find myself wondering what Eddie Mabo would
think now? I’d like to think he’d still hold out hope that
the promise Mabo represented really will be fulfilled.”
By Mick Gooda, Aboriginal and Torres Strait Islander
Social Justice Commissioner

See:

WGAR News:
AHRC: The promise of Mabo is yet to be realised (5 Jun 12)
[scroll down page] http://indymedia.org.au/2012/06/05/wgar-news-audio-from-the-litigating-the-boundaries-of-sovereignty-symposium

* GREENS RACHEL SIEWERT:
ONUS OF PROOF OMISSION A NATIVE TITLE LETDOWN

– Media Releases

Rachel Siewert: Onus of proof omission a native title letdown
http://rachel-siewert.greensmps.org.au/content/media-releases/onus-proof-omission-native-title-letdown
6 Jun 12: “The Australian Greens say a key element of
native title reform has been overlooked by the government,
undermining the effectiveness of their reforms.
“Reversing the onus of proof is the key amendment that is
needed to make ensure the native title system is more
effective,” Senator Rachel Siewert, Australian Greens
spokesperson on Aboriginal and Torres Strait Islander
Issues said today.
“The extremely high hurdle for Aboriginal people to prove
their ongoing connection to the land means that native
title claimants are dying before seeing their claims
settled.
“It is a requirement that inherently disadvantages those who
have experienced higher levels of dispossession and
disconnection over the course of the last two centuries.
… ” [Senator Siewert said] ”

Rachel Siewert:
Native title amendments necessary to improve outcomes
http://rachel-siewert.greensmps.org.au/content/media-releases/native-title-amendments-necessary-improve-outcomes
5 Jun 12: “Australian Greens Senator Rachel Siewert,
spokesperson on Aboriginal and Torres Strait Islander
issues said today she was ‘waiting with interest’ for the
announcement of the Government’s proposed amendments to the
Native Title Act.
“The Native Title Act is in urgent need of amendment in
order for it to truly deliver on its promise,” Senator
Siewert said today.
“For years there have been calls individuals and
organisations to simplify the system and make some measured
changes to the legislation to improve outcomes for native
title holders.
“Any Government amendments must include reversing the onus
of proof placed on establishing connections to the land. The
current burden of proof disadvantages those people who have
experienced higher levels of displacement over the past two
centuries. The amendments should also improve the ‘good
faith’ negotiations provisions in the Act. … ”
[Senator Siewert said] ”

* THE WIRE: NATIVE TITLE REFORM FAILS TO MAKE KEY CHANGE TO LAW

– Audio

The Wire: Native Title reform fails to make key change to law
Produced by Marty McCarthy
http://www.thewire.org.au/storyDetail.aspx?ID=9213
6 Jun 12: “The Government announced changes to Australia’s
Native Title legislation in Townsville today, but some
Indigenous groups still aren’t happy. Traditional owners
will still have to prove they have maintained an unbroken
connection to the land before being granted Native Title,
but this can be very difficult to do.
Featured in story:
* Brian Wyatt, CEO of the National Native Title Council
* Vincent Coultard, Adnyamathanha Community Leader
* Stephen Kenny, Native Title lawyer”

* MABO AND NATIVE TITLE NEWS:

– Audio

Central Australian Aboriginal Media Association:
CAAMA Radio Online News 7.06.12
http://caama.com.au/caama-radio-online-news-7-06-12
7 Jun 12: “* The Federal Attorney General Nicola Roxon has
announced significant changes to Native Title Law at the
annual Native Title Conference in Townsville.
* The peak representative for Aboriginal people in
Australia says it will continue to push for more
substantial native title reform.”

– News

Townsville Bulletin:
Sovereignty protest at Native Title Conference
http://www.townsvillebulletin.com.au/article/2012/06/06/336121_news.html
8 Jun 12: “PROTESTS broke out at the Annual National Native
Title conference yesterday, with a small band of activists
claiming legislation doesn’t do enough to recognise
Aboriginal sovereignty. Hundreds of indigenous
representatives and lawyers from across Australia attended
the first day of the conference, held at the Townsville
Entertainment and Convention Centre, to learn about policy
and legal issues for native title applications. …
Townsville-based indigenous leader Dr Gracelyn Smallwood
led the protest in an attempt to highlight flaws with
native title legislation.”

National Indigenous Radio Service:
Proving connection “extremely difficult”: Native Title expert
http://www.nirs.org.au/news/latest-news/7295-proving-connection-qextremely-difficultq-native-title-expert
8 Jun 12: “An expert in Native Title says it’s extremely
difficult for Indigenous people to prove they have an
unbroken connection to land claimed under Native Title. The
Federal Government this week announced intended changes to
the Native Title Act, but it won’t move to remove the onus
on Indigenous people to prove connection to land. Griffith
University’s Professor Ciaran O’Faircheallaigh says a lack
of written records at the time of white settlement can make
it impossible to establish connection.”

National Indigenous Radio Service:
Onus of proof change not ‘radical’, says a Native Title head
http://www.nirs.org.au/news/latest-news/7291-onus-of-proof-change-not-radical-says-a-native-title-head
8 Jun 12: “The head of Queensland South Native Title
Services has slammed Attorney-General Nicola Roxon for
describing desired changes to the Native Title Act as
“radical”. Ms. Roxon on Wednesday used the term when
referring to changes proposed by a number of Indigenous
rights advocates to reverse the onus on traditional owners
of proving connection to land. Instead, the Federal
Government announced other changes such as creating
criteria for ‘good faith’ in negotiations.”

newsTracker:
Chicken Little George says native title is all sweet
http://tracker.org.au/2012/06/chicken-little-brandis-and-a-gutless-gillard-duck-native-title-reform/
8 Jun 12: “NATIONAL: When it comes to native title, a
Liberal politician is like a kid in a candy store. He just
can’t help himself. First there was then opposition leader
John Howard, who, in 1995, stood in front of a map of
Australia and predicted that more than 70% of the landmass
was under threat. Then deputy prime minister Tim Fisher; in
1998 he promised “bucketloads of extinguishment” of
Aboriginal native title rights through amendments to the
Native Title Act. … ”
By Chris Graham, managing editor of Tracker magazine

Townsville Bulletin: Native title amendments not sufficient
http://www.townsvillebulletin.com.au/article/2012/06/07/336431_news.html
7 Jun 12: “INDIGENOUS leaders say proposed changes to the
native title system are not sufficient, claiming it will
still take traditional owners at least 40 years to see
their claims settled. Federal Attorney-General Nicola Roxon
announced the intended changes at the Native Title
Conference in Townsville yesterday morning. The conference
has marked the 20th anniversary of the Mabo decision. Under
the changes, indigenous land use agreements will become
more flexible and less technical, and lands covered by
native title will no longer be subject to income tax and
capital gains tax.”

National Indigenous Radio Service:
Gooda: We’re on the sidelines of Native Title determinations
http://www.nirs.org.au/news/latest-news/7289-gooda-indigenous-people-on-sidelines-of-native-title-determinations
7 Jun 12: “The Indigenous Social Justice Commissioner says
the Federal Government has missed an opportunity to speed
up the Native Title process. Attorney-General Nicola Roxon
on Wednesday announced proposed changes to the Native Title
Act, but it stopped short of reversing the onus on
Indigenous people to prove their connection to the land.
Mick Gooda says proving connection is a slow process and
he’s been told by Native Title bodies that it costs up to a
million dollars to do so with each Native Title claim.”

newsTracker:
Gillard weighs into Libs’ fear-mongering on native title
http://tracker.org.au/2012/06/gillard-weighs-into-libs-fear-mongering-on-native-title/
7 Jun 12: “NATIONAL: Prime Minister Julia Gillard has
accused the Opposition of trying to “whip up fear” over
plans for “modest” reform to native title laws. Under the
changes announced on Wednesday, native title grants will no
longer be subject to income and capital gains taxes. Terms
of “good-faith negotiation” currently required will be
written into the Native Title Act, while negotiating parties
will be able to ignore historical extinguishment of rights.”

newsTracker: Libs scaremongering on native title: Roxon
http://tracker.org.au/2012/06/libs-scaremongering-on-native-title-roxon/
7 Jun 12: “NATIONAL: Attorney-General Nicola Roxon says
claims from the Opposition that native title reform will
affect property prices are just “scaremongering”. Under the
changes announced by Ms Roxon on Wednesday, native title
grants will no longer be subject to income and capital
gains taxes. Terms of “good-faith negotiation” currently
required will be written into the Native Title Act, while
negotiating parties will be able to ignore historical
extinguishment of rights.”

Koori Mail: PM defends native title reforms
[scroll down page] http://www.koorimail.com/index.php
7 Jun 12: “PRIME Minister Julia Gillard has accused the
Opposition of scaremongering over proposed reforms of the
native title system. Opposition attorney-general George
Brandis has raised concerns about the changes affecting
property prices. But Ms Gillard said this was
scaremongering similar to that which occurred during the
Keating Labor government reforms and described the changes
as modest.”

Australian: Libs say native title reform will spark confusion
http://www.theaustralian.com.au/national-affairs/indigenous/libs-say-native-title-reform-will-spark-confusion/story-fn9hm1pm-1226386772088
7 Jun 12: “THE opposition has signalled it may not support
the Gillard government’s landmark reforms to native title
laws, arguing they will spark “complete confusion” and
drive down the value of farmland.”

newsTracker:
Roxon ignores calls to reverse onus of proof on native title
http://tracker.org.au/2012/06/roxon-ignores-calls-to-reverse-onus-of-proof-on-native-title/
6 Jun 12: “NATIONAL: Federal Attorney-General Nicola Roxon
believes parliament is unlikely to support reversing the
onus of proof in native title claims. That’s why the
government is pursuing incremental changes to existing
laws. Ms Roxon will flag changes to the Native Title Act
that aim to make indigenous land use agreements more
flexible and less technical when she addresses the National
Native Title Conference in Townsville on Wednesday.”

newsTracker: Native title body pans law ‘tinkering’
http://tracker.org.au/2012/06/native-title-body-pans-law-tinkering/
6 Jun 12: “NATIONAL: Aboriginal groups have described
flagged changes to native title laws as tinkering at the
edges, warning their elders will continue to die before
some claims are settled. Federal Attorney-General Nicola
Roxon unveiled the changes at a conference in Townsville
today. Under the changes, Indigenous Land Use Agreements
(ILUAs) will become more flexible and less technical, and
lands covered by native title will no longer be subject to
income tax and capital gains tax.”

Koori Mail: Changes not enough: NNTC
[scroll down page] http://www.koorimail.com/index.php
6 Jun 12: “NATIONAL Native Title Council chief executive
Brian Wyatt has accused the Federal Government of
‘tinkering around the edges’ of Native Title laws. Mr Wyatt
said the current system placed an unjust burden on native
title applicants, and he called again for the ‘onus of
proof’ requirement to be reversed.”

Koori Mail: Native Title changes outlined
[scroll down page] http://www.koorimail.com/index.php
6 Jun 12: “FEDERAL Attorney General Nicola Roxon has
outlined changes to native title laws but has refused to
reverse the onus of proof in native title claims. Under the
changes, lands covered by native title will no longer be
subject to income tax and capital gains tax, Indigenous
land use agreements would be simplified, and the Government
would legislate the terms of ‘good faith negotiations’ now
required under the Act.”

SMH: Gradual changes to native title law
http://www.smh.com.au/opinion/political-news/gradual-changes-to-native-title-law-20120606-1zuqk.html
6 Jun 12: “NEW laws to make it easier, cheaper and swifter
for Aboriginal groups to make and benefit from native title
agreements with farmers and miners will soon be introduced
to Parliament, Nicola Roxon promised today. Rejecting calls
for more radical change, the Attorney-General argued that
“incremental” change is more likely to deliver lasting
benefits to indigenous Australia and the wider community.
Speaking at a native title conference in Townsville,
Ms Roxon announced reforms in four areas.”

* ECNT / ALEC / BNI:
NUCLEAR WASTE DUMP PLAN SHOULD BE TAKEN OFF THE TABLE
BEFORE IT GOES OFF THE RAILS

– Media Release

Nuclear waste dump plan should be taken off the table
before it goes off the rails.
By ALEC / BNI / ECNT
Nuclear Territory News: http://ntne.ws/articles/article.php?id=4723
8 Jun 12: “National and Northern Territory environment
groups have called for an end to controversial plans to
transport radioactive waste through the NT following
another freight train derailment yesterday north of Tennant
Creek. The Environment Centre NT, Arid Lands Environment
Centre and Beyond Nuclear Initiative have said the latest
accident highlights the risks and the lack of emergency
response capacity associated with radioactive transport. …
“The Territory is staring down the barrel of some major
toxic transport projects including the proposed radioactive
waste dump at Muckaty and the transport of copper
concentrate and yellowcake from BHP Billiton’s Olympic Dam
mine in South Australia, along with possible uranium
shipments from future mine sites in WA”, said the NT
Environment Centre’s Cat Beaton. …
“The transport of radioactive material is a weak link in the
government’s dump plan and is emerging as a real and serious
threat to the Territory’s environment and people,” said
Natalie Wasley from the Beyond Nuclear Initiative. “It is
time for the federal government to listen to Traditional
Owners and the NT community and stop pushing ahead with the
Muckaty dump plan”.”

– Related News

ABC Alice Springs: Train derailment fuels Muckaty fears
http://www.abc.net.au/local/stories/2012/06/08/3521295.htm
8 Jun 12: “A Muckaty traditional owner says yesterday’s
train derailment illustrates why the proposed nuclear waste
dump should not go ahead. A freight train derailment, north
of Tennant Creek is stirring up sentiment amongst
Aboriginal people against a proposed nuclear waste dump at
Muckaty Station. Muckaty traditional owner, Penelope
Phillips from the Wirntiku group says the freight train
derailment, north of Tennant Creek, raises concerns about
the safety of transporting radioactive material. …
[Photo] Protestors march up the main street in Tennant
Creek”

See:

Environment Centre NT
http://www.ecnt.org/
“The Environment Centre NT is the peak community sector
environment organisation in the Northern Territory,
Australia. The Environment Centre NT has been working to
protect the environment since 1983.”

Arid Lands Environment Centre (ALEC)
http://alec.org.au/
“The Arid Lands Environment Centre (ALEC) is a
community-based environment organisation located in Alice
Springs, Northern Territory. For more than 30 years, ALEC
has advocated for the arid lands, plants, animals and
people of Central Australia.”

Beyond Nuclear Initiative (BNI)
http://beyondnuclearinitiative.com/
“The Beyond Nuclear Initiative (BNI) aims to highlight the
adverse impact of the uranium and wider nuclear industry
in Australia and promote a nuclear-free future.”

* RESPECT AND LISTEN: MUCKATY NUCLEAR WASTE DUMP UPDATE

– News

Respect and Listen: Muckaty nuclear waste dump update
http://www.respectandlisten.org/muckaty.html
June 2012: “There is a lot of energy and momentum in the
campaign at the moment thanks to all of the support
activities people have been undertaking around the country.
1- Australian Council of Trade Unions votes to support
Muckaty campaign …
2- Rally in Tennant Creek/Alice Springs and Darwin public
meeting …
3- Update on Government process …
4- Federal Court … ”
Source: Nat Wasley
“ACTU Congress 2012
– Self Determination, Consultation and Land Use”

* BACKGROUND TO THE PROPOSED MUCKATY NUCLEAR WASTE DUMP:

Last updated: 5 June 2012

http://indymedia.org.au/2012/04/22/background-to-the-proposed-muckaty-nuclear-waste-dump-in-nt-australia

* BACKGROUND TO EXPANSION OF OLYMPIC DAM MINE CHALLENGE:

Last updated: 5 June 2012

http://indymedia.org.au/2012/05/13/background-to-expansion-of-olympic-dam-mine-challenge-south-australia

* OTHER ARTICLES:

– News

newsTracker: Kimberley campaign the new Franklin fight
http://tracker.org.au/2012/06/kimberley-campaign-the-new-franklin-fight/
8 Jun 12: “NATIONAL: Former Greens leader and outgoing
senator Bob Brown has compared the fight over a proposed
$30 billion Kimberley gas hub with his successful Franklin
River dam campaign. Talking to AAP from the far-north West
Australian town of Broome on Thursday, Senator Brown said
environmental protests over the James Price Point site –
where Woodside Petroleum wants to build a major liquid
natural gas (LNG) processing plant – were “rapidly becoming
a national campaign”.”

National Indigenous Times: Gas hub battle gets ugly
http://www.nit.com.au/news/1213-gas-hub-battle-gets-ugly.html
7 Jun 12: “Woodside’s plan to drill on sacred sites draws
angry response. By National Indigenous Times West
Australian reporter Gerry Georgatos. Walmandan Tent Embassy
has held strong for near a year at James Price Point
however after it was recently uncovered that Woodside
Petroleum had applied for clearances to drill on Aboriginal
sacred sites it has become clear tensions between
Traditional Owners and the… ”

National Indigenous Times: Swan Valley residents evicted
http://www.nit.com.au/news/1212-swan-valley-residents-evicted.html
7 Jun 12: “”Welcome to a sample of Sorry Day recognition
West Australian style” By National Indigenous Times West
Australian reporter Gerry Georgatos. Sorry Day 2012 didn’t
mean anything as far as the West Australian Government and
police were concerned. In what could only be described as
crassness and a lack of respect police swooped on the Swan
Valley Nyungah peoples at Lockridge on Sorry Day to evict
them from… ”

National Indigenous Times:
No charges on Australia Day Embassy protest
http://www.nit.com.au/news/1210-no-charges-on-australia-day-embassy-protest.html
7 Jun 12: “No charges will be laid over a disturbance on
Australia Day involving Prime Minister Julia Gillard. Ms
Gillard and Opposition Leader Tony Abbott were rushed from
a Canberra restaurant by police when angry protesters, many
of whom had been attending 40th anniversary celebrations at
the nearby Aboriginal Tent Embassy, surrounded the
building. ACT Policing said it had finalised its
investigation… ”

National Indigenous Times: A New Generation of Freedom Riders
http://www.nit.com.au/opinion/1185-a-new-generation-of-freedom-riders.html
7 Jun 12: “Story and image supplied by Johanna Kerin.
Charles Perkins’ historic Freedom Ride of 1965 has been
recreated by a group of youths from New South Wales Central
Coast. Their journey was captured in a 60 minute film,
which held its world premiere on Wednesday night, to an
audience of Freedom Ride participants, community members,
family and… ”

Roxby Downs Sun: Protestors working with elders
http://www.roxbydownssun.com.au/news/local/news/general/protestors-working-with-elders/2583271.aspx
7 Jun 12: “The organisers of the “Lizard’s Revenge” event
scheduled for next month on Arabana country have said they
have been working with Aboriginal elders throughout their
preparations. One of the organisers Izzy Brown said the
organisers have consulted with aboriginal groups on several
levels. “We have been in contact with both Kokatha and
Arabunna elders, the Coober Pedy Kunga Juta, and Uncle
Kevin Buzzacott,” she said.”

Moree Champion: To stop paying rent would be silly: Munro
http://www.moreechampion.com.au/news/local/news/general/to-stop-paying-rent-would-be-silly-munro/2583114.aspx
7 Jun 12: “GOMEROI tribal people in the Moree area have
been advised by their clans to stop paying rent for houses
in the “top camp” and “old mission” areas as part of an
assertion of sovereignty. Aboriginal spokesperson Michael
Anderson said the Moree Gomeroi people were unhappy with
the NSW Aboriginal Land Council (NSW ALC) for transferring
administration of all NSW Aboriginal Land Council houses to
foreign rental agencies. … However he [Moree Aboriginal
Land Council chair Lloyd Munro Snr] said it would be
“really silly” to stop paying rent for housing.”

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