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High Court hears NT intervention challenge

Fri, 02/11/2007 - 18:51 — darwin

I read this in the Australian
http://www.theaustralian.news.com.au/story/0,25197,22684837-12377,00.html

PARTIES involved in a legal challenge against key elements of the
Federal Government's Northern Territory intervention appeared at the
High Court today.

Lawyers have filed a statement of claim on behalf of the Bawinanga
Aboriginal Corporation (BAC) and Reggie Wurrdjal, a traditional owner
in Maningrida.

Maningrida is one of 73 remote NT communities the commonwealth took
over under five-year leases as part of the government's radical plan
to stamp out child abuse.

Lawyers for the applicant and the Government appeared at the High
Court, in Melbourne today, for the first directions hearing.

Justice Kenneth Hayne granted lawyers for BAC and Mr Wurrdjal time to
file an amended statement of claim and adjourned the matter for a
further directions hearing on December 3.

He told the parties that if they could resolve issues concerning
agreed facts in the case, the High Court may be able to hear the
matter in March.

Lawyers for BAC and Mr Wurrdjal argue the Commonwealth's acquisition
is illegal because the takeover will not deliver compensation to
landowners on "just terms", as required by the Australian constitution.

The case also challenges the constitutional validity of scrapping the
permit system and the commonwealth's power to acquire the assets of
Aboriginal corporations.

Comments

Mon, 03/12/2007 - 19:05 — Anonymous

new stolen generation-the youth

Statistics of gaoled blacks not just in the Northern Territory but in all white settler occupied Australia show that this is part of continuing genocide its latest form.
This is the new "stolen generation -the youth.
Locked up in the usually most active reproductive or "breeding" years.
Instead of reserves they now use gaols to break up the communities and families.
Once "criminalized" and gaoled where they can be corrupted by the drug and gang cultures in those gaols very few will then return to their communities
This white guy says.
It is ever the policy of the white settler colonial states to divide and rule.
The need for Aboriginals and First Nations peoples to form their own national alliance is clear.
Relying on and voting for government controlled national organisations that can be disbanded at the governments whim has been shown in practice to be wrong, as the government can infiltrate its Uncle Toms or just disband the organisation.
The real way forward is to form a NATION, a unity and federation ,of all indigenous First Nation peoples and their descendants and communities..
Real self determination and community control.
Its time to build a nation.
Preamble and "sorry" are just words.
"Humbug" stuff .
A treaty and reparations are in order.
To get a treaty between sovereign peoples an indigenous nation must be formed on the scattered lands and in all the different communities.
Sure it will be tough going but, what nation ever fell from the sky without a struggle?
All the best with your Alliance.
Oz
P.S Who drums this very clear idea of a united Indigenous NATION and self determination out of the First Nation peoples minds at every attempt at national organisation ?