… last straw will turn Aboriginals away from ALP
“The introduction to the Parliament today of a controversial Aboriginal heritage law that Aborigines do not want spells a tragic end to the historic relationship the ALP created with the Tasmanian Aboriginal people”, representative of the Aboriginal Community Council, and Lawyer, Michael Mansell said today.
Mr Mansell said, “Ever since Attorney General Brian Miller developed a draft Aboriginal land rights Bill in 1978, the ALP recognised that the historical mistreatment of Aboriginal people required the Party to create a more inclusive Tasmania by acting for Aboriginal people. Underpinned by a policy of seeking Aboriginal approval first, ALP figures such as John White, Jim Bacon and Paul Lennon, among many others, delivered land and fishing rights, and compensated the stolen generations.
Now the ALP government, against Aboriginal wishes, wants to impose a controversial and poorly drafted Aboriginal Heritage Protection Act on Aborigines. It has too many flaws to list. As the crown owns the lands on which Aboriginal cave paintings, rock art and middens exist, the new law will effectively vest all this heritage in the crown. The new law deliberately denies Aborigines any rights to this heritage. Under Tasmanian law white heritage is owned by individuals.
The Bill allows for Aborigines to be fined –section 23 (2)- up to $6,500 for failing to disclose the whereabouts of Aboriginal heritage to Parks & Wildlife, or $260,000 for causing harm to Aboriginal heritage s 29 (1) (a). Harm includes ‘interfere with.’ This will cover Aboriginal children removing artefacts from a midden even under Aboriginal supervision.
The law creates no rights or interests in Aborigines. In fact it creates statutory rights of appeals against adverse decisions and access for non-Aboriginals to the Register of sites not available to Aborigines.
The securing of advancement for Tasmanian Aborigines has long been a hallmark of ALP State policy. Doing what the current ALP government regards as positive is no benefit if Aborigines do not seek or wish to have the benefit in that form. The wishes of the minority groups for any measure are of great importance (perhaps essential) in determining whether a measure is taken for the purpose of securing their advancement. The dignity of the beneficiaries is impaired and they are not advanced by having an unwanted material benefit foisted on them.
Aboriginal people will turn their backs on the ALP and will remain suspicious of the Party for years to come.
It is indeed regrettable that the ill-considered scurry for political survival by a group of 10 ALP members can so easily sweep away all the goodwill created by a once proud political party”.
Michael Mansell Lawyer for Aboriginal Community Council
