A comparason between Native Title & Land Rights

at last!!!
 
a good comparison of what is land rights and what is the more insultingly and falsely called native title.
 
as gary foley and others have said for many years, ‘native title is not land rights’. it does not even come close to real land rights for the traditional owners of our ancient lands.
 
the major difficulties of comparing the two systems was that mainly it became very very difficult to explain the differences to those who had a limited legal knowledge and/or a more limited understanding of land for the traditional owners. there was a new-age primitivism that clouded many enquiring minds but that eventually brought many conversations to an inconclusive  close. 
 
the gove case 1972 and heard by j. blackburn found that land rights did not exist when it came to mining claims. then pm billy mcmahon strongly put to parliament that land rights would never exist, hence our tent embassy was formed. whitlam, not satisfied with that outcome then set up the woodward royal commission to look at land rights in the nt. his findings were given to whitlam but the cia-arranged dismissal of whitlam then  allowed fraser, much to his credit, to bring the nt act in. john howard spoke quite strongly against the act being brought in but fraser, quite correctly, ignored his racist and rancid statements  and proceeded. howard never forgave him and i believe howard’s later venal and personal actions led him to grab back the lands of the nt. among other reasons too, of course.
 
mabo 1992 found for the meriam torres strait islanders and this had a flow-on effect to the mainland land claims. then came the wik people win  in 1996 that found that traditional land owners did not lose their lands to pastoralists and others. howard and his minions were now in power and they went ballistic with the high court decision. the coalition government decided then that the high court could no longer be trusted to continue to back the invaders as they had done so for nearly a hundred years. howard and tim fischer then came up with the infamous and racist 10 point plan to allow for, as they put it, ‘buckets of extinguishment’ against tha aboriginal traditional owners.
 
with some little change the bill made its way to the senate whereby, because of the then numbers, the final decision was to be made by senator brian harridine and he called on father frank brennan to assist him. two non-aboriginal men, steeped in white christianity, were charged with either rejecting the bill in toto or in attempting to amend the bill by cutting the bill off at its knees. we were calling for complete rejection but our voices would not be heard.
 
harridine and brennan decided to not consult with those aborigines, including noel pearson who referred to the coalition government as ‘racist scum’, because they did not want a ‘racist election.’ the 10 point plan became the 6 point plan to stop racist elections! these two men have cost aborigines dearly since those days and they continue still to do so. what they did not seem to understand is that for my people, every bloody election is a racist event. especially in the rural areas where land claims are before the tribunal.
 
governments around the country listened and learned well on how to win on every land claim that came before them, and that was to keep the cases out of the courts and set up negotiating bodies that they could quite easily control. real land rights has been reduced to indigenous land use agreements that now only allow for negotiated agreements that only allows for cultural access but with no ownership of the land or its resources.
 
we badly need to return to the land rights as a proper human rights procedure. the krudd and gillard governments are more than prepared to continue to steal our birthrights from us. the yorta yorta land claim was naught but a travesty of justice, as so many others have also been. the court found against their cultural continuance on their lands, a complete travesty of natural justice, and then the victorian government of the time recognised enough of their cultural continuance to do a negotiated theft of their lands.
 
strane thing, white justice. we are never ever allowed to win.
 
we want rights, not some smoke-and-mirrors theft of what is ours and has been gor more than 60 000 years.
 
always was, always will be – aboriginal land.
 

To see comparison document: http://65.55.40.151/att/GetAttachment.aspx?file=028e68d7-f4b4-48f0-9687-12f591f6b75d.pdf&ct=YXBwbGljYXRpb24vcGRm&name=Y29tcGFyaXNvbi5wZGY_3d&inline=0&rfc=0&empty=False&imgsrc=&hm__login=kaiyumoura&hm__domain=hotmail.com&ip=10.12.156.8&d=d6255&mf=0&hm__ts=Tue%2c%2014%20Jun%202011%2005%3a40%3a34%20GMT&st=kaiyumoura&hm__ha=01_f42da2bc57ea7c52649be71a9dd2ce4ff026c971140fab207ddd7e63e6ec130d&oneredir=1

http://www.clc.org.au

fkj  
 
ray jackson
president
indigenous social justice association

“Aborigines from across the country will fight nuclear dumping”

This is serious business, THIS IS OUR BUSINESS!!!

LETS SHOW OUR SUPPORT

______________________________________
Yours in UNITY
Sharralyn Robinson

Illawarra Local Aboriginal Land Council

CEO

Ph: 42 26 3338

Fax: 42 26 3360

M: 0410 125463

I acknowledge the traditional owners and custodians of the land I work on as the first people of this country.

Subject: “Aborigines from across the country will fight nuclear dumping”

“Aborigines from across the country will fight nuclear dumping”

Media Release

Goodooga, northwest NSW, 24 February 10 – Aboriginal people will be called from all over Australia to protest in the Northern Territory against any movement of nuclear waste across their traditional lands, an Aboriginal activist says.

Michael Anderson, chairman of an Aboriginal Summit Task Force recently elected in Canberra (pictured at right), says in a media release: “Nothing will move down the former American Vice-President Dick Cheney’s Halliburton railway line from Darwin to Alice Springs.”

Mr. Anderson was responding on behalf of a majority of traditional land owners to an announcement by Resources and Energy Minister, Martin Ferguson, that the Federal Government will pursue the first Australian radioactive waste repository at Muckaty Station, about 120 kilometres north of Tennant Creek.

Mr. Anderson condemned the Bureau of Northern Land Council for “ignoring the majority of the traditional land owners who do not want their country, Muckaty Station, used for nuclear waste dumping”.

He said the general Australian public fails to understand how much influence the federal government has over organisations such as the Northern Land Council, whose CEO is appointed by government. 

“Aboriginal people are under siege from the tyranny of a Labor government who have no consideration whatsoever for our rights,” Mr. Anderson charges.

“What we have here is a repeat of the Ranger uranium mine agreement fiasco. The arrangements that are being made are illegal and the government and the Northern Land Council know full well that the traditional owners have little to no chance of fighting against this dictatorship.

“But don’t underestimate our resolve as a resistance group. It is time the Australian government woke up and understands that they are pushing us into a corner and we will come out fighting with all that we have.

“Our communications thus far with the traditional owners suggest that a fight is looming, and maybe then the Australian public will get the picture.”

Mr Anderson, the last survivor of the four Black Power activists who set up the Aboriginal Embassy in Canberra in 1972, says he is pleased that the unions are offering support.

“The New Way Summit Task Force has been asked for their support to bring this matter to the attention of the public. The Task Force puts the Australian government on notice that like Noonkanber in Western Australia in 1979, we will call upon Aboriginal people to come from every part of this country and protest any movement of nuclear waste across our people’s traditional lands.”

“If the Europeans, Americans and China along with the rest of the world want to use nuclear power, then dump your rubbish on your own soil. You take it from us against our will and you now want to return it against our wishes.”

Muckaty Station is the country of the mother of Barbara Shaw (pictured left), Alice Springs camps activist and a member of the Summit Task Force. Ms Shaw commented on uranium mining in the Northern Territory at the Canberra summit from 30 January to 1 February.

She said only some people agreed to the dump “because they saw the dollar sign”. Although Elders had long warned that the radiation is dangerous, a lot more awareness needed to be created in the area. Listen to the extract at http://www.4shared.com/file/228500371/e1144837/Barbara_Shaw_MINING.html.

The Taskforce can be contacted through Michael Anderson at 02 68296355 landline, 04272 92 492 mobile, 02 68296375 fax, ngurampaa@…

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Mr Anderson’s release in full:

As Chairman of the recently elected Aboriginal Summit Task Force, I condemn the Bureau of Northern Land Council for ignoring the majority of the traditional land owners who do not want their country, Muckaty Station, used for nuclear waste dumping.

What the general Australian public fails to understand is how much influence the Federal Government has over organizations such as the Northern Land Council. In the first instance the CEO of the Northern Land Council is a Government-appointed person as per the Federal Northern Territory Land Rights Act. This does not fare very well for its perceived independence. Aboriginal people are under siege from the tyranny of a Labor Government who have no consideration whatsoever for our rights.

What we have here is a repeat of the Ranger uranium mine agreement fiasco. The arrangements that are being made are illegal and the Government and the Northern Land Council know full well that the traditional owners have little to no chance of fighting against this dictatorship. But don’t underestimate our resolve as a resistance group.

The public must now realize what this Labor Government are doing to Aboriginal people, blackmailing them to sign over their lands for infra-structure development and housing, but the real issues are now coming to a head and this is just one example of what is coming.

We do have rights and freedoms and it is time the Australian Government woke up and understands that they are pushing us into a corner and we will come out fighting with all that we have.

It is pleasing to see that the unions are offering support and our communications thus far with the traditional owners suggest that a fight is looming and maybe then the Australian public will get the picture.

The New Way Summit Task Force has been asked for their support to bring this matter to the attention of the public. The task force puts the Australian Government on notice that like Noonkanber in Western Australia in 1979, we will call upon Aboriginal people to come from every part of this country and protest any movement of nuclear waste across our people’s traditional lands. Nothing will move down the former American Vice-President Dick Cheney’s Halliburton railway line from Darwin to Alice Springs.

“If the Europeans, Americans and China along with the rest of the world want to use nuclear power, then dump your rubbish on your own soil. You take it from us against our will and you now want to return it against our wishes. No, the energy-hungry consumers need to look to a better way of doing business, and in this case bury your own nuclear waste in your own back yards; if you believe what you are told by your leaders that it is safe then you have no fears.

Thu Feb 25, 2010 4:05 am