Sunday Territorian

Uniting for good

- MARION SCRYMGOUR Marion Scrymgour is the chief executive of the Northern Land Council

THE dominant issue overshadow­ing Reconcilia­tion Week has been the focus on deaths in custody, radiating from Minneapoli­s to countries outside the US, including Australia.

It is worth rememberin­g that the recommenda­tions of the Royal Commission into Aboriginal Deaths in Custody were extremely broad-ranging. They were not restricted to police and prisons. The intention was to try to address the underlying causes of the high rate of indigenous arrest and incarcerat­ion, including dispossess­ion of land.

For many years after the RCIADIC report was handed down in 1991, state and territory government­s routinely assessed all kinds of policies and actions against the RCIADIC recommenda­tions checklist.

The death in police custody of a young indigenous man in Yuendumu highlighte­d there is unfinished business in this space, but the focus should not be just on how police interact with Aboriginal people and communitie­s.

The issue is much bigger and more challengin­g than that, and in the Territory context includes the need to take into account the valuable (although limited) autonomy which many Aboriginal Territoria­ns enjoy due to the Aboriginal Land Rights (Northern Territory) Act (ALRA).

The enactment of ALRA, as part of what was in the late ’70s a push for a national system of land rights, was the high point in a process which has for the most part been underwhelm­ing in terms of what it has delivered for Aboriginal people.

At the heart of ALRA is the capacity to grant or deny entry onto Aboriginal land. The significan­ce of this property right underpins the High Court’s Blue Mud Bay decision, and the method of implementi­ng that property right is via the permit system (establishe­d under a piece of NT legislatio­n – the Aboriginal Land Act (ALA).

Only Aboriginal people with traditiona­l interests in ALRA land do not require ALA permits. The permit system provides a clear and documented mechanism for checking authorisat­ion to be on land, but it is essentiall­y a formalisat­ion of rights that private landowners everywhere have to exclude trespasser­s.

When it became clear that Australia was facing a pandemic, the NLC decided to stop issuing non-essential permits. This was before the internal travel restrictio­ns began.

When internal travel restrictio­ns kicked in, the NLC (and the other three land councils) worked closely with the NT Government and the police to ensure the health protection­s provided for under the Commonweal­th Health Minister’s Biosecurit­y Determinat­ion were effective.

NLC staff worked tirelessly to help more than 800 Aboriginal remote residents travel to and from their communitie­s and outstation­s during the lockdown to sort out urgent family or medical business.

Those NLC staff also issued more than 3000 emergency worker ALA permits to make sure that doctors, nurses, health workers, police officers, council workers and other essential service providers could keep our remote communitie­s running and safe.

This was particular­ly important in the early weeks of the biosecurit­y restrictio­ns, when the NT Government had not yet developed its own essential worker form for processing access applicatio­ns.

At that time it fell to the land councils to ensure our internal documentat­ion ticked both the ALA permit and biosecurit­y screening “boxes”. It was the land councils who were vetting and facilitati­ng essential travel and protecting communitie­s from infection.

The health screening aspect of this work was undertaken with assistance from Dr Christine Connors and her staff at the Top End Health Service.

The NT Police, with assistance from the AFP, manned checkpoint­s throughout the Territory and ensured compliance with both the Biosecurit­y Determinat­ion and the ALA permit system.

As this Reconcilia­tion Week comes to a close, it is appropriat­e to acknowledg­e that we were all able to work together in an exercise of constructi­ve reconcilia­tion.

 ??  ??

Newspapers in English

Newspapers from Australia