#AusUPR20 Score Card: Australian land management and cultural heritage legislative and regulatory regimes fail to recognise the intrinsic connection between Indigenous lands and cultural heritage. 1/9
Current regimes do not uphold the rights of Aboriginal and Torres Strait Islander peoples to ‘free, prior and informed consent’ or capacity to reject mining and protect cultural heritage, traditional lands and waters. 2/9
The destruction of the globally significant 46,000- year-old Juukan Gorge, described as ‘the dawning of humanity’, highlights the abject failure of Aboriginal cultural protection laws and Native Title. 3/9
The Rio Tinto mining corporation blasted the sacred site, in the Pilbara region of Western Australia in May 2020, after having received Ministerial consent to destroy through the Western Australian Aboriginal Heritage Act (1972). 4/9
The failure to protect this site confirms the discriminatory nature of legislation to preserve Aboriginal cultural heritage sites and the racially inferior land title provided to Aboriginal people. 5/9
Traditional Owners had been granted Native Title in 2015, but Native Title legislation does not enable Traditional Owners to refuse mining. Juukan Gorge is one of 463 sites in Western Australia granted permission to destroy... 6/9
under section 18 of the Aboriginal Heritage Protection Act since 2010, with no applications refused and no requirement to consult Aboriginal Traditional Owners, nor does it provide an appeal process for Aboriginal people. 7/9
The Australian Government review and amend the Aboriginal and Torres Strait islander Heritage Protect Act (1984) and the Environmental Protection and Biodiversity Conservation Act (1999) to confer ‘free, prior and informed consent’ for Aboriginal and Torres Strait Islander. 8/9
Recommendation: The Australian Government ensure that all sacred items removed from Juukan Gorge by Rio Tinto be returned to the Traditional Owners and Traditional Owners be funded to establish an appropriate keeping place. 9/9

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More from @drlouisehansen

20 Feb
It’s time to #EndChildDetention for Tharnicaa and Kopika, to #RaiseTheAge of the incarceration of children from 10 to 14 years, and it’s #TimeForAHome for those who came to Australia escaping danger and instead were detained indefinitely for never ending years. 1/10 #HomeToBilo
Australia went before the United Nations Human Rights Council for its Universal Periodic Review in Jan, 2021. Over 40 countries criticised Australia’s refugee policy, that Australia’s abandoned it’s human rights responsibilities. 2/10 #GameOver #EndChildDetention #HomeToBilo
27 countries urged Australia to raise the minimum age of criminal responsibility from 10 to at least 14 years. Australia's age policy disproportionately affects Indigenous children who may already have inter-generational trauma. 3/10 #GameOver #EndChildDetention #RaiseTheAge
Read 12 tweets
19 Feb
It’s me, Tharnicaa. Kopika’s finished drawing a picture. We’ve been detained by the Australian Government for 1082 days. Do you believe in God? #HomeToBilo #Auspol
Hello little ones! My understanding is that each story was intended to be taken not as a fact, but as a metaphor to know life, which some called God. My friend who was a refugee from Iran shared a beautiful story when children asked her why do all religions fight each other. 1/2
Read 6 tweets
19 Feb
#AusUPR20 Score Card: The Native Title Act 1993 (Cth) (“NTA”) has fundamental flaws that favour mining interests over Aboriginal peoples’ rights which are inconsistent with the principle of equality before the law. 1/6
Amendments to the NTA have further eroded common law rights to procedural fairness and reduced the ‘right to negotiate’ over the exploitation of Native Title lands, in contravention of UNDRIP Articles 8, 18, 19 & 20. 2/6
Under the NTA Traditional Owners do not have rights to refuse mining. Only when mining is agreed can they negotiate an Indigenous Land Use Agreement (ILUA), where the terms are usually kept secret. 3/6
Read 6 tweets
19 Feb
#AusUPR20 Score Card: The Cashless Debit Card (CDC) is an extension of the NT Intervention’s ‘Income Management’ policy and is also racially discriminatory, with more than 81% of compulsory recipients Aboriginal. 1/8
The CDC quarantines 80% of cash welfare, it is humiliating and stigmatises Aboriginal people, exacerbating financial hardship and entrenching disempowerment, with independent reviews reporting that it leads to increased violence and crime. 2/8
A lack of technology, phones and repeated power outages have prevented access to funds and food in remote communities. A Coronial Inquiry into Child Suicide heard the CDC was disempowering and a contributing factor. 3/8
Read 8 tweets
19 Feb
Minister Mr Hawke’s phone number is: 0262777770. Talking Points: My name is  _____, I live in _____. I am calling to ask Mr Hawke to use his Migration Act powers to bring Priya, Nades and their QLD-born girls home to Biloela immediately. 1/3 #EndChildDetention #HomeToBilo
I understand the Department of Home Affairs recommended that the Immigration Minister consider granting this family a visa to remain in Australia almost two years ago. Over 350,000 Australians have called for this family to come home to Biloela. 2/3 #EndChildDetention #HomeToBilo
I do not support a Government that is detaining this family, trying to force them from Australia to danger, or that keeps children in detention. Mr Hawke must use his Migration Act powers to bring this family home to Biloela immediately. 1/3 #EndChildDetention #HomeToBilo
Read 4 tweets
17 Feb
Khodayar Amini was a 30 year old Afghani man who sought asylum in Australia. After experiencing Australia’s draconian Immigration system he sent this message to his friend, urged his advocates to go to the media, and then set himself on fire: 1/6 #GameOver #HomeToBilo
“I Khodayar Amini write the following few sentences with my blood for those apathetic so called human beings. Yes they did this to me, with slogans of humanity, sentenced me to death. My crime was that I was a refugee. 2/6 #GameOver #HomeToBilo
They tortured me for 37 months and during all these times, they treated me in the most cruel and inhumane way. They violated my basic human right and took away my human dignity with their false and so called humane slogans. 3/6 #GameOver #HomeToBilo
Read 6 tweets

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