Indigenous group calls for treaty

Indigenous group calls for treaty

BY GEORGIA CLARK

Members of the Indigenous community rallied for the recognition of Indigenous sovereignty in Redfern last week.

The move comes amidst the Government’s proposed alteration of section 18C of the Racial Discrimination Act.

The Young Women Speak out for Treaty forum was held in Redfern last week to highlight the need for recognition of Indigenous sovereignty and for the International Day for the Elimination of Racial Discrimination.

The event featured four First Nations women, Amelia Kunoth-Monks from Eastern Arrernte, Lidia Thorpe from Melbourne, Lynda-June Coe and Natalie Cromb from Sydney.

Ms Cromb, a Gamilaraay woman said the Coalition Government’s amendments to 18C threaten Indigenous liberties, making the recognition of sovereignty a priority.

“Treaty is the mechanism in which we can hold the government to account for past and present atrocities, it is our means of asserting our sovereignty and ensure funding for the structures which will see our communities flourish.”

The forum comes as the Coalition last week announced it would stand its ground and approve modifications to 18C of the Racial Discrimination Act (“RDA”) by amending the words ‘offend, insult and humiliate’ and insert the word ‘harass.’

This will elevate the legal test required to prove discrimination and filter out “vexatious or frivolous” complaints.

But Cromb fears the move represents the watering down of minority rights.

“It’s just another gesture that diminishes aboriginal rights in this country as well as other minority rights, and shows the state of play in politics,” she said.

After a tense battle with the Coalition over RDA reform, the Federal Opposition says it stands its ground in terms of affording protections to minority groups under 18C, saying the move will make it easier to humiliate people on the basis of race.

But Federal Member for Moore, Ian Goodenough, says the amendments to 18C will not permit vilification or abuse, but will still provide protection while making the Act more relevant to contemporary Australia.

“The use and meaning of language has changed over a generation since Section 18C was introduced in 1995 – so what the terms “offend” and “insult” mean in everyday usage has changed.

Due to political correctness offence and insult can be taken at a lower level in today’s society. For example humour in poor taste can offend,” he said.

The Human Rights Commission argues in favour of the RDA as it exists today, saying that it affords protection to all Australians in its current form.

“Section 18C and 18D of the Racial Discrimination Act, as interpreted by the Courts, strike an appropriate balance between freedom of expression and protection from racial vilification.”

But Cromb says the Government’s modification of section 18C is yet another setback, saying she is stridently opposed to any reforms to the clause. It’s 18D which she says should be tightened to afford greater protections to minority groups, by placing limits on media.

Goodenough argues the Act will still provide sufficient protection to all minority groups, while placing less pressure on the Courts by minimising frivolous litigation.

“All people are protected against harassment and intimidation. All Australians may encounter situations in which they are offended and insulted – but they need to resolve these situations without resorting to legal action,” he said.

While the discussion around Indigenous sovereignty has drawn more support with petitions such as Reclaim gaining traction, the group says the Government approach coming out of Canberra such as the Close the Gap campaign, have been a setback for Indigenous Australians.

They say the time is ripe for recognition.

“Yolŋu calls are more urgent under increasing controls and coerced policies of the NT Intervention which have denied the Yolŋu their voice, structures and imposed massive changes to Aboriginal land tenure in the NT,” said Time for Treaty.
But Goodenough says the Coalition’s modification of the Act will help them at the next election.

“The Liberal Party will gain support from mainstream Australians who are concerned that political correctness is being taken too far.

All Australians will be treated equally and protected from harassment and intimidation. Freedom of speech will promote constructive criticism and open debate in workplace and social settings promoting greater social integration and assimilation,” said Goodenough.

Cromb says Indigenous sovereignty and the protections that would be provided under a treaty document should be the priority of the Government and the Australian people.

“In order for the treaty to occur [we] require the unity of aboriginal people and a change of consciousness of white people,” she said.

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