People's Stories Indigenous People


Truth-telling – the heart of reconciliation
by Reconciliation Australia, HREOC, agencies
 
Nov. 2024
 
Reconciliation Australia: 800 reconciliation leaders and supporters from all around Australia will gather in Brisbane from 6-7 November to discuss the urgent need for stronger commitments and actions to fight for Aboriginal and Torres Strait Islander rights, and to be guided by First Nations voices.
 
Fiona Jose, CEO of the Cape York Partnership will share her insights into the urgent work of reconciliation during her keynote address. Joshua Creamer, Chair of Queensland’s Truth-telling and Healing Inquiry and Sue-Anne Hunter, Deputy Chair of Victoria’s Yoorrook Justice Commission will discuss the state of truth-telling and its vital importance during the opening: Truth-telling – the beating heart of reconciliation.
 
1 Nov. 2024
 
Ending the Queensland Truth-telling and Healing Inquiry is harmful and divisive - Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss
 
The Queensland Government’s decision to abolish the state’s Truth-telling and Healing Inquiry and repeal its Path to Treaty Act marks a major step backwards for First Nations rights, says Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss.
 
Newly-elected Premier David Crisafulli, who was sworn into office this week, said yesterday he will follow through on his election promise to end the Queensland’s truth- telling inquiry, which is underway, and repeal its treaty legislation.
 
Commissioner Kiss, a proud Kaanju and Biri/Widi woman who grew up in Rockhampton on the lands of the Darumbal People, was previously the Executive Director of the Interim Truth and Treaty Body supporting Queensland’s Path to Treaty.
 
“The decision to scrap the Inquiry, denying our First Nations People a chance to share their stories to help accurately convey our state’s history, is extremely disrespectful and harmful,” Commissioner Kiss said.
 
“It is disrespectful to communities, but also to the many people who put in years of work to make this Inquiry happen. This includes the contributions of everyday Queenslanders – Indigenous and non-Indigenous – who provided invaluable input to support truth, justice and healing.
 
“The inaugural truth-telling hearings of the Commission that occurred in September showed the enormous contribution that this process can make to public understanding of the treatment of Aboriginal and Torres Strait Islander peoples in Queensland, building a basis for dialogue, understanding and compassion. These hearings showed the immense benefits truth-telling has for everyone.
 
“The Path to Treaty was something our People have long called for. They believe this is what is needed to bring Queenslanders together in a way that fosters unity, understanding, respect, dignity and wellbeing for all. In particular, those Elders who have lived experience of the impacts of colonial policies and practices of the past, and our families and communities who experience the ongoing trauma and effects.
 
“Now more than ever, we need policies that promote reconciliation and unity – not division and discord. First Nations Queenslanders deserve and need to have their rights upheld and their stories heard.”
 
Commissioner Kiss has written to Premier Crisafulli, urging him to reconsider his decision and offering to work collaboratively with his government to achieve better outcomes for First Nations people in Queensland.
 
“I am very keen to establish a positive working relationship with the new Queensland Government – supporting it to advance the human rights of First Nations people. Truth-telling about past and ongoing injustice is critical to advancing human rights and building a better future for First Nations people and all Queenslanders. I urge the Premier to reconsider his decision," Commissioner Kiss said.
 
“With the absence now of a First Nations member in the new Queensland Government, it is of great importance to include First Nations People in decisions that affect them. That means meeting with us, talking with us and hearing and incorporating our views into decisions that will impact us all.”
 
http://humanrights.gov.au/about/news/ending-qld-truth-telling-and-healing-inquiry-harmful-and-divisive http://www.qld.gov.au/firstnations/treaty/resources-support http://www.theguardian.com/australia-news/2024/nov/02/queensland-truth-telling-inquiry-chair-says-premier-hugely-disrespectful-to-demand-work-cease-via-media http://nit.com.au/05-11-2024/14697/national-rap-conference-to-address-fallout-from-path-to-treaty-repeal http://nit.com.au/01-11-2024/14640/ending-qld-truth-telling-and-healing-inquiry-is-divisive-indigenous-human-rights-commissioner-says http://www.qcoss.org.au/coss-network-calls-for-queensland-government-to-engage-respectfully-with-first-nations-queenslanders/ http://www.sbs.com.au/nitv/article/we-cant-handle-the-truth-queensland-premier-scraps-truth-telling-and-healing-inquiry/r54yo6tbx http://www.themandarin.com.au/280198-truth-telling-commission-chair-denounces-unprecedented-political-attack/
 
http://www.reconciliation.org.au/publication/coming-to-terms-with-the-past-identifying-barriers-and-enablers-to-truth-telling/ http://www.sydney.edu.au/news-opinion/news/2024/11/04/2024-charles-perkins-oration-joshua-creamer-makes-the-case-for-truth-telling.html http://humanrights.gov.au/about/news/opinions/year-our-voice-broke-fallout-failed-referendum-0 http://yoorrookjusticecommission.org.au/news-stories/truth-telling-has-never-been-more-important http://www.coalitionofpeaks.org.au/media/a-year-on-from-referendum-three-things-we-achievednbspthree-areas-we-must-keep-the-heat-on http://www.reconciliation.org.au/a-year-after-the-referendum-voice-is-as-important-as-ever/ http://www.reconciliation.org.au/raps-collective-impact-changing-systems/ http://ulurustatement.org/prof-megan-davis-delivers-2024-uq-naidoc-keynote-lecture/ http://www.coalitionofpeaks.org.au/media/community-control-always-was-and-always-will-be-key-to-closing-the-gap
 
11 Oct. 2024
 
Northern Territory Government urged not to lower age of criminal responsibility to 10 years old.
 
The National Children’s Commissioner, Anne Hollonds, and the Aboriginal and Torres Strait Islander Social Commissioner, Katie Kiss, have urged the Northern Territory Government to reverse its plan next week to introduce a new law to lower the age of criminal responsibility from 12 to ten years.
 
The Commissioners have again warned that a ‘tough on crime’ approach will in fact contribute to an increase in criminal activity, rather than address the root issues of offending by children by focusing on education, healthcare and family support.
 
National Children’s Commissioner Anne Hollonds said: “We all want to live in safe communities, but this plan by the NT Government goes against what all the evidence has shown we need to do to achieve that. It is absolutely critical that they reconsider.
 
“The younger a child comes into contact with the criminal justice system, the more likely they will go on to commit more serious and violent crimes. Lowering the age of criminal responsibility to 10 years will not make communities safer, it will only see rates of child offending increase. These are primary school age children, and harsh, punitive responses are not the answer.
 
“The fact that this new law will be brought to the NT Parliament clearly shows its government has misunderstood the problem and solutions based on evidence. It also shows the other systems meant to help children with complex needs, and their families, such as health and education, have failed.
 
“I urge the NT government to read our landmark report tabled in the Australian Parliament last month, ‘Help Way Earlier!’ How Australia can transform child justice to improve safety and wellbeing. Our 24 recommendations offer a roadmap for reform that increases community safety and keeps our kids out of prison. Prevention and early intervention to address the drivers of offending by children is the only way we can achieve better outcomes for all.”
 
Social Justice Commissioner Katie Kiss said: ​“Lowering the age of criminal responsibility condemns First Nations children to a lifetime of abuse, deprivation and disadvantage. Our children are disproportionately affected by the failing ‘tough on crime’ approach, which only serves to perpetuate racial profiling and negative stereotyping.
 
“The NT’s proposed laws, which will combine reducing the age of criminal responsibility will have a significant impact on First Nations children in the child justice system and their families. It also undermines the NT Government’s commitments under the national Closing the Gap agreement.
 
“Instead of finding positive solutions, we are instead criminalising First Nations children, and children with disabilities, learning problems and mental health issues. The consequences for us all if this practice continues is dire.
 
"Recent tragedies and deaths in custody and the child protection system clearly show that current approaches are not working. Kids need care, love and support so they can shake off generational disadvantage, have hope for their futures and feel they are valued and belong.
 
“I hope the NT Government heeds our call, listens to the experts and puts the futures of our children front of mind.”
 
NT Opposition Leader Selena Uibo said the move was "dooming young Aboriginal Territorians to a life of disadvantage, reduced opportunities and poorer education outcomes".
 
"We know – because all of the evidence tells us this – that the earlier a child comes into contact with the criminal justice system, the more prolonged their involvement is likely to be," she said. "We want to see children held accountable for bad behaviour but then supported to get on a better path, to re-engage with school."
 
Arnhem Land elder and independent Mulka MLA Yiŋiya Guyula said "This government will lock up children who are so young they don't know what they're doing yet," Mr Guyula said. "These children will be scarred and traumatised for life by a government who have taken them from their country and culture. "This will not make our communities a safer place. It will not protect our children or fix the problem of crime."
 
Larrakia leader Patj Patj Janama Robert Mills said diversionary programs were needed to teach children "the right path and keep them off the wrong path".
 
"To lock up a 10-year-old child, regardless of their race, I believe is an international crime against humanity," he said. "It's just heartbreaking, soul-destroying. Why would anybody do this?"
 
NT's children's commissioner Shahleena Musk, a Larrakia woman from Darwin, told the BBC Aboriginal children were less likely to be cautioned, more likely to be charged and pursued through the courts, and more likely to be remanded in custody than non-Aboriginal offenders.
 
“We shouldn't be seeing these kids going into a youth justice system which is harmful, ineffective, and only compounds the very issues we're trying to change.”
 
http://humanrights.gov.au/about/news/nt-government-urged-not-lower-age-criminal-responsibility http://humanrights.gov.au/about/news/media-releases/nt-youth-crime-laws-fail-children-and-community http://humanrights.gov.au/our-work/childrens-rights/publications/help-way-earlier


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Indigenous Peoples’ Day: States should continue addressing challenges for Indigenous defenders
by International Service for Human Rights (ISHR)
 
August 2024
 
On the International Day of the World's Indigenous Peoples, we recognise and celebrate the important role that Indigenous defenders play in the promotion and protection of human rights, their communities, territories and the environment.
 
Indigenous communities have a history of taking care of the environment. While they are among those who contribute the least to climate change and environmental degradation, they are one of the groups who are facing most vulnerabilities and risks. Indigenous Peoples have been historically marginalised, discriminated against, and subjected to numerous violations related to land grabbing, forced evictions, extractive industry operations and other threats.
 
In addition, Indigenous defenders are also constantly exposed to harassment, intimidation, criminalisation and in some cases killings.
 
According to the Business and Human Rights Resource Centre, between January 2015 and August 2022, 883 attacks on Indigenous human rights defenders were documented related to business operations, including killings, threats, arbitrary detention, and strategic lawsuits against public participation (SLAPPs).
 
States should establish measures to guarantee that Indigenous defenders can exercise their individual and collective rights without intimidation and harassment; develop, adopt and adapt adequate protection mechanisms for Indigenous defenders and communities; and establish adequate measures to guarantee that State and non-State actors, including businesses, are held accountable for attacks against Indigenous Peoples.
 
Consultation and free, prior and informed consent
 
During the most recent session of the United Nations Expert Mechanism on the Rights of Indigenous Peoples, ISHR highlighted the importance of conducting effective and meaningful consultation with the objective of obtaining the free, prior and informed consent of Indigenous Peoples.
 
Reaching such consent should not be a mere formality, but an ongoing process that should be conducted in good faith, transparency and through mechanisms established by Indigenous Peoples’ own forms of organisation.
 
In French Guyana, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recently expressed concern about the lack of such process by the Centrale Électrique de l’Ouest Guyanais (CEOG), a power plant that has been under construction since November 2022: there ‘might have been no consultation or free, prior and informed consent of the Kali’na people before the approval of the project’. The communities have insisted that they did not oppose the construction of the power plant per se, but its proposed location which is currently in a forest of major cultural and economic importance for the village of Prosperite.
 
In Guatemala, in addition to the structural discrimination faced by Indigenous Peoples, climate change, desertification, land grabbing, and the consequences of extractive industries have led Indigenous communities to displace from their territories.
 
The situation has worsened due to increasedforced evictions in the country, particularly in Alta and Baja Verapaz. ‘The dispossession of [Indigenous Peoples’] lands is a scourge that has worsened in recent years,’ said Volker Turk, UN High Commissioner for Human Rights, during his official visit to Guatemala in July this year.
 
Inclusive and meaningful participation of Indigenous Peoples in multilateral arena
 
Enhancing the participation of Indigenous Peoples is paramount to guaranteeing that decision making processes are inclusive and meaningful. For this reason, ISHR welcomes the organisation of the First Inter-sessional meeting to discuss and develop measures to enable and facilitate the participation of Indigenous Peoples in the work of the United Nations Human Rights Council (HRC).
 
In this sense, the HRC should take into consideration three guiding pillars when enhancing the participation of Indigenous Peoples: self-determination, self-identification and consultation.
 
During the session, ISHR highlighted that enhancing the participation of Indigenous Peoples would also require addressing the current limitations for engagement within the UN system. For instance, it would require tackling the lack of provisions for remote and hybrid participation tools, which disproportionately impacts underrepresented groups and hinders their access to multilateral spaces.
 
Moreover, the lack of financial support and of flexible visa procedures are also challenges that prevent meaningful and inclusive participation of Indigenous Peoples. There is an urgent need for action to tackle these challenges,including appropriate security measures, addressing the language and technological barriers that may deter Indigenous Peoples’ engagement; and establishing procedures, including registration platforms, that are accessible, transparent, inclusive, and sensitive to their needs.
 
While the discussions will continue in October, States should ensure that Indigenous Peoples are meaningfully consulted and can participate genuinely in matters that affect their rights.
 
http://ishr.ch/latest-updates/indigenous-peoples-day-states-should-continue-addressing-challenges-for-indigenous-defenders/


 

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