She who stumbles

And a peak legal body representing Indigenous Territorians says the intervention has had the unintended consequence of prosecuting teenagers for having sex with each other.

Helen Wodak from the North Australian Aboriginal Justice Agency says a year on from the release of the Little Children Are Sacred report, its teenagers who are being targetted.

“We expected to see an increase in people being charged for sex offences with children and that’s not what we’ve seen. We’ve seen an increase in teenagers being prosecuted for having sex with other teenagers.”

Ms Wodak says the intervention has unevenly targetted Indigenous teenagers, but not other teens who are also having sex.

She says it may be a matter of racial discrimination.

from ‘Intervention under legal attack’ Posted Mon Jun 16, 2008 9:40am AEST; Updated Mon Jun 16, 2008 10:24am AEST, ABC News

When we say the intervention is “paternalistic” I think it literally refers to an authoritarian parental kind of control to which Aboriginal people — young and old — are supposed to respond with filial loyalty. And if you want to frame it in terms of the heterosexual nuclear family, then the framing of colonial state authority as “paternal” subtly invokes the gendering of community authority as “maternal”… which indeed a lot of community authority is, in the sense of being in the control of women.

I.e. the message is: mothers can’t take care of their children (blame women for men’s sexual abuse of children); children can’t take care of themselves (Aboriginal children are sexually irresponsible); Aboriginal men have failed in their patriarchal duties to protect women and children (and aren’t ‘real men’); Daddy State must step in and take a firm hand with them all. It’s a dynamic which repeats itself all over colonial regimes: disruption of familial (especially women’s) authority by an overarching colonial state patriarchy.

But what do young people (and I mean kids under the age of eighteen) have to say about the intervention? What must it feel like to live in an environment where your sexual decisions are ascribed either to depravity being visited upon you from outside, or your own internalised depravity? Where there is nothing to empower you to make sexual decisions for yourself?

If we frame (all) child abuse as an act of ageism — an effect of a political system which disenfranchises children and young people, which deprives them of the ability to make sexual decisions for themselves, which deprives them of a voice to speak about their sexuality (including abuses thereof) — then responses to child abuse which constrain children must also be viewed as abusive and ageist.

So why isn’t criminalising Aboriginal adolescents for having sex viewed as a form of sexual abuse of children? (A question which is based on a statement I made: you cannot combat sexual abuse of children by instituting a system of racial abuse.)

[Not dead, just gone to ground as the meatspace obligations spiral out of control.]

Please spread far and wide.

Endorsed by the national conference called by the Aboriginal Rights Coalition on Sunday May 25 in Sydney attended by over 200 people.

- Repeal all “NT intervention” legislation
- Restore the Racial Discrimination Act
- Fund infrastructure and community controlled services
- Sign and implement the UN Declaration on the Rights of Indigenous Peoples
- Aboriginal Control of Aboriginal Affairs

June 21 will mark one year since the Howard Government announced the NT intervention. Far from improving child welfare, the intervention has created a new wave of dispossession and is compounding social problems.

The Racial Discrimination Act has been suspended, land taken over and business managers imposed on communities.

The universal quarantining of welfare payments, the closure of many Community Development Employment Projects (CDEP) and the compulsory acquisition of Aboriginal property has forced thousands of people from their communities into urban centres.

Bagot town camp in Darwin, for example, has increased in population from 500-1200 people since the intervention. People are facing extreme hardship without jobs, services or stable accommodation.

While the Rudd Labor government made a symbolic apology for the Stolen Generations, in practice, it has retained and expanded Howard’s explicitly racist intervention laws. The government refuses to acknowledge the social break down taking place. They continue to deny protection under the Racial Discrimination Act.

Aboriginal people are suffering stark discrimination as they are forced to stand in segregated queues in Centrelink, in supermarkets and in schools. The practice of traditional culture is becoming impossible for many, unable to travel due to welfare restrictions. As Lyle Cooper, Vice President Bagot Community has said, “I thank you Prime Minister Rudd for your apology…(but) it’s an invasion all over again. We are being told where to shop, what to eat, how to act and how to live”.

Communities continue to stand up against the intervention. Scores of representatives from “prescribed areas” traveled to join the 2000 strong Canberra Convergence at the opening of the new Parliament. Many more will come from communities around the Northern Territory to protest in Alice Springs and Darwin as part of the national protests on 21 June.

One of the strongest examples is Yuendumu, where a strategy of non-cooperation has held off repeated attempts by the government to take over local programs and implement “income management”. Jeannie Nungarrayi Egan from the community council has said, “No body likes it, we have to control our own community, we’re going to push out the quarantine”.

Social Justice Commissioner Tom Calma recently released a report which demonstrates how NT intervention legislation contravenes numerous UN charters to which Australia is signatory, including International Covenants on Civil and Political Rights (ICCPR); on Economic, Social and Cultural Rights (ICESCR); and the Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

In July Jenny Macklin, the Minister for Aboriginal Affairs will begin a review of the Intervention. We need to bring thousands of people out onto the streets around the country to ensure grass-roots voices are no longer ignored. The new Government must break with the assimilationist policies of the Howard era. They must act on the UN Declaration on the Rights of Indigenous Peoples. A massive injection of funds and resources into communities is badly needed, but cannot come at the expense of basic human rights. Only an approach which respects self-determination will lead to improvements in community life.

Stop the intervention, Stop the Racism - Human Rights for all!

Sydney: 11am, The Block, Redfern
contact Monique Wiseman 0415410558 or Paddy Gibson 0415800586

Alice Springs - Mbantua: 2pm Court House Lawns
contact Barbara Shaw 0401291166 or Marlene Hodder 0889525032

Darwin: 10am Raintree park
contact Liv 0401955405

Perth: 11am Wesley Church, cnr Hay and William st
contact Natasha Moore 0434303248

Brisbane: 11am State Parliament, George st
contact Lauren 0413534125

Melbourne: 12pm State Library
contact Michaela 0429136935

Wollongong: 10am Lowden Square (east side of Wollongong Station)
contact Sheree Rankmore 42281585 or Tina McGhie 0415504589

Adelaide: details tba
contact John Hartley 0424943990 Sue Gilby 0431112898

Rally endorsed by the national conference called by the Aboriginal Rights Coalition on Sunday May 25 in Sydney attended by over 200 people. Support from Aboriginal leaders and activists includes: Barbara Shaw (Mt Nancy town camp, Alice Springs), Lyle Cooper (President of Bagot community, Darwin), Harry Nelson (President, Yuendumu community council), June Mills (Long-grass association, Darwin), Pat Eatock (National Secretary, National Aboriginal Alliance), Brian Butler, Shireen Malamoo, Millie Ingram, Pastor Ray Minniecon, Mitch, Peta Ridgeway, Heidi Norman, Shane Phillips

Supportive organisations include: Maritime Union of Australia (MUA NSW & NT), Construction Forestry Mining and Energy Union (CFMEU), Railway Tram and Bus Union (RBTU NT), Australian Services Union (ASU NT), Top End Aboriginal Conservation Alliance, Australians for Native Title and Reconciliation (ANTaR NSW & NT), Indigenous Social Justice Association, Alliance for Indigenous Self Determination Melbourne, Intervention Rollback Action Group (Alice Springs), Aboriginal Rights Coalition (Darwin, Sydney, Brisbane and Perth)

From a mailing list:
http://www.abc.net.au/news/stories/2008/02/27/2174099.htm

Welfare restrictions for WA Indig families

Federal Indigenous Affairs Minister Jenny Macklin has announced welfare restrictions for some Western Australian Aboriginal families in the same way they apply in the Northern Territory.

A Western Australian coroner recently delivered a scathing report into service delivery for the state’s Aboriginal people and called for welfare restrictions.

Ms Macklin has announced that she will adopt his recommendation.

“I am announcing that the Australian Government will proceed with a trial of welfare payment conditionality and income management to combat poor parenting and community behaviours in selected Western Australian communities including in the Kimberley,” she said.

Ms Macklin says the WA Government will be partners in a trial and will fund parent responsibility teams.

“[They will] work with Centrelink to improve parenting where children are being neglected and are at risk of abuse,” she said.

“As part of the case management of a family, Western Australian child protection officers will be able to request Centrelink require that a person be subject to income management.”

http://www.theaustralian.news.com.au/story/0,25197,23249316-5013172,00.html

Outback taskforce gets star chamber

Simon Kearney | February 21, 2008

A FEDERAL investigation into child sexual abuse and violence in Aboriginal communities has been given star chamber powers to imprison unco-operative witnesses after its 18-month investigation hit a wall of silence in the outback.

The granting of the status of a special intelligence operation is a significant upgrade of the Alice Springs-based taskforce running the investigation, and came only after members had to argue its case in front of Australia’s eight police commissioners.

The new powers put violence and child sexual abuse in Aboriginal communities on a par with outlaw motorcycle gangs and international crime syndicates as priority for law enforcement. The powers investigators will use are similar to those granted to people investigating a terrorist plot.

The Australian understands that investigators, while having significant success uncovering information, have been frustrated by the unwillingness of non-government organisations to provide formal disclosures.

In addition, people in Aboriginal communities are often intimidated into not disclosing crimes, such as child sexual abuse and domestic violence. Critically, the investigators have uncovered many communities run through intimidation and standover tactics by men involved in criminal activity, including abuse.

Anyone questioned in what is known as the star chamber is legally prevented from revealing that the interview occurred, except to their lawyer.

Australian Crime Commission chief executive Alastair Milroy told The Australian yesterday the aim of the new powers was to obtain specific intelligence relating to violence, child abuse and related offences of substance abuse and pornography.

“Coercive powers will provide a clear legal basis and protection for non-government organisations, state and territory authorities, service providers and individuals to provide confidential information, as well as an environment that is more conducive to gathering personal testimony,” he said. “The approval of coercive powers was considered essential to overcome impediments in accessing information collection relating to indigenous violence and child abuse.”

Mr Milroy said the powers would not be used to target victims. The star chamber may travel to communities, if necessary, taking into greater account the need in many cases to protect the identity of witnesses being questioned.

The 31-strong National Indigenous Violence and Child Abuse Intelligence Task Force has made significant inroads exposing an epidemic of child sexual abuse and violence similar to revelations contained in the Little Children Are Sacred report, which was released in June last year and prompted the Howard government’s emergency intervention in the NT.

As of Tuesday, the taskforce had provided police and child protection authorities in every state and the NT with 236 reports that could be used in subsequent investigations.

The star chamber inquiry is carried out by an independent examiner.

The findings of inquiries cannot be used in court but the disclosures can be passed to police to investigate later.

Initially, the powers would be used to force organisations and individuals to produce documents from which further inquiries would be launched, Mr Milroy said.

“The ACC will utilise coercive powers in a culturally sensitive manner in order to identify offenders and obtain specific intelligence relating to violence, child abuse and related offences of substances abuse and pornography,” Mr Milroy said.

The taskforce is expected to continue its work until the end of this year before presenting a comprehensive report to the nation’s police commissioners in the middle of next year.

There are NO WORDS.

None.

I absolutely cannot believe that they would do this and have the nerve to try to cover themselves in glory by “apologising” for kidnapping Aboriginal children at the same time as imposing this authoritarian, racist horror on Aboriginal children now.

Here’s a newsflash, Kevin: if you apologise, but keep doing the same harmful things you were doing that you had to apologise for, then it becomes clear that you’re not only insincere and untrustworthy, but also an opportunistic, manipulative abuser.

Stand up for Aboriginal rights on the first day of the new parliament!

Tuesday, February 12 2008
Meet Aboriginal Tent Embassy 11:30am
March to Parliament for 1pm rally

Turn back Howard and Brough’s racist legacy!

- Reinstate the Racial Discrimination Act
- Demand immediate review of the NT intervention
- End welfare quarantines, compulsory land acquisition and
‘mission manager’ powers
- Implement the UN Declaration on the Rights of Aboriginal People
- Aboriginal control of Aboriginal affairs

In the final months of government, John Howard introduced a package of discriminatory, unfair and punitive measures against Aboriginal people in the Northern Territory. Aimed at controlling Aboriginal lives and land, the legislation was a stark violation of basic human rights and dignities.

Federal Labor is promising a new era in Aboriginal affairs. They are pledging to say sorry to the stolen generation and to sign the UN declaration on the Rights of Indigenous People. They have promised to restore both the CDEP (Community Development and Employment Program) and the permit system, which will ameliorate some of the worst effects of the NT intervention.

Unfortunately there are aspects of ALP policy that is still disturbingly similar to the Liberals’. Plainly discriminatory measures such as mandatory welfare quarantines, compulsory land acquisition and the presence of non-Aboriginal “business managers” with extraordinary powers are being suffered under right now. There has been no move to allow the operation of the Racial Discrimination Act. The cry for immediate review of the legislation coming from across the NT has been ignored.

The Labor Government must comply with accepted international human rights laws and standards of non discrimination, equality , natural justice and procedural fairness. Legislation being implemented in the NT breaches commitments Australia has made as a signatory to major human rights treaties and conventions; such as the Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights. The Human Rights Commission must immediately review the legislation to ensure compliance with these obligations.

The federal election revealed overwhelming opposition to the intervention among Aboriginal communities. When Labor MP’s in affected areas emphasised political differences to the Coalition they consistently received over 80% of the vote; with 95% in the town of Wadeye.

Despite government claims that the intervention is a response to the Anderson & Wild “Little Children are Sacred” report, no new community-based services to ensure the safety and protection of children have been established, and there has been a notable duplication of services - particularly in the area of child health checks. There is an urgent need for delivery of essential services, infrastructure and programs genuinely targeted at improving the safety and well being of children and developed in consultation with communities. Huge amounts of public money have been wasted, with $88 million alone going towards bureaucrats to control Aboriginal welfare.

Moving Forward
A vibrant, mass convergence Canberra on the first day of parliament will be an important step in challenging the lingering legacy of Howard’s racism. We can strongly push for an immediate end to what Aboriginal communities have themselves described as an invasion. We can send a strong signal to Kevin Rudd and his new government to put Aboriginal rights at the centre of their agenda; to massively increase the resources available to communities across Australia and to respect Aboriginal control of Aboriginal affairs.

How to get there!
Buses will be leaving from the Block, opposite Redfern Station, on Tuesday 12 February. Get there at 7am for 7:30am departure.

Ring Janene to book a seat on the bus – 0416 490 481 - $20 ($10 concession).

If you are interested in going down to Canberra on Monday 11 Feb, let us know that as well. Bus times for Monday are still being confirmed.

Initiated by the Aboriginal Rights Coalition, Sydney. Come to the meetings 6pm every Monday at Redfern Community Centre, Hugo St.

Contact:
Shane Phillips 0414077631
Greg Eatock 0432050240
Read the rest of this entry »

The government has announced that it will close the Nauru immigration detention centre and end the ‘Pacific solution’. 74 of the 83 asylum seekers on Nauru will be granted refugee status and full protection. The excision zone will be moved back to 2001 borders, meaning that new boat arrivals within Australian waters will be given legal protection.

However, the Christmas Island detention facility (which is currently not operational) will still be detaining refugees.

I’ve also heard that the ALP will abolish temporary protection visas (TPVs) and make substantial changes to mandatory detention arrangements, but those developments have yet to be documented. More updates as government moves!

December 17 is the International Day of Action to End Violence Against Sex Workers. I have a post in the works, but for now I’ll just re-post the call-out posted in the Feminist Sexuality Discussion LiveJournal community:

The official date is 17th December, but since we’ll have a bunch of out of town sex workers in Sydney on the 13th, we decided to do it then.

Instead of focusing JUST on the old demonising-clients victimising-workers stance that always takes precedence to the detriment of other, equally as important, issues, this year our focus is to be on other forms of violence, e.g.: the violence that comes from discrimination, unfair legislation, denial of basic human rights.

It is all these factors that actually create the environment in which physically and sexually violent people target sex workers.

SO. PLEASE COME AND SHOW YOUR SUPPORT, OPEN TO SEX WORKERS AND OUR SUPPORTERS.

4.45 for a 5pm start, Thursday 13th December 2006,
Local Council and Shires Association, corner of 28 Margaret Street Sydney,
corner of Margaret and York Street, 50 metres from Wynyard Train Station.
THIS IS A HIGHLY PUBLIC, PROMINENT PLACE IN THE CBDand will be taking place at peak hour as people start heading home orout for late night shopping! If identity is a concern to you, please feel free to wear a mask, or other disguisng clothing.

Sex workers and supporters in NSW are holding an end of year protest against the unfair brothel closures that local councils have led in NSW, thanks to the laws introduced by the Iemma Government in July thisyear.

Many Local Councils in NSW have discriminatory planning policies that make it impossible for the sex industry premises to be compliant. These Local Councils more recently have taken the extra step of enacting the new brothel closure orders against brothels, on the basis of complaints from larger brothel owners.
It gives councils the power to:
- shut off water
- shut off electricity
- evict people with no notice
- do all these things based on one complaint
and is a violation of basic human rights!
To register ‘legally’ as a brothel, the cost is prohibitive (over $20,000)and illogical planning policies make it difficult for small business to comply. Larger brothels who can afford the fees then target the smaller places. Under NSW legislation, an independent worker is defined as a’brothel’; meaning large brothels can also eliminate this sort of competition by making complaints against independent workers.
MOST INDEPENDENT WORKERS DO NOT WANT A BIG YELLOW SIGN ON THEIR FRONT DOOR STATING THEIR INTENT TO RUN A SEX BUSINESS, AS COUNCIL CURRENTLY REQUIRES!
There have already been several cases of council workers demanding bribes or sexual favours in exchange for looking the other way!!!!

The closures are anti-competition, anti-sex worker, and are the worst case of state sanctioned violence against the sex industry in Australia.

Stop State Sanctioned Violence Against Sex Workers
Carry a red umbrella for the International Day to End Violence Against Sex Workers
We demand local council policy INCLUDE the sex industry, and stop discriminating against sex workers
We demand an end to anti-competition collusion by local councils - stop the corruption erruption!

Wear red, bring an umbrella and see ya there!

EDIT: This report contains errors and is based on second-hand accounts. It was Northern Territory police (not Federal police) who conducted the raids checking outstanding warrants. The reports of surveillance cameras has not been confirmed, and the reports of the Muckaty station women has been questioned.

This letter circulated a few months ago, but it has resurfaced on some e-lists I’m on. I wanted to blog then, but I was on my hiatus and couldn’t justify taking the time to do it.

Read the rest of this entry »

In the past two weeks, the New Zealand government has cracked down heavily on civil liberties, with a series of raids of the homes of activists around the country. The arrested activists are known as the ‘Urewera 17′. This weekend saw thousands take to the streets in marches for solidarity.

The Civil Rights Defence Committee summarises it as follows:

In a wave of massive state repression, 300+ para-military Police, in many cases armed, raided houses around the country on Monday October 15th 2007, making 17 arrests. Search warrants were carried out in Auckland, Whakatane, Ruatoki, Hamilton, Palmerston North, Wellington and Christchurch. The warrants mentioned that the Police were searching for evidence for possible charges under the Terrorism Suppression Act 2002 (TSA), making this the first time the Act was invoked in a search warrant. The arrestees have been active in the Tino Rangatiratanga, peace and environmental movements and in their communities.

Prominent Tino Rangatiratanga activist Tame Iti was among the first arrested at his home at 4am Monday morning. At 6am raids were carried out at A Space Inside anarchist social centre in Auckland and the 128 activist Community Centre in Wellington. In Tuhoe Country, the towns of Ruatoki and Taneatua were blockaded by armed police for several hours, with no cars allowed in and many searched, including a school bus full of children.

All the arrestees were charged with various breaches of the Arms Act and most recieved multiple charges. Police have said they may still lay further charges, including under the TSA. In order to lay charges under the TSA, Police must get permission from the Solicitor General. All but two of the arrestees, Tame Iti and Jamie Lockett, have recieved name supression.

Since the initial arrests, many people around the country have been questioned by police, more properties have been searched, and one more arrest has been made.

On Tuesday October 16th, Jamie Lockett applied for and was granted bail in the Auckland District Court. Later the same day, the Police appealed to the High Court and bail was revoked. An arrestee was bailed in Palmerston North on Wednesday 17th under restrictive conditions.

Support for the arrestees has been vocal across the country, with many solidarity demonstrations and packed courtrooms. There have also been demonstrations in Australia and messages of support from around the world.

The past week has seen a number of protests around the world in solidarity with the arrested activists. From Aotearoa Indymedia:

The Global Day Of Action in solidarity with those arrestes, harassed and questioned on and since October 15th has seen over 2000 people take to the streets across Aotearoa, while overseas, solidarity protests took place in many other parts of the world.

Auckland saw around 1000 people take to the streets of the central city, then march to the Remand Prison in Newmarket where many of the prisoners are being held. The protest was addresses by Rongomai Bailey, recently released on bail, amongst others.

Ana of Whenua, Fenua, Enua, Vanua re-posted this call for solidarity from the families of arrested Maori activists:

Dear Friends, Colleagues and Family,

It is in great distress that I am urged to write this appeal and to inform our international community of the recent events that are happening within Aotearoa (New Zealand) social justice, environmental justice and indigenous movements.

For the past 60 hours Aotearoa activists have been subjected to home invasions,raids and interrogation under threats of terrorist activities against the state.The Crown has decided to employ its
recent Terrorism Suppression Act to lockdown on social justice activist, movers and shakers and this is now world wide news with many of our close friends and families houses (mine included) being
invaded, possessions confiscated and charges being threatened which will allow for solid activists to be charged under the Terrorist Suppression Act that carries sentencing for life.

The ages of people currently under custody range from 18 – 64. Many of us being implicated in this investigation are young people trying to do good things for our communities.We are headed into an election year and these events are the largest scale operation headed by special operations from the head of states office. We have difficulty in
understanding the timing for these invasions of our privacy except for political campaigning off of our backs.The indigenous movement for self - determination is what is being blamed by the media for instigating acts of terrorism.

The Police showed up at my house with files of my activities over years, my phones have been tapped for years, my house under surveillance and everything subject to their review. We have not been involved in any activities that could allow the police to make these claims and the distress they are causing for our families and children
is devastating.

Right now we are fighting for friends in Police Custody to make bail. A number of these requests have been denied. A number of people are
now been moved between prisons and I will be liaising with them and their families.

Court costs, travel costs, food costs and lawyer costs are above the heads of many of our people and we are asking for support from our communities both national and international to come to our aid in this time of need.’Terrorism’ world wide has become a cause for unjust state intervention into the lives of many peoples committed to change
and now we are seeing that reality play out here in our own backyards within our own community.

Please support us in anyway specifically: Sending your concerns against state interventions to Annette King, Minister of Police aking@ministers.govt.nz
and to your local New Zealand Embassy’s;- By
sending financial support towards the Family Support Network to assist with food, travel expenses and Court costs and; By sharing our stories with your own networks.We have had some international support by indigenous brothers and sisters by way of protests on the streets
outside the NZ Embassy’s, we encourage any of you to organize and do the same. Thank you all for taking the time to hear what is happening
for us here in Aotearoa, these are very troubling times.

For further information please refer

to:www.indymedia.org.nz/

www.stuff.co.nz/4240168a25364.html

Most of our Internet sites have been taken down also in relation to these chain of events however all responses and correspondence can be
made through me.

Mauriora,

Kiritapu Allan Co – Director, Conscious Collaborations

www.conscious.maori.nz/
Collaborations

www.conscious.maori.nz/
Related

* http://www.conscious.maori.nz/
* http://indigenist.blogspot.com/

More info available at http://www.tangatawhenua.com/ and http://indigenist.blogspot.com/.