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OPINION<br />
All Eyes on the Northern Territory<br />
CHERYL AXELBY, CHIEF EXECUTIVE OFFICER, ABORIGINAL LEGAL RIGHTS MOVEMENT<br />
“Indigenous peoples have the right to selfdetermination.<br />
This means that they choose<br />
their political status and develop as they<br />
want.” 1<br />
have committed personal and working<br />
I time to self-determination for our<br />
peoples through the “Change the<br />
Record” coalition and attending the<br />
Uluru Convention in May, 2017. We, as<br />
Aboriginal and Torres Strait Islander<br />
peoples, have the solutions to these<br />
complex problems. Our voice is not being<br />
sought or listened to. It’s time for our selfdetermination<br />
to be respected.<br />
This year, all eyes have been firmly turned<br />
towards the Northern Territory due to:<br />
• The Uluru Convention in May looking<br />
at Constitutional Reform;<br />
• The Royal Commission into the<br />
Protection and Detention of Children<br />
in the Northern Territory;<br />
• The decision by the local Traditional<br />
Owners to ban the climbing of Uluru;<br />
• High incarceration rates of young<br />
Aboriginal people as young as 10 years<br />
old<br />
When we think of the Northern<br />
Territory and Aboriginal Australia, the<br />
culturally significant site of Uluru is never<br />
far from our mind. It was at this deeply<br />
spiritual and sacred site on 26 May, 2017<br />
that a delegation of 250 Aboriginal and<br />
Torres Strait Islander peoples spoke with<br />
a united voice and released the “Uluru<br />
Statement from the Heart” 2 calling for a<br />
constitutionally enshrined First Nations<br />
Voice to Parliament.<br />
This was the culmination of the<br />
Referendum Council’s extensive process<br />
that was supported by all sides of<br />
government. However, despite claims of<br />
wanting to enter into a meaningful dialogue<br />
with Aboriginal Australia, the Turnbull<br />
government rejected the Referendum<br />
Council’s Report 3 , its advice and<br />
subsequent recommendations including the<br />
Uluru Statement.<br />
Of course, this did not come as a surprise<br />
for many Aboriginal and Torres Strait<br />
Islander peoples. It is not the first time we<br />
have been asked for our opinions only to<br />
have them ignored.<br />
The road towards constitutional reform<br />
has been continuously fraught with<br />
impasses, political backtracking, locked<br />
doors and deaf ears that has left many<br />
advocates frustrated with the entire process.<br />
The lack of movement in this area is<br />
not only noticed by Australians. In 2017<br />
the UN Special Rapporteur, Victoria<br />
Tauli-Corpuz, expressed her support for<br />
constitutional reform and its “fundamental<br />
importance” as a process that “celebrates<br />
the history and cultural heritage of the<br />
First Peoples of Australia and provides<br />
a key measure of reconciliation by<br />
acknowledging their role in the national<br />
identity”.<br />
Giving a voice to First Nation Peoples<br />
will ensure that stronger and more<br />
effective decisions are made when<br />
passing laws, policies and practices that<br />
directly affect our people, and indeed<br />
this is a fundamental right under the<br />
UN Declaration on the Rights of<br />
Indigenous Peoples. 4 Despite endorsing<br />
this Declaration in 2009, the Australian<br />
Government has been called out for its<br />
“failure to respect their rights to selfdetermination<br />
and to full and effective<br />
participation…”.<br />
As a nation, Australia has a tendency to<br />
deny and shy away from the confronting<br />
truths of our past and our present but<br />
in turning a blind eye, we allow for the<br />
continued impact on our people to this day,<br />
right down to the youngest of generations.<br />
Aboriginal children as young as 10 years<br />
old, are being removed from their families,<br />
community and country at alarming rates.<br />
Add to this the fact that while in custody,<br />
our children suffer atrocities of abuse,<br />
humiliation and neglect, we have on our<br />
hands a national crisis. Australia’s shame<br />
indeed.<br />
Left unaddressed, this issue will result in<br />
a lost generation of Aboriginal and Torres<br />
Strait Islander peoples. Our people are at<br />
the forefront of this issue and have the<br />
wisdom, knowledge and passion to remedy<br />
it. As many justice reinvestment programs<br />
across Australia have demonstrated, we<br />
have the solutions. 5<br />
We, the First Nations People of this<br />
country, have cared and fought for this<br />
land and its people since time immemorial.<br />
We have asked, pleaded and demanded<br />
equality until our voices were hoarse. The<br />
time has come to hear us.<br />
As we turn our attention to South<br />
Australia, I call upon our partners and<br />
other organisations working in this field to<br />
support, advocate and work closely with<br />
Aboriginal led organisations to address the<br />
NT Royal Commission recommendations, 6<br />
to treat detention for young people under<br />
14 as the last resort. Further prevention,<br />
early intervention and community<br />
programs have to be implemented to<br />
effectively divert these young people from<br />
the Justice system.<br />
Cheryl Axelby is Chief Executive Officer of<br />
the Aboriginal Legal Rights Movement, Chair of<br />
National Aboriginal and Torres Strait Islander<br />
Legal Service (NATSILS) and Co-Chair of<br />
Change the Record. Her article was originally<br />
written for Reconciliation SA. B<br />
Endnotes<br />
1 Article 3 of the United Nations on the Rights of<br />
Indigenous Peoples<br />
2 https://www.referendumcouncil.org.au/sites/<br />
default/files/2017-05/Uluru_Statement_From_<br />
The_Heart_0.PDF<br />
3 https://www.referendumcouncil.org.au/sites/<br />
default/files/report_attachments/Referendum_<br />
Council_Final_Report.pdf<br />
4 http://www.un.org/esa/socdev/unpfii/<br />
documents/DRIPS_en.pdf<br />
5 https://nationalcongress.com.au/wp-content/<br />
uploads/2017/02/The-Redfern-Statement-9-<br />
June-_Final.pdf<br />
6 https://childdetentionnt.royalcommission.gov.<br />
au/Pages/Report.aspx<br />
<strong>March</strong> <strong>2018</strong> THE BULLETIN 25