Papua Law Journal ■ Volume 1 Issue 2, May 2017
The Resistance Movement of Aboriginal People To Fight Against The Plans For A Nuclear Waste Dump In South Australia
Johni R.V. Korwa Master of Art (International Relation) Flinders University Australia Email: [email protected]
Abstract: Aborigine is the indigenous people of Australia who have attempted to oppose the proposal for South Australia to host an international nuclear dump. Even though the rights of indigenous people have been recognized by the United Nations Declaration on the Rights of Indigenous Peoples, the treatment they receive are not in accordance with the standard of living. The object of this this paper is to examine the struggle of Aboriginal Australia as indigenous people who seek to ensure their basic rights to clean environment from nuclear waste by using normative juridical method. The results of the paper show that Aboriginal people have commenced their struggle by the formation of global movement in the form of local campaign (Kupa Piti Kungka Juta), Australian Nuclear Free Alliance (ANFA), in collaboration with Amnesty International and the International Campaign to Abolish Nuclear Weapons (ICAN). All efforts are made to pressure the Australian government not to consider South Australia as a nuclear waste disposal site. This is because nuclear waste can have an impact on public health and environmental damage, trigger nuclear war, and become a threat to the land of Aboriginal people.
Keywords: South Australia, Aboriginal People, Nuclear Dump
INTRODUCTION Rights of Indigenous Peoples on 13 The issue of indigenous peoples September 2007.1 Despite the fact that has caught the world’s attention since the General Assembly adopted the 1 P. Havemann, (2013). “Indigenous United Nations Declaration on the Peoples Human Rights,” in Goodhart, M. (ed.)
271 Papua Law Journal ■ Volume 1 Issue 2, May 2017 the declaration may not be mandatory, Basically, the initiative of this dump it has established a global standard for has been announced by the Howard the treatment of indigenous peoples in Government since February 1998.5 accordance with the survival, dignity, Following that, there have been also and well-being.2 One of the biggest the reports of “Australia’s uranium- challenges encountered by them today Greenhouse friendly fuel for an energy is how to defend their territories and hungry world” and the 2007 “Uranium overcome the “asset stripping” Mining, processing, and Nuclear threatening their livelihoods, culture, Energy review Taskforce 2006” and the way of life.3 A case in point is introducing the importance for having the plans for a nuclear dump in South nuclear energy in Australia in order to Australia (SA) which is vehemently reduce greenhouse gas emissions in the opposed by indigenous Australians.4 years to come.6 For that reasons, the federal government plans to construct a nd Human Rights, 2 edition: Oxford University nuclear reactor in Sydney and then Press, Oxford, p. 245. 2 United Nations Human Rights Office of dispose of the radioactive waste in the the High Commissioner, ‘Declaration on the Rights of Indigenous Peoples’, United Nations remote South Australia.7 Human Rights Office of the High Commissioner (website), However, such a plan is still
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While it is true that the establishment physiological trauma in remembrance of nuclear power may offer benefits to of the British nuclear test at Maralinga, Australia, it has been criticized on the South Australia in the 1950s. ground that nuclear reactor accidents Therefore, they strongly oppose any are possible and inevitable.8 But nuclear dump initiated by the Federal beyond this, the strongest protest is Government.11 They have conducted a sparked from the Aboriginal range of events so far including a local community. They urged the Australian and international campaign in order to government to stop proposing for a tell the world about their struggle in dump in the South Australian outback fighting against any nuclear or anywhere around Australia.9 The proliferation in Australia including the federal government is expected to show nuclear dump plans. a mark of respect for the rights of In this paper, I will argue that Aboriginal Australians over their land. Aboriginal people have been effective Nuclear waste dump is widely forecast in promoting a global movement to to not only poison the Aboriginals’ reject the plans for a high-level nuclear land including waters, plants, and dump in South Australia. This animals, but it will also threaten their argument is based on the involvement cultural heritage.10 Also, some elderly of indigenous Australians in local and Aborigines are still suffering from international events including ‘Kupa Piti Kungka Juta’, International
8 B. Martin, ‘Opposing Nuclear Power: Past and Campaign to Abolish Nuclear Weapons Present’, Social Alternatives, Vol. 26, No. 2, 2007, p. 44. (ICAN), Amnesty International, and 9 N. Whiting, ‘Aboriginal woman reaffirm fight against nuclear waste dump in South Australian Nuclear Free Alliance Australia’, ABC News (website), 16 October (ANFA) to speak up against the dump. 2015,
273 Papua Law Journal ■ Volume 1 Issue 2, May 2017 environmental, trigger the nuclear war, conducted by the British government and show disrespect to Aboriginal between 1952 and 1963.12 The tests people’s rights. This paper will first were conducted at Maralinga and Emu sketch out the British nuclear test at Field in South Australia and on the Maralinga, SA, in the 1950s to provide Monte Bello Islands off the coast of a brief background for nuclear events Western Australia.13 In doing so, the in Australia and then examine its British government received full implications to indigenous Australians. support from the Australian Next, it will offer three different case government comprising of twelve studies: Kupa Piti Kungka Juta, ICAN, major nuclear tests explosions and up Amnesty International and ANFA. to 600 ‘minor trials’ including Finally, this paper will present the radioactive materials.14 It is worth arguments for and against the proposed noting that both the Australian and nuclear dump. British government did not ask permission from the Aboriginal METHOD language groups in that area, namely The method used in this study is a Pitjantjatjara, Tjarutja, and Kokatha.15 type of normative legal research that A major test called ‘Totem I’ was examines the application of the exploded on 15 October 1953 and principles of international law in resulted in a radioactive cloud. It was conjunction with the life of a state. As 12 The reason why the British government a type of normative legal research, it is chose Australia is simply because Australian desert look like the perfect place to the nuclear prioritized to review the legal materials tests. As reported by Australian Institute of Criminology that the “remoteness and sparse population of Australia made it an attractive ANALISYS AND DISCUSSION alternative.” But beyond this, apparently the British Government intended to possess nuclear weapons rather than relying on the Nuclear History In Australia And United States during the Cold-War. See SBS, Implications To Aborigin Australian ‘Backgrounder: Why was Maralinga used for People secret nuclear tests?’, SBS (News), 6 November 2014, In order to understand the nuclear
274 Papua Law Journal ■ Volume 1 Issue 2, May 2017 later known as the Black Mist and government carried out a clean-up of covered over 250 km northwest to the Maralinga nuclear test site.20 Wallatinna and down to Coober Pedy.16 Having said that, the Australian Notwithstanding the ‘Native Patrol government had not taken a serious Officers’ had attempted to make sure action as they did not use sufficient all Aboriginal people were taken out resources, nor did they bury the prior to the test, the signs they gave plutonium on the correct way. 21 As were in English and only a few stated by Alan Parkinson, a nuclear Aborigines could understand. As a engineer and a Maralinga consequence, that event resulted in the whistleblower, that "What was done at death of Aboriginal people and spurred Maralinga was a cheap and nasty the sudden outbreak of sickness in their solution that wouldn't be adopted on community.17 white-fellas land".22 Given that From 1956 to 1957, Aboriginal situation, in 1995 the British people were relocated from Ooldea to government responded it by giving Yalata, a mission station 150 km west U$13.5 million compensation to the of Ceduna, in preparation for the next Maralinga Tjarutja; unfortunately, tests conducted at Maralinga.18 other Aboriginal groups including the However, the movement of Aboriginal Kupa Piti Kungka Tjuta received people (activities) still occurred at nothing, not even no apology.23 Maralinga at the time of the tests. Moreover, it should also bear in Apparently, Maralinga was a mind that Australia has played a pivotal traditional Aboriginal route, thereby role in providing the nuclear raw making it difficult to take them away.19 As a consequence, sickness and death 20 Ibid. caused by the radiation level inflicted 21 Ibid. 22 J. Green, ‘Radioactive racism: The pain and suffering on Aboriginal promises don’t last, but the problems always do’’, Green Left Weekly, 17 November 1993, people. To respond this, the Australian
275 Papua Law Journal ■ Volume 1 Issue 2, May 2017 materials for a number of countries.24 Menzies, Holt, and Gorton were in Indeed, Australia is considered as one favour of nuclear development, the of the uranium suppliers to a few following Prime Ministers including nuclear power states. It is initially William McMahon were reluctant to purposed for the military applications support that.29 Eventually, under the but later for the nuclear power Coalition Government of John Howard, industry.25 In doing so, it has been the issue of nuclear energy was raised. found that Australia endeavoured to They then planned to fund and foster a friendly relationship with the establish a new research reactor in United Kingdom and the United States Sydney, however, encountered by supplying uranium in order to have indigenous resistance. 30 access for nuclear concerns from these Regarding this issue, Australia is two countries.26 Subsequently, the not the only country in the world Australian government expressed its proposing the establishment of the willingness to pursue nuclear power nuclear dump to enhance the well- and independent nuclear weapons- being of indigenous people.31 This building capacity in the 1970s.27 event has occurred somewhere in the Nonetheless, there has been a debate in northern hemisphere. As a matter of the parliament for whether or not fact, North American indigenous Australia should establish a radioactive activist Winona LaDuke told the 2006 nuclear dump. For that reason, Indigenous World Uranium Summit Australian governments and political that the greatest breakthroughs of the parties were divided into some groups world of nuclear industry in dealing concerning nuclear energy and nuclear with radioactive waste for over the policy. 28 Whilst the Australian 29 government led by Prime Minister Ibid. 30 Ibid. 31 In this context, PM Hawke argued that 24 I. Holland, ‘Waste Not Want Not? opening up traditional lands would end the Australia and the Politics of High-level nuclear disadvantaged faced by them. He further said Waste’, Australian Journal of Political it would “finally eliminate these disgraceful Science, Vol. 37, No. 2, p. 284. gaps in well-being and lifetime 25 Ibid. opportunities”. See J Green, ‘Why Australia 26 Ibid. should not become the world’s nuclear waste 27 Ibid. dump’, Green Left Weekly, Issue 1020, 2014, p. 28 Ibid. 12.
276 Papua Law Journal ■ Volume 1 Issue 2, May 2017 years was to take it underground and ‘white men’s holes’ which then gives a dump it on an Indian reservation.32 By name to Coober Pedy (a non- the same token, the US state of New indigenous place in South Australia).36 Mexico also opened the Waste While Kungka is defined as a woman, Isolation Pilot Plant (WIPP) for storing Tjuta means many. In 1990 the Kungka long-lived intermediate level military Tjuta gathered in Coober Pedy and waste. However, the WIPP has been worked closely between one another to closed due to a fire and radiation foster their traditional woman’s culture leaks.33 These accidents caused six including the transfer of stories and employees go to the Carlsbad hospital knowledge, the preservation of cultural to get treatment for smoke inhalation. performances, and the fulfilment of Another seven workers were treated in their obligation to protect the country.37 the location while 86 people were Having said that, in 1995 they evacuated.34 Clearly, the risks of such considerably expanded their purpose in dangerous waste are inevitable. Next, I land protection in response to the will present three different case studies announcement of the Australian showing the involvement of Aboriginal government plans to bury nuclear Australians to speak up against the waste from Sydney’s Lucas Heights proposed nuclear dump in SA. nuclear reactor in the South Australian 38 Case Study I: Kupa Piti Kungka desert. In particular, they were driven Tjuta by the retentive memory of the puyu The ‘Kupa Piti Kungka Tjuta’ is a pulka (big smoke) from the British council of Senior Anangu (Aboriginal) Woman Elders from the countries of http://www.iratiwanti.org/iratiwanti.php3?page =kungkas> accessed 26 May 2016. Antikarinya, Yankunytjatjara, and 36 J. Lennon, (2000) I’m the one that knows this country! The story of Jessie Lennon and Kokatha (Aboriginal names) - South Cooper Peddie, Aboriginal Study Press, 35 Canberra, p. 47. Australia. The word Kupa Piti means 37 E. Vincent, ‘Nuclear Colonialism in the South Australian Desert’, Local global: Identity, Security, and Community, Vol. 3, 32 Ibid. 2007, p. 104. 33 Ibid. 38 Seeds of Peace, ‘Kupa Piti Kungka Tjuta 34 Ibid. and the Nuclear Waste Dump’, 35 The Kupa Piti Kungka Tjuta, ‘About the
277 Papua Law Journal ■ Volume 1 Issue 2, May 2017 nuclear test in the 1950s causing the Council, and many others.43 Despite chronic sickness and deaths of the fact that they were only few women indigenous Australians.39 That event is and it could be difficult to defeat the widely believed to have carried far- government, these Senior Aboriginal reaching implications for their lives, women strongly believed they would and, for that reason, they are not in win the battle at the end.44 Obviously, favour of any nuclear proliferations there had been an attempt made by the initiated by the federal government.40 Australian government to a buy-off Subsequently, the Kupa Piti Aboriginal opponents with regards to Kungka Tjuta organized a vigorous dumping plans in 2002.45 Indeed, an campaign to reject the dumping plans amount of $90,000 was offered to three proposed by the Federal Government’s native groups (Kokatha, Kuyani, and Department of Education, Science and Barngala) for enabling the federal Training (DEST) in collaboration with government to take over their land. the Australian Nuclear Science and However, it failed due to the refusal of Technology Organisation (ANSTO).41 the Kokatha and Barngala.46 They Their campaign, which was called ‘Irati noted: Wanti: The Poison, Leave it’, started "Our Native Title rights are not for from 1998 to 2004.42 During their sale. We are talking about our struggle, they received considerable culture, our lore, and our support from a number of parties dreaming. We are talking about including environmental and anti- our future generations we're nuclear groups, the Australian Council protecting here. We do not have a of Trade Unions (ACTU), the South "for sale" sign up and we never Australian United Trades and Labour will."47
39 A. Kerly and C. Deane, ‘Green and Black: Aboriginal Australians and the Nuclear 43 S. Harbison, ‘Irati Wanti – The Poison, Industry’, New Internationalists, Issue 382, p. Leave it’, Green Left Weekly, 17 September 19. 2003, 40 Ibid.
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Moreover, the Kupa Piti Kungka dump plan in the Northern Territory Tjuta also maintained their stance on afterwards, it found outright rejection the matter of nuclear dump plans. In from a strong campaign organized by this respect, they said: traditional owners up there (Aboriginal We are the Aboriginal women - people).50 Yankunytjatjara, Antikarinya, and Kokatha. We know the country. Case Study II: International The poison the Government is Campaign to Abolish Nuclear talking about will poison the land. Weapon (ICAN) in Australia We're worrying for the country and The ICAN is a global campaign we're worrying for the kids. We say "NO radioactive dump in our coalition which aims to convince the ngura, in our country." It's strictly cosmopolitan public and mobilize them poison, we don't want it.’48 to take actions against their Finally, the campaign has proven government in conjunction with the to be successful in convincing the ban of nuclear proliferations.51 In doing Federal Government to stop proposing so, this campaign attempts to persuade nuclear dump. As a matter of fact, on countries, international institutions, 14 July 2004 the Australian civil society, and other important actors government announced the cancellation to seriously consider the nuclear of its plans to dump the nuclear waste proliferation as an instrument- 49 in the remote South Australia. threatening the harmony of the world Notwithstanding the Federal and causing an environmental Government attempted to turn out the disaster.52 In 2007 ICAN Australia was officially launched at the Victorian 48 I. M. Stewart, et al., (2008). “Talking Straight Out: Stories from the Irati Wanti parliament house in Melbourne. From Campaign,” Alapalatja Press, , Coober Pedy, p. 9. then onwards, this campaign has 49 Friends of the Earth Australia, ‘The Successful Campaign Against Nuclear Dumping in South Australia’, Friends of the 50 Green, ‘Why Australia should not Earth Australia (website), become the world’s nuclear waste dump’, p.
279 Papua Law Journal ■ Volume 1 Issue 2, May 2017 successfully encouraged individuals stories about nuclear events in and organisations from all around the Australia and gathering a global world to take a course of action for a support in regards to the nuclear dump treaty banning nuclear weapons.53 In plans.56 For instance, in December Australia, this campaign has 2014 Sue Coleman-Haseldine, born at collaborated closely with Aboriginal the Koonibba mission near Maralinga - Australians offering them an South Australia – a site of British opportunity to stand up for their rights nuclear tests, visited Austria to give her particularly in response to SA nuclear testimony at the Vienna Conference on waste dump plans. Indeed, in April the Humanitarian Impact of Nuclear 2016 the ICAN facilitated ‘The Black Weapons.57 She told the participants Mist White Rain Speaking Tour’ about far-reaching implications of the running for over four days in four British nuclear testing on Aboriginal different states across Australia land as well as on her family and the (Adelaide, Melbourne, Sydney, and indigenous Australians communities in Brisbane).54 South Australia.58 In the same light, Many of the speakers on the tour Karina Lester also delivered a speech were the victims’ family of British about her family’s stories at the World nuclear tests in the 1950s in the South Nuclear Victims Forum in Hiroshima Australian desert.55 Prior to their talks, in November 2015.59 Her father, they had attended a range of Yankunytjatjara elder Yami Lester, international events for sharing their was blinded due to the ‘black mist’ fallout produced by the British nuclear 60 53 International Campaign to Abolish tests in the desert of South Australia. Nuclear Weapons (ICAN), ‘About ICAN in For that reason, she strongly opposed Australia’, International Campaign to Abolish Nuclear Weapons any nuclear proliferation including the (website),
280 Papua Law Journal ■ Volume 1 Issue 2, May 2017 plans for the nuclear dump in South ancestral land; and rights to have Australia.61 freedom from any discrimination and 65 Case Study III: Amnesty constitutional reforms. Amnesty International and Australian International’s Indigenous rights staff Nuclear Free Alliance (ANFA) are Aboriginal people from across Amnesty International also plays a Australia who are widely believed as pivotal role in advocating the rights of adviser and expert for advocating Aboriginal people in conjunction with indigenous issues in Australia.66 One of nuclear dump plans in South the programs it has conducted to date is Australia.62 Indeed, it collaborates with to support the Aboriginal community Aboriginal people, communities, and of Muckaty (Manuwangkyu) to fight institutions in Australia in order to against the radioactive waste dumping make sure the indigenous rights are proposed by the Federal Government.67 well-protected and respected.63 In Moreover, there is also an particular, it aims to ensure the rights Australian Nuclear Free Alliance mentioned in the UN Declaration on (ANFA) comprising Aboriginal the Rights of Indigenous Peoples Australians and civil society groups including decision-making about their aiming to reject any nuclear future, are conducted in a practical and proliferations on Aboriginal lands.68 effective way.64 The issues it advocates Established in 1997, this alliance offers consist of three main areas: Aboriginal a valuable window of opportunity to and Torres Strait Islander share ideas and thoughts in order to overrepresentation in the context of preserve the Aboriginal culture and criminal justice system; the rights of
Aboriginal people to live on their 65 Ibid. 66 Ibid. 67 Amnesty International (Australia), ‘Past 61 Ibid. Recipients of Human Rights Innovation Fund’, 62 Amnesty International (Australia), ‘Our Amnesty International (website), 26 April Campaign for the Rights of Indigenous 2013, Peoples’, Amnesty International (website), 16
281 Papua Law Journal ■ Volume 1 Issue 2, May 2017 protect the country from nuclear Saskatchewan (Canada), and Africa.73 developments.69 In doing so, ANFA In practice, ANFA has proven appeals to all nuclear countries not to successful strengthening the campaign consider Australia as the destination of against the proposed nuclear waste the nuclear waste dump. They argue dump in the remote South Australia that the nuclear industry has put their and in Northern Territory.74 lands at a disadvantage, starting from The Arguments For and Againts The the British nuclear tests to uranium Plans For A Nuclear Dump in South Australia. exploration to the proposed nuclear It could be argued that by using the waste storage facility.70 In 2015, Aboriginal land for the establishment ANFA representations attended the of nuclear dump sites, it may overcome World Uranium Symposium in the disadvantages encountered by Quebec, Canada, and then sought for them.75 For this reason, in 2005 the having a connection with the former Prime Minister Bob Hawke international nuclear-free movement. 71 asserted that Australia should become This alliance believes that such a the world’s nuclear waste dump.76 On connection would help them to share this matter, Dr. Jim Green observes that information, experiences, and Australia is one of many countries that campaign ideas in order to foster their consider nuclear waste dumping as the movement.72 So far, this alliance has means to alleviate the poverty faced by established a connection with First Nation people, activists and environmental institutions in Taiwan, 73 Ibid. 74 Australian Nuclear Free Alliance 69 Ibid. (ANFA), ‘About Us’, Loc. Cit. 70 Australian Nuclear Free Alliance 75 Green, ‘Why Australia should not become (ANFA), ‘Sign the Declaration’, Australian the world’s nuclear waste dump’, p. 12. See Nuclear Free Alliance (website), also The Guardian, ‘Bob Hawke: Nuclear
282 Papua Law Journal ■ Volume 1 Issue 2, May 2017 indigenous people.77 Also, nuclear well as the potentially dangerous power may offer a solution to tackle radioactive waste for thousands of global warming by providing a non- years to come.81 polluting alternative to fossil fuels in Furthermore, one of the most which many countries are pursuing compelling arguments in support of including Australia.78 However, the use building a nuclear waste storage is of nuclear power may lead to a terrible simply because the South Australian catastrophe for human beings and the desert is deemed as a remote wasteland environment. As written by Professor and low inhabitants – impact few John Veevers from Macquarie people.82 This thought is driven by the University in the Australian geologist history of white exploration. According in 1999 that an international high-level to Haynes, the arid interior is seen as a nuclear waste dump will enormously model of ‘blank space’ and it contribute to the severe public health contributed to the sense of fear during and environmental damage.79 In this the colonial history. 83 Haynes states context, Veevers asserted, 250,000 that “The changelessness ascribed to tonnes of dangerous radioactive waste the desert was also attributed to its from the northern hemisphere would Indigenous inhabitants; both were seen settle in Australia for at least 10,000 as primitive, obdurate and inimical to years marking Australia as a potentially civilisation”.84 Also, a state is capable dreadful place to live.80 By the same of declaring sovereignty over new token, Clarke also emphasizes that lands at international law based on people would feel the tremendous heat three means: conquest, cession, and coming from the reactor nuclear fuel as occupation of territory which was
77 Ibid. 78 Martin, Op. Cit., p. 43. 79 Friends of the Earth Australia, ‘Australia as the world’s nuclear waste dump?’, op. cit. 81 R. Clarke, ‘Nuclear Waste Dump in 80 J.J. Veevers, ‘Disposal of British South Australia’, Green Left Weekly, Issue RADwaste at home and in antipodean 1091, 19 April 2016, p. 8. Australia’, Department of Earth & Planetary 82 Vincent, op. cit., p. 105. Sciences (Australian Geologist), Macquarie 83 R. D. Haynes, , (1998) Seeking the University, Centre: The Australian Desert in literature,
283 Papua Law Journal ■ Volume 1 Issue 2, May 2017 known as terra nullius.85 However, It has also been argued that Aboriginal Australians consider the Australia is responsible for processing desert as a precious land. As a matter its nuclear waste. Indeed, Australia’s of fact, the Anangu people, whose nuclear waste was exported to France home is the desert, do not discern it as to be reprocessed and sent back to the a ‘blank space’. 86 For them, ‘it is a temporary storage facility at Sydney’s network of known places, full of Lucas Heights.90 Owing to this, many meaning. Rather than dead, it is life- believe that Australia should find its sustaining’. Based on the oral histories, own somewhere safe to store it. they believe that the desert is full of Accordingly, in 2007 the Federal place names, history of a journey, and Council of the Liberal Party adopted a long-distance travelling.87 Indigenous resolution to host an international Australians also regard the land as a nuclear dump in Australia.91 The representation of their culture.88 In this resolution emphasized that it was respect, Irene Watson, a survivor of crucial for Australia to expand its terra nullius, observed that the uranium mining in collaboration with struggles made by Aboriginal people nuclear power generation and global related to sovereignty over their land nuclear waste storage.92 Soon after, six are perceived by states as a threat to sites were shortlisted and added to the ‘territorial integrity’.89 Thus, it is nuclear dump plans.93 However, Falk et expected that the federal government can change its perspectives in regards 90 L. Hyams, ‘Nuclear waste arrives at temporary Lucas Heights storage facility after to indigenous rights over the dump being processed in France’, ABC News, 6 December 2015, plans.
284 Papua Law Journal ■ Volume 1 Issue 2, May 2017 al asserted that the initiative of building found that the plans for a nuclear waste nuclear dump may contribute to the storage are firmly opposed to the proliferation of nuclear hazards Australian Radiation Protection and triggering the nuclear war among Nuclear Safety Act 1998 it has nations.94 In this context, the Ranger committed to.97 Uranium Environmental Inquiry Finally, the tentative findings from (RUEI) also discovered that Aboriginal Nuclear Fuel cycle Royal Commission elders are extremely concerned about in 2016 noted that the development of uranium mining and nuclear power nuclear activities could enhance the because these two activities would well-being of the South Australian weaken their spiritual and physical community and it therefore should go relationship with their land.95 By the ahead.98 However, the report had not same token, the Prime Minister, discussed any accidents related to Malcolm Turnbull, in 2015 predicted nuclear reactors. Indeed, Dr. Jim Green that Australia may continue to send its found that it had not mentioned the nuclear waste to other countries to closing down of a New Mexico waste proceed. He was a bit sceptical about storage due to a chemical explosion in whether Australia could establish the 2014, neither had the report revealed nuclear power stations in the near the fire spread at a nuclear waste dump future.96 In addition, Falk at al. also in Nevada in 2015.99 To respond to the
Oman Ama in Queensland are the optional. See M. Doran, ‘Six sites shortlisted for Australia’s 285 Papua Law Journal ■ Volume 1 Issue 2, May 2017 report, Aboriginal people organized a informed consent.”102 So far, Australia protest by saying it could be ‘cultural has shown its respect for the rights of genocide’ and a threat to their Aboriginal people over their land by society.100 Even though Australia did not forcing the plans for the high-level not sign the UN Declaration on the nuclear dump. Rights of Indigenous Peoples in 2007, it has worked out its stance and finally CONCLUSION ended up with the official endorsement This paper has examined how of the Declaration on 3 April 2009.101 Indigenous Australians commenced a Hence, Australia should be global movement in order to reject the straightforward to recognize plans for establishing an international indigenous rights, listen to what they nuclear dump in South Australia’s say, and ensure the place they live is remote Aboriginal lands. They are environmentally safe. As stated in driven by the unforgettable experience Article 29 (2) of the declaration, when the British government undertook “States shall take effective measures to nuclear tests in 1950s. Indeed, the tests ensure that no storage or disposal of have resulted in the deaths and long- hazardous materials shall take place in term sickness encountered by the lands or territories of indigenous Aboriginal people. Moreover, the three peoples without their free, prior, and case studies have shown how powerful the struggle is to make a movement against the proposed nuclear dumps. report-to-be-revealed/7394400> accessed 31 Firstly, the ‘Kupa Piti Kungka Tjuta’ May 2016. 100 C. Campbell, ‘Nuclear dump protesters campaign comprising Aboriginal warn of ‘cultural genocide’ in South Australia, women elders was effective in ABC News, 16 May 2016, 286 Papua Law Journal ■ Volume 1 Issue 2, May 2017 2004. Secondly, in collaboration with culture and way of life. Also, despite indigenous Australians, the ICAN has the fact that Australia is expected to organized events including ‘The Black find a storage for its nuclear waste, it is Mist White Rain Speaking Tour’ to possible to look for the dump in other offer a window of opportunity for countries. This is vital because the Aboriginal Australians to tell their establishment of a nuclear dump in stories and to gather support from the Australia could stimulate the international community against dump development of nuclear weapons and plans. Finally, Amnesty International also bring tonnes of dangerous has also enabled Aboriginal Australians radioactive materials to settle in to speak up against the dump. In the Australia. The findings reported from same way, ANFA plays a pivotal role the Nuclear Fuel Cycle Royal in making a connection with other Commission is incomplete and does groups and institutions overseas to not reflect accurately the full issues as obtain campaign ideas and pressure the it did not mention any nuclear Australian Federal Government not to accidents experienced by other consider any nuclear developments in countries over the last few years or to Australia. detail the reasons for Aboriginal Furthermore, while it is true that peoples’ opposition to the dump. More the establishment of nuclear dumps importantly, in 2009 the Australian could end the disadvantages faced by government has endorsed the UN the aboriginal people and offer a Declaration on the Rights of solution to global warming, nuclear Indigenous Peoples. Therefore, it is accidents are unavoidable and likely to expected that the federal government happen. It threatens human beings and can fulfil its obligations to not only environment, and harm public health as ensure the rights of indigenous in many other countries. Even though Australians are protected, but also to the Australian government considers guarantee the place they live is safe. the desert as a blank space and a remote wasteland, it is worthy land for Aboriginal people in respect to their 287 Papua Law Journal ■ Volume 1 Issue 2, May 2017 BIBLIOGRAPHY Australian Nuclear Free Alliance (ANFA), ‘Sign the Declaration’, Amnesty International (Australia), Australian Nuclear Free Alliance ‘Declaration on the Rights of (website), Indigenou Peoples’,Amnesty 288 Papua Law Journal ■ Volume 1 Issue 2, May 2017 Falk, J, Green, J, and Mudd, G., Green, J., ‘Radioactive racism: The ‘Australia, uranium and nuclear promises don’t last, but the power‘, International Journal of problems always do’’, Green Left Environmental Studies, Vol. 63, Weekly, 17 November 1993, No. 6, pp. 845-857. 289 Papua Law Journal ■ Volume 1 Issue 2, May 2017 France’, ABC News, 6 December 6-05-09/nuclear-fuel-cycle-royal- 2015, commission-final-report-to-be- 290 Papua Law Journal ■ Volume 1 Issue 2, May 2017 SBS, ‘Backgrounder: Why was other-countries-malcolm- Maralinga used for secret nuclear turnbull-says> (accessed 31 May tests?’, SBS (News), 6 November 2016) 2014, The Guardian, ‘Bob Hawke: Nuclear 291 Papua Law Journal ■ Volume 1 Issue 2, May 2017 Vincent, E., (2007) ‘Nuclear 292