This media statement is listed on behalf of the National Native Title Council of which the GLSC is a member

In a submission to the Federal Government’s Northern Territory Emergency Response Review (Yu Review), the NNTC has expressed strong concern with regard land management measures that are unnecessary and infringe on peoples’ human rights.  

“While in no way wishing to undermine the importance of protecting women and children, the NNTC believes the law facilitating the intervention went beyond acceptable community standards and contravened national and international standards,” said Chairperson Brian Wyatt.  

“A major concern is the ongoing suspension of the provisions of the Racial Discrimination Act 1975 (RDA), and the high-handed approach to Australia ’s international obligations in relation to the prohibition of racial discrimination.  

“It is unacceptable that Aboriginal people whose land rights have been affected are also denied access to the complaints procedures under the RDA, as well as the Human Rights and Equal Opportunity Act 1984 (Cth), and the Federal Court of Australia Rules.  

“This intolerable racial discrimination is contrary to Australia ’s obligation under the International Covenant on Civil and Political Rights, which ensures that any person whose rights or freedoms are violated shall have an effective remedy.”

The NNTC is also concerned about the doubtful characterisation of many intervention measures as ‘special measures’. International jurisprudence and UN standards regard special measures as ‘reasonable and proportionate means of achieving substantial equality’ and ‘permitting, for a time, affirmative action or preferential treatment’.

“The NNTC does not accept that the actions under the intervention law constitute affirmative action, in particular, the compulsory acquisition of five-year leases over Aboriginal land.  

“The compulsory acquisition by the Federal Government of five-year leases over Aboriginal land is one of the most discriminatory aspects of the NTER measures.  

“Under the guise of protecting children from those who abuse them, the law has advanced a far-reaching and unrelated land reform agenda whereby a Commonwealth Minister has acquired enormous power, many of which are exercised without the scrutiny of Parliament and without any possibility of judicial review.  

“Immediately a five-year lease is created, the Minister may terminate people’s rights and interests in that land. Plus, the question of compensation for landowners is uncertain and would be handled using different statutory processes than those used for non-Aboriginal landowners.  

“Furthermore, the creation of the leases puts a stop to the procedural and negotiation rights that Aboriginal people may have had under the future act provisions of the Native Title Act,” Mr Wyatt said.  

The NNTC wants the Federal Government to amend the legislation facilitating the Northern territory intervention to correct the failings highlighted in its submission.  

Media contact: Brian Wyatt 0417 970413; David Berry 0417 963089