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Lin, John; Cheung, Trevor; Yang, David; Handell, Kaz --- "Recent Happenings" [2005] IndigLawB 23; (2005) 6(10) Indigenous Law Bulletin 23


Recent Happenings March 2005

compiled by John Lin, Trevor Cheung, David Yang and Kaz Handell

1 March

The death of Mulrunji Doomadgee in custody on Palm Island in North Queensland and the subsequent uprising has now reached the United Nations (‘UN’). The relevant issues of the incident will form part of a submission to the UN Committee on the Elimination of Racial Discrimination. Les Malezer, spokesperson for the Foundation for Aboriginal and Islander Research Action (‘FAIRA’), expects the Committee to find Australia in breach of its international obligations. Meanwhile Prime Minister John Howard is considering calls for a royal commission to investigate the death.

3 March

Descendants of both victims and perpetrators of the 1838 Myall Creek massacre led the reconciliation process in the NSW Parliament yesterday at the launch of ‘Sydney Friends of Myall Creek’. The meeting between relatives of the victims and those who committed the atrocity was seen as a positive move toward resolving the distress caused by such tragic events of the past.

4 March

The remains of 14 Indigenous people, stolen more than 100 years ago for scientific research, have finally been laid to rest in accordance with formal burial rites. The remains were repatriated to a site in Sydney Harbour National Park after years of being displayed at the Australian Museum and National Museum of Australia. The remains are believed to be a small part of what could number in the thousands exhumed and otherwise taken for study and display.

5 March

Amanda Vanstone, the Minister for Indigenous Affairs, has condemned the giveaway of Aboriginal and Torres Strait Islander Commission (‘ATSIC’) assets as unlawful. Meanwhile, chairman Geoff Clark reasons the board’s decision as an initiative to transfer art, artefacts and real estate estimated to be worth at least $40 million back to the local community. ATSIC itself is due to be removed within a fortnight through a bill of Parliament.

5 March

Aboriginal activists and civil liberties groups have renewed calls for legislation to protect Aboriginal witnesses in the court room following developments in the recent Palm Island death in custody coronial inquiry. It was reported that many of the Aboriginal witnesses to the inquiry appeared unable to understand the questions of the barristers. Activist Murrandoo Yanner suggests new laws should ensure Aboriginal witnesses are questioned in a culturally and linguistically appropriate manner as was recommended by the 1991 Royal Commission into Aboriginal Deaths in Custody.

8 March

A Senate committee handed down its report into the future administration of Indigenous affairs in the wake of the Government’s decision to abolish ATSIC. The report recommended setting up a replacement nationally-elected representative body as a primary source of Indigenous advice. It also recommended deferring the abolition of ATSIC regional councils and setting up a permanent Senate committee to look into the Government’s policy to mainstream ATSIC functions.

9 March

A community rally calling for the reopening of the inquest into the death of Thomas ‘TJ’ Hickey was held in Walgett today – TJ’s hometown – marking what would have been his 19th birthday. TJ died in Redfern last year after allegedly trying to evade police on his bicycle – his death later sparked a ‘riot’ between residents and police. A coronial inquiry cleared the police of chasing TJ, however it has been claimed that some important evidence was not presented to the coroner.

10 March

ABC TV’s 7:30 Report has reported on the alarming incidence of asbestos-related diseases suffered by the Bunjalung people in the northern NSW community of Baryulgil. The area was home to a James Hardie asbestos mine until 1979 and the ill-effects on the residents continue 40 years on. The NSW Dust Diseases Board has commenced a mass screening of residents, with six ex-miners diagnosed so far and many more expected.

22 March

Directed by the Aboriginal Legal Rights Movement (‘ALRM’), a test case by an Adelaide victim of the stolen generations is anticipated to reignite hopes for compensation. Unlike the high profile, yet unsuccessful 2001 case of Lorna Cubillo and Kwementyay Gunner, this most recent claim is being made against the State Government and not the Commonwealth.

28 March

The Queensland Government is being urged by Indigenous leaders to increase their engagement with tackling alcohol abuse in Indigenous communities. Currently the Government is conducting a review of alcohol restrictions already in place in 11 Queensland communities. These restrictions, according to Steve Hirvonen from the ATSIC regional council in the Gulf of Carpentaria, appear to be encouraging binge drinking, rather than demonstrating a positive solution. Hirvonen has called for the Government to consider more detoxification centres and treatment centres, saying that restrictions alone will not work.

28 March

ATSIC chairman for Cairns, Mr Terry O’Shane, confirmed the Commonwealth had taken over assets of the former Commission including four working farms and the Warrama Cultural Centre at Trinity Park. O’Shane fears for the negative impact that such annexation of resources will have on economic autonomy for the region. Meanwhile, a new form of Indigenous community-based representation has been proposed for government engagement with communities after the Commission’s eventual demise on 30 June 2005.

31 March

As part of a national inquiry into the provision of legal aid services for Indigenous people, a federal parliament committee will today visit the central Australian community of Yuendumu. So far, the committee has accumulated evidence on legal and social circumstances from hundreds of people across Australia. The committee has a special focus on legal assistance available to Aboriginal women.


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