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Indigenous Exceptionalism and the Constitutional 'Race Power'
Langton.x_Langton.x 1/02/13 9:31 AM Page 1 Indigenous Exceptionalism and the Constitutional ‘Race Power’ Marcia Langton Constitutional recognition of Indigenous Australians is a fraught topic, presenting legal as well as moral challenges, and involves a large set of issues beyond my scope here. I want to explore in this chapter the problem of how to recognise Indigenous Australians in the Constitution, a matter given much thought by the members of the Expert Panel appointed by Prime Minister Gillard in December 2010. Upon the release of the Expert Panel Report in January 2012, some commentators made extraordinary and mistaken claims about its recommendations and findings. One person contended that Aboriginal child bride practices would be legalised, should the government accept these recommendations. Another claim was that it was a racist attack on Australians. None of this is the case, of course, but the hysterical response to the propositions of the Expert Panel, well founded in constitutional law and history, tells us something. Most Australians know very little about our Constitution; few have read it, and even fewer understand it. The main challenge for those who agree with our findings is the poorly understood friction between bring- ing Indigenous Australians firmly into the national polity, and maintaining their exceptionalist status as inexorably different. I hope to suggest a solution to this dilemma; it is not original, 1 SPACE PLACE & CULTURE Langton.x_Langton.x 1/02/13 9:31 AM Page 2 INDIGENOUS EXCEPTIONALISM AND THE CONSTITUTIONAL ‘RACE POWER’ but is a new synthesis of a powerful idea drawn from human rights theory and the Expert Panel’s work. -
Welcome to Our Journey © VACCHO 2014 Texts © the Authors VACCHO Acknowledges the Support of the Victorian Government
Wominjeka WELCOME TO OUR JOURNEY CONTENTS 4 Introduction 5 Acknowledgements 7 Follow Me 8 Walking Alone 9 The Noisy Ones 10 My Journey As A Young Boy 12 Dear Cancer 13 The Day I was Touched By An Eagle 14 Life is a Spiritual Journey 16 My Dad – My Hero 17 Gone Far Away into the Silent Land 18 The Peaceful Journey 21 My Little Hands 22 Moonlight Warrior 24 How the River Flows 27 To Mum 28 Don’t Forget To Laugh 30 Nerita’s Story 34 The Journeys 37 Forever Will Remain 38 Cancer You Mongrel 42 Palliative Care Interviews: Maleek and Peter 44 An Australian Blessing 45 Your Journey IntRODUCTIon Wominjeka to Welcome to our Journey. This book is a collection of real life stories from Victorian Aboriginal community members who are experiencing their own journey or have a family/ friend who are experiencing their journey at end of life. This book would not have been possible without the tireless work of Cherie Waight, Senior Project Officer Palliative Care at VACCHO. On behalf of VACCHO and our Members I would like to acknowledge Cherie Waight’s passion and commitment to Aboriginal health and palliative care which has ensured the successful implementation of this book and largely the Victorian Aboriginal Palliative Care Program. Cherie has a strong connection to culture and spirituality and is a respected leader within the Victorian community. The Victorian Aboriginal Palliative Care Program began in 2005 after the Department of Health funded the project as a pilot for six months. After the initial funding period, VACCHO was able to demonstrate the effectiveness of the Program and identify the need for continued recurrent funding. -
Australian Aboriginal Art
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The University of Sydney: Sydney eScholarship Journals online Australian Aboriginal Art Patrick Hutchings To attack one’s neighbours, to pass or to crush and subdue more remote peoples without provocation and solely for the thirst for dominion—what is one to call it but brigandage on a grand scale?1 The City of God, St Augustine of Hippo, IV Ch 6 ‘The natives are extremely fond of painting and often sit hours by me when at work’ 2 Thomas Watling The Australians and the British began their relationship by ‘dancing together’, so writes Inge Clendinnen in her multi-voiced Dancing With Strangers 3 which weaves contemporary narratives of Sydney Cove in 1788. The event of dancing is witnessed to by a watercolour by Lieutenant William Bradley, ‘View in Broken Bay New South Wales March 1788’, which is reproduced by Clendinnen as both a plate and a dustcover.4 By ‘The Australians’ Clendinnen means the Aboriginal pop- ulation. But, of course, Aboriginality is not an Aboriginal concept but an Imperial one. As Sonja Kurtzer writes: ‘The concept of Aboriginality did not even exist before the coming of the European’.5 And as for the terra nullius to which the British came, it was always a legal fiction. All this taken in, one sees why Clendinnen calls the First People ‘The Australians’, leaving most of those with the current passport very much Second People. But: winner has taken, almost, all. The Eddie Mabo case6 exploded terra nullius, but most of the ‘nobody’s land’ now still belongs to the Second People. -
16 November 2018 Jill Gallagher AO Victorian Treaty
16 November 2018 Jill Gallagher AO Victorian Treaty Advancement Commissioner 116 Cardigan Street Carlton VIC 3053 By email to: [email protected] Dear Jill Submission on the proposed Aboriginal Representative Body model As you know, the Federation of Victorian Traditional Owner Corporations is the peak body representing the interests of Victorian Traditional Owners who have or are in the process of gaining recognition under the Native Title Act 1993 (Cth), Traditional Owner Settlement Act 2010 (Vic), or the Aboriginal Heritage Act 2006 (Vic). Traditional Owner corporations are the primary vehicle through which traditional groups and bodies (however described, be they nations, peoples or clans) have organised for the purpose of asserting and exercising traditional rights to country. We acknowledge that the proposal put forward by the Victorian Treaty Advancement Commission (Commission) envisions such corporations playing a substantial role in the Aboriginal Representative Body, and accordingly, we welcome this opportunity to respond to the proposed model. Please find enclosed our submission. As you can see, we generally support the proposal, and commend the Commission for its diligent work in its development. However, we also provide a number of recommendations which we believe may ultimately strengthen the model and the Treaty process in general. If you have any questions or would like to discuss our submission further, please do not hesitate to contact me. Yours sincerely Marcus Stewart Chief Executive Officer PO Box 431 North Melbourne VIC 3051 (03) 9321 5388 [email protected] www.fvtoc.com.au ABN: 40 164 514 121 Submission on the proposed Aboriginal Representative Body model Introduction This submission is a response to the proposed structure of the Aboriginal Representative Body (ARB), as developed by the Victorian Treaty Advancement Commission (Commission) and set out in the publication titled Treaty Statewide Gathering, dated 25 September 2018 (Proposal). -
Vaccho Celebrates a Milestone
VACCHO|NEWS WINTER 2012 Vaccho Celebrates a Milestone The Victorian Aboriginal Street not only accommodates all The event was well attended by Community Controlled Health current staff and volunteers but also many including VIP guests Aunty Organisation celebrated a allows for growth, offers spacious Melva Johnson, Mr. Paul Briggs significant milestone in its 16 year and modern facilities which include OAM, Mr. Andrew Gardiner, history with the official opening of training rooms and car parking Premier Ted Baillieu, Hon Minister for their new centre in Sackville Street for visitors and the entire VACCHO Aboriginal Affairs Jeanette Powell Collingwood on Tuesday 24 July fleet. and Hon Minister Richard Wynne. 2012. The new premises at Sackville ...CONTINUED ON P2 CONTENTS Vaccho Celebrates A Milestone 1 Smiles All Round For Our Graduating Students Of 2012 6 Members Meeting 8 Victorian Aboriginal Health Conference 2012, Aboriginal Health – Everyone’s Responsibility 10 NAIDOC at VACCHO 12 Oral Health In Aboriginal Communities 15 Flag Raising 16 KMS Pregnancy Care Workshop 17 Body Armour 18 Vaccho Chronic Disease Medications Workshop 19 Introducing the Sector Quality Bill Nicholson Improvement Unit 22 ...CONTINUED FROM P1 followed by an inspiring Staff at Vaccho 23 The day marks an historic event didgeridoo performance by for VACCHO, the VACCHO Ray Young. VACCHO’s very Geelong Cats 24 Members and the Victorian first Chairperson Mr. Paul Aboriginal community and is Briggs delivered a memorable Vaccho Executive Board Of the culmination of a lot of hard speech followed by the current Directors 26 work by many over the 16 year Chairperson Mr. Andrew journey. -
A Community-Based Approach to Indigenous Self-Determination
POWER FROM THE PEOPLE: A COMMUNITY-BASED APPROACH TO INDIGENOUS SELF-DETERMINATION LARISSA BEHRENDTt Elliott Johnston impresses me most not because of his involvement with the Royal Commission into Aboriginal Deaths in Custody but for his continued conviction about the rightness of social justice despite political climate and personal cost. His membership of the Communist Party no doubt cost him earlier appointment to silk and, as the first Chairperson of the Aboriginal Legal Rights Movement, formalised a long commitment to Indigenous social justice and criminal justice issues. He was, is and remains a practitioner and a judge, admired for his acute legal mind and his ability to mix the right legal reasons with the right moral reasons; something that can be found only in the best legal minds. I would like to talk across a few themes tonight. I want to begin by canvassing the current political landscape to identify the challenges to Indigenous rights and their protection. I would then like to talk about the shortcomings of 'practical reconciliation' and the limitations of current government policy on Indigenous issues at the federal level. I would then like to discuss how this direction has marginalised the rights agenda and impoverished debate on the policy options we have. I will argue that the way forward combines short term solutions with long term goals and that this includes an understanding of the relationship between rights, economic development and governance. As part of that discussion, I would then like to canvas a few areas where increased vision would assist in the protection of Indigenous rights. -
ANNUAL REPORT Wathaurong Aboriginal Co-Operative 2
ANNUAL REPORT Wathaurong Aboriginal Co-operative 2 Welcome to Country Kim Barne Barre Wadawurrung, • Local Aboriginal community driven Kitarra ngitj. Gin Gin bail wada • Local Aboriginal community owned nidg, Bar Nar Weering Nidj. These three principles underpin Self-determination and Sovereignty “Welcome to Wadawurrung which have been cultural custom and practice since the first Aboriginal Country, let us walk together and organisation was formally established in 1972. learn in peace” ‘In Our Community’s Hands’ We would like to thank and pay respect to the Traditional Our Purpose Owners of this land – the As Traditional Owners and custodians of Wathaurong land, we are Wadawurrung people. committed to working together to provide a secure future for our community We would also like to by upholding the dignity of our ancestors, respecting our Elders and others, acknowledge and pay respect and instilling a sense of cultural pride and belonging in our children and our to our Elders, both past and children’s children. present, to the members of the The Wathaurong Aboriginal Co-operative Limited welcomes all Aboriginal Aboriginal community and to people and provides a place where community members experience social the community leaders. and cultural connectedness and unity, have a voice, celebrate culture and identity; promoting self-determination, community healing, well-being and Our Vision advancement. We are here to support and politically advocate for the community: to The primary purpose of the Wathaurong Aboriginal Co-operative Limited is provide culturally appropriate health, education, aged, disability, housing to provide holistic, culturally sensitive and secure service responses to meet and cultural services, provide and advocate for sustainable employment the specific needs of the Aboriginal community. -
Emerging Environmental Issues for Indigenous Peoples in Northern Australia - Marcia Langton
QUALITY OF HUMAN RESOURCES: GENDER AND INDIGENOUS PEOPLES – Emerging Environmental Issues For Indigenous Peoples In Northern Australia - Marcia Langton EMERGING ENVIRONMENTAL ISSUES FOR INDIGENOUS PEOPLES IN NORTHERN AUSTRALIA Marcia Langton School of Anthropology, University of Melbourne, Australia Keywords: indigenous peoples and environmental issues, Aboriginal impact, people in landscapes Contents 1. Introduction 2. Science Fictions 2.1. Wilderness 2.2. The Nature of Aboriginal Land 2.3. Changes in the Nature of Aboriginal Land Use 3. Pre-settlement Aboriginal Environmental Impact 3.1. Fire and Human Shaping of the Landscape 3.2. Fire: the Recent Debates 4. Re-implicating Aboriginal People in Landscapes 4.1. Dhimurru Aboriginal Land Management Corporation 4.2. Bawinanga Aboriginal Corporation 4.3. Arafura Wetlands 5. Conclusion Bibliography Biographical Sketch 1. Introduction The quest for environmental justice for Australian indigenous people requires, among other things, a critical examination of historical assumptions, which shape arguments concerning the role of Aboriginal people and their traditional environmental knowledge in the management of their cultural and physical landscapes. This paper surveys some recent literature and indigenous conservation developments that provide evidence of the re-implication of Aboriginal people in the management of tropical northern Australia. For 205UNESCO years the legal fiction of terra – nullius EOLSS rendered native title, Aboriginal Land Law And Aboriginal Persons As Land Owners Under That -
Indigenous Strategy Highlights 2017–2019 Contents
Indigenous strategy highlights 2017–2019 Contents Place 6 Community 14 Education 18 Discovery 32 Global 40 Indigenous Strategy Highlights 2017–2019 provides a snapshot of just some of the University of Melbourne’s recent and extensive work with respect to our Indigenous strategic priorities. Categorised under five themes, of central importance in all our highlighted activities is our commitment to ‘Leadership for Change’. Through this commitment the University seeks to create positive social impact and foster a healthier, more inclusive and fairer society. In the Australian context, this involves the development and recognition of Indigenous leadership and the recognition and advancement of Indigenous knowledge and perspectives. Addressing the themes of: Place, Community, Education, Discovery and Global, the flagship Atlantic Fellows for Social Equity Program and the Melbourne Poche Leadership Fellows Program are two of our most innovative and exciting programs. Driven by Indigenous people and informed by Indigenous perspectives, both prioritise Indigenous agency and will contribute to a transformative change agenda. The University of Melbourne acknowledges and pays respect to the Traditional Owners of the lands upon which our campuses are situated. • Wurundjeri and Boon Wurrung peoples Parkville, Southbank, Werribee and Burnley campuses • Yorta Yorta Nation, Shepparton and Dookie campuses • Dja Dja Wurrung people, Creswick campus We recognise the unique place Aboriginal and Torres Strait Islander peoples hold as the original custodians of the lands and waterways across the Australian continent with histories of continuous connection dating back more than 60 000 years. We also acknowledge and respect our Aboriginal and Torres Strait Islander students, staff, Elders and collaborators, and all Aboriginal and Torres Strait Islander people who visit our campuses from across Australia. -
The Victorian Aboriginal Heritage Council
THE VICTORIAN 10 YEAR ANNIVERSARY ABORIGINAL HERITAGE COUNCIL INTRODUCTION Aboriginal peoples of Through these events, the Council’s integrity Victoria have fought and sound decision making were affirmed. for generations for The Parliamentary Inquiry produced a positive recognition of their report on the Council’s work. Amendments to unique relationship the Act passed in 2016 gave the Council more with and custodianship responsibilities. And the judicial decision upheld of their lands. This the Council’s decision, endorsed the Council’s month, we celebrate decision making processes, and ordered costs in the anniversaries of favour of the Council. two key milestones in The Council’s work has also been significantly the fight for Aboriginal rewarding. Aboriginal cultural heritage is now recognition and self determination. managed by Registered Aboriginal Parties (RAPs) Fifty years ago on 27 May, Australians voted in more than fifty per cent of the state. We have overwhelmingly to amend the Constitution to a dedicated unit working for the return and include Aboriginal peoples in the census and protection of our Ancestors’ remains. And we are to allow the Commonwealth to create laws for/ seeing greater recognition of Traditional Owners about Aboriginal peoples. and their roles with respect to cultural heritage management. Ten years ago on 28 May, the Aboriginal Heritage Act 2006 came into effect. These milestones could not have occurred without the commitment of so many people, The Act created the Victorian Aboriginal Heritage those before us and those who walk alongside Council, the first statutory body in Victoria whose us today. members must be Traditional Owners. -
Victoria's Treaty with Its Aboriginal People
Newsletter # 75 August 2018 Victoria’s Treaty with its Aboriginal people The treaty will have benefits for all Victorians 1835 “Batman Treaty” signed – promoting reconciliation, fostering shared pride in Aboriginal culture and helping to heal When John Batman arrived in Port Phillip in the wounds of the past. 1835, he approached local Indigenous leaders with a contract, to ‘buy' their land. His negotiations were It is an opportunity for Victoria to recognise and celebrate the successful, and he walked away with 240,000 hectares of prime unique status, rights, cultures and histories of Aboriginal farming terrain – almost all of the Kulin nation's ancestral land. Victorians. It is also an opportunity for reconciliation and to heal the wounds of the past. John Batman recorded in his journal that he had signed a treaty with the local Aboriginal people, the Wurundjeri to buy 2,000 The Bill is the culmination of the work of more than 7,500 km of land around Melbourne and another 400 km around Aboriginal community members who have been engaged in Geelong. In exchange he gave the eight chiefs whose marks he work to further the treaty process in Victoria. The Government acquired on the treaty, a quantity of blankets, knives, has listened to Traditional Owners, clans and family groups tomahawks, scissors, looking-glasses, flour, handkerchiefs. across the state about aspirations for treaty or treaties. Consistent with the policy of self-determination, the Bill does It is also thought by some historians that the ‘marks' Batman not specify who the Treaty is with or what it will be about. -
Treaty in Victoria
TREATY IN VICTORIA WHAT IS TREATY? HISTORY OF TREATY IN VICTORIA WHERE ARE WE UP TO? Find out more antar.org.au/treaty What is Treaty? Treaty is a legally binding agreement that has come through acknowledgment, discussion, and negotiation, concluding with substantive outcomes for each party. Treaty formalises the relationship between the parties and brings binding obligations on them. Each Treaty can be different in its characteristics as Indigenous groups in Victoria will have their own varied expectations and requirements that need to be met. An aspect that is relevant for Aboriginal people in formulating treaties is the right to self- determination, which involves the right to freely determine their political status and freely pursue their economic, social and cultural development. This includes the right to autonomy and self- governance. Other nations have developed and formed Treaties with the Indigenous peoples including the United States, Canada and New Zealand. Australia is currently still in its early stages of treaty making, opening the conversation for the nation. “We’ve waited 230 years for an opportunity to negotiate a treaty, and we have an opportunity staring at us right now, so the more people who enrol and vote, gives us more power” Jill Gallagher, Victorian treaty advancement commissioner References Click to view resource online (if supported) 1. SBS, Explainer: What is a Treaty? 2. United Nations Declaration on the Rights of Indigenous Peoples articles 3, 4, 5, 6, 19, 20, 26, 27, 28, 37, 38 3. Hobbs, Harry; Williams, George, ‘The Noongar Settlement: Australia’s First Treaty’ (2018) 40(1) Sydney Law Review 1 4.