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Howden, Kristin; Kemm, Katie; Lewis, Mel --- "Recent Happenings" [2000] IndigLawB 61; (2000) 5(2) Indigenous Law Bulletin 20


Recent Happenings

Compiled by Katie Kemm, Kristin Howden, Mel Lewis.

3 - 9 July

The theme of this year’s NAIDOC Week was Building Pride in our Communities.

11 July

At the first sitting of the Senate inquiry into the adequacy of the Government's response to the 1997 Bringing Them Home report, Indigenous groups called for the establishment of a national compensation scheme, in the form of a reparations tribunal, for members of the Stolen Generation and their families. Concerns were also expressed about the distribution and spending of the limited funding allocated by the Government in response to the Report.

13 July

The Australian Institute of Criminology released a report showing that Indigenous Australians account for almost one quarter of deaths in custody. The report showed the rate of Indigenous deaths had increased from 12 to 18 per cent of all prison deaths since the 1991 Royal Commission into Aboriginal Deaths in Custody despite a drop in overall numbers of deaths in jail or police custody.

13 July

A legal team involving English QC Cherie Booth and Australian barrister Margaret McCabe has lodged a formal complaint on behalf of Indigenous groups to the UN Human Rights Committee in Geneva, accusing the Australian Government of breaching human rights conventions by not overruling mandatory sentencing laws in the Northern Territory. They argue that mandatory sentencing removes judicial discretion and breaches the right to a fair trial; and indirectly discriminates against Indigenous Australians.

17 July

The Yamatji Land and Sea Council became the first Aboriginal organisation to become a member of the Western Australian Chamber of Minerals and Energy.

25 July

The first native title claim lodged in NSW under the Native Title Act 1993 (Cth) was finally resolved through use of section 39 of the Aboriginal Land Rights Act 1983 (NSW). After six years of negotiation the Minister for Aboriginal Affairs acquired 253 hectares at Wellington and passed title to the Wiradjuri Corporation.

28 July

ATSIC chairman, Geoff Clark, put a proposal to the UN's Working Group on Indigenous Populations that Indigenous Australians be reserved a number of seats in parliament.

28 July

The UN Human Rights Committee released their report assessing the Australian Government’s compliance with the provisions of the International Covenant on Civil and Political Rights. Amongst its recommendations, the Committee urged the Government to secure a stronger role for Indigenous people in decision-making over traditional lands and resources; to restore and protect Indigenous rights to land; to amend the Native Title Act; to intensify efforts on behalf of members and families of the Stolen Generation; and to take action on mandatory sentencing laws.

31 July

The Court of Appeal of the Northern Territory in Darwin heard the appeal of Mirrar senior traditional owner and chairperson of Gundjehmi Aboriginal Corporation, Yvonne Margaula, against her conviction in 1998 for trespassing while protecting her country from proposed construction of a uranium mine.

4 August

The High Court granted special leave to hear native title appeals in Yarmirr & Ors v Cth & Ors, Western Australia & Ors v Ben Ward & Ors and Ningarmara & Ors v Northern Terriotry & Ors. The Court refused special leave to appeal from the Federal Court in the genocide case, Nulyarimma & Ors v Thompson (see Melinda Walker and Nehal Bhuta, ‘Upholding the Law v Maintaining Legality [1999] IndigLawB 81; (1999) 4(24) Indigenous Law Bulletin 15)

9 August

Magistrates courts in simultaneous reconciliation ceremonies across Queensland said sorry for past injustices to indigenous people, despite criticism of the move by the state’s Chief Justice.

11 August

In the Federal Court in Darwin, Justice Maurice O’Loughlin dismissed the claims of two members of the Stolen Generation, Peter Gunner and Lorna Cubillo, for damages arising from the removal from their families as children (see case note in this issue).

23 August

Aboriginal leader Isabelle Coe signed a deal with South Sydney council to enable the Aboriginal Tent Embassy at Sydney’s Victoria Park to remain until the closure of the Olympic games.

24 August

Former Prime Minister Malcom Fraser argued that the policy of removing part-Aboriginal children from their families was in contravention of the Universal Declaration of Human Rights signed by Australia in 1948 and called for a political settlement for Stolen Generation claims. Further, he supported Aboriginal leaders’ calls for self-government, voiced support for a Bill of Rights and criticized the Government for failing to overturn mandatory sentencing laws.

29 August

By agreement between Aborigines, pastoralists, miners and the Western Australian Government, the Federal Court made formal orders granting the Nharnuwangga, Wajarri and Ngarlawangga peoples non-exclusive native title rights of 53,000sq km of land in the upper Murchison and Gascyne regions in the north of Western Australia and access to compensation should future mining be undertaken.

30 August

The Queensland Government reached a deal with the Federal Opposition enabling changes, through the Senate, to the Native Title regime in Queensland removing the right of native title claimants to negotiate over a wide class of mineral exploration and allowing for freer mining exploration. The right to negotiate over mining and high impact exploration was retained.


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