Showing posts with label Dispossession. Show all posts
Showing posts with label Dispossession. Show all posts

Tuesday, 14 April 2015

MAKE YOUR VOICES HEARD ON THE CRISIS FACING ABORIGINAL COMMUNITIES. ACT TO STOP THE FORCED CLOSURES


The text below is from www.concernedaustralians.com.au.

Will You Help to Prevent a Crisis? 

The Commonwealth’s commitment to Homelands and Outstations was surely sealed by the 1967 Referendum. How can it be then that the federal government can consider abandoning their long-held responsibilities by cutting essential funding to these especially vulnerable areas? 

What is clear is that the Commonwealth knows full well that the consequences of the cuts will fall with brute force onto Aboriginal communities least able to defend themselves. Such behaviour is contemptible. 

It is quite clear that state governments do not have the resources 
to simply replace Federal funding.

Mr. Barnett in Western Australia has responded by indicating that he will close up to 150 remote Aboriginal communities by simply cutting off their essential services – water, power etc. Arrangements with the South Australia government are still to be determined but at this stage the outstations fear their fate will be similar to those in the West. 

The results of such actions are perhaps too great to contemplate, just as there is no real attempt to understand the cultural implications of moving people from their traditional homelands. 

What does closure mean? 

The relationship between Aboriginal peoples and their lands is acknowledged but little understood. The connection to land is the embodiment of Aboriginal cultural identity. It totally embraces a sense of belonging without which there is a life long sense of grieving and loss. 

It is only on your own land that you have rights – once you move these rights are lost and you become simply a squatter on somebody else’s land. Forced removals in the past have proved devastating and costly, not only to the communities themselves but also to the surrounding communities responsible for resettlement. Nearly all outback Aboriginal communities are under-resourced, have inadequate infrastructure and are grappling with social problems. 

To burden these communities further is unthinkable. Such action would place Australia in conflict with international law. "...forced evictions are ... incompatible with the requirements of the International Covenant on Economic, Social, and Cultural Rights and could only be justified in the most exceptional circumstances...." UN Committee on Economic, Social, and Cultural Rights, General Comment No.4, (1991) 

Pope Francis warns Australia of socio-economic disaster when he states, “severing the ties of Aboriginal people from their land and thus their culture, spirituality and very foundation of their being, is unethical, immoral, un-Christian and heartless.” 

We strongly believe that the Federal funding decision should be reversed. 
For this we need your urgent help. 

Can you either send letters or telephone Tony Abbott and Nigel Scullion and tell them that it would be totally unacceptable for funding to Remote Communities to be cut. The Uniting Church, guided by Congress and local synods, opposes the closure of communities and forced removals. Many of the points they have made are included in the list below as a help for those who wish to write letters. Contact details of the Prime Minister and the Minister for Indigenous Affairs are also below.  

Points for Letters –Writers Opposing Remote Community Closures: 
(you may like to focus your letter on one or more of the below points) 

• The unconscionable failure of the Federal Government to maintain its responsibility for the safety and future of Aboriginal Peoples from Outstations/Homelands.
• To close communities will create a wave of dispossession denying people the ability to stay in touch with their land and their culture. 
• There has been no attempt by government to understand what such forced community closures and movement of people means for people’s social, mental, spiritual and physical life. 
• There has been no consultation with Aboriginal people or the organisations which represent them regarding alternative solutions, and 
• The movement of so many people would put enormous pressure on the communities they go to – housing, education, health facilities, and community relationships. Nothing has been done to plan for and deal with such impacts. 

Hon. Tony Abbott: 
Parliament House, 
PO Box 6022, 
Canberra ACT 2600 
Tel: (02) 6277 7700 
Electoral Office: 
PO Box 450, Manly, NSW, 2095 
Telephone: (02) 9977 6411 

Hon. Nigel Scullion: 
Parliament House, 
PO Box 6100, 
Canberra, ACT 2600 
Tel: (02) 6277 7780,  
Electoral Office: 
Unit 1, 229 McMillans Road, 
Jingili, NT 0810 
Telephone: (08) 8948 3555 

Telephone Calls to Oppose Remote Community Closures: 
If you decide to telephone your concern to the offices of Mr Abbott and Mr Scullion please give your name and address while leaving a message stating your strong objections to these funding cuts that will lead to the closure of homelands/outstations. Demand that the decision is reversed. If you have the energy, please do also inform your Local Member of your concerns.  

Friday, 17 February 2012

Vigil and Vale for Terry Briscoe - another death in the wrong place and at the wrong time


This post is written in the spirit of vigil, a spirit of watchfulness and awareness.

Paddy Gibson has asked me to give attention to the death in custody of Terry Briscoe which occurred in Alice Springs.  Paddy is a researcher for Jumbunna Indigenous House of Learning and Co-Editor of “Solidarity” magazine.  Paddy has covered the circumstances of Terry's departure from us here.  There is sadness in the life and the death of Terry.  There is hope expressed in the life of his cousin, Richard Morton

Let us all keep vigil so that these avoidable deaths can disappear from our penal institutions and law enforcement practices.  Let us all keep vigil so that there will always be - for people like Terry - another go at life, love, family and community.  Let us keep vigil so that human life and our own humanity testifies and triumphs.


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Thursday, 2 February 2012

With capital punishment, you're not hung until the appeal process is exhausted. Bankruptcy is different ...

I meant to write this post yesterday.  But I dragged my heels.  I knew what I wanted to say. But still I dragged my heels.  Why? The previous two days had been busy. I'm not as young as once I was so I need a longer recovery period than once I did.  But I don't think that was the whole story.  I think it was a mix of sadness, frustration, and outrage.  Perhaps when I get to the end of this post you might share those feelings with me.

Regular readers of The Network may have taken time to read of the Tess Lawrence battle against injustice. Tess's battle continued on Tuesday in the jurisdiction of the Federal Bankruptcy Court of Australia. Tess was in court to plead for an extension of time to appeal against orders declaring her bankrupt.  It is difficult to write about the numerous proceedings arising out of Tess's plight because the words I write might not be intelligible amidst the complexity of what has been going on.

In short, Tess's bankruptcy has come about because of proceedings brought about by McKean Park Lawyers. The reasons for this take many twists and turns which include a threat to Tess's life which left her incapacitated with Post Traumatic Stress Disorder (PSTD).


Piggy-backing on this was a sequestration order issued in October in favour of the National Bank of Australia (NAB) as the priority creditor.

What left me frustrated and outraged were what I consider to be two systemic flaws in operations of the bankruptcy proceedings which militate against defendants, particularly people like Tess who are self-representing litigants, and favour plaintiffs, legal professionals, and bankruptcy trustees.  These three categories comprise a powerful phalanx against those who can't afford legal representation.

It might be one thing for the bigger or more corporate fish such as Alan Bond to appear as a defendant and perhaps laws and systems have been put in place to deal with such people and/or corporations.  However, I believe - from what I saw on Tuesday - that there is no justice for the minnows trying to find their way in this legal and financial ocean.

Tess has missed out on at least one important hearing - and the really important one was the October one where Justice North handed down his sequestration order.  Tess missed out for two reasons.
  1. For a lot of the past few months or so, Tess has not been functioning well because of the PSTD which is a direct result of adverse treatment by a particular person in the legal profession on court premises at the time of an earlier hearing and the failure of the judiciary and the legal system to take any action in the matter.  In fact, it was only due to accessing effective psycho-therapeutic treatment that Tess was on her feet stating her case and defending herself on Tuesday.  
  2. She did not know the hearing was on.  That's right she received no notice, no documents telling her that her case was being heard on a particular day.  Nor - and this is where the legal system disadvantages people other than those making their living from or attached to the legal profession - is there any need for proof of service (by affidavit or any other means) that the defendant has been advised of the forthcoming legal proceedings.  The only obligation is that, at the very beginning of what can be quite protracted and continuing proceedings, there is a requirement for proof of service at the first hearing. After that, the legal system doesn't require anyone to even bother!
I was amazed at the energy and intelligence and sheer fight with which Tess put her case on Tuesday.  I am not a lawyer but I have worked in and around the law for a substantial part of my working life.  As a union official, I had to prosecute many cases within the Industrial Relations Commission and the Industrial Magistrates Courts.  Didn't lose any of those cases.  So I was quite satisfied with the way in which Tess acquitted herself on Tuesday.  I was more than satisfied since I knew the distress she has been in for some considerable time.  At one stage, I thought there might have been a 60-40 chance of Tess succeeding but as the hours passed this optimism receded.

As the morning's hearing proceeded to a dismal end one fact - which outrages me more than words can express - became clear.  There is an appeal process available following the declaration of bankruptcy and the sequestration order.  Now when capital punishment was still in operation, the powers-that-be couldn't hang a person until the very last possibility of appeal was exhausted.  Not so, it appears, in bankruptcy proceedings.  The Federal Bankruptcy Court appoints a trustee to carry out all the disposition of property and so on.  To put it not so nicely, the trustee picks over the financial bones of the defendant.  However, the trustee does not have to wait until the appeals process is exhausted before doing this.  They take up their tasks immediately if not sooner!

From what was said in court, I understand that the reason that the trustee does not wait for the appeals process to be exhausted is that there are so few appeals.  For all intents and purposes, it appears the general intent is to allow the trustee to go and get on with whatever is necessary to do.  And there are consequences from this attitude, this system of legal convenience.  

Because work has already begun, because costs are thereby incurred by the trustee, and because the trustee has priority in any costs awarded by the court, there is a hesitancy - because then things would get really complicated - by the presiding judge to allow the appeal to succeed.  Because if the appeal was allowed to succeed, how would the already scrambled eggs be unscrambled? If they could be unscrambled, what costs would be incurred - not to mention red faces and inconvenience - in so doing.
  • As the priority creditor, NAB (NAB by name, nab by nature?) has long since repossessed Tess's home at Daylesford.  NAB - or those acting on its behalf - have changed the locks and incurred much destruction to Tess's personal belongings; her tools of trade as a working journalist and media analyst; and made the pursuance of her rights difficult insofar as all her files relating to the bankruptcy were taken.  
  • Tess brought forward in court that she had placed a number of files and documents - some relating to the bankruptcy case and others of no concern to the case whatsoever - in the custody of a lawyer friend whose offices were subsequently visited by personnel acting for the Law Institute of Victoria who proceeded to take her files.  She has not seen or had access to those files and documents from that day to this.
  • Tess made clear to the court that those who were prosecuting her have now taken to persecuting her.
I want to record the appreciation of myself and of Tess to Keith Kaulfuss for his support at court on Tuesday. Keith is a faithful fighter against injustice and, even though he had never met Tess, he was prepared to spend time in court in support.  

The saga continues.  Tess is taking every avenue open to her to pursue her case.  The next episode will be in the Supreme Court of Victoria.
  • If you wish to be kept informed so that you too, dear Networkers, can support Tess, please email me at misseaglesnetwork(at)gmail(com).
  • If you have a similar story, please be in touch at the aforementioned email address. I am particularly interested in cases which demonstrate, as Tess's does, legal/systemic flaws and inequities which might be able to be addressed by lobbying governments and other jurisdictions for change.  Please keep your story brief and clear.

Friday, 13 January 2012

Aboriginal sovereignty was never ceded: Michael Anderson


Aborigines, you are with us or against us - make your choice”

Goodooga, northwest NSW, 
22 December 2011 

- - 

A number of significant, very concerning incidents have occurred since arriving back in Australia from my  trip to London. The Internet site austlii.edu.au that had the Pacific Islanders Protection Act of 1872-75 up has pulled it down after I had revealed that the actual wording of the 1875 Act was altered by person (s) unknown who in effect altered the intent and law that it established here in Australia.

Then to hear through the main stream media that the federal government had given ultimatums to the NAIDOC Committee not to use the 40th anniversary of the Aboriginal Embassy as its theme for 2012, clearly sends signals that they are under pressure and seek to avoid a confrontation on the question of Sovereignty.

It was further revealed that a key Aboriginal organization within the Australian Capital Territory who had agreed to be an auspicing body for any funds raised for the 40thanniversary of the Aboriginal Embassy had their computers hacked by person (s) unknown at the same time as they were having printed out their bank details and then for the information to disappear from the computer as it was printing out.

On the far north coast line of NSW at Pottsville, an Aboriginal man who had been occupying vacant crown reserve has been advised that he will be evicted from the place. In the past 12 months he said that he had been running cultural camps for Aboriginal children and youth so that they can continue to have knowledge of their country and what that country means to them as a people. I am now advised that the council and police were coming to evict him from this place today (22 December). This  appears to developing into our first battle ground in the fight for our sovereign status and rights as the real sovereigns of the soil.

In the last twenty four hours Anderson it has become very clear to me that in the lead up to the 40th anniversary of the Aboriginal Embassy, I have been put on notice that people who have been close to the Aboriginal Embassy all these years are planning a confrontation on the question of the anniversary becoming a focus on sovereignty and not the Embassy. This is concerning, considering that the first intention of the Aboriginal Embassy was to raise and maintain the protest of our people nationwide that sovereignty was never ceded, rights to our lands was our inherent right that we have since time immemorial.

If this is going to be the case then we must now gather together and unite to put down this antagonism against our movement, no matter whether they are Aboriginal people or not. Sovereignty is the key to our future as a people. Right now we are losing our children to the welfare departments, the criminal justice system, our culture is now owned by the white ministers of the state. In Western Australia, the Minister for Aboriginal Affairs is not just the minister, he is also the CEO of the Western Australian Aboriginal Planning Act 1972. In the federal arena, the Labor government refuses to deal with a bill proposed by the leader of the Opposition, Tony Abbot, that will give ownership and management of the Cape York rivers system and remove the wild rivers law created by the Queensland state Labor government.

It is sad to be given this warning but I think our people can stand up to the detractors and those who seek to keep the divisions amongst our people, but we are on the edge of achieving the one thing that has kept us going all these years. This is our country, our lore/law and no Aboriginal collaborators or government junta will stop us from fighting our fight. We will stand up against those who oppose us and if you are Aboriginal and seek to interfere then we will know who you are and will condemn you to the white invaders. This is a case of you are either with us or against us. Make your choice.
- - - - - - - - - - - - - - - - - -
Contact Michael 
0427292492 or (02) 68296355

Further reading

Saturday, 17 July 2010

Shane Howard : Spirit of Place : Water : Goanna Dreaming : Family and Friends

Did the stars dance over Drummond Street, Oakleigh last night?
If not why not?
 The stars were out courtesy of the Caravan Music Club at the Oakleigh-Carnegie RSL last night.  It was a superb night to celebrate and launch Shane Howard's new CD, Goanna Dreaming.  I found the demographics  of the 300 people who packed the performance space interesting.  The majority were over 35 years of age with a large and significant proportion in Miss Eagle's range of antiquity.  These are the generations for whom Razor's Edge and Solid Rock are anthems and these songs were the first and final numbers of Shane's performance.




The support act was Sally Dastey formerly of Tiddas.  Salley's strong and clear voice was in fine form and she had us singing along to that Celtic favourite of Miss Eagle, Wild Thyme also known as Will you go lassie, go.
Sally did what all good support acts do - left us in fine form for the main act of the evening.


At interval, the lucky door prize was drawn.  It was a huge framed Goanna poster. There was great amusement and merriment when the winner stepped forward.  It was Tim Costello.

  
Shane's concert turned out to be a family and friends affair.  Former partner Amy Saunders and their daughter Myra Howard were on stage most of the evening.  Damian Howard, Shane's brother, was there for a couple of numbers.  Kerryn Tolhurst - formerly and again of The Dingoes - was part of the band.  Late in the evening Shane called for Dave Arden and he appeared.  And, finally, Australian music royalty came on the stage - Archie Roach.

Goanna / Spirit of Place (Remastered & Expanded)

Archie spoke of Shane's connection to the Spirit of Place.  Needless to say, there was an allusion to Goanna's historic recording but Archie meant more than that.  His reference was about connection to country and how it was the true measure of a man - and Shane Howard had a true connection to the Spirit of Place.

The concert proper finished with a stirring rendition of Solid Rock  As the song went on, little by little people around the room - not everyone - got to their feet, clearly to honour the spirit of the words and the music and the memory.  It was moving.

Then everyone was on their feet pleading for the encore - when went on for a long, long time.  Very generous, Shane.  

It didn't occur to me until last night how much water came into Shane's songs: the sea, rivers, creeks, waterholes, soakages.  Seems to be something there that wants to come through: humanity - survival - refreshment - spirituality perhaps.




Background: Shane Howard
Top Leftt:  Sally Dastey
Bottom Left: Myra Howard, Damian Howard, Shane Howard
Top Right: Archie Roach



Chronological listing of recordings

SHANE HOWARD

albums

1988 - Back to the Track
1990 - River
1993 - Time Will Tell
1994 - Live in Ireland, Australia & New Zealand
1996 - Clan
2001 - Beyond Hope's Bridge
2004 - Retrospect
2004 - Another Country
2006 - Songs of Love and Resistance
2009 - Driftwood - Rare and unreleased
May 2010 - New Album 'Goanna Dreaming' due for release

singles

1988 - Back to the Track
1989 - Just A Feeling
1990 - Walk on Fire
1990 - If the Well Runs Dry
1990 - Here and Now
1991 - Escape from Reality
1993 - I Shall Be Released
1993 - Flesh & Blood

videos

1991 - The Videos

miscellaneous

1993 - Going Home (Various Artists)
1994 - Earth Music (Various Artists)


with GOANNA

albums

1982 - Spirit of Place
1985 - Oceania (LP)
1992 - Oceania (CD)
1998 - Spirit Returns

singles & eps

1979 - Living on the Razor's Edge (EP)
1982 - Solid Rock
1983 - Razor's Edge
1983 - Let the Franklin Flow
1983 - That Day... is comin' sooner
1984 - Common Ground
1985 - Dangerous Dancing
1985 - Song for Africa
1998 - Sorry
1998 - What Else Is A Life



.....AND FOR THE MEANINGFUL WORDS


Interview with Jeremey Lee
Shane Howard launching Lyrics at Readings
~~~

Sunday, 15 November 2009

In the Northern Territory: intervention but no prevention asserts Ros Pierce


Received through the Women for Wik and the Working Group on Aboriginal Rights (Australia) about the NT Intervention:
Hi my name is Ros Pierce. I am a Ngarrindjeri woman and my people are the traditional owners of the land around the Coorong in the upper south-east of South Australia. I am one of the Stolen Generation. I was removed at the age of 5 years and I returned to my people at the age of 18 years. I am now 58 years.



I have worked within Aboriginal communities most of my life at the grass root level. The areas I've worked in are drug and alcohol, family violence and Aboriginal family support worker. Later in my life, I received my degree in Nursing and continued work as a community nurse in the inner Adelaide area and remote nursing. For the past 10 years I've worked at SHine SA (formerly Family Planning SA) as the Coordinator of Aboriginal and Torres Strait Islander Healthworker Sexual Health education for the female staff.



The point I wish to make is as follows:


The NT Intervention strategy is not focusing on prevention, it is addressing the issues after they have occurred, such as diagnosis of rape and child abuse. The strategy needs to be focusing on early intervention and prevention with the use of an education strategy.



All Australian children and young people, especially Aboriginal children and young people should have access to comprehensive, age appropriate, relationships and sexual health programs, commencing with personal rights and safety in primary schools and before young people become sexually active.



Since colonisation, Aboriginal children, young people and women have been denied information about their rights including their sexual health rights, this has been a major cause of "ignorance" that has been a major factor in silencing the rape and sexual abuse of our women and our children.



I am an advocate for all Aboriginal children, young people and women in having access to comprehensive, age appropriate, relationships and sexual health education program.



Ros Pierce

ATSI Women’s Educator

Workforce Development Team

Sexual Health information networking & education SA Inc (SHine SA)

64c Woodville Road Woodville (PO Box 76 Woodville 5011)

Tel: +61 8300 5324 Email: ros.pierce@health.sa.gov.au Fax: +61 8 8300 5399 Website: http://www.shinesa.org.au/ email: info@shinesa.org.au
MissEagle
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Wednesday, 11 November 2009

Aboriginal dispossession and the eleventh hour of the eleventh month




To-day is Armistice Day. This is a memory embedded in the history of European nations and their allies who participated in World War 1.  There are other memories, which Richard Frankland and Peter Lewis of ANTaR point out here.

MissEagle
racism-free
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