TODAY AT HIGH COURT - CALL TO END GENOCIDE : Melbourne Indymedia

MEDIA RELEASE
Wednesday 13 April 2005
12.00pm

This morning at 9.30am Indigenous Elders from geographic Australia met at
the High Court in Melbourne. Around 50 supporters gathered with flags
chanting “Always was, always will be, Aboriginal Land,” The Elders spoke to
the media before the crowd filed into the building to lodge a writ of
mandamus. The elders are prosecuting the government for genocide, calling
for the government to address the issues of Aboriginal Genocide, Sovereignty
and Treaty, coined as the Black G.S.T.

At around 10.20 the indigenous elders lodged a writ of mandamus at the High
Court Registry, directing the defendants to investigate and prosecute key
perpetrators (including government officials) of acts of Genocide committed
against Original Peoples of geographical Australia on 26 September 2002 and
daily thereafter.

The Elders declared that defendants are unwilling and unable (within the
definition of the International Criminal Courts Act 2002) to investigate and
prosecute such perpetrators for such acts of genocide.

Indigenous Nations Elders of geographical Australia in attendance–
Uncle Kevin Buzzacott from Arabunna Country, Aunty Wadjularbinna Nulyarimma
from Gungallida Country, Aunty Isabell Coe from Wiradjuri Country, Aunty Sue
Charles Rankin form Jaara Country, Robbie Thorpe from Gunnai Country, Mick
Thorpe from Gunnai Country and Lionel Mongta from Yuin Country. They are
taking the commonwealth to the I.C.C. (International Criminal Court) to
prosecute for continuing acts of premeditated criminal Genocide. They called
on other elders from around the continent to intervene.

“This is the commonwealth’s last opportunity to avoid international
prosecution. Stop the denial and resolve the issues of Black G.S.T. The
unfinished business is Genocide to be stopped. Sovereignty to be restored
and a Treaty/s to be signed. We intend to make these issues and our presence
the focus of the forthcoming Stolenwealth Games in 2006. For more
information, go to aboriginalgenocide.com.au

Contact:
Robbie Thorpe
0423 910 492

There are more laws now and more attention is being paid in law to the important areas of neglect, ommission and indifference. Like hate speech there are more and increased penalties in these areas that may be of some use in the formal struggles ahead.

As the dead are many and more people are dying each day the struggle will not be all formal by any means. I hear you Auntie Coe - loud and clear - more power to you and also to the neglected Lorenzo Komboa Ervin whose quote I leave youse with.

"...The Black movement needs allies in its battle against the racist Capitalist class - not the usual liberal or phony "radical" support, but genuine revolutionary working class support and solidarity, otherwise called "mutual aid" by anarchists. The basis of such unity however must be principled and be based on class interest, rather than liberal "guilt tripping," "do-gooding" or opportunism and manipulation by liberal or radical political parties. The needs of the oppressed people must be the most important consideration, but they want genuine support, not fakery or leftist rhetoric..."

FROM...

http://lemming.mahost.org/abr/abr1.htm

'...not the usual liberal or phony "radical" support, but genuine revolutionary working class support and solidarity.'

I think they should learn to live with the phony support they have been getting. Having been amongst the working class for some time in the transport industry (TWU member), I was considered a (and I quote) 'leftie lunie' and sometimes even 'commo' by the vast majority for expressing concern over aboriginal issues far less controversial than the ones put forward here. Some of the quotes would curl the hair of experienced vilifiers... These people (generally, of course) are the most strident enemies of Native Title notions that I have ever met in my life.

The problem with a class-struggle, is that the classes stubbornly refuse to support the struggles assigned to them by the political pundits.

The poor and oppressed are typically too busy being poor and oppressed to be too socially active.

The "working class" tends to be not very sympathetic to those who they see as not actually doing any work.

The bourgeoise tend to similtaneously chase after capital and material weath, while decrying capitalism and materialism -- hence, Chardonnay Socialists and Commies with Gold Cards.

The financially supported but under-achieving sons and daughters of the last two categories are able to similtaneously live both hedonistic and socially aware lifestyles -- but, eventually the money runs out and they have to join on of the preceeding categories.

There, there's those who just don't give a darn about anyone but themselves.

So, I think you should take your support from wherever you can get it.

The issue is totally about government taking responsibility (or not) for the utter injustice.
Its not about support- its about enabling freedom through acknowledgment.
Obviously when a party is supported, in a sense, they are kept dependant on that source of support,
which is what I understand the whole issue is about.
The desire to be free and not bound by the constraints which are always there with 'support' and the conditions that always come with that.
I wish the original inhabitants all the best, and one day at a time, justice will be done- pretty sure thats the lore of the land.... forgive those who know not what they do
God only knows theyll wish they had hindsight!

First off, HELL YEAH!! Great that the nations have got the unity & organization together to go ahead with this & do it overseas where the presiding judges won't have been picked by Howard. I'd be interested to know the reasoning behind the date that's been chosen, why it's from only two and a half years ago.

As for Native Title - it's bullshit. With full respect to all those who've made successful claims - cheers even for succeeding where they meant for you to fail - manipulated, cropped, and restricted as it stands Native Title legislation is there for the federal government to be able to wave at other countries and say, "see, it's all fair here". The legislation puts a ridiculous onus of proof on claimants, and is designed to fail at least 9 times out of 10. Applicants have to show continuous use or occupation of the land without interference by white settlement. That's a bit unrealistic when generations were stolen and relocated and new arrivals pretty much have had free run of the joint. Even where a claim succeeds in court, which may mean fighting a string of tax-funded appeals, it doesn't ensure unrestricted use of the land and it doesn't necessarily even mean any compensatory royalties for resources that may be extracted.

The Act also retrospectively excuses racially discriminatory practices from 1976 to 1993. Furthermore, in action Native Title brings division and distrust to communities and creates destructive power games and suspicions rather than the kind of unity that real, fair land rights legislation should encourage. Maybe we wouldn't be under the impression that Native Title is such an opportunity if the media would look at how it actually operates rather than just reprinting glowing press releases from the Liberal Partly.

Sovereignty was never ceded, 20+ million people aren't about to leave for their genetic homelands, and the last 217 years can't be erased, but with some genuine effort to understand the issues, cultures, needs and wants of Australia's First Nations and act, not with patronising "we feel your pain" (coz anyone who hasn't been there and says that is full of shit even if they think they're "really connecting") and more token handouts but genuine, real commitment to redressing some of the injustices done and respecting people who've survived what's gone before this is a real opportunity for this whole country's betterment that this government is stupid enough to ignore.

Good luck to you elders. Go hard, be thorough, call them on their lies and don't feel confident just because you're right - make sure you can prove it - again and again and again!

Much as I sympathise with the charge these guys have no chance of succeeding in anything but the court of public opinion. The fed court, in nulyarima v thomas, conclusively found that genocie wasn't even a crime in Australia (shame, I know). Plus the current court is stacked with howard-appointed conservative bastards (callinan, hayne, CJ Gleeson) so they're not going to accept the tenous **legal** claims.

Don't get your hopes up.