October 2017 Issue 4 McArthur River Mine Compensation Talks Pages 12-13 © Nick Bland 2017 Agreement for Huge Rocket Station Lease Fracking Interim Report Prawn Farm Pages 8-9 Pages 14 Pages 4-6 2 Land Rights News • Northern Edition October 2017 • www.nlc.org.au October 2017 • www.nlc.org.au Land Rights News • Northern Edition 3 A word from the Chair SHALL THERE BE A TREATY? to be multiple treaties we want to have a with family members while their houses were what will replace it, or whether there’ll be any serious role in the design of an over-arching being refurbished, the Minister for Housing, replacement program at all. orthern Territory Chief Minister Michael Gunner has nearly 30 years ago, it represents treaty elements still sought • Discussions between Aboriginal people be supported framework as well as the treaties themselves. Gerry McCarthy, gave an instruction that The NT Labor Government has promised an committed to engaging with Northern Territory Land after today: promotion of self-determination for our people; by a well-resourced, government funded, independent transitional housing had to be provided where The Katherine meeting also supported investment of $1.1 billion in remote housing Councils about a possible treaty. local decision making in our communities; land for those Aboriginal secretariat. houses were being refurbished. But that the Uluru Statement from the Heart, and over 10 years. That’s welcome, but it‘s not groups who have been dispossessed without restitution; and instruction obviously never hit the ground at Central Land Council Director David Ross and Northern the importance of continuing the national enough to fix the problem, and the NT does recognition of an Aboriginal past and a shared future,” Mr • Discussions between Aboriginal people are delibera- Minyerri – or, perhaps it was just ignored. Land Council CEO Joe Morrison have written to Mr Gunner, conversation. not have the money to fix the problem by Ross and Mr Morrison wrote. tive and focused on reaching consensus on particular wanting to “advance discussions on a treaty and commence I attended a meeting at Parliament House itself. positions with respect to a treaty. With the Deputy Chairman I met in Sydney designing a shared consultation process”. “It has become clear in our deliberations that the process with Mr McCarthy and Housing Department on 1 October with New South Wales Housing is a fundamental right. Without of engagement in deciding the form of a treaty is of utmost officials to discuss the shocking situation at • Aboriginal people across the Northern Territory may Aboriginal Land Council representatives on good housing, other services like health and In reply, Mr Gunner says his government is committed to importance. For a treaty to be supported and successful in Minyerri, but no one could explain why the hold differing views on a treaty and may need differ- the occasion of their 40th anniversary, and education will never be able to work properly. progressing discussions on a treaty and that the Northern its purpose, the process of initial discussions as well as later Minister’s instruction was not acted on. ent ways and time to work through the related issues. the conversation on constitutional reform was Somehow or other, we’ve got to tackle this and Central Land councils “will be an important part of negotiations must be conducted in the spirit of the treaty high on our agenda. The Kimberley Land The housing situation in remote Aboriginal crisis, or else the lives of Aboriginal people will these discussions going forward”. that is sought. Council was there too, and we published communities is beyond crisis point. The never improve. • There is an open formula for invitations to participate a communique which said the three Land Commonwealth estimates there’s a need right “I agree that the process of engagement around a treaty will “In having regard to recent and concurrent consultation in discussions so they are transparent and inclusive. Councils had a “high-level dialogue aimed at now for at least another 2,700 new houses in be vital,” Mr Gunner wrote. “It is important that Aboriginal processes on state based treaties and Commonwealth Samuel Bush-Blanasi wice a year, representatives of the four resetting the relationship between Indigenous remote NT communities. voices are heard and consultations will need to be inclusive Constitutional recognition, we believe there is merit • The Northern Territory Government must not pre- Australians, governments and the broader Chairman and accessible. The Northern Territory Government is clude anything from being part of a treaty until initial Northern Territory Land Councils get The 10-year national partnership agreement in examining the consultation process the Referendum Australian society”. committed to working with Aboriginal people and we will together with officials from the Australian to fund remote Indigenous housing runs out Council undertook, in particular the convening of regional discussions with Aboriginal people are concluded, and take time to get this right.” and Northern Territory Governments to The issues facing the nation included mid next year, and I’m very worried about and national dialogues across the country with First Nations the Northern Territory Government shows leadership discuss strategies and exchange ideas. people. Whilst this process may not be fully adaptive to the in this regard. Constitutional reform, and the group noted In their letter to Mr Gunner, the Land Councils said the It’s also an opportunity for Land Councils to Northern Territory treaty context, we do believe there are development of northern Australia and matter of a treaty and what it comprises is “sensitive and meet separately and work out common policy some significant principles from those consultations that • Negotiations on a treaty with the Northern Territory treaty-making as “unique opportunities to complex”. positions. place Indigenous people front and centre in a should inform the development of a consultation process on Government are to be led by Aboriginal delegates aris- The NLC hosted the most recent forum in national policy agenda”. “The Central and Northern Land Councils have been giving a treaty in the Northern Territory. ing from the Aboriginal led preliminary discussions. In Darwin in early October, and at the Land some detailed consideration to what form a treaty might take these negotiations, a mechanism and time be built in But my great fear is that the national “Principles we consider important in designing a consultation Councils’ breakout session we decided to in the context of the Northern Territory. It may of course be for ongoing consultations between Aboriginal people conversation about Constitutional reform is process going forward include: bring our elected Executives together in the showing signs of petering out. more than one treaty that is sought at the end of the process. on significant decisions and a formal proposal.” New Year to start planning a united front Land Councils have long sought a treaty, most notably with • Primary discussions on a treaty are held between Ab- on the matter of a treaty with the Northern I’ve been on the road a lot lately, visiting a call in 1988 through the Barunga Statement. Whilst the original people across the Northern Territory. Territory Government. communities and hearing their concerns. I’ve Barunga Statement was directed at the Commonwealth, and been out to Numbulwar, and I also attended Soon after his election in August last year, the dedication of the south east Arnhem Land Labor Chief Minister Michael Gunner spoke Indigenous Protected Area near Ngukurr. of his willingness to negotiate a treaty with the Territory’s Aboriginal peoples. He’s Earlier, I travelled the top road on my way to n June 1988, as part of Bicentennial celebrations, Prime Minister Bob Hawke attended the heading up a Cabinet sub-committee made the Garma Festival and visited Ramingining Barunga festival where he was presented with a statement of Aboriginal political objectives by NLC Chairman Galarrwuy Yunupingu and CLC Chairman Wenten Rubuntja. Painted on up of Aboriginal members of the Legislative and Miliingimbi. At Ramingining I was able to a 1.2 metre square sheet of composite wood, it became known as the ‘Barunga Statement’ Assembly, other MLAs whose electorates that inspect the results of the NT Government’s and is now on display in Parliament House, Canberra. are at least 80 per cent Aboriginal, and nine room-to-breath building program. I was not appointed Aboriginal advisors. I’ve got serious impressed. The Deputy Chairman and I also It stated: spent a week in Jabiru. I’ll get out to other doubts about the selection of the advisory We, the Indigenous owners and occupiers of Australia, call on the Australian Government group and the requirement for them to sign regions as soon as I can. and people to recognise our rights: confidentiality agreements, but I welcome Mr Later, I visited Minyerri and was appalled that - to self-determination and self-management, including the freedom to pursue our own Gunner’s early commitment to a treaty. residents were camping in highly unsanitary At a meeting to mark the 40th anniversary of the establishment of the New South Wales Aboriginal economic, social, religious and cultural development; The Cabinet sub-committee had its first conditions around a billabong (a sacred site!) Land Council: Front row (left to right), Anthony Watson (KLC), Chair of Kimberley Aboriginal Law and Culture Centre meeting in Katherine in August. It identified while their houses were being refurbished by - to permanent control and enjoyment of our ancestral lands; Department of Housing contractors. I was so Frank Davies, Sol Belair (NSWALC), NLC Deputy Chairman John Christophersen, and NSWALC Chair strong support for a treaty, and the probable Roy Ah See. - to compensation for the loss of use of our lands, there having been no extinction of upset I had tears in my eyes.