-----Original Message----- From: Webcentral <[EMAIL PROTECTED]> > > <<...>> > > > > > >Embargo: 3.00pm Monday 12 June 2000 > > > > >Speech by > > >Geoff Clark >ATSIC Chairman > > >'Promoting and Protecting Cultural Rights' > > >Sino-Australian Workshop on the Cultural Rights of Ethnic Minorities > >(conducted under the China-Australia Human Rights Technical Assistance >program administered by HREOC) > > > >Lanzhou, Gansu Province > >12-16 June 2000 > >SALUTATION > > >I wish to express thanks for the kind hospitality shown to our delegation. > >This is my first visit to your country and it is a great honour to be here. > >It is especially pleasing to be here for a dialogue on the Rights of >Minorities, an issue which I understand is close to the hearts of the >Government and peoples of this nation. > >We hope to learn from your history, your culture and your wisdom. > >In return, we trust that what we have to say about our peoples will help our >mutual efforts at advancing our common rights and aspirations. > >ABOUT US > >I will begin by speaking briefly about the Aboriginal and Torres Strait >Islander peoples of Australia. > >There are about 380,000 of us, making up 2 per cent of the population of >Australia. > >We have been the original owners of the land for possibly 200,000 years. > >We have never ceded sovereignty. > >Our cultures are based on oral traditions - with knowledge passed from >generation to the next. > >The land - in all its diverse forms - has shaped our cultures - in all their >diverse manifestations. > >>From the tropics to the deserts, from the river plains to the mountains - >each community developed beliefs and systems that reflected the local >relationship with the land, the parent of us all. > >Communities on the coast developed their identities based on interaction >with the sea and coastal climates. > >Communities living in the desert developed cultures that take into account >the extreme climate and remoteness. > >Each region developed complex spiritual relationships with the landscape and >highly structured protocols with its neighbours. > >We believe there were originally about 250 distinct languages across >Australia at the time of European settlement. > >Each of these reflected different experiences of the world and was specific >to the region where they developed. > >Language is one of the last bastions for culture. > >Even when you lose your lands and spiritual places, you can nurture cultural >integrity by maintaining language skills in the community. > >Sadly, since the colonisation of our land and people by Europeans 1788 our >history has been one of tragedy and deprivation. > >Only about 20 of those languages remain in active use today. > >Another 70 are in decline and are failing to find speakers among our younger >generations. > >Our cultures have been eroded and continue to be threatened. > >Many of us can no longer speak fully our traditional languages. > >However, even those of us separated form our lands maintain our cultures. > >Our cultures have retained a distinct sense of identity and place - despite >the government policies of the last century designed to eradicate that >culture. > >Our cultures remain highly visible in the way that Australian governments >market the country internationally - using our symbols, our art and even our >languages. > >Our cultures continue to give Australia its own unique national identity, >even though we - the custodians of our cultures - suffer gross disadvantage >in every area of the social, economic and political life of our country. > >Allow me to briefly sketch this disadvantage by way of some comparative >statistics: > >* Overall, the median age of the Indigenous population is 14 years >less than the general population. The Indigenous birthrate is twice that of >the non-Indigenous communities and our life expectancy is much lower. > >* At birth, life expectancy for Indigenous males was estimated to be >56.9 years compared with 75.2 years for non-Indigenous males. By further >comparison, life expectancy for Chinese males is about 68.6 years. > > Life expectancy for Indigenous females is 61.7 years compared with >81.1 years for non-Indigenous females. Life expectancy for Chinese females >is about 75.1 years. > >* Among families, 29.6 per cent of Indigenous families have only one >parent, compared to 14.2 per cent of other families. > >* Among non-Indigenous adults, 31 per have a post-school educational >qualification compared with only 11 per cent of Indigenous families. > >* The unemployment rate among Indigenous adult is 3 to 4 times higher >than for non-Indigenous adults. > >* Indigenous children are 2 to 8 times more likely more likely than >non-Indigenous children to be subjects of substantiated cases of abuse and >neglect. > >* Indigenous children are also over-represented in the juvenile >justice system - about 40 per cent of children in 'corrective institutions >for children' are identified as Indigenous. > >* The imprisonment rate for Indigenous adults is over 14 times that >for non-indigenous adults. > >While you consider all these facts, let me repeat - Australia's Indigenous >peoples make up only about 2 per cent of the country's total population. > >ABOUT MYSELF > >Distinguished guests - let me tell you something about myself. > >I am a member of the Tjapwuurong tribe from the southeastern corner of the >Australian continent. > >I live at the Framlingham Aboriginal community in the rural area around the >port town of Warrnambool. > >At this time, I am serving a second term as the elected representative of >the Aboriginal people of my state on the national Board of the Aboriginal >and Torres Strait Islander Commission. > >In December last year, I became the first elected head of that organisation. > >In my early career, I was a professional boxer with a travelling carnival >and a professional football player. > >As an activist and campaigner for my people, I have travelled extensively >throughout Australia and overseas - especially on matters of rights to land. > >I have participated in a number of delegations to the United Nations. > >I am also the deputy chairman of the Aboriginal Provisional Government - a >political body that campaigns for the recognition of the sovereignty of >Australia's Indigenous peoples and for the legal and constitutional >recognition of Indigenous rights. > >ABOUT AUSTRALIA > >Since 1901, Australia has operated as a federation of six states and two >major territories - each of which has its own legislature. > >The federation is built on a series of colonies established by the British >from 1788. > >Each state and territory retains a high level of autonomy and so policies on >education, justice, social services and even transport vary from one >jurisdiction to the next. > >The current federal government - a coalition of the conservative Liberal and >National parties - has a policy of only limited intervention in the affairs >of the states and territories. > >The result is that the Indigenous peoples of Australia experience different >treatment in different jurisdictions. > >OUR STRUGGLE > >Yet the Aboriginal and Torres Strait Islander peoples of Australia maintain >a clear sense of our identities and a clear vision for our communities. > >Many efforts have been made to disperse or divide us, but we remain >unconquered. > >We seek self-determination for our peoples. > >We want our national and state and territory governments to observe the >specific rights of Indigenous peoples that been recognised under >international law. > >We wish to practise the rights to protect our land and sacred places, our >languages, songs and dances and to protect our traditional knowledge of the >land and its products. > >We wish to exercise out rights to safeguard our cultural products and our >right to decide for ourselves what is best for us and to be involved in >decisions that affect us. > >Let me now describe the organisation I represent which has the primary >responsibility advancing those rights. > >ATSIC: STRUCTURE AND RATIONALE > >The Aboriginal and Torres Strait Islander Commission (ATSIC) is an >independent authority established by a 1989 Act of Parliament. > >It is the peak national body for advocating and representing the interests >of Australia's Indigenous peoples. > >ATSIC's functions, as set out in the legislation, include: > >* formulating and implementing programs for Aboriginal and Torres >Strait Islander people; > >* advising the Minister for Aboriginal and Torres Strait Islander >Affairs; > >* monitoring the effectiveness of programs provided for Aboriginal and >Torres Strait Islander people; and > >* taking such actions as necessary to protect Aboriginal and Torres >Strait Islander cultural material. > >The legislation also gives ATSIC the scope "to do anything else that is >incidental or conducive to the performance" of any of its functions. > >The organisation began operating in March 1990, replacing two government >agencies. > >The key, distinctive element to ATSIC's structure is its representative arm >of 35 Regional Councils. > >Every three years, ATSIC conducts national elections to determine the >membership of these Councils. > >A staff of civil servants supports the elected arm. > >The organisation itself is built on the principle of self-determination and >local decision-making. > >ATSIC's elected representatives make decisions about projects, programs and >policies that affect our communities at both the local level and the >national level. > >Our Regional Councils are the centre of those processes. > >They develop Regional Plans that reflect community needs and priorities. > >ATSIC receives an annual allocation of funds from the federal government - >currently about one billion Australian dollars. > >This funding is funnelled through the Regional Councils to >Aboriginal-controlled organisations to deliver services. > >The Regional Councils also advise ATSIC's national Board of Commissioners - >elected by the Councillors. > >The Board is the national representative voice of Indigenous people. > >The Board develops its policies and views independently of any government. > >When necessary, the Board speaks out against government policies that have >an adverse effect on Indigenous people. > >HOT ISSUES > >There are a number of current issues in Australia that have seen division >between ATSIC, the government and parts of the non-Indigenous community. > >Reconciliation > >Australia is currently in 'reconciliation mode'. > >We are nearing the end of a 10-year process for improving understanding and >respect between Indigenous and non-Indigenous people. > >Unlike many other countries settled by the British (New Zealand, Canada, >United States), Australia has no treaty between the original inhabitants and >the settlers. > >Until very recently, there was little mention in the history books of the >continuing presence of Aboriginal and Torres Strait Islander peoples. > >Until 1967, the Australian constitution specifically excluded Indigenous >people from national affairs. > >Only over the last 30 years, has there been a gradual awakening to the gaps >in Australia's knowledge of itself. > >The prospect of a treaty was raised briefly during the 1980s, but the >government of that time quickly retreated to a softer position of a process >of reconciliation to try to heal division. > >Two weeks ago, the government-appointed Council for Aboriginal >Reconciliation formally presented to the government its documents on >advancing reconciliation. > >The federal government had previously indicated that it found parts of the >document unacceptable. > >The cause of reconciliation is widely established throughout the Australian >community, but it will take many years before we see change that provides >substantial benefit. > >In the meantime, our rights continue to erode. > >We must push for a treaty between the new nation of Australia and the people >of the original nations to achieve a real shift in the relationship. > >The stolen generations > >Reconciliation was necessary to because of for the crimes and negligence >committed against Indigenous people in the past. > >It was not until the mid-1990s that Australia began to learn about the >lengthy period in Australia's history when governments deliberately removed >the children produced by marriages between black and white Australians. > >>From the early 1900s until the 1960s, most Australian governments supported >so-called welfare policies that saw the forced removal of tens of thousands >of young Aboriginal children from their families. > >They were placed in white families or institutions to lose their identities. > >Governments believed this would lead to the eventual 'breeding out' of >Aboriginal culture. > >Extensive research in during the last decade revealed that this policy of >genocide had touched most Aboriginal families either directly or indirectly. > >The revelations provoked a great deal of controversy that continues today. > >Most state and territory governments and many churches and institutions >offered apologies for their part in these practices. > >However, the current national government refuses to make such an apology on >behalf of the Australian population. > >Native title > >A judgment in Australia's High Court in 1992 established the principle of >'native title' - a right to access land as the result of continuing cultural >associations. > >Native title is a specific Indigenous property right that takes account the >history of land use in Australia. > >In 1993, the Labor government of the period negotiated with Indigenous >people in the process of setting up the Native Title Act to process claims >for native title. > >In 1996, the new conservative government set about reducing the >effectiveness of the Native Title Act in response to complaints from the >mining and agricultural industries. > >The government passed amendments to the Act in 1998. > >Since then, those amendments have drawn criticism from the United Nations' >Committee on the Elimination of Racial Discrimination on three separate >occasions. > >To this date, the government has refused to accept those criticisms. > >The property rights of Aboriginal and Torres Straight Islander people remain >diminished as the result of a blatant act of racial discrimination. > >Mandatory sentencing > >Racial discrimination is also evident in the criminal justice policies of >the state of Western Australia and in the Northern Territory. > >Both these jurisdictions have adopted a policy of 'mandatory sentencing' - a >system of prescribed penalties for property offences such as theft. > >Judges have no discretion to administer justice according to the >circumstances, so we see people sent to gaol for possessing a stolen can of >beer or stealing a towel. > >As people with low incomes and few opportunities, Aboriginal and Torres >Strait Islander people are most at risk under this system. > >Young people become caught up in a cycle - they go to gaol for a small >offence and learn from others how to commit more serious crimes. > >The first Europeans to settle in Australia were convicts transported from >England as punishment for stealing a loaf of bread. > >Australia seems intent on returning to this harsh and unjust situation - but >this time with Indigenous people as the convicts. > >Intellectual and cultural property > >Yet while Australia has trouble dealing with its history, it is happy to >profit from the growing international interest in Aboriginal art and >culture. > >Tourism campaigns use images of Indigenous culture to market Australia's >identity. > >Art buyers in Europe and Asia spend big money on Indigenous art works from >Australia. > >Meanwhile, there is little protection available for the Indigenous artists >and craftsmen who manufacture the art and souvenirs for sale by >non-Indigenous businesses. > >Also, our knowledge of traditional medicines and plant extracts is open to >exploitation by pharmaceutical companies. > >There are no sanctions in Australia similar to the mandatory sentencing >regimes to inhibit the theft of knowledge. > >Heritage > >At the same time that native title rights were being reduced, Aboriginal and >Torres Strait Islander people lost some of the means for protecting our >heritage sites - places that are important for our traditional ceremonies >and for preserving our cultures. > >The present federal government has reduced the amount of legislated >protection it will offer us. > >It has returned the primary responsibility to the states and territories to >administer. > >This leads to differing standards across different jurisdictions. > >Given our past experiences with state and territory governments, we have >little reason to have confidence in their processes. > >CONCLUSION > >Distinguished guests, the issues faced by Aboriginal and Torres Strait >Islander people are varied and complex. > >We have made only limited progress in convincing our Australian government >to listen to us. > >The next few years will see our efforts to secure genuine political progress >by way of a treaty, an apology for past actions. > >But we will also be pursuing improved opportunities for our people in the >areas of health, education and employment. > >This forum is an opportunity for minority peoples to express their needs. > >Many of the issues I have covered today are issues for minority peoples in >other countries. > >I hope that governments will hear our words and respond with respect and >consideration to the matters raised. > > >Thank you. > > > > ------------------------------------------------------ RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." 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