ANTaR (Australians for Native Title and Reconciliation)

Today, the Federal government announced it would endorse the United Nations Declaration on the Rights of Indigenous Peoples next Friday.  The endorsement is a significant decision and a step forward for Australia because together with its commitment to closing the gap and the Apology it reveals Indigenous issues as a very clear priority of the government.

The Declaration is a framework that states can adopt in their relationship with Indigenous peoples and may guide them in the development of domestic law and policy.  It is accepted that it will be used daily in relation to our dealings with government departments at all levels.

Importantly it also signals the gradual re-commitment of the Australian state to international human rights law and multilateralism which is also important to Aboriginal and Torres Strait Islander communities, particularly given Australia has indicated it will bring the NTER into line with Australia’s obligations under the Convention on the Elimination of Racial Discrimination (CERD) and the Racial Discrimination Act.

The UNDRIP was passed on 13 September 2007 by the General Assembly.  The Declaration was a major objective of the United Nations International Decade of the World’s Indigenous Peoples (1995-2004).

It took over twenty years to adopt the UNDRIP and many Aboriginal and Torres Strait Islander people were involved in the drafting of the text especially former ATSIC leaders, HREOC Aboriginal and Torres Strait Islander Social Justice Commissioners, Les Malezer, Frank Guiverra, Neva Collings and non-Indigenous barristers such as Dr Sarah Pritchard.

The genesis of the UNDRIP was the United Nations Working Group on Indigenous Peoples which developed the idea for an international instrument that recognised the distinct cultural rights of Indigenous peoples and international standards that provided a framework for redressing the injustices of dispossession within the state system.

Any Declaration of the United Nations General Assembly is non-binding or what is known as “soft” international law.  The text creates no new rights in international law nor does it create any binding legal obligations in domestic legal systems.  However it has symbolic significance, strong moral value and is often referred to as “aspirational” - which means that states must work towards the realisation of the UNDRIP together with Indigenous peoples.  The spirit of the Declaration is about self-determination and participatory rights - having a say in the decisions that affect yourself and your community.

The suggestion that the Declaration goes above and beyond Australian domestic law is untrue.   Nor does it elevate Aboriginal customary law above domestic law.  Indigenous peoples agreed in the drafting groups prior to the adoption that the Declaration should be explicitly subject to democracy, the rule of law, principle of state sovereignty and territorial integrity.  Article 46 reads:

1.  Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

2.  In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law, and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic
society.

3.  The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

This week I am excited to be heading to Adelaide for the National Indigenous Representative body workshop.

Last year I made a submission to the initial Public consultation stage based on my doctoral research.  I strongly believe that we have the opportunity to be innovative in the design of a new representative body.  In particular, we should be imaginative in how we respond to the concerns of representation.  I am concerned with how we can adequately represent the voices of Indigenous youth who make up the significant portion of our population.  Also, I am concerned with how Elders voices can be better incorporated into the work of a representative body.  Former ATSIC Commissioner Brian Butler raised this as a critical issue for Elders during an ABC Radio National panel on the new representative body that I was a participant in. 

As my submission reflected, I also worry about the way in which Aboriginal women may become marginalized in any new political structure.  There is much evidence of the way in which mainstream political structures marginalise women and women’s issues. And certainly there is ample evidence to suggest ATSIC also marginalised Aboriginal women’s issues (as most minimalist “ballot box” structures do). But I do not believe establishing a “special” women’s council separate to a main representative body is enough to ensure that women’s needs and interests will be adequately met.  In fact “special” councils separate to a main decision-making body is already a clear concession to inadequate representation. 

Of course, all of this depends on the particular model that is chosen. At this stage it has been suggested by Tom Calma that there is no preference for any particular model.  I strongly believe that the work of the body should be underpinned by the United Nations Declaration on the Rights of Indigenous Peoples and international human rights law.  It is an appropriate foundation upon which the state should engage with Indigenous communities.  In particular the DRIP does provide that States shall takes measures to ensure that Indigenous women and children enjoy the full protection of the law and guarantees against all forms of violence and discrimination.  This would make the issue of violence against women and children central to the agenda of any future body’s work. 

One of the areas that has suffered in the absence of a representative body is law reform and international human rights law advocacy.  Law reform will be an important task of the new representative body in a number of areas.  For example, in terms of the states commitment to the rule of law and equality before the law, funding to Family Violence Prevention Legal Services and Aboriginal Legal Services is critical.  The unresolved issue of the Racial Discrimination Act and the measures under the Northern Territory Intervention will also be relevant.  Also, urgent coronial reform is required as advocated by the authors in the Indigenous Law Centre’s Australian Indigenous Law Review special edition on coronial reform and preventable Indigenous death. Native Title is also an area of law reform that requires leadership and an organized approach to put pressure on the state for more equitable outcomes to ameliorate the impact of the common law’s misinterpretation of native title.

One of the core objectives of a new body should be be constitutional reform and reconciliation which will be one of the most important aspects of the new body’s agenda.  Reconciliation Australia is playing an important and effective role in reconciliation and the representatives of this new body will be able to engage Indigenous communities across the country in an effective and meaningful way, taking the personalities and politics out of reconciliation as a national process.

The new body should have a review role to evaluate the progress of state and federal expenditure.  This is really crucial in terms of negotiating the complexities of the federal system and also redressing the inertia that federal departments and state governments exhibit when it comes to issues of Indigenous peoples. One thing everyone agrees on is that any future body should have no role in service delivery.  The hybrid structure of ATSIC that included service delivery allowed state and federal governments to pass the blame onto ATSIC for their own failings and for the problem of disadvantage in Aboriginal communities.

Finally, it is of vital importance that the activities and the decisions of the body are open and transparent. This is the only way to engender a sense of participation and ownership over a new body.  For any public institution to be successful, individuals and communities have to have faith in its objectives, processes and its leadership. 

Certainly, one hopes that this new body will offer up new and vibrant leadership from communities.  It is time for a new generation of male and female Indigenous leaders to have their voices and their ideas heard.  It is time for new approaches and a revitalized discourse that appeals to and engages the current generation of Indigenous children and young adults who walk between two worlds and who are as affected by popular culture as they are their own culture.  Not only are we a youthful community but we are a highly urbanized community.  Research showed that ATSIC representation was weighted in favour of regional and remote communities even though the majority of Aboriginal people live in urban areas.  And so it is hoped that the new leadership reflects fairly and equally the diversity of individuals who make up the Indigenous population in Australia.

But of course to do that one has to step up to the plate, make and effort and become actively involved. 

Lastly, congratulations to Queensland for winning the Imparja Cup for the second year in a row - special congratulations to my older brother Will Davis, the old man of the team.

Kargaru Productions - $23.95
ISBN: 9780646484228

Many of you reading this will have heard of the Wilcannia Mob – five young lads from the town in far west NSW, about 11 hours drive from Sydney and 200kms from Broken Hill. Out of nowhere in 2002, they became overnight sensations with their song Down River (recorded on a compilation All You Mob ) when it became a #1 hit on the Triple J airwaves after a series of hip-hop workshops in Wilcannia.

So, who are the deadly lads?
There’s Walter James Ebsworth, know as Wally. Buddy Stewart Blair, Lendal Isaac King, Colin Roy Johnson, known as Colroy and Keith John Dutton known as Keithy. They call themselves the Barkandji Boys, you see, Wilcannia is the land of the Barkandji people. Barka means river, and the Barkandji people are river people and the boys sing about the river and what they do there.

So impressive was their accidental debut hit that Midnight Oil asked to use Down River as a warm up track for their gigs for the rest of the year. They boys were also invited to perform at Homebake on the main stage in Sydney that year, making them the youngest ever to perform at what is Australia’s largest ‘Australian-only’ music festival.

Further success for the song and the lads included:
* The album All You Mob was listed in the top 10 alternative albums of the year in 2002 in the New York Times.
* Down River was included in the Triple J Hottest 100 in 2002.
* Down River was nominated for the Best New Single in the 2002 Deadlies, AND WON!

Now there is a book to tell the story of the journey. Down River: The Wilcannia Mob Story is a 48 page, full colour illustrated version of their group’s story, but it includes the important role of their families and their community. It traces their origins from a makeshift recording studio in a town long forgotten, to becoming over night celebrities with international acclaim. It is a story of hope, which shows us that when hearts are open and people work together, anything is possible.

I want to point out that projects like this in the book format, are always more than just a story. This book also tells the story of the history and language of the area.

According to Murray Butcher in the book, who teaches Barkandji at the Central School in Wilcannia, “The Barkandji language group spreads from down on the Murray-Darling Junction right up to about Bourke, half-way across to Cobar and Ivanhoe, down, right down across into South Australia, Broken Hill and over to White Cliffs.”

Down River: The Wilcannia Mob Story the book is a useful resource to share with your / our kids to inspire them and get them to do something together in their own communities – write raps, write poetry, take photos, make stories, keep a journal, act like roving reporters themselves and tell the news of their local area.

Down River: The Wilcannia Mob Story is made up of photos, bios and song lyrics and a timeline of how the journey has played out so far – somehow I think there’ll be another book in the future…

I’d like to encourage you all to go down to your local libraries today and ask them to order it in. When school goes back, tell the teachers to check out the website and order the book as well and to use the site in the classroom.

You can order the book on-line and also listen to and sing along to Down River with everything happening on the site: http://www.downriver.com.au/

Speakin’ Out Blak: An examination of finding an “Urban” Indigenous “Voice” through contemporary Australian Theatre
By Ernie Blackmore

VDM Verlag GERMANY ISBN: 978-3-639-06884

I first read this work when I marked is a thesis for the Doctor of Philosophy – School of English Literatures, Philosophies & Languages, University of Wollongong a few years ago. To see it in print now, published by a German house, is a thrill.

To say Speakin’ Out Blak is a mixed bag of knowledge, analysis, information and insight, would be an understatement. Within these pages, Blackmore’s “ordinary, creative and academic voices” have cleverly woven his own life experiences with academic analysis and creative ideas, to uncover and unpack broad ranging topics and issues. These include: colonizing dramaturges, notions of truth, the reconciliation process, Indigenous voice, the Stolen Generations, perceptions of homogeneity, denial and creation of identities, the role of theatre, mutual obligations and shared responsibility agreements, HIV/AIDS, euthanasia, Indigenous protocols, DTW models for teaching and much more.

The range of issues and the way in which they are presented, takes this book way beyond the academic boundaries of English and Creative Writing, but into the areas of History, Social Work, Psychology and Cultural Studies.

Blackmore positions himself as an Indigenous writer and critic, so as a reader we are aware that his words are filtered through both those lenses, experiences, knowledges and realities. And he has set himself a difficult yet important task in considering Indigenous voice in contemporary Australian theatre - as theatre - of all the writing forms - is the least considered in academic circles; there is much critical analysis of Aboriginal poetry, life writing and more recently, fiction. Perhaps this is because theatre as performance, has been part of Aboriginal society since the beginning of time, and only in the last four decades has it taken on the role of demonstrating, showcasing, and explaining the realities of contemporary Aboriginal lives. Either way, Blackmore has invested his time and energy into consolidating existing material with significant input of his own analysis and creations, delivering for the academy a much needed injection into the discourse around Aboriginal Australian theatre.

Aboriginal Australians struggle daily with perceived notions of our society and culture being confined to remote and rural areas, where the real blackfellas are, where the real culture is, and where voice and representation must be sought. Contrary to this popular belief, the reality is that the bulk of Aboriginal Australia lives in urban centres.

Speakin’ Out Blak makes the statement that an urban Aboriginal voice at every level is needed in Australian theatre.

As an educational tool, particularly for Australian students, theatre is an engaging and non-confrontational way to deal with significant issues such as the stolen generations. For this reason I hope that the future seas a touring production of Blackmore’s own play Waiting for Ships. Blackmore’s Positive Expectations – also included in this publication -left me emotionally drained, the sign of powerful creative writing.

I’d like to congratulate Ernie Blackmore for his valuable contribution to the body of knowledge around Aboriginal politics, culture, the arts and academia. Speakin’ Out Blak will serve to generate new conversations not only around Aboriginal theatre in Australia, but around the notions of voice, representation, identity and the place of Aboriginal people in Australian society every day.

Campbelltown Arts Centre
ISBN: 978-1-875199-55-6

“Stories of resilience and inspiration” is how I would sum up this collection of oral histories with 15 local Aboriginal women residing in the Campbelltown District. They are stories that resolve issues for each of these women, and help the younger generations understand the lives we are fortunate to have today.

Many stories revolve around the history of the local areas these women have come from across the State and even Victoria, and life under the Protection Act including mission life, as well the negative effects of alcohol and domestic violence on the family. But most stories end with life today in Campbelltown and the roles the women play in community activities such as the street patrols Gladys Lock is part of.

The stories are about reconciling the past for these women. Marnie Williamson says, “Reconciliation must begin within ourselves. As elders, we must strive to reconcile our own past, somehow make sense of it, or we’ll always live in this voice, shadows in our own land.” And in trying to reconcile such stories of hardship, the women also recall the funnier side of life and growing up, such as the first time Verna Barker saw a plane and how she screamed thinking it was aliens coming to get her.

I was astounded at the size of the families that some of these women raised and continue to raise. Jenny Brown had four kids of her own but raised another 600 foster kids, while Christina Craig has 93 grand kids.

Some stories were also interesting local histories such as Glenda Chalker’s entry about living at Pheasant’s Nest, which is named PN because it’s the first place lyrebirds were recorded at. The Lyrebird is also Glenda’s totem, so she feels especially at home at Pheasant’s Nest. I’ll remember that when next I drive to Canberra along the M5.

Most women had key messages for their children and for all young people. Sue Davis’ message was that we should respect one another, respect culture and respect ourselves. In line with that Kylie Dickson believes that “to earn respect, you’ve got to give respect”. Artist and painter Sue Grant advises that you should follow your spirit and your dreams and be proud. And Julie Hoffmanbeck’s words to her children and other parents are “The most important thing is protecting you and your kids.”

Judy McKay recommends taking one day at a time, enjoying a sunset or a sunrise, the birds chirping, and the smells around you. And to never lose the little child inside.

Some of the stories are about achievement for these women, and that is measured in different ways. For Norma Layt her greatest achievements in life were going to uni, buying her own home and bringing up seven children. I would’ve thought one of those would be enough!

The book is really about the role of the mother and other key women in our lives and Alana Moffatt talks about the guidance and knowledge she got from her Mimi (grandmother) and how that’s where her drive stems from.

Each short autobiographical narrative is complimented by a beautiful black and white portrait by Mervyn Bishop.

Finally, Ruby Langford Ginibi says she tells her stories to make things change and to make people wake up. And this collection of truly hard lives lived, by women who are not bitter or twisted, but who are full of love and compassion should really make some of our young people wake up to themselves and see that what they enjoy today is a far cry from what our old people had to endure.

This is an inspirational read about women, many whom were born in dire conditions and raised without the basic human right we enjoy today. Show them you appreciate their generosity of spirit to tell their stories by reading them, and in turn you will show and that they deserve a place, as Mona Porter says, “My philosophy is that in the world, it doesn’t matter who you are, where you are or where you are from, you deserve your place in this world.”

This small volume is a gift to the Campbelltown community by these women, through the Campbelltown Arts Centre who coordinate the Campbelltown Intergenerational Aboriginal Project, through which this book was completed.

TO ORDER CONTACT:
Campbelltown Arts Centre
PO Box 57
Campbelltown NSW 2560
Email: artscentre@campbelltown.nsw.gov.au
Phone: 02 46454111
Drop in to the Cnr of Camden and Appin Roads Campbelltown