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won t win in the high court but at least somebody s done something traditional elders storm high court over leases protesters stormed the high court in canberra yesterday after a group of nt traditional owners lost a high court case challenging the federal intervention in northern territory communities but indigenous affairs minister jenny macklin said the government would pay compensation for land taken maningrida traditional owner reggie wurridjal had argued the compulsory acquisition of aboriginal land through government leases was invalid because just terms compensation was not given the high court ruled the leases were valid the court decision sparked an angry reaction in canberra dozens of protesters indigenous and non indigenous stormed into the high court carrying banners and clapping the protesters chanted always was always will be aboriginal land as they moved into the high court s main foyer security guards tried to prevent the protesters from entering the building but were overwhelmed about 10 police officers were at the scene triggering scuffles as they forced protesters out in a 6 1 judgment the high court said the intervention was constitutionally valid andthat provisions had beenmade to properly compensatethose affected retiring justice michael kirby in his final judgment before retiring dissented and argued the matter should be sent to trial the law of australia owes the aboriginal claimants nothing less he said yesterday ms macklin said the government was committed to giving compensation for land and other assets we understand that people feel very strongly about this issue and reactions to the high court decision will vary she said she said the nt valuer general was working out how much should be paid once determined the australian government will immediately commence payment over the coming months she said some compulsory leases on communities were larger than necessary and some of them would be reduced in size she said intervention case lost but compensation owed northern territory indigenous claimants say they ve won the right to fair compensation for land taken over by the federal government as part of the indigenous intervention two maningrida traditional owners and the bawinanga aboriginal corporation yesterday lost a high court case in which they argued the government taking control of their land for five years was unconstitutional but the claimants say despite the court s ruling they ve improved the situation for aboriginal communities taken over by the federal government because compensation can now be sought the chief executive of the maningrida based bawinanga aboriginal corporation ian munro says until the court s ruling he had no confidence that fair compensation would be paid before today territorians were not entitled did not have an automatic entitlement to just terms compensation now they do he says the big thing that it means is that for the 73 prescribed communities that have been compulsorily acquired by the commonwealth the commonwealth now has to pay just terms compensation for those leases mr munro says the court ruling means the federal government won t be able to avoid it the court has found that just terms compensation must now be paid he says now that s not formerly a right or an entitlement that territorians whether they be aboriginal or non aboriginal enjoyed so that s a major victory for the northern territory the federal indigenous affairs minister jenny macklin says she always intended to pay compensation and is consulting the northern territory valuer general on how much but charles darwin university law lecturer ken parish says the territory valuer general faces a challenge in assessing aboriginal land for compensation purposes mr parish says he s not aware of any previous occasion when aboriginal land has been valued for compensation the problem the valuer would have here is that aboriginal land is inalienable it not only hasn t been bought and sold it can t be under the land rights act so there is no market and can be no market he says but what i imagine a valuer would do would be to draw an analogy with similar ordinary freehold land that does get bought and sold chanting protesters halt question time activists have interrupted question time in federal parliament to protest against the northern territory intervention about 20 protesters brought the first question time of the year to a halt for almost three minutes by chanting slogans from the public gallery they continued to loudly chant the slogans including stop the intervention and human rights for all as security guards pulled them out the chamber and forced them through the corridors of parliament a few scuffles broke out as security pushed the protesters out of the main foyer into the courtyard protesters disrupt federal parliament at least a dozen protesters have interrupted the first question time of the year by screaming stop the intervention human rights for all from the public gallery of the federal parliament security guards surrounded the protesters with one man placed in a headlock as they tried to remove him from the chamber the protest was in relation to the federal government intervention into northern territory aboriginal communities the protesters also chanted the slogans shame alp and reinstate the rda referring to the racial discrimination act security guards took several minutes to remove the protesters from the public gallery activists continued their protest outside parliament house with about 30 people chanting noisily outside the front doors while police and tourists looked on carl taylor of brisbane said the group was angry that police had earlier entered the aboriginal tent embassy near old parliament house several hours earlier they just came down there against our cultural right to preside over our cultural ceremonies mr taylor told aap they said they wanted to arrest someone the protesters who represented many different indigenous groups said they wanted an end to the nt intervention and reinstatement of the racial discrimination act protesters were also responding to a high court decision handed down on monday to dismiss a challenge against the intervention the protesters later moved to the tent embassy un to examine australia s intervention aboriginal people from the town camps of alice springs and nearby communities are preparing to take their fight against the federal intervention to the united nations sydney based human rights lawyer george newhouse says the australian government in its treatment of his clients would not want to be seen in a place which makes determinations about third world despotic regimes that are repressing indigenous populations former federal court judge ron merkel qc is also working on the case to be taken to the un committee on the elimination of racial discrimination the complaint will be that the intervention laws are racially discriminatory and they breach australia s international obligations in particular under the race convention mr newhouse said announced by the howard government 18 months ago in response to harrowing claims of widespread child sex abuse the intervention required the suspension of the racial discrimination act in order to roll out some of the more controversial measures these include the compulsory quarantining of half of all welfare payments to ensure the money is not spent on grog gambling or drugs mr newhouse described the case as incredibly strong and said similar matters had gone before the un where third world despotic regimes are repressing indigenous populations he said the rudd government should be embarrassed by the measures which are violating human rights and are blatantly racist there may well be some people who are benefiting from these measures but there are a lot more who aren t and that doesn t mean that because some people are receiving some benefits you can punish others he told abc radio in darwin there are a lot of very good aboriginal people who lead exemplary lives who are being humiliated and frustrated as a result of these laws mr newhouse who will address a public forum on the intervention in canberra on monday night conceded the un could not force the rudd government to change its policy but it can make a number of recommendations and mr newhouse says he expects the government to be taking note i think it s a source of great embarrassment to the australian government that indigenous australians are being forced to take this action he said meanwhile the construction industry is urging that aboriginal communities accept government blackmail for basic services on their lands building body urges aboriginal communities to sign land leases the northern territory construction association is calling on indigenous communities to quickly sign the land lease agreements the federal and territory governments are requiring before new houses are built the two governments want communities to sign over some control of their land for between 40 and 80 years as part of the northern territory intervention in exchange for new houses and repairs the construction association says it realises some communities are worried about the land leases but graham kemp from the association says the industry desperately needs the work because of the slowing economy posted in aboriginal affairs activism colonisation indigenous peoples indigenous sovereignty media nt intervention policing protest resistance social movements the state 27 jan 2009 stop the racism converge on canberra stop the racism converge on canberra converge on canberra 1 3 february 2009 http stoptheintervention org tuesday 3 february 2009 at 12 pm canberra rally for opening of parliament 1st 2nd february 2009 join activists from around the country in workshops at the aboriginal tent embassy in canberra donations desperately needed immediately reinstate the racial discrimination act repeal the nt intervention laws justice not jail stop black deaths in custody community control and full funding for all aboriginal services housing health and education stop the cuts to cdep recognise the culturally autonomous torres strait islander and aboriginal nations of the australian continent and immediately end the one size fits all approach to indigenous affairs consult with communities and nation groups independently in order to develop policy in partnership with sovereign cultural law and practice full welfare rights for all end the punitive welfare quarantine immediately adopt the un declaration on the rights of indigenous peoples tuesday 3 february 2009 at 12 pm rally for opening of parliament buses will take people to canberra for the protest on tuesday morning and return on tuesday afternoon busses leave at 8 am sharp meet at 7 30am on tuesday 3 feb from opposite redfern station 20 negotiable to book a seat on the bus call jean 0449 646 593 before sunday 1st feb 1st 2nd february 2009 join activists from around the country in workshops at the aboriginal tent embassy workshops include discussion of the impacts of the nt intervention and how we can stop it attacks on cdep community development employment programs and the new assimilation the fight for recognition of aboriginal sovereignty and more there will also be a public forum and discussion on the monday night in canberra the nt intervention living with a racist policy monday 2 february 2009 at 7pm albert hall commonwealth ave yarralumla canberra speakers include barbara shaw mt nancy town camp mparntwe alice springs harry jakamarra nelson yuendumu community elaine peckham iwupataka land trust george newhouse human rights lawyer jon altman australian national university and other residents from nt intervention prescribed communities stics members are joining people from around the country to converge and camp at the aboriginal tent embassy on the lawns of old parliament house convergence organisers have arranged porta loos and marquees and the chai tent will be providing some food for a donation but campers are asked to bring some snacks statement for the canberra convergence aboriginal australia still waits for human rights aboriginal people are 13 times more likely to be in prison than non indigenous australians and horrific deaths in custody continue as highlighted by recent events on palm island aboriginal babies die at more than twice the rate of the non indigenous population the stolen generations still wait for compensation land rights are under increasing threat by mining companies and waste dumps and by the government s push for leases to remove community control over community land labor has not adopted the un declaration on the rights of indigenous peoples the nt intervention is based on racial discrimination in april 2008 aboriginal and torres strait islander social justice commissioner and race discrimination commissioner tom calma said the most revealing indicator that the nt intervention was not consistent with human rights principles was the provision at the centre of the legislative machinery used to support the intervention namely suspending the operation of racial discrimination act yet the rudd government says the racial discrimination act will remain suspended and a blanket welfare quarantine will be maintained for at least the next year an intervention that relies on the suspension of the very act designed to protect people from racism makes a mockery of any claim that it is for the benefit of aboriginal people self determination aboriginal control of aboriginal affairs for old people the intervention is bringing up bad memories of the past the old days the ration days the dog tag days and the mission days women s statement from the inaugural prescribed area people s alliance 29 september 2008 under the northern territory emergency response nter leases and government business managers have been imposed on prescribed communities the only houses built with intervention funds have been for the business managers many of which are unoccupied only a handful of prescribed communities have been offered funding for housing and only if they lease their land to the government for 40 60 or even 90 years many communities deemed unviable will be denied funding and basic welfare rights successful programs run by local communities dealing with issues of alcohol abuse domestic violence and education have been dismantled as the nter has taken bureaucratic control the recommendations of the little children are sacred report are being ignored the women of the prescribed area people s alliance declared we want to strongly maintain and practice our culture we want to stay in our communities and pass on traditional knowledge to the future generations yet the nt government has announced a ban on the teaching of aboriginal languages in schools for all but one hour in the afternoons this approach of open assimilation and mainstreaming is being rolled out across australia koori schools in victoria are being closed by the st...