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Government considers compensating aboriginal Australians

Government considers compensating aboriginal Australians

Daily Mail​4 days ago
A landmark truth-telling inquiry's push to compensate Indigenous Victorians for historical injustices has not been ruled out by the Premier despite warnings it could bankrupt the state. After a four-year truth-telling inquiry, The Yoorrook Justice Commission delivered its final report to the Victoria state parliament on Tuesday. The Australian-first Indigenous truth-telling body calls on the Victorian government to provide redress for injustices. Among the proposals is a statewide redress scheme, including financial compensation for Indigenous Victorians.
The report also suggests recognising Indigenous groups as sovereign nations, exempting them from taxes and rates, and granting them access to revenue from natural resources and Crown land. The report also calls for the state government to offer a formal apology and to acknowledge its responsibility for the wrongs of its predecessors. The apology would also see the state acknowledge that Aboriginal soldiers who served during the world wars were excluded from a scheme that gave veterans land when they returned home.
Some controversial recommendations included a significant overhaul of the education system, which would exclude Indigenous children from attendance requirements, suspension and expulsion, as well as avenues for more appropriate cultural training. The report also pushed for the Treaty to be pursued and permanent funding streams to be instituted to help future generations of Indigenous people.
It also called for a permanent First Peoples' Assembly - a move which would create a Victorian version of the Voice to Parliament, which was overwhelmingly rejected at the federal level following a referendum. During a press conference on Wednesday, Premier Jacinta Allan (pictured) refused to rule out any of the recommendations. 'I'm just not going to rule things in or out through a press conference,' Allan said. 'I think we can understand the need... for government to take time to consider the recommendations.' The report has given the Victorian government a two-year window to respond to its findings.
Yoorrook held 67 days of public hearings, gathering the testimony of Stolen Generations survivors, elders, historians, experts and non-Indigenous advocates. It found there were at least 50 massacres across Victoria by the end of the 1860s, with eight colonists killed compared to 978 First Nations people. The mass killings, combined with disease, sexual violence, exclusion, eradication of language, cultural erasure, environmental degradation, child removal, absorption and assimilation, brought about the 'near-complete physical destruction' of Aboriginal people in Victoria. The 'decimation' of the population by 1901 was the result of 'a coordinated plan of different actions aimed at the destruction of the essential foundations of the life of national groups'. 'This was genocide,' one of the documents read. Ms Allan said the findings made for 'tough reading' because they 'tell the truth' about how the state was colonised.
The recommendations will inform treaty talks between the state government and the First Peoples' Assembly of Victoria, with enabling legislation expected to be introduced later in 2025. The report received a mixed response, with some critics labelling the extensive list of recommendations as a 'disaster'. '[The list] read like demands that would send the state broke if they agreed to all of them,' one Indigenous critic told the Herald Sun. 'At a time when we are negotiating treaty and getting the Victorian people on board, it's just a disaster.' Others supported the report, claiming it was time for the state to start 'making things right'. Ms Allan encouraged Victorians to look at the report. 'I'm focused on getting better outcomes, because when you improve outcomes for Indigenous kids in schools, Indigenous kids in family settings, Indigenous men and women getting access to the health care that they need, that's better for all of us.'
First Peoples' Assembly member Nerita Waight warned Ms Allan not to let Yoorrook's work go ignored, as politicians have done with previous major Aboriginal-related inquiries. 'The truth has been told and now the government has an obligation to act,' the Victorian Aboriginal Legal Service chief executive said. Yoorrook Justice Commission chairperson Professor Eleanor Bourke said the final report outlined recommendations that would be advanced through a treaty process while others needed to 'begin now' with urgent action and 'reforms'. 'These recommendations take the voices, lived experience and evidence of First Peoples into the places where decisions are made and where change must happen,' Ms Bourke said. 'To Premier Allan and the Victorian Government, I urge you all to implement the Yoorrook for Transformation recommendations with courage and commitment.'
Independent Senator Lidia Thorpe (pictured) called on the federal government to press on with national truth and treaty processes. 'Genocide has not just occurred in Victoria, but has been perpetrated against all First Peoples of this continent,' she said.
Prime Minister Anthony Albanese promised to set up a 'Makarrata Commission to oversee a national process for treaty and truth-telling' in 2021. His government allocated $5.8 million to commence work on establishing the independent commission, but it has not materialised after the failed Voice to Parliament referendum in 2023.
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Building a nation: Papua New Guinea's 50 years of independence
Building a nation: Papua New Guinea's 50 years of independence

The Guardian

time43 minutes ago

  • The Guardian

Building a nation: Papua New Guinea's 50 years of independence

In the early 1970s, Dame Meg Taylor remembers a sense of immense optimism as Papua New Guinea stood on the brink of independence. At that time she joined the staff of Sir Michael Somare, who would later become the country's first prime minister. 'There was a lot of hope,' said Taylor, diplomat and former secretary general of the Pacific Islands Forum. 'I still have very wonderful memories of sitting out on the old steps of the office … just thinking, 'What have we got ourselves into, and what an amazing opportunity that we have to build a country'.' Now, as Papua New Guinea prepares to mark 50 years of independence from Australia, Taylor and other prominent figures reflect on a nation failing to live up to its promise. The Guardian interviewed dozens of people from across Papua New Guinea – including a former prime minister, ex-military commander and constitutional architect – and the Pacific for this series on the nation at 50. They paint a picture of a country struggling to control violence and lawlessness, and divided on the path forward. The conversations revealed law and order, leadership and access to essential services as the biggest challenges facing the country of nearly 12 million people. They shared differing views on how to address social problems and what role Australia – its nearest neighbour and former colonial administrator – should play. Many highlighted the resilience of the population and expressed optimism about the future. Peter O'Neill, who led Papua New Guinea from 2011 to 2019, said the founding fathers would not approve of 'the way the country has been managed.' 'I know that they would've been very disappointed that we have lost our way,' O'Neill told the Guardian. 'We have been blessed with a beautiful country with a lot of resources and beautiful people. All we need to do is manage ourselves in a better way,' O'Neill said. Papua New Guinea was administered by Australia as a single territory from 1945. The territory included the former British protectorate of Papua and the former German colony of New Guinea. In 1972, Gough Whitlam promised that if elected Australia's prime minister, he would begin the transition to self-governance. He followed through on the pledge and on 16 September 1975, Papua New Guinea was granted independence. In a late night radio address that evening, Somare told the new nation: 'I wish to remind all that this is just the beginning. Now we must stand on our own two feet and work harder than ever before. We are indeed masters of our own destiny.' Five decades on, Papua New Guinea is the largest Pacific nation after Australia with a young and growing population. About 40% live below the poverty line and in parts of the country, crime and violence are rampant. Many lack access to basic health services and education. Child mortality rates are ten times higher than Australia's. Rich with gold, copper, oil and gas, minerals and energy extraction account for most of Papua New Guinea's export earnings. But this abundance has proved both a blessing and a curse, and its natural wealth has brought conflict, unrest and division. Corruption is rife. Poor infrastructure holds the economy back and young people across the country lack opportunity. O'Neill believes independence was given to Papua New Guinea 'too soon'. He says not enough was done by the Australian colonial administrators to develop education and infrastructure in the country before they left. Now, he points to mismanagement by leaders, inadequate policing and crime and violence as some of its biggest development challenges. 'Enforcement of the rule of law is absolutely nonexistent,' O'Neill said. The sentiment is echoed by current prime minister James Marape, who last year said 'the greatest impediment facing us today is a lack of respect for our country's law.' In a speech to the University of Papua New Guinea, Marape said if asked to rate the country's progress since independence on a scale of one to ten, 'I would not go past three.' Marape did not respond to requests for an interview. Leader of the opposition Douglas Tomuriesa told the Guardian internal security has overtaken health and education as Papua New Guinea's most urgent challenge. He argues the general breakdown in law and order reflects deep structural issues, including scarce opportunities for young people, 'weak enforcement of justice and an under-resourced police force.' 'Limited trust in justice systems have left many communities feeling abandoned,' Tomuriesa said. This has been most evident with the escalation of violence in the central and western Highlands regions. In recent years, fighting between tribes has devastated families and ruined local economies. Police in Enga province, in the Highlands region, told the Guardian hundreds of people are estimated to have been killed in conflicts this year. Deeply rooted in historical contests over land, disputes are governed by customs and beliefs that stretch back generations. Yet fighting has become more deadly as an influx of high-powered firearms transformed traditional conflicts into fatal confrontations. Retired Maj Gen Jerry Singirok, commander of the Papua New Guinea defence force during the 1990s, said gun violence has overtaken all other crimes. He said there is no government oversight of the use of illegal guns and it is 'crippling the nation.' Outside Porgera, in Enga province, village leader Tomaiti Hando said his community had been devastated by violence. 'We've lost fathers, brothers and sons, and now I watch my grandsons growing up in this same violence,' Hando said. He called on Australia to help bring an end to the troubles in the Highlands. 'I want it to end for good and I hope that Australia can step in and address this. Australia is our big brother, our leaders have not been able to address this issue for decades,' Hando said, adding that tackling the root causes of conflicts are essential for 'lasting peace and stability.' Gender equality is a significant challenge in Papua New Guinea, women are vastly underrepresented in parliament, have less access to health and education and face a high risk of violence. Two-thirds of women in Papua New Guinea will experience violence in their lifetime. Ruth Kissam – one of the country's leading human rights activists – describes the harm to women and girls as a 'systemic failure to protect our most vulnerable.' 'We are talking about a pandemic within our homes and communities. The reality is that for many women in Papua New Guinea, violence is a daily experience, not an isolated event,' said Kissam. Many say limited opportunities for the surging youth population has contributed to unrest and violence. They point to access to education as a crucial plank of development. Taylor said without education 'you're going to have people who don't have hope.' A report published by the World Bank in 2024 estimated 72% of ten-year-olds are unable to read, and only 18% of 20-to 24-year-olds have completed secondary or tertiary education. More investment in education is 'critical' to Papua New Guinea's economic future and could turn its young population into an 'engine of growth,' the report said. Singirok also highlighted the need to lift education levels among younger generations, and said Papua New Guinea must invest to 'not only teach the core subjects but ethics, religion and all aspects of life where they are taught to live in harmony with others.' To confront challenges, former and current politicians called for local communities to be given more control of their affairs. John Momis is one of the country's constitutional fathers and former president of Bougainville. He argues too much power resides in the capital Port Moresby, and not in the villages and towns where so many live. The 83-year-old is a respected politician who spent decades in the national parliament. In 1972, he was elected to parliament and Somare asked him to help lead the constitutional planning committee. 'Papua New Guinea was so highly diversified, we had 800 languages, the biggest number of languages in the whole world. The best way of uniting a highly diversified country is through decentralisation, giving power to the different provinces,' Momis said from his home in Bougainville. 'The problem today is the national government has monopolised power again. And they're just providing services to the poor people in the provinces,' he said. Australia remains the country's biggest aid partner. In 2024-25, Canberra provided an estimated $637.4m in official development assistance (ODA). Over the last decade, Australia has provided about $6.2bn in ODA funding to Papua New Guinea. Momis cautions that Australia 'should not just give to Papua New Guinea when they beg.' 'People must be both subjects and objects of development. People must drive development,' Momis said. Tomuriesa, an MP for a district in Milne Bay province, said Australia can assist in rebuilding capacity in policing, governance, health and education. 'But aid must align with local priorities, and be delivered with transparency and accountability,' he said. Looking ahead, Tomuriesa draws optimism from 'our people's resilience'. He said young people are eager to learn, small business sector is growing and women are stepping into leadership. 'The lesson is clear: where the people are empowered, progress follows,' he said. Papua's New Guinea's natural strengths – productive land, rich culture and its people, give Taylor reasons for hope. 'The country is rich in resources, rich in I believe, in human capital, where you have a very strong agricultural base, who can cultivate and we can feed ourselves as we put our minds to,' Taylor said. She said the country's survival as a parliamentary democracy, despite decades of turmoil, is another positive sign – as is the enduring strength of traditional systems. 'There's still a lot of hope. We're only 50 years old in terms of modern constitutional Papua New Guinea. I'm not going to give up, and I know a lot of people in this country are not going to give up,' Taylor said. Momis too, is hopeful about the future. 'I am an eternal optimist. I'm in the village and things are difficult, you know. But I think there's a lot of hope.' Bethanie Harriman, Prianka Srinivasan and Martha Louis contributed to this report

Hannah Thomas: NSW police use emergency riot powers to justify arrest of pro-Palestine protester
Hannah Thomas: NSW police use emergency riot powers to justify arrest of pro-Palestine protester

The Guardian

timean hour ago

  • The Guardian

Hannah Thomas: NSW police use emergency riot powers to justify arrest of pro-Palestine protester

New South Wales police have been accused of unlawfully or retrospectively authorising emergency powers after it was revealed Hannah Thomas had been charged under a rarely used law introduced in the wake of the 2005 Cronulla riots. The 35-year-old was arrested at a pro-Palestine protest in Sydney on 27 June that was attended by about 60 people. She was subsequently taken to hospital and this week will undergo a second round of surgery amid fears she could lose sight in her right eye. Thomas was a Greens candidate who ran against the prime minister at the federal election. Last week, Thomas was charged with resisting police and refusing or failing to comply with a direction to disperse. It was revealed on Monday that Thomas's arrest documents show that her second charge cited emergency police powers under part 6A of the Law Enforcement Powers and Responsibilities Act (Lepra). The laws, which were introduced in the wake of the Cronulla riots, require authorisation and give police a series of powers to quell 'large-scale public disorders'. An authorisation can be given by the police commissioner or by a deputy or assistant commissioner of police. The NSW Greens MLC Sue Higginson on Monday wrote a formal complaint to the police watchdog – the Law Enforcement Conduct Commission (Lecc) – against the assistant commissioner Brett McFadden. She alleged he had 'issued an unlawful or retrospective authorisation to use emergency powers in violation of their conditions'. The complaint, seen by Guardian Australia, is also against the arresting officers who Higginson alleged had 'issued unlawful move-on orders and made unlawful arrests'. Five protesters, including Thomas, were arrested and charged at Belmore. McFadden, in a statement prior to the complaint being filed, said that he had put in place a process last Monday to review the charges laid against Thomas. 'I put in place a process to review the charges laid in this matter to ensure the relevant and most appropriate charges are applied. The review is part of normal critical incident protocols,' he said. McFadden said NSW police were unable to provide further information given the matter was now before the courts and subject to a critical incident investigation overseen by the Lecc. Higginson noted in her letter to the Lecc that an authorisation to use the emergency powers required an officer to have reasonable grounds for believing 'there is a large-scale public disorder occurring or a threat of such disorder occurring'. She wrote that for a commissioner to have reasonable grounds for this belief, they needed to establish a riot or other civil disturbance that 'gives rise to a serious risk to public safety' was occurring or was about to occur. They also need to establish that the 'exercise of those powers is reasonably necessary to prevent or control the public disorder'. Higginson said video from the scene showed police officers issued move-on orders and then arrested protesters after they questioned what Lepra powers were being relied on. Video footage suggested one of the protesters later charged, Zach Schofield, was grabbed by a police officer after he asked what legislation empowered the officers to move on the protesters. In the video, an officer can be heard telling the protesters they are being issued a move-on order and are required to leave Belmore and not return for 24 hours. A protester can be heard saying: 'What legislation is empowering you to do this? Can you name it please because this is actually counter to Lepra.' The protester is cut off mid-sentence when asking about the legislation as police officers move to grab him. A scuffle ensues, according to the video footage seen by Guardian Australia. Higginson argued in a statement about the complaint that 'there was no evidence whatsoever to form the basis to invoke the extraordinary police community control powers'. 'The event was intended and was a small lawful gathering of people protesting about SEC Plating and the genocide taking place in Gaza,' she said. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion 'When an officer exercises these powers after being authorised, any person given the direction must be informed that the direction is to prevent or control a public disorder.' Higginson said the appearance of the emergency powers on the arrest documents for Thomas was 'concerning' and suggested an assistant commissioner or above 'must have authorised their use and they must have believed that a large-scale public disorder was about to take place'. 'The other possibility for these emergency powers to be mentioned is that the NSW police are currently engaging in reverse engineering evidence to justify the [alleged] assault of an innocent member of the community. 'At no point over the last 10 days have any of the police, the premier, or the minister for police referred to public disorder, let alone large-scale public disorder.' The 27 June protest was outside SEC Plating, which protesters claimed was manufacturing parts used in the F-35 jet program. However, SEC Plating has denied this is the case. When part 6A of Lepra was introduced in response to the Cronulla riots, then premier Iemma Morris stated that 'these powers are not intended to be used in respect of peaceful protests, union demonstrations and the like'. In October 2023, the NSW deputy police commissioner David Hudson told reporters during a press conference that he was seeking to enable the riot powers before a rally in Sydney's Hyde Park. The announcement came amid fierce backlash against a 9 October rally outside the Sydney Opera House during which some people – who were not part of the initial protest – were chanting antisemitic slurs. On Friday, during an upper house parliamentary inquiry into antisemitism, Hudson defended the right to protest at that 9 October rally. 'We can't prevent the free movement of people throughout the city just because you're in a protest. You can walk down the street, the footpath,' he said. 'Bearing in mind, at that particular protest at the Town Hall, there were a lot of women, children [and] women pushing prams. 'It's not like we were going to put walls up and start boxing on with these people who have a right to protest.' Comment was sought from NSW police on Monday.

Post Office scandal: Victims say government's control of redress schemes should be taken away
Post Office scandal: Victims say government's control of redress schemes should be taken away

Sky News

time4 hours ago

  • Sky News

Post Office scandal: Victims say government's control of redress schemes should be taken away

Post Office scandal victims are calling for redress schemes to be taken away from the government completely, ahead of the public inquiry publishing its first findings. Phase 1, which is due back on Tuesday, will report on the human impact of what happened as well as compensation schemes. "Take (them) off the government completely," says Jo Hamilton OBE, a high-profile campaigner and former sub-postmistress, who was convicted of stealing from her branch in 2008. "It's like the fox in charge of the hen house," she adds, "because they were the only shareholders of Post Office". "So they're in it up to their necks... So why should they be in charge of giving us financial redress?" Jo and others are hoping Sir Wyn Williams, chairman of the public statutory inquiry, will make recommendations for an independent body to take control of redress schemes. The inquiry has been examining the Post Office scandal which saw more than 700 people wrongfully convicted between 1999 and 2015. Sub-postmasters were forced to pay back false accounting shortfalls because of the faulty IT system, Horizon. At the moment, the Department for Business and Trade administers most of the redress schemes including the Horizon Conviction Redress Scheme and the Group Litigation Order (GLO) Scheme. The Post Office is still responsible for the Horizon Shortfall scheme. Lee Castleton OBE, another victim of the scandal, was bankrupted in 2007 when he lost his case in the civil courts representing himself against the Post Office. The civil judgment against him, however, still stands. "It's the oddest thing in the world to be an OBE, fighting for justice, while still having the original case standing against me," he tells Sky News. While he has received an interim payment he has not applied to a redress scheme. "The GLO scheme - that's there on the table for me to do," he says, "but I know that they would use my original case, still standing against me, in any form of redress. "So they would still tell me repeatedly that the court found me to be liable and therefore they only acted on the court's outcome." He agrees with other victims who want the inquiry this week to recommend "taking the bad piece out" of redress schemes. "The bad piece is the company - Post Office Limited," he continues, "and the government - they need to be outside. "When somebody goes to court, even if it's a case against the Department for Business and Trade (DBT), when they go to court DBT do not decide what the outcome is. "A judge decides, a third party decides, a right-minded individual a fair individual, that's what needs to happen." Mr Castleton is also taking legal action against the Post Office and Fujitsu - the first individual victim to sue the organisations for compensation and "vindication" in court. "I want to hear why it happened, to hear what I believe to be the truth, to hear what they believe to be the truth and let the judge decide." Neil Hudgell, a lawyer for victims, said he expects the first inquiry report this week may be "really rather damning" of the redress claim process describing "inconsistencies", "bureaucracy" and "delays". "The over-lawyeringness of it," he adds, "the minute analysis, micro-analysis of detail, the inability to give people fully the benefit of doubt. "All those things I think are going to be part and parcel of what Sir Wynn says about compensation. "And we would hope, not going to say expect because history's not great, we would hope it's a springboard to an acceleration, a meaningful acceleration of that process." 11:28 A Department for Business and Trade spokesperson said they were "grateful" for the inquiry's work describing "the immeasurable suffering" victims endured. Their statement continued: "This government has quadrupled the total amount paid to affected postmasters to provide them with full and fair redress, with more than £1bn having now been paid to thousands of claimants. "We will also continue to work with the Post Office, who have already written to over 24,000 postmasters, to ensure that everyone who may be eligible for redress is given the opportunity to apply for it."

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