The Land Holds Us: Aboriginal Peoples’ right to traditional homelands

For over three years we partnered with the Alyawarr and Anmatyerr communities of Utopia homelands to develop our report which highlights how specific policies on homelands in the Northern Territory undermine the rights of Aboriginal communities.

For Aboriginal People the connection to their traditional lands is of central importance to their identity and culture. Research also shows that Aboriginal people live longer on their homelands and enjoy better life outcomes.

In February 2009, Prime Minister Julia Gillard made a statement in support of the UN Declaration on the Rights of Indigenous Peoples and spoke of her government’s efforts to “overcome decades of under-investment in services and infrastructure” in Aboriginal communities.

Our research shows that these efforts are not being directed at Aboriginal homelands.

The Federal Government transferred the responsibility of homelands to the Northern Territory Government, whose policy clearly states that there will be no new homelands in the Northern Territory.

Recommendations

Our recommendations highlight the need for governments at both national and territory level to show political and financial support for homelands including:

  • The Australian and Northern Territory Governments recognise and fulfill the rights of Aboriginal Peoples to their traditional lands.
  • The Australian and Northern Territory Governments apply the Closing the Gap policies to all Aboriginal Peoples in the Northern Territory, not only to those living in Territory Growth Towns.
  • Closing the Gap funding is equitably distributed to include homelands. Criteria for funding must reflect the importance of homelands to Aboriginal Peoples and the significant backlog in housing as a result of historical under-investment.
  • The Commonwealth Government must ensure that all housing on homelands meets the standards for adequate housing under international law, and that effective, equitable and non-discriminatory processes are in place to ensure the rights of Aboriginal Peoples to their traditional lands and the rights to adequate housing.
  • The Commonwealth and Northern Territory governments engage with homelands communities to secure their free, prior and informed consent on all housing policy and plans for homelands given the significance of these policies for homeland communities.
  • The Commonwealth and Northern Territory governments to take into account the above recommendations when re-negotiating the 2007 Memorandum of Understanding on Indigenous Housing, Accommodation and Related Services.

To find out more, read our report The land holds us: Aboriginal Peoples’ right to traditional homelands in the Northern Territory.

 

 

There’s no place like homelands

Homelands are small-to-medium sized communities, established so that Aboriginal people can maintain connection with their traditional, ancestral land. There are approximately 500 homelands in the Northern Territory. Around 30 per cent of the Aboriginal population of the NT live on homelands.

By raising their families on homelands, Aboriginal people are able to maintain their deep spiritual and economic connection to their land. They can raise their children within cultural context, away from the discrimination that often still exists in larger towns.

With proper services like health, education, water and shelter, people can be healthier and live longer on homelands. One of the benefits of homelands is that Aboriginal people have some measure of community control and agency, as seen in the many examples of strong governance and community-based decision-making models. Most significantly, they are important for mental and physical health of Aboriginal communities.

https://www.youtube.com/watch?v=uqhJcimn9XM&feature=youtu.be

History of the homelands movement

Aboriginal people have occupied Australia for millennia and belong to the world’s longest surviving continuous culture. Over thousands of years, they have developed a rich culture and way of life, with their own distinct laws, customs and a unique relationship with their traditional lands.

The beginnings

The homelands movement began in the late 1960s and gained momentum through the 1970s and 1980s. Small Aboriginal groups – often families or other closely related people – left larger communities and relocated on (or closer to) their traditional land. Aboriginal people see homelands as the result of Aboriginal initiatives, not those of the government or officials. Homelands allow them to gather traditional foods and be close to sacred sites, burial places and dreaming trails. It is not a rejection of modernity, but an attempt to embrace the benefits of citizenship rights on their own terms, within their own value system.

Aboriginal Land Rights Act 1976

The key to the homelands movement in the Northern Territory (NT) was the groundbreaking legislation – the Aboriginal Land Rights Act 1976 (ALRA). The ALRA provided for the return of large areas of lands to Aboriginal people in the NT. It established communal Aboriginal land ownership where title is inalienable and equivalent to freehold title, but is held communally by a Land Trust on behalf of traditional owners.

Almost half of land in the NT is owned by Aboriginal peoples through Aboriginal Land Trusts, with the majority of homelands being on ALRA land. Others are on excisions from pastoral leases or are town camps.

The benefits of homelands

The strong benefits of Aboriginal peoples’ return to homelands are clear, as noted by the UN Special Rapporteur on Indigenous Rights:

“Homelands are widely understood to have lower levels of social problems, such as domestic violence and substance abuse, than more populated communities. According to reports, the health of Indigenous people living on homelands is significantly better than of those living in larger communities.

“Homelands are also used effectively as part of substance abuse and other programmes for at-risk Aboriginal youth living in more populated or urban centres.”

Health

Homeland residents have participated in various health research projects over the last twenty years or so – and the evidence of better health is particularly strong. Health is a key indicator and one of the most significant of the ‘gaps’ to be closed for Indigenous Australians. Homelands are also seen as places of respite. Many play a role in rehabilitation of addicts (petrol, alcohol etc) and offenders (detention diversionary programs, training, employment and self-esteem programs for troubled youth and young adults).

Homelands are widely understood to have lower levels of social problems, such as domestic violence and substance abuse, than more populated communities.

Economy and employment

Homelands people have engaged in many economic activities, including Indigenous art, eco-tourism, natural resource management and ‘caring for country’ programs. These are just some of the enterprises that homelands people have entered into, sometimes independently and sometimes in partnerships that have benefits for all Australians and for the resource management of Australia’s environment.

Homelands also come with considerable employment opportunities, forming a central component of the NT tourism industry, contributing $775.78 million per year (5.8%) to the NT economy.

The Utopia region

The Utopia homelands are one of the more established homelands in the NT, comprising of 16 dispersed communities, similar to ‘suburbs’. These communities are separated by rough, corrugated dirt roads and in some instances by the dry and sandy river bed of the Sandover river.

The most central is Arlparra because it is close to the Sandover Highway. Most of the communities are about 30 kilometres apart. During the wet season – which usually occurs in the hot summer months of December to March – the roads, the connecting Sandover highway and the river are often impassable. At such times the only link to the major centre of Alice Springs, roughly 260 km to the south, is a small airstrip situated close to the Urapuntja Health clinic at Amengernternenh.

In terms of infrastructure, there are two primary schools, one high school, a health service and one general store. They service the educational, health and nutritional needs of the 16 communities.

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Deaths in custody: inquiry into transportation of detained persons

Amnesty International is concerned that the administration of the criminal justice system in Western Australia falls short of internationally recognised human rights standards.

These failings expose prisoners to the risk of abuse and, in the most extreme cases, lead to preventable deaths in custody such as the tragic death of Mr Ward who died of heatstroke in 2008 after being transported from Laverton police station to Kalgoorlie, a four hour journey in the back of a prison van without air condition.

Amnesty International believes that the effective implementation of the Royal Commission into Aboriginal Deaths in Custody would have affected the decision to charge Mr Ward, the decision not to grant bail and the decision to transport Mr Ward over a long distance in bad conditions which ultimately led to his death.

Amnesty International made a submission to the WA Government’s inquiry into transportation of detained persons.

You can find out more by reading the full submission here: Submission to WA Government inquiry into transportation of detained persons.

 

Amnesty website feedback

Was this your face when we unveiled the new amnesty.org.au in October 2016? Please tell us! Now the website is nearly five months old (they grow up so fast) we wanted to get your valuable feedback on whether you’re enjoying the new website and any feedback you have on improvements.

Please answer the following questions on the scale from ‘Strongly agree to Strongly disagree’. It will take 5 minutes. Do it over a cuppa.

Can we please have your feedback by Monday 13th March?

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Setting the Standard: A National plan of action to stop violence against women

Violence against women is widespread, systematic and culturally entrenched. In Australia, one in three women who have been in relationships has experienced violence.

The responses to this violence only compound the problems: women fleeing violence are turned away from shelters for lack of space; prosecution rates for sexual assault are among the lowest for all offences; and there are no systematic education programs to give the next generation the skills to condemn violence and build healthy relationships.

In March 2005, Amnesty International launched a campaign for a national plan of action (NPoA) to eliminate violence against women in Australia. Our report – Setting the Standard: National plan of action to stop violence against women – was conceived by Amnesty International Australia as part of the campaign.

Watch the Amnesty International Women’s Lives Matter video

The aim of this report is to bring a human rights perspective to bear on the issue of violence against women. Using a human rights framework, Amnesty International Australia has sought to identify gaps in current policies, legislation and practices.

Rather than propose detailed policy responses to these gaps, we have identified good practice examples on which Australia should draw. Our purpose is to ensure that Australia develops a first-class NPoA: one that draws on international good practice and meets Australia’s human rights obligations.

To find out more, read our full report: Setting the Standard: National plan of action to stop violence against women.

Insights with long-time activist Rob Lundie

In this edition of brief insights, Charles Rozario chats to Rob Lundie, long standing Amnesty activist, volunteer, donor, bequestor and recipient of the National June Fassina Award. Rob has been a supporter for the past 31 years. How did all begin and what keeps him going?

It was a film called Missing that sparked Rob’s interest in human rights. Released in 1982, the film was about the disappearance of an American journalist in South America in the aftermath of the Chilean coup of 1973.

“I still have this particular memory of someone who knocked on my door at home to canvass support for Amnesty. I had recently watched the film and I thought – it was the right ask at the right time.”

Rob lundie

Like many supporters, Rob has spent years writing letters for various campaigns to help free prisoners of conscience. When Rob moved to Australia’s capital in 1989, he decided to join a local Amnesty group. He laughs as he recalls a fellow activist who encouraged Rob to take on a coordinator role.

“’Just a few things to do’, she said. Well, it was a lot more than a few things but I didn’t mind at all. I thought she made a clever pitch and I’m still very good friends with her today.”

Rob lundie

Rob has since taken on many roles including serving on the Branch Committee and the Board. But one thing that Rob has always been keenly aware of is the impact that fundraising has on Amnesty’s ability to carry out its work. To that effect, Rob has led his local group to raise funds through various activities from Candle Day to the well-known Amnesty Quiz Night that been running in Canberra since 1991 much to Rob’s credit.

Rob Lundie at an Amnesty event.
Rob Lundie at an Amnesty event.

In 2016, Rob was awarded the June Fassina Award for the key role he played helping to raise over $200,000 for Amnesty over the past 25 years. The June Fassina award recognises outstanding and meritorious achievements in service longer than 10 years to Amnesty International Australia.

When asked about the human rights issues that he feels passionate about, Rob is hesitant to be selective. “They are all important”, he says, however Rod especially remembers writing for appeals that challenged governments about torture and those denied a fair trial. He is also very keen to see the death penalty abolished. When Amnesty started as a movement 55 years ago, there were only 16 countries that did not practice the death penalty. Today that number has risen to 104.

Rob has also chosen to leave a gift in his Will to Amnesty. I asked what motivated him to do this.

“It occurred to me one day as I was collecting for Candle Day. I remember thinking, Amnesty is here to stay! It has a strong vision for the future. The fact that it is not funded by governments allows it to be independent. You hear too often about effective and worthy projects in a whole range of areas that are forced to curtail their activities or close down altogether because of cuts to Government funding. Amnesty’s approach is totally impartial and its research is highly credible. So, it made sense to me to ensure that Amnesty continues long into future because human rights issues are so widespread and equally so prevalent.”

Rob went on to say something very interesting about the extent of human rights abuses.

“A lack of human rights can affect us all in various ways. It’s not a wealth versus poverty matter. That’s why I think it’s so important that Amnesty is always around.”

Rob acknowledges that not everyone is going to be in agreement with all of Amnesty’s campaigns, in particular some of the issues that divide opinion such as the death penalty or refugees.

“What’s important is that you don’t have to necessarily agree with everything. There are a great many campaigns and while there are some that might challenge us, there are many others that we can readily support. We all know the importance of equal human rights. We can empathise and understand how it affects people – and how it could so easily be us on the receiving end of human rights abuse.”

If you would like more information about leaving a gift in your Will to Amnesty, please call Charles Rozario on (03) 9412 0730 or email charles.rozario@amnesty.org.au.

Apology and clarification of Amnesty’s position on travel bans

On Tuesday 31 January, a comment was posted on the Amnesty International Australia Facebook page regarding travel restrictions on Israeli passport-holders. The comment did not reflect Amnesty International’s position on this issue, and as such we would like to apologise for any misunderstanding this comment has caused.

To clarify our position:

Freedom of movement is a fundamental human right. No person should be denied their human rights on the basis of their nationality.

Amnesty International is opposed to any ban on entry to a country purely on the basis of nationality or religious belief. Naturally this includes any restrictions on entry for Israeli citizens. We note that these kinds of restrictions have had a negative impact on the ability of our staff and our partners to research and report on human rights violations across the region.

Amnesty International is also concerned by any ban that specifically targets refugees or prevents vulnerable people from reaching safety – as we have seen this past week in the United States. We will continue to stand together with the global community to oppose hateful anti-refugee laws and policies.