Paul Moorehead
“Cigars and Kachinas: Enforcing the Indian Arts and Crafts
Act.”
Corbin
Collins, “Who owns the past?”
Roberto Mucaro Borrero, “Columbus
Day Celebrates Genocide.”
Annalise Romoser, “U.S. Certifies
Indigenous Extinction in Colombia.”
Jennifer Martiniello, “Howard's
New Tampa - Aboriginal Children Overboard.”
CIGARS AND KACHINAS: ENFORCING
THE INDIAN ARTS AND CRAFTS ACT
Paul Moorehead
Reprinted with permission from Indian
Country Today, http://www.indiancountry.com/content.cfm?id=1096415258,
Posted: June 21, 2007
Even though it is a violation of
federal law to offer, display for sale or actually sell any
good in a manner that falsely suggests it is Indian produced,
an Indian product, or the product of a particular Indian or
Indian tribe or Indian arts and crafts organization, every year
our federal government witnesses hundreds of millions of dollars
worth of foreign-made, counterfeit Indian arts and crafts flooding
our domestic market.
These imports are made in China,
the Philippines, Mexico and other places, and do real economic
harm to authentic Indian artists. These imitations ruin the
integrity of the market for authentic goods by reducing the
demand for the real thing. Some observers will remember the
now-famous case of the town in the Philippines that changed
its name to ''Zuni'' so that it could stamp the phrase ''Zuni
made'' on the ersatz jewelry it shipped into the United States.
The story would be funny were it not for the fact that the investigative
and prosecutorial arms of the government sit by and allow this
to occur year after year, administration after administration,
despite the efforts by some in Congress to put a stop to these
foreign rip-off artists.
Congress has revisited the issue
time and again and has cajoled the Department of Justice to
take up and file at least one criminal case and in 1990, and
again in 2000, amended the act to increase both criminal and
civil penalties for violations. On the criminal side, a single
violation of the act brings with it a fine of not more than
$250,000, 5 years in prison, or both. Subsequent violations
cost either $1 million, 15 years, or both. Civil suits can result
in an injunction to stop the activity as well as treble damages
(defined as gross profits) or $1,000 per day for each day the
activity continues. Courts are also authorized to award punitive
damages, attorneys' fees and the costs of the suit. Arizona
Sen. John McCain has introduced legislation again this year
that would increase the criminal penalties for violations of
the act.
The most surprising aspect of all
this is that not a single criminal prosecution has been filed
for violations of the statute. Not one. Ever. In the 1980s and
1990s, the U.S. DOJ's rationale was that ''scarce resources
and higher priorities'' occupied the time of federal prosecutors.
In the wake of Sept. 11, 2001, and the ongoing war on terrorism,
these rationales would seem ever more persuasive.
How then to explain the zeal with
which the United States is pursuing people who have the audacity
to buy and bring back into the country a box of Cuban cigars?
The Department of Treasury's Office of Foreign Assets Control
is evidently launching a dragnet in the search for offenders
and their illegal booty. Indeed, in letters sent to people who
made recent purchases from cigar shops abroad, OFAC reminded
the recipients that breaking the ban on these outlaw smokes
could result in prison time up to 10 years, $250,000 in individual
fines and $1 million in corporate fines.
Selective prosecution of our nation's
laws has a corrosive effect on our society over time. Even a
single, high-profile criminal case involving a large volume
importer or distributor would go a long way to discourage these
activities. Until then, a person is free to purchase all the
fake Indian art, rugs, dolls and jewelry he may want without
fear of prosecution; but if he brings home a handful of cigars
from an island in the Caribbean, he might very well end up in
federal prison.
Paul Moorehead is a partner in the Indian Tribal
Governments Practice Group in the Washington, D.C., office of
Drinker Biddle & Reath, LLP, and was the staff director
and chief counsel to the Senate Committee on Indian Affairs.
<<<<<<…….||||…….>>>>>>
WHO OWNS THE PAST?
Corbin Collins
This commentary first appeared in
The San Francisco Chronicle, on page B - 11, in “Open
Forum,” September 5. 2007.
If asked to enumerate their human rights, I doubt
that most Americans would mention the right to control their
dead. This is not because there is no such right; rather, the
entitlement is so basic and universally extended that it is
hardly recognized as a "right" by most people. But
suppose America were occupied by a foreign invader whose scientists
pillaged our cemeteries and shipped our ancestors' remains home
for research. I have little doubt that most Americans would
regard this as a fundamental violation of human rights and dignity.
The United States, of course, allowed this to happen to its
indigenous people. Although our government acknowledged almost
every other group's spiritual and legal claim to their dead,
for much of American history it did not extend this basic human
entitlement to Native Americans. Huge quantities of their ancestral
remains and sacred objects were shipped to research institutions
such as UC Berkeley's Hearst Museum, which houses the second
largest such collection in the nation. In 1990, Congress tried
to redress the injustice by passing the Native American Graves
Protection and Repatriation Act (NAGPRA), which requires museums
to repatriate human remains and sacred objects to tribes.
The law has had mixed success. Congress essentially left the
details of NAGPRA administration to the institutions that controlled
the collections, and although many museums have been conscientious,
many have not. Unfortunately, NAGPRA fails to take sufficient
account of the inherent conflict between museums' institutional
and research interests and their obligations under the law.
Museums quite naturally want to keep their collections intact.
This is especially true of museums run by scientists who conduct
research on human remains, often in violation of Native American
religious beliefs. The social utility of this research, by the
way, is largely intellectual. Although academic archaeology
is a worthy and respected subject, it won't do much to cure
disease, prevent global warming or solve other problems of vital
consequence for human life. In this sense, it is a luxury endeavor
with a limited audience, and ought not to take precedence over
human rights.
Many Native Americans believe that some scientists, particularly
at the Hearst and other UC museums, are extremely hostile to
NAGPRA and deliberately frustrate tribal claims. One way scientists
have done this is to exploit basic NAGPRA classifications. The
law required that museums file inventories of their Native American
collections by 1995, identifying items as either "culturally
affiliated" or "culturally unidentifiable." Museums
had to repatriate remains and artifacts to affiliated tribes,
but for the indefinite future, they were allowed to keep culturally
unidentifiable items. It is not surprising that some museums
classified large portions of their collections as culturally
unidentifiable.
For example, the Hearst Museum, which did not complete
its inventory until 2000, classified more than 80 percent of
its collection as culturally unidentifiable. Tribes can challenge
this classification, but only on a "case by case"
basis. Tribes essentially have to do all of the research and
then place their evidence before "repatriation committees."
In the UC system, they first have to convince a campus committee
and then a system-wide committee. These committees are dominated
by scientists. For instance, the University of California Office
of the President committee is composed of five archaeologists,
one attorney and two Native Americans.
Within this context, a recent decision by Berkeley scientists
and administrators is very troubling. The UC Berkeley vice chancellor
of research, herself a scientist, commissioned a review of Hearst
NAGPRA services by two archaeologists, both of whom sit on the
UCOP committee. The vice chancellor excluded Native Americans.
The archaeologists recommended eliminating the NAGPRA unit,
which included three Native Americans who worked independently
of museum scientists. This unit offered comprehensive research
and consultation that helped tribes overcome a stacked process.
The university has now removed all Native Americans from positions
of authority over NAGPRA and has essentially subordinated NAGPRA
interests to the goals of research scientists. It
appears that once again, a basic human right of Native Americans
has been trumped by a luxury science. It is time for the UC
Regents to intervene.
Corbin Collins is a Bay Area writer and communications director
for the Native American NAGPRA Coalition.
-mmmmmmmm-
COLUMBUS DAY CELEBRATES GENOCIDE
Roberto Mucaro Borrero, October 1, 2007
As Columbus Day fast
approaches so does the realization that it is one of the most
controversial of 8 U.S federal holidays. At least 17 States
do not celebrate or recognize the holiday and plans for annual
protests and related educational initiatives are well under
way across the United States.
While some Americans question why all there is so much
the controversy toward the "discoverer of the New World",
I am reminded of the collective "human spirit" that
brought together the nations who developed the Convention on
the Prevention and Punishment of the Crime of Genocide in 1948.
The United States was among the original signatories of this
Convention whose second article states that genocide means any
of the following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group,
as such: (a) Killing members of the group; (b) Causing serious
bodily or mental harm to members of the group; (c) Deliberately
inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part; (d) Imposing
measures intended to prevent births within the group; (e) Forcibly
transferring children of the group to another group.
In light of this definition, as we review the legacy
of Columbus - from the acts he personally committed to atrocities
committed by his "countrymen" and successors - one
would be hard pressed to not see the connections to the genocide
of Caribbean and other Indigenous Peoples throughout the hemisphere.
Whether "mixed or full blood", the contemporary descendants
of the first Indigenous Peoples to meet Columbus, the Taino,
Carib, and Arawak Peoples are survivors of what can be considered
a centuries-old campaign of genocide committed against our communities.
From the encomienda system to the sterilization of our women
to the commodity and genetically modified foods that have been
imposed on our rural or urban "ghetto-ized" communities,
this genocidal campaign continues albeit in subtle forms. These
vestiges of old colonial regimes masquerading as a new world
order affect the well-being of not only our present but our
future generations.
Although Columbus himself never set foot in the United States,
Indigenous Peoples throughout the country recognize that the
celebration of the federally (tax payer) funded holiday called
Columbus Day is a symbol of genocide. Promotion of Columbus
as a "hero" is racism as its one-sided mainstream
presentation attempts to sanitize the injustices committed during
his time or the injustices that continue to be committed against
our Peoples today. Indeed, Columbus Day supporters vindicate
the celebration of these injustices under the guise of an alleged
"civilizing" of savage, non-European peoples.
With regard to racism, I refer to the Webster's definition,
which holds that it is "a belief that race is the primary
determinant of human traits and capacities and that racial differences
produce an inherent superiority of a particular race."
In the same definition, racism is further defined as "racial
prejudice or discrimination."
Again, by reviewing the motives behind the Columbus enterprise
as well as his actions toward and against the Indigenous Peoples
of the Caribbean, we can link not only the man himself but his
legacy and symbolism directly to racism. This link can be made
much in the same way there was an outcry against flying the
Confederate Flag on U.S. government grounds. The Confederate
flag is linked by many to the legacy of slavery and it is generally
accepted that slavery in the past or present constitutes a gross
human rights violation unacceptable by "civilized"
standards today.
Columbus was a slave trader and the majority of his contemporaries
promoted and exported this institution. Fueled by his philosophy
of racial superiority, Columbus instituted systems on behalf
of the King and Queen of Spain, which fundamentally denied the
self-determination of Caribbean Indigenous Peoples. This racist
philosophy has been supported at all levels of imposed government
regimes including past and present educational systems.
Contemporary Taino descendants should have a particular interest
in this subject as government and educational institutions continue
to deny our right to self-determination by denying our existence.
The denial of our right to self-determination is a violation
of our basic human rights. Our right to self-determination was
recently acknowledged by the United Nations with its adoption
of the Declaration on the Rights of Indigenous Peoples. Non-Taino
academics who are elevated to the status of "experts"
on our culture without any consultation with our communities
are intentionally or unintentionally parties to these human
rights violations. While we remain "invisible" peoples
with no rights, "they" remain free to say and promote
what they want to say about ancestors, our people and our heritage.
Make no mistake if you are a Taino,
your rights are being violated everyday whether you want to
admit it or not. These violations do not discriminate against
"full bloods or mix bloods" as they are violations
against our communities as a whole. Our most recent example
of the violation of our rights as Taino people is evidenced
by the "Grito de Caguana" protest in Boriken (Puerto
Rico) and the arrest of Taino people occupying our sacred ceremonial
grounds. These violations, these examples of racial prejudice
and discrimination as well as the promotion of symbols of genocide
against our ancestors and our peoples must not be tolerated
even at the most subtle level.
Referring back to Convention on the Prevention and Punishment
of the Crime of Genocide, Article 3 states that along with genocide;
conspiracy to commit genocide; direct and public incitement
to commit genocide; attempt to commit genocide; and complicity
in genocide are all punishable by law.
As we turn our attention toward the state-sponsored promotion
of symbols of genocide such as Columbus and Columbus Day, it
becomes ever clearer that our present and future generations
can not afford our complicity. While the legacy of Columbus
is a part of our collective history, it is not a legacy that
should be sanctified with a national celebration at the expense
of those whose ancestors gave their lives defending their liberty
against a brutal and unjustifiable oppression.
Roberto Mucaro Borrero is the President of the United
Confederation of Taino People`s Office of International Relations
and Regional Coordination. He is also the current Chairperson
of the NGO Committee on the United Nations International Decade
of the World`s Indigenous Peoples, a Special Committee of the
Conference of Non-Governmental Organizations in Consultative
Relationship with the United Nations -CONGO. He can be reached
at: rborrero@amnh.org.
<%%%%>
U.S. CERTIFIES INDIGENOUS EXTINCTION IN COLUMBIA
Annalise Romoser,
January 13, 2007
Reprinted, with permission, from the Fall 2007 issue of the
Americans for Indian Opportunity Ambassador, aio@aio.org.
When Miguel
Moran Acosta graduated from high school this year in Colombia’s
southern jungle province of Putumayo, he went back home to farm
with his family in Alto Comboy, an Awa indigenous reserve. Days
later, on May 23, Colombian army officials entered the reserve,
tied Miguel’s hands and feet together and took him off to a
nearby mountain. The following day, Miguel’s lifeless body was
put on display in the province’s military barracks as a guerrilla
downed in combat.
Hundreds
of miles away, and just days before Miguel’s death, 700 Embera
indigenous people were attacked by Colombia’s anti-riot squad.
Three children ages 6 to 8 were killed and another 22 people
went missing.
Out of Colombia’s eighty-four officially recognized indigenous
groups, twelve are on the brink of extinction. Although irregular
armed groups of the country’s nearly 50-year civil war are responsible
for most of the violence against indigenous communities, local
human rights groups have thoroughly documented the increasing
role of the Colombian military in such abuses.
Although highly organized in many regions, Colombia’s estimated
one million indigenous peoples have little control over the
military’s actions against them. The United States government,
however, does have the power to assert considerable pressure
on the Colombian military, and according to the letter of the
law, it is required to do so.
The current U.S. Foreign Appropriations bill requires the State
Department to “certify” Colombia’s human rights progress every
six months before dispersing a large portion of U.S. military
aid. Last year alone, that sum represented over 55 million dollars.
Nonetheless, since Plan Colombia—a U.S. military aid package
aimed at curbing drug production in Colombia—was launched seven
years ago, the State Department has not exercised its influence
over the Colombian military. Instead, the State Department has
consistently certified the military’s human rights record, despite
well-documented abuses, and provided them with nearly five billion
dollars in aid.
Despite the increase in extrajudicial killings and forced displacement
in indigenous communities during the tenure of Plan Colombia,
it was not until mid-2007 that the U.S. Embassy in Bogotá agreed
to include indigenous leaders in meetings to assess the impact
of military aid on human rights. The State Department’s decision
was apparently driven by a new condition, included by Congress,
in the Foreign Appropriations bill that requires the Colombian
military to respect the territory and rights of Colombia’s indigenous
people. To date, the National Indigenous Organization of Colombia
(ONIC) has been invited to one such meeting.
Darío Mejía, member of the ONIC’s executive committee, recently
railed against the government’s record in protecting indigenous
communities: “Over 100 forced displacements of our people in
four years, nearly 600 political assassinations of indigenous
peoples in the same time period and 423 illegal detentions.
In this war, we understand that the government has an anti-insurgency
policy and we understand that the government has an anti-narcotics
policy, but we must ask, what is its policy against indigenous
peoples—a policy of extermination?”
U.S. and Colombian human rights
organizations are calling upon Secretary of State Condoleezza
Rice to help protect indigenous peoples in Colombia by “decertifying”
the country’s military. Instead of offering the army a blank
check that leads to violence against indigenous communities,
say human rights groups, Secretary Rice could play a crucial
role.
By withholding U.S. funds, Secretary Rice would be sending
a clear message in support of indigenous rights to the Colombian
military, and, more importantly, she would effectively reduce
the likelihood of a mass indigenous extinction in the country.
The U.S. Congress has given her the tools to do just this, yet
until she does, the process of indigenous extinction in Colombia
will continue to be certified with a stamp of approval by the
U.S. State Department.
Annalise Romoser (anna@usofficeoncolombia.org) is a Senior
Associate at the Washington, D.C.-based U.S. Office on Colombia, a non-profit organization that seeks
to educate policymakers, the media and the public about the
impact of U.S. policy on Colombia.
+<xxx>+<xxx>+
HOWARD’S NEW TAMPA – ABORIGINAL CHILDREN OVERBOARD
Jennifer Martiniello
This article was written for newspapers
in Australia, and distributed with permission to publish by
NGO_ip_undecade: NGO_ip_undecade@yahoo.com. It is a
commentary upon Australian Prime Minister Frank Howard strong
emergency response to reports of widespread child abuse in the
Northern Territory committed by whites and Aboriginal people
in Aboriginal communities, with an emergency intervention, calling
in police from other areas “to restore law and order” in Northern
territory Indigenous communities, bringing in the Military and
doctors to do check children’s health; withholding welfare payments
from parents whose children are out of school; and taking over
Aboriginal lands, revoking the ability of Aboriginal councils
to determine who can enter their remote communities. As indicated
in the report at the end of International Indigenous Developments,
above, in acing as he did, Howard completely ignored the 97
recommendations for an effective and appropriate program to
end child abuse in Aboriginal communities, Little Children
Are Sacred, undertaken by the Northern Territory.
Howard's new Tampa children overboard are our Aboriginal
children. The Little Children are Sacred report does not advocate
physically and psychologically invasive examinations of Aboriginal
children, which could only be carried out anally and vaginally.
It does not recommend scrapping the permit system to enter Aboriginal
lands, nor does it recommend taking over Aboriginal 'towns'
by enforced leases. These latter two points in the Howard scheme
hide the true reason for the Federal Government's use of the
latest report for blatant political opportunism.
It has been an openly stated agenda
that Howard wants to move Aboriginal people off their lands,
and has made recent attempts to buy off Aboriginal people by
offering them millions for agreeing to lease their lands to
the Federal Government, e.g. Tiwi Islands and Tangentyere in
Alice Springs. There was also the statement by the Federal Government
that it could not continue (?!) to provide essential services
to remote communities, which raised an uproar of responses in
the press. The focus on the sexual abuse of children is guaranteed
to evoke the most emotive responses, and therefore command attention,
just like the manipulation of the Tampa situation. But while
the attention of the media and the public is being emotionally
coerced, what is being sneaked in under the covers? Two issues
specifically - mining companies have applied for more exploration
permits in the Northern Territory, the Jabiluka uranium mining
operations at Kakadu have already hit the media because of the
mining company's applications to the Government to significantly
expand its operations, including establishing new mines at Coronation
Hill, and another critical issue - nuclear waste.
The Howard Government has already mooted that nuclear
waste should be dumped in the Northern Territory, on Aboriginal
lands. Aboriginal traditional owners are absolutely opposed
to this. We have a long history of deaths and illness from radiation,
from the atomic tests at Woomera in the 1950s to the current
high incidences of carcinomas in the community at Kakadu near
the Jabiluka site. The main obstacle to the Federal Government's
desired expansion of mining operations in the Northern Territory
and nuclear waste dumping is, of course, the Aboriginal people
who have occupancy of, and rights under the common law to, their
traditional lands.
Following the stages of the Howard Government's usual
modus operandi (defund, blame, eliminate), defunding of critical
programs forremote Aboriginal community projects began in July
2004, with coerced changes to funding contracts, and monies
for critically needed youth and health programs in remote areas
being the first dollars to go. Take Mutitjulu for example, which
was notoriously profiled by the ABC's Nightline program. I say
notorious because one of Senator Mal Brough's personal staffers
was the so-called ex-youth worker interviewed on that program,
and the content of that interview was laden with myths and mistruths.
The staffer in question failed to appear when summoned before
a Senate inquiry to explain and the Senator's office is yet
to issue a statement. When the community lodged a formal protest
to Government, it was raided and their computers seized. But
the program did show the effects of the Howard Government defunding
of essential programs on that community, in particular the youth
centre and health centre. The people at Mutitjulu also just
happen to be the traditional owners of Uluru, one of this country's
most lucrative tourist attractions. The Howard Government would
not like us to ask who benefits by the people of Mutitjulu being
forced off their community. Under the amendments to Native Title
made by the Howard Government, once Aboriginal people have left
their traditional lands, forcibly or otherwise, their rights
under the common law that every other Australian enjoys over
their land are significantly impaired.
Progressive defunding of Aboriginal art centers has also
begun, with a range of community art centers not having their
funding renewed by DCITA in July 2005 and 2006 in the Northern
Territory, from communities in Arnhemland to mid and southern
Territory communities. The art production facilitated by those
Aboriginal art centers are the only means through which members
of those communities can actually earn a living, as opposed
to being on welfare. But then, dependent people are easier to
control by means of that dependency. The Howard Government's
failed Shared Responsibility Agreements (SRAs) have also been
the catalyst for further blame shifting and progressive defunding,
take Wadeye for example.
Our Aboriginal communities are being squeezed further
into dysfunction and disenfranchisement by carefully targeted
political engineering, the systemic and ruthless roll-out of
a planned agenda. It is no accident that Howard's scheme to
address what he calls the urgency of the Little Children
are Sacred report's 97 recommendations was trotted out so
very quickly, and addresses so very few of those recommendations.
It is sheer political opportunism to advance an already in motion
agenda, and to score points in an election year. After all,
The Little Children are Sacred report is not the first of such
reports, nor are its findings and recommendations new. The Federal
Government has had the 1989, 1991, 1993, 1997 and 2002 reports
gathering dust and deliberate inaction on its shelves. Perhaps
Mr. Howard has been saving them up for a rainy election year?
And of course Mr. Howard's scheme targets only Aboriginal
communities, despite the fact that the findings specifically
state that non- Aboriginal men, that is, white men, are a significant
proportion of the offenders, who are black-marketeering in petrol
and alcohol to gain access to Aboriginal children. What measures
is the Howard Government going to take about non-Aboriginal
sex offenders, pornographers, substance traffickers and the
like? Nothing according to the measures announced, but then,
they're not Aboriginal and they don't live on the Aboriginal
communities where their victims live.
So who are the real victims here, the silenced victims
of John Howard's scheme? Aboriginal children, of course, who
will be subject to physically and psychologically invasive medical
examinations, irrespective of their home and family circumstances,
and who will deal with the mental and emotional fall-out from
that? Aboriginal men, too, who become the silenced scapegoats,
painted by default by John Howard as all being drunken, child-raping
monsters. Perhaps the fact that almost every picture shown of
Aboriginal men in the media these days shows them drunk, with
a slab, cask or bottle under their arms leads Mr. Howard to
expect that one to pass unchallenged, irrespective of the fact
that statistics show that only 15% of Aboriginal people drink
alcohol, socially or otherwise, compared to around 87% of non-Aboriginal
Australians. The greater majority of Aboriginal men are good,
decent people. Perhaps the media would like to rethink its portrayals
of Aboriginal men? How about some photos of the other alcoholics,
you know, the white ones. There's more of them.
And what of our communities? The Howard Government also
hasn't mentioned that the majority of Aboriginal communities
in the Northern Territory are already dry communities, decided
and enforced by those communities. But then that would spoil
the picture Mr. Howard wants to paint of our Aboriginal communities.
Other large communities, such as Daly River, have controlled
the situation by only having alcohol available from the community's
club and enforce a strict four can limit. Also forgotten in
the current politically opportunistic furor is the fact that
Aboriginal communities around Tennant Creek and Katherine have
been lobbying Governments and town councils for decades to restrict
the sale of alcohol on Thursdays, when Aboriginal community
people come to town for supplies. So far their pleas have been
rejected. Nothing in Mr. Howard's plan to facilitate that, either.
Or about the control of alcohol when those people, once forced
off the communities into the towns, bring their problems with
them, child abuse or alcoholism and all the rest. Of course
that would make access to Aboriginal children a lot easier for
white offenders, they won't have to go so far to find a victim.
One last word on focus of attention. In the famous Redfern Address,
the then Prime Minister, Paul Keating asked perhaps the most
important question for all Australians to consider. He said
'We failed to ask the most basic of questions. We failed to
ask – What if this were done to us?' What if this were done
to us - to Mr. And Mrs. Average Australian, to our schools,
youth centers, health centers, access to medical care, communities,
homes, children, grandchildren?
After all, current national health reports from a wide
range of health organizations name sexual abuse of non-Indigenous
Australian children as a crisis area in need of urgent attention.
And the numbers of victims are higher. National reports into
mainstream domestic violence, alcohol and substance abuse also
call for urgent action, again the issues are at crisis level,
and the numbers of victims and abusers are far higher than in
the Little Children are Sacred report. None of the recommendations
in all of those hundreds of national health reports recommend
compulsory sexual health tests for every Australian child under
sixteen. Not one of them recommends that a viable solution is
closing down youth and health programs, in fact they all advocate
that more are needed. None recommend that the victims' or the
offenders' communities and homes should be surrendered to the
Federal Government and put under compulsory lease agreements,
and none advocate processes which would lead to either the victims
or the abusers losing their rights under common law to their
property as measure to control or remedy the occurrence of abuse.
Would the Howard Government even dare to contemplate such as
that? I think not. It would be un-Australian, and the Government
it would expect immediate legal repercussions on the grounds
of impairment of human rights, extinguishment of rights under
common law, discrimination, and a raft of other constitutional
issues. Besides, Mr. and Mrs. Average Australian don't, for
the most part, live on top of uranium and mineral deposits or
future nuclear waste dumps.
But seriously, the most critical question for all
Australians to ask themselves in the lead up to this year's
Federal Election is just that - What if it were done to us?
With full acknowledgment of what has already been done to workers,
trade unions, student unions, public primary, secondary and
tertiary education, elderly care, palliative care, medicare,
crisis health care, nurses, teachers, multicultural affairs,
migrant groups, women, child care, small businesses and artsworkers,
among the many, through the exercise of policies of social engineering
and fear, your answer at the polling booth may just determine
whether it will be done to you, or continue to be done to you.
As reported in the Sydney Morning Herald 25th June,
the Howard Government last week used the military to seize control
of 60 Aboriginal communities in the Northern Territory, which
are now under military occupation. This is not Israel and Palestine.
The Northern Territory is not Gaza or the West Bank. This is
Australia - but is it the Australia you thought you lived in?
Walk in our shoes, Aboriginal Australia's, and ask yourselves,
what would it be like to have this done to us? And then, walk
with us.
Jennifer Martiniello is an award winning
poet, writer, visual artist and academic of Arrernte, Chinese
and Anglo-Celtic descent. Jennifer was awarded the Canberra
Critics Circle Award 2000 for Literature, and was an ACT Creative
Arts Fellow for 2003. She has published five books and her poetry,
prose and essays have been published nationally and internationally.
She is a former Deputy Chair of the Aboriginal and Torres Strait
Islander Arts Board of the Australia Council for the Arts, a
member of the Advisory Committee of Aboriginal Studies press,
AIATSIS, and currently sits on the Advisory Board of the Australian
Centre for Indigenous History at the ANU. She is the Director
of Kemarre Arts, and teaches Community Development and Indigenous
Issues at the Canberra Institute of Technology She may
be contacted at: kemarre@optusnet.com.au, Cell: 0423629470,
http://www.kemarrearts.com.au.
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