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Black White and Pink's
Forum:
HARMONY - An Afternoon of Reconciliation
Leaping
lizards: the giant goanna of peace
Lesbians
& Gays for Reconciliation (Melbourne)
Mick
Dodson's remarks at the launch of Black + White + Pink indigenous anti-homophobia
campaign
Reconciliation statement
by Sydney
Gay & Lesbian Community Organisations
Reconciliation statement
by the bisexual
& transgender communities
Reconciliation statement by Sydney Gay & Lesbian Mardi Gras Reconciliation statement
by Gay
& Lesbian Welfare Association (Brisbane)
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Reconciliation is a process
which strives to improve relations between Aboriginal and Torres Strait
Islander peoples and the wider community. It is based on recognition of:
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Reconciliation in Australia essentially depends on the ideas, the effort and the goodwill of people in the community. text from the Council
for Aboriginal Reconciliation.
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Church
split emerges over lesbian leader
There are many other ways in which you can support Reconciliation. See the SUPPORT section. |
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'EXPOSING
THE MYTHS'*
In 1992 the High Court of Australia recognised the traditional rights of indigenous people to land in the Mabo case. These rights are known as native title.
Native title is another form of title to land. It recognises that Aboriginal people originally owned all of Australia, and that some of these ancient rights have survived. Native title may include rights of ownership, possession, occupation and enjoyment of land.
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Miners and indigenous people recognise the importance of reaching agreement to enable development to proceed. The Minerals Council of Australia has said it will negotiate and does not support the extinguishment of native title.
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This is already the case with many development proposals in Australia. In Canada, New Zealand and the USA, wide ranging agreements which respect the rights of indigenous people, developers and the wider community have been successfully negotiated.
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Clearly these ventures, and potential mining or other developments, may affect native title rights. Native title is now recognised by law, and negotiations must occur before these activities proceed.
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Without the right to negotiate, indigenous people will be forced to go to the courts, which will create delay and uncertainty for industry.
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Paul Keating told Parliament in October 1993 "pastoral leases extinguish native title to the extent of any inconsistency. That is they do not extinguish absolutely". It was always understood that the Wik decision would resolve the issue.
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Graziers can continue to run cattle and do all things incidental to running a cattle station. The High Court explained that pastoralists have an exclusive right to pasture, but not exclusive rights to possession of land. Pastoral leases were introduced because there was no law to cover squatters taking over large tracts of land in the early part of the nineteenth century. Justice Toohey wrote that land tenure history "reflects the desire of the pastoralists for some form of security of title and the clear intention of the Crown that the pastoralists should not acquire the freehold of large areas of land, the future use of which could not be readily foreseen".
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Indigenous people now know that their native title rights can co-exist with current pastoral leases, and may still exist on vacant Crown land which used to be subject to leases. Pastoralists know that their leases are valid and take priority over native title. Governments and the mining industry know that they must use the Native Title Act 1993 and negotiate with indigenous people regarding future development.
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This is because financial institutions loan money on the basis of the value of the stock and equipment (a 'stock mortgage') - not on the value of the land. A representative from the Australian Bankers Association has explained: "invariably a bank will look to the stock that is on the land rather than the land itself as its primary source of security". ![]()
Any attempt to override the Racial Discrimination Act will lead to national and international outcry and extensive litigation. The negotiation of agreements in good faith is the only way to deliver certainty to all Australians. These agreements are well established in Canada, New Zealand and the USA and there are many examples of successfully negotiated agreements in Australia. |
The
Agreement on Native Title compared with the Ten Point Plan (Attachment
to NIWG Media Release 5 July 1998)
(for more information about the High Court's Wik decision visit the Aboriginal & Torres Strait Islander Commission's 'Plain English Guide to the Wik decision' or the site of clippings from 'The Age' newspaper)
Read about who will gain from the government's racist Ten Point Plan ".. if Aboriginal
people get to share the riches that are still left in this country, what
is wrong with that? because it's only been 125 years since they took all
the riches .."
Read 'A Black view of Howard's way' "I don't think there's ever been such ill-will about the administration and policy development in Aboriginal affairs ever in the 20th century, having due regard to previous historic periods and different ways of thinking. I mean, these blokes are reinventing the 19th century." |
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ABC RN 'Background Briefing' story on the claim of the Yorta Yorta people. Documents on the Northern Land Council's (NLC) site include: The Mabo decision and Native Title Act; A Guide to Native Title; Comparison of the Native Title Act and the NT Land Rights Act; Pastoral Leases and Native Title; Recent statements on Native Title; Native Title "Political War"; Yunupingu's proposal over Native Title - 22/1/97; Explaining the myths regarding the Wik decision; Native Title, Pastoral Leases & Models for Co-Existence; NLC response to the Wik High Court decision; Opinion piece by Professor Marcia Langton for the Financial Review - Jan 1997; Yunupingu's paper to the Wik Summit - 21/1/97; Legal risk: from The Age |
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LONGING
TO RETURN HOME*
*extracts from 'Bringing
them home: National Inquiry into the Separation of Aboriginal and Torres
Strait Islander Children from Their Families'.
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MORE ON THE 'STOLEN GENERATION' The entire text of 'Bringing them Home' is available from the Human Rights & Equal Opportunity Commission (HREOC) website along with facts about the Stolen Children Inquiry, information about 'Who spoke out at the time?' ("It is not true to say that people 'did not know'. People did know, but the warnings went unheeded") and Articles and Stories. Malcolm Farnsworth's page contains links to some 'stolen children' media coverage. Read Kirsten Garrett's ABC Background Briefing story on the 'stolen generation'. |