February 2018 Issue 1 Illustration © Nick Bland A Territory Treaty? Pastoral Land Bill Closing the Gap Pages 3-5 Changes Wanted Pages 8-11 Pages 6-7 2 Land Rights News • Northern Edition February 2018 • www.nlc.org.au A word from the Chair March where the Executives of the four Land Councils will be meeting there in the week Councils will work out what a Treaty could running up to the festival, and the Chief look like and how it should be achieved. Minister is expected to attend. There is, of course, the big question about As you will read below, I went down to Elliott whether there should be just one treaty, in the New Year to discuss the shocking state separate treaties with different Aboriginal of housing in the town. Elliott has fallen peoples, or an umbrella treaty sitting above through the cracks for too long, and the separate treaties. Aboriginal residents there have not had a A big part of our job will be to manage new house built for nearly 20 years. community expectations, seek the best I took the local MLA, Gerry McCarthy, along available advice, and have a real say about with me – he’s also the Minister for Housing how we go about consulting with Aboriginal and Community Development. Lawrence people across the Northern Territory. Costa, Assistant Minister for Remote Health The NLC has already sought preliminary Delivery and Homelands, also attended. Mr legal advice from constitutional lawyers McCarthy has since written to the NLC to George Williams and Harry Hobbs, from the confirm that the NT government is committed University of New South Wales. Mr Hobbs to resolving land tenure and housing issues in attended our workshop, and has written a Gurungu, Wilyugu and Marlinja livings areas elcome to 2018, and the first piece for Land Rights News (pages 4 and in Elliott “as soon as possible”. issue of Land Rights News for the 5) summarising the paper which he and Mr He’s undertaken to work with the NLC, Wyear. We’ve shifted publication Williams have delivered. Traditional Owners and local community dates back by a month, and LRN will now It’s a significant time to begin discussions representatives to agree on a form of tenure be published in February, May, August and about a Treaty, this year being the 30th which would allow the government to invest November. anniversary of the Barunga Festival where funds to better support housing repairs and This will be another big year for the NLC; then Prime Minister Bob Hawke promised maintenance programs, construction of new we’ve got a huge agenda and a huge a Treaty with the Indigenous peoples of houses and improved tenancy management, workload ahead of us. Australia. At the 1988 Barunga Festival, Mr with the eventual handover of management to a local group. The NT Chief Minister, Michael Gunner, Hawke was presented with the Barunga has proposed a Treaty between the NT Statement which now rests in Parliament The housing crisis at Elliott has worried me Government and Aboriginal people, and House in Canberra. for a long time, and I can only hope that the I want the four NT Land Councils to take I expect that significant announcements situation there can be sorted out as soon as a leading role in developing processes about the possibility of a Treaty with the possible. to advance that idea. The NLC hosted NT Government will be made at this year’s Sam Bush-Blanasi an important workshop in Darwin in mid- Barunga Festival, because the four NT Land February to prepare for a meeting in early Chairman Minister assures no more roadblocks to Elliott housing The North Territory Government has assured good step forward in resolving land tenure issues other affected Aboriginal people to protect their Traditional Owners and residents of Elliott they so that the Northern Territory Government and long-term control of the land at Elliott, and to will receive new housing after almost 20 years of importantly the Commonwealth Government can give them flexibility to contract with government neglect. start to invest in housing infrastructure for the and other parties for safe, adequate and dignified Minister for Housing and Community Development people of Elliott.” housing urgently and into the future. Mr Gerry McCarthy and Assistant Minister for No new houses have been built and no major repairs Minister McCarthy assured the community there Remote Health Delivery and Homelands Mr completed in almost 20 years, leading to housing will be no more roadblocks and noted the Gunner Lawrence Costa met with community members in shortages, poor conditions and overcrowding. Government has committed $1.1 billion to remote Elliott on 12 January at the invitation of Northern Samuel Bush Blanasi told residents today was an housing over 10 years. Land Council Chairman Samuel Bush-Blanasi. opportunity for the community to ask questions “Michael Gunner’s Labor Government has said we Minister McCarthy informed the meeting that and have their voice heard. “I want you to find don’t want blockers. We’re leading the way with land tenure issues have prevented the Northern happiness again because you’ve been neglected a $1.1 billion investment and Elliott will certainly Territory Government from investment to date. for 17 years,” he told the community. benefit from that. But we need the Commonwealth Elliott is made up of two camps at either end of Elliott resident and NLC council member to do better, not just match it, but do better and that the town. Gurungu (North Camp) is classified as Christopher Neade said he had tried to apply involves also the Chief Minister’s commitment to an outstation and Wilyugu (South Camp) comes for funding in the past only to be knocked back land servicing.” under a Special Purpose Lease. because of land tenure. “The trucks went straight Mr Neade said he felt positive following the Minister McCarthy said once the tenure is past Elliott,” he said. “Federal Government were meeting. resolved, the Northern Territory Government can able to bypass Elliott because of the land tenure.” “Today went very well. I feel a lot better because provide repairs and maintenance, better tenancy The NLC is now working with the Northern I’ve got direction and we can look forward and management, and build new houses. Territory Government to develop options for move onto new stuff.” “We know that housing underpins all the Traditional Owners to resolve the land tenure He said the community was focused on the future. issues which have been part of the problem for opportunities around closing the gap in terms of “Let’s leave the past in the past and move forward. educational disadvantage, health disadvantage government in allocating funds to housing in Elliott. NLC will consult Traditional Owners and We need all the support we can get. Let’s work and social justice,” he said. “Today was a really together.” February 2018 • www.nlc.org.au Land Rights News • Northern Edition 3 LAND COUNCILS SUPPORT TREATY The meeting of the Executives of the four NT Land Councils broke into groups to consider what could be included in a treaty. James Durrilla (left, Anindiliakwa Council) presents a list of aspirations with Andrew Tipungwati (centre, acting CEO Tiwi Land Council) and David Guy (Tiwi Land Council). n the wake of the despair of Indigenous discussion about a treaty, and stated that with the NT Government can be negotiated Australians about the refusal of Prime Traditional Owners, who make up the Land in time for an announcement at the Barunga Minister Malcolm Turnbull to accept the Councils, “ought to be at the centre of Festival in June – the 30th anniversary of the recommendation of the Referendum negotiations of a treaty as the prior owners presentation to Prime Minister Bob Hawke of ICouncil as espoused in the Uluru Statement and occupiers of the Northern Territory”. the “Barunga Statement”, which is now on from the Heart, the four Northern Territory “(Our) meeting resolved to proceed from here permanent display at Parliament House in Land Councils have embraced the decision in a constructive and united way. In particular, Canberra. In reply, Mr Hawke affirmed that of NT Chief Minister Michael Gunner to open we are wanting to reach a Memorandum of his government was “committed to work for a discussion about a treaty with the Territory’s Understanding (MoU) with the Northern a negotiated Treaty with Aboriginal people.” Aboriginal people. Territory about an engagement process with The Executives of the Northern, Central, Tiwi Aboriginal people that is led by Aboriginal and Anindilyakwa Land Councils gathered in people,” the Land Councils wrote. Darwin to consider the implications of a treaty “We agreed that the MoU should also and how to progress consultations with their include a statement acknowledging certain constituents and with the NT Government. realities, such as Aboriginal people being the When he announced his new Ministerial prior owners and occupiers of the Northern line-up in September 2016, Mr Gunner Territory; that their land was taken without appointed a sub-committee of Cabinet to their consent and that deep injustices have “progress public discussion about a treaty occurred; that treaty-making involves the with indigenous Territorians”. acceptance of obligations and responsibilities The Chief Minister subsequently wrote to on both sides; and that non-Indigenous the Northern and Central Land Councils: Australians are here to stay in the Territory.” ““I agree that the process of engagement The Land Councils have proposed the around a treaty will be vital. It is important that establishment of a Treaty Working Group Aboriginal voices are heard and consultations (TWG) to develop the substance of the MoU; will need to be inclusive and accessible.