NT Aboriginal Elders Take their Message to the Committee on the Elimination of All Forms of Racial Discrimination in Geneva

(The following information was provided by 'concerned Australians').

Rev Dr Djiniyini Gondarra OAM and Rosalie Kunoth-Monks are on their way home from Geneva where they had been attending the 77th Session of the Committee for Elimination of All Forms of Racial Discrimination. According to Dr. Djiniyini this was an important meeting for both of them. He said, “We were able to present evidence first hand. We were able to close the information gap”.

He continued, “We were able to speak from the soul. The environment in which we were speaking  was one focused solely on human rights; it was not intruded upon by politics.  We were able to reach the heights in dialogue and understanding that we hadn’t expected.”

Rosalie spoke of the importance of the visit to the UN. “It is the land that holds us together and following the second invasion of the 2007 Intervention, we are hurting, we are suffering. I went to the UN to relieve my pain by being able to present the true facts of what is happening in the remote parts of our country. I had to find a platform where it could be told.”

The meeting was attended by the Australian Government delegation led by HE Ambassador Peter Woolcott and representatives from a number of  different government departments. (FAHCSIA, DEEWR, DOHA, DIAC, AGD)

The NGO Meeting with the Members of the CERD Committee commenced with a traditional welcome ceremony by Dr. Djiniyini. The NGO team included the Australian Racial Discrimination Commissioner, Graeme Innes, Les Malezer from FAIRA and representatives from the National Association of Community Legal Services, Australia International and the National Native Title Council. Members of the Committee were generous in their welcome to Rosalie and Djiniyini.

On 9^th August Rosalie and Djiniyini joined with Rodney Dillon from Amnesty International and Brian Wyatt from the National Native Title Council. They each spoke at a presentation for the International Day of the World’s Indigenous Leaders .

The Race Discrimination Commissioner, Graeme Innes, in his presentation  said, “Rosie and Djiniyini, you are descendants of ancient peoples, the world’s oldest continuing culture, and you do not need me, or the Australian Government, to speak for you.  But may I repeat your messages:
You did not consent to the Northern Territory Intervention.
You said that the Intervention is not a special measure.
You said that it is not a positive or concrete measure to strengthen your communities, culture customary practice. It has had the opposite effect.  It has removed people from their lands, and their own distinct practices and world values. And you said that without land and community at your spiritual centre, every Aboriginal person in Australia will be lost.

Thank you for coming, and giving those messages”.

Quakers United Nations Office generously assisted in arranging a number of important meetings for Rosalie and Djiniyini outside the scheduled events. These included meetings with the Head of the UPR unit, Head of the OHCHR Minorities and Indigenous Peoples unit and Committee Member and Rapporteur, Jose Cali Tzay.

Djiniyini and Rosalie carried with them to the UN the report “Loss of Rights” prepared by, ‘concerned Australians’.

http://www.socialpolicyconnections.com.au/Portals/3/docs/CERD%20report%20%28final%29%20internet%20version%2010072010%20Copy.pdf

Links to reports that were presented at the UN are:

Australian Human Rights Commission: http://www2.ohchr.org/english/bodies/cerd/docs/ngos/AHRC_Australia77.pdf

National Association of Community Legal Services: http://www2.ohchr.org/english/bodies/cerd/docs/ngos/NACLCHRLRC_Australia77.pdf

Intervention Rollback Action Group: www.rollbacktheintervention.wordpress.com

Amnesty International:                http://www2.ohchr.org/english/bodies/cerd/docs/ngos/AI_Australia77.pdf

National Native Title Council:   http://www2.ohchr.org/english/bodies/cerd/docs/ngos/NNC_Australia77.doc

Australian Government’s submission:   www.dfat.gov.au

NT Intervention Forum In early June 2009, NATSIEC hosted a forum of Aboriginal and Torres Strait Islander Church leaders to discuss the Northern Territory Emergency Response (NTER) also known as the Intervention. The aim of the Forum was to develop a common voice from Aboriginal and Torres Strait Islander Church bodies and to develop a common platform for action.The Forum released a Statement regarding the NT Intervention and called on Governments and Churches to address the issues. Download the Forum Statement here. NATSIEC_FORUM_NTER_Statement.pdf

United Nation's Special Rapporteur Professor James Anaya visits Australia February 2010 - Professor Anaya's report is released NTER_Observations_FINAL_by_SR_Anaya_.pdf August 2009 - Statement by UN's Special Rapporteur Professor James Anaya August 2009 - Submission to the UN's Special Rapporteur Professor James Anaya NATSIEC_submission_Prof_Anaya.pdf ....................................................................................................

NATSIEC statements on the Intervention Media statements on the NT Intervention.

Download the Forum Statement here. NATSIEC_FORUM_NTER_Statement.pdf

In early June 2009, NATSIEC hosted a forum of Aboriginal and Torres Strait Islander Church leaders to discuss the Northern Territory Emergency Response (NTER) also known as the Intervention. The aim of the Forum was to develop a common voice from Aboriginal and Torres Strait Islander Church bodies and to develop a common platform for action.The Forum released a Statement regarding the NT Intervention and called on Governments and Churches to address the issues.

The meeting was attended by NATSIEC members and included representatives from the Salvation Army, the Churches of Christ, the National Aboriginal and Torres Strait Islander Catholic Council (NATSICC), and the Uniting Aboriginal and Islander Christian Congress (UAICC). Also attending the meeting were representatives of the National Aboriginal and Torres Strait Islander Christian Alliance (NATSICA) and the Evangelical Alliance (EA). NATSIEC also invited people from the Northern Territory to help inform our discussions and were pleased that Bishop Greg Thompson, the Anglican Bishop of the Northern Territory, Mrs Didamain Uibo, an Aboriginal educator as well as Dr L. Lee Levett-Olsen, the Principal of Nungalinya College in Darwin were able to attend.

We met over four days and focused our attention particularly on the Northern Territory Intervention. The key areas of concern were the lack of proper negotiation with Aboriginal people in the Northern Territory and the lack of voice given to many community people. An additional area of concern was the discriminatory nature of the Intervention.

The forum participants also discussed the role that Churches can play in the Northern Territory and more generally on issues facing Aboriginal and Torres Strait Islander Peoples around Australia. There was agreement about the importance of Churches actively engaging in these issues and being a prophetic voice for justice for all Aboriginal and Torres Strait Islander Peoples. There was also strong support to encourage Governments to learn from Churches, as the common experience is that Churches and their agencies have largely been ignored in the roll out of the Intervention. This is despite the fact that they are present in communities across the Northern Territory and have a long history of working with Aboriginal and Torres Strait Islander Peoples. This tradition continues today where Churches and their agencies are major providers of many community services in education, health, welfare and other areas.

While there were many examples spoken about where Churches have taken a lead and provide models for successfully working with Aboriginal and Torres Strait Islander Peoples, there are still areas where Churches too can increase their effort. These areas are reflected in the Forum statement.

NATSIEC is committed to working on the outcomes of this forum and, together with NATSICA, have committed to organise a Church Forum later in 2009, in the Northern Territory. This will be part of our ongoing commitment to ensure that the issues facing those impacted by the Intervention are understood amongst our members and the wider Church community and to highlight areas were the greatest advocacy is required.

Read the statement on the next page or download above.

NATSIEC Forum on the Northern Territory Emergency Response

Forum Statement - June 2009

As Aboriginal and Torres Strait Islander Christians, we strongly believe that the Creator gave us this land, our identity, and the wisdom to care for it. We recognise that there are many issues to resolve as a Nation, such as the Northern Territory Emergency Response (NTER - the Intervention). We believe that, in its current form, the Intervention does not and will not work for Aboriginal peoples. Aboriginal Peoples have a right to be involved at all levels and stages of developing just and right solutions for community issues. Policy development needs to be driven by Aboriginal Peoples and developed with respect to Aboriginal ways. Appropriate protocols must be followed to ensure that negotiations have the agreement and guidance of Traditional leaders. Policies that are implemented from a central government body without proper negotiated partnerships will not lead to practical and sustainable outcomes.

We believe that Aboriginal Peoples have not been listened to and our stories have not been heard. The Intervention was implemented without consultation with Aboriginal Peoples and Government continues to fail to listen with respect and in a manner which is culturally appropriate. Further, we do not believe that 'consultation' will lead to just and right outcomes for Aboriginal Peoples in the Northern Territory or elsewhere. Rather, we assert the right of Aboriginal Peoples to negotiate agreements as equal partners who have the right to make their own decisions. We resist any attempts to return to a paternalistic mind set where Governments, or Churches, tell us what to do. Aboriginal Peoples have fought against such injustices in the past, and we believe that blanket responses and policies, such as the Intervention, are as disempowering as were those protectionist days. As a nation, we need to support Aboriginal Peoples to work on solutions that lead to positive outcomes. Government must respond to individual community needs and urgently establish much needed services particularly in the areas of health, housing and education. Government must negotiate agreements which respect the right of Aboriginal Peoples to take responsibility for achieving negotiated outcomes.

We have a particular concern about the discriminatory nature of the Intervention. We know that many Aboriginal people have experienced shame and humiliation due to discriminatory measures such as income quarantining. We strongly assert that all Intervention measures must be based on a human rights approach and address Aboriginal poverty and discrimination. There is never a case for suspending human rights and all Government policy must be in accordance with the Racial Discrimination Act (1975) (RDA) as well as human rights principles, such as those contained within the United Nations' Universal Declaration on Human Rights and the United Nations Declaration on the Rights of Indigenous Peoples. We acknowledge that the Government has committed to reinstating those sections of the RDA which were suspended, however, we make the observation that this must happen as a matter of urgency and that the legislation must fully reinstate all the provisions of the RDA.

In addition to the protection of the laws of this nation, we also believe that Aboriginal Peoples have God given rights in this land. We believe that Government and Churches should nurture and give greater recognition to the strong spirituality of Aboriginal people. The spirituality which sustains us, gives us resilience and without which transformation cannot endure. Dehumanising policies and attitudes that deny and damage this spirituality and that contribute to a loss of identity, culture and land will not lead to sustainable change. This can only be achieved when the strong Aboriginal spirit is restored, when the rights of Aboriginal Peoples to determine their own future is asserted and when Aboriginal world views are respected and affirmed by Governments and non-Indigenous people.

As Aboriginal and Torres Strait Islander Christians, representing many different denominations and backgrounds, we are united against the NT Intervention in its current form. We stand in solidarity with our Northern Territory brothers and sisters and we send messages of hope to them.

We call on Governments to:

1.1       Learn to respectfully listen.

1.2       Recognise the right of Aboriginal and Torres Strait Islander Peoples to negotiate agreements with governments. We stress negotiation as distinct from consulting with Aboriginal and Torres Strait Islander Peoples about the implementation of policy and programs which have already been developed and decided on.

1.3       Ensure that appropriate protocols, as determined by Aboriginal and Torres Strait Islander Peoples, are followed in all negotiations and interactions.

1.4       Recognise that Aboriginal and Torres Strait Islander Peoples have the right to negotiate in their own languages.  To ensure that Governments, and their agencies, learn local languages and understand the nuances of the different Aboriginal and Torres Strait Islander languages and the importance of accurate translations. Governments can learn from Churches who have also come to recognise the importance of learning Aboriginal and Torres Strait Islander languages.

1.5       Rectify the lack of negotiation with regard to the NTER, to date, by urgently facilitating a "negotiation forum" to address government policies and programs. Aboriginal Peoples will control and set the agenda of this forum, the purpose of which is to:

1.5a     Bring Aboriginal People together from across the NT.

1.5b     Allow a diversity of people to be heard, including those who are connected on the ground and are community voices as well as those who are representing organisations.

1.5c     Develop a position on an appropriate policy response to the issues facing Aboriginal communities in the NT.

1.5d     Agree to appropriate protocols.

1.5e     Agree to an appropriate methodology that recognises and affirms the diversity of Aboriginal ways of meeting, making decisions and developing processes.

1.5f      Ensure that Governments are negotiating with spokespeople who are elected and endorsed by the communities they are representing and are true community voices and the voices of the Traditional owners.

1.6       Acknowledge that compulsory income quarantining is discriminatory and to recognise that if the policy is as beneficial as is claimed then it must be applied to all those on welfare, irrespective of race.

1.7       Explore more positive ways of managing income such as providing education programs on income management and budgeting. Education is a far more effective and less discriminatory tool and we ask the Federal Government to identify models of best practice from the many successful programs that have been developed to achieve this end. To implement these programs there will be a need to use Aboriginal teachers and to pay appropriately for language training. Further development of this policy agenda should come from additional funding and not from the already committed budget.

1.8       Learn from success. Look at what is already working, learn from mistakes and develop models that build on proven successful strategies. The Churches can provide a good model of how to work together. We are all different and have different cultures and ways of worship; still we can all work together.

1.9       Be accountable for the words that Government uses. For example, when the Minister for Aboriginal Affairs makes statements such as "as human beings we all deserve to be treated with dignity and respect" the Government must be held accountable for those words and can not at the same time implement discriminatory policy.

1.10     Immediately reinstate all the suspended provisions of the Racial Discrimination Act (1975).

1.11     Ensure that the principles of the United Nation's Declaration on the Rights of Indigenous Peoples are enshrined in Australian Law.

We call on Churches to:

2.1       Encourage their congregations to be a prophetic voice and effectively and actively pray for:

2.1a     Aboriginal and Torres Strait Islander Peoples and their leaders.

2.1b     Aboriginal and Torres Strait Islander Churches and Ministries.

2.1c     Injustices and Human Rights.

2.1.1    We encourage the Churches to increase the effectiveness of their prayer by developing a deeper understanding of the issues facing Aboriginal and Torres Strait Islander Peoples. One way in which this can be achieved is by inviting local Aboriginal or Torres Strait Islander Peoples or Aboriginal and Torres Strait Islander Church leaders to speak. We also encourage Churches and their congregations to put their money and feet (actions) where their prayers (mouths) are.

2.2       Work with Aboriginal and Torres Strait Islander Peoples, churches and ministries to create a platform for engagement and to facilitate the education of congregations to increase their understanding and awareness about the real issues facing Aboriginal and Torres Strait Islander Peoples as well as suggested solutions and directions.

2.3       Actively promote positive and successful partnerships with Aboriginal and Torres Strait Islander Peoples at all levels of Churches.

2.4       Work with Aboriginal and Torres Strait Islander Peoples to link and integrate all aspects of ministries and services within, and between, denominations to maximise the effectiveness of all arms of the Churches' ministries and agencies.

2.5       Be accountable to any covenants, policies or partnerships that have been agreed to with Aboriginal and Torres Strait Islander Peoples and ensure ongoing monitoring of the effectiveness of such initiatives.

2.6       Make a commitment to provide national support and resources for Northern Territory Churches. The resource burden of adequately addressing the issues in the Northern Territory should be shared by other States and Territories. Practical support in funding now will go towards rectifying the lack of adequate funding over the past forty years.

2.7       Increase support for existing bodies such as NATSIEC and NATSICA to enable them to continue to build their capacity and ability to respond to matters of importance to Aboriginal and Torres Strait Islander Peoples as well as to continue and strengthen their ability to bring Aboriginal and Torres Strait Islander Peoples from all denominations together to work with a common purpose and voice.

2.8       Work with existing Aboriginal and Torres Strait Islander representative Church structures to appoint a national coordinator to monitor the NTER on behalf of all Churches. Also encourage each congregation to support a person or group to monitor the NT Intervention and to liaise with the national monitoring coordinator.

2.9       Work with existing Aboriginal and Torres Strait Islander representative Church structures to use Church resources to effectively influence media to tell true stories and to also highlight the positives. Use all available means and networks, both national and local, including radio, newspapers, newsletters, internet etc.

2.10     Work with existing Aboriginal and Torres Strait Islander representative Church structures to develop and fund a Church forum in the NT with the aim of bringing together Church leaders, Aboriginal people and their Church leaders and representatives, from all denominations, to develop a united commitment to work towards National and State policy changes.

2.11     Request the World Council of Churches to organise a "Living Letters" visit to the Northern Territory.

Endorsed by the members of:

The National Aboriginal and Torres Strait Islander Ecumenical Commission of the National Council of Churches in Australia.

The National Aboriginal and Torres Strait Islander Christian Alliance.

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