Page 1491 - Week 05 - Thursday, 7 May 2015
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A relationship with land and waters is core to the notion of culture for Aboriginal and Torres Strait Islander people and has at least a 40,000-year-old history in Australia. The ACT, however, as a construct of the original English settlement and in the life of the Federation, is very young in comparison. Cultural identity for Indigenous people across the world and here in Australia, including the ACT and surrounding regions, has been threatened and eroded over time but cannot ever be completely extinguished when the people affected are strong and proud of their heritage. Governments and elected members of parliament all have a role to play in leading the broader community to accept the adage that white Australia has a black history, to recognise the negative impact of past government policies and to celebrate and cherish the continuing culture that has survived.
Further, we as a society have a responsibility to support the ongoing essence of the oldest continuing culture in the world in whatever way we can. The development of the amendments before us is a step—just a small step—in working with the local Aboriginal and Torres Strait Islander community to achieve that.
I am pleased that there is support across the chamber for this addition to our Human Rights Act. It is important for the Assembly to show leadership because even in this day and age there are some in our community who might fear—and I do believe it is an irrational fear—that the consequences of recognising the rights of Indigenous people, such as mentioning “land” and “rights”, are translated in some people’s minds into a fear of some sort of “land grab” or other description in a similar vein. I would like to think that we have moved, and we certainly need to move, beyond this kind of fear and reaction.
In any case, to express this view in the ACT is stranger than ever. We have no big mining corporations lobbying in the background and no need for some of the skulduggery we see in the west and the north. We have instead a wealth of natural space, managed with a sense of growing partnership with the local Aboriginal people, and these rights will only enhance this partnership approach.
To suggest that the addition of these rights will in some way negatively impact non-Aboriginal and Torres Strait Islanders is simply wrong. The relevant sections amended will provide the right to maintain, control, protect and develop their culture. This is a culture that I believe we all respect and seek to support.
When it comes to land, waters and other resources, the amendments before us are similarly clear and consistent with the intent of the preamble. Clause 7 states, I believe with little ambiguity, that Aboriginal and Torres Strait Islanders must not be denied the right to have their continuing connection to the land “recognised and valued”. With respect to the phrase “recognised and valued”, I believe there is nothing to fear there, and I believe there is a lot to celebrate in making this part of the ACT Human Rights Act.
In conclusion, I and the Greens support the bill. I understand—there has been mention of this already—that there is a desire for the bill to be referred to a committee for further consideration. I am certainly open to committees generally considering pieces
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