Royal Commission inquiring on the religious beliefs of aboriginal
women in Hindmarsh Island, South Australia, Australia.
Hindmarsh Island is situated in the state of South Australia, where
the Murray River empties into the sea. The Island, along with the
nearby wetlands, is called the Coorong. In addition to a great
religious significance to Aboriginal Peoples, it also has great
ecological significance.
According to the Ngarrindjeri Women's Group, and the Aboriginal
Legal Rights Movement -ALARM-, in 1977, land developers, primarily
Binalong, Pty. Ltd., proposed to the government of the state of
South Australia, Australia, to build a bridge from the mainland to
Hindmarsh Island.
Binalong, owned by Tom and Wendy Chapman, first built a marina on
the site in 1977, and later secured a permit for the bridge from
the state of South Australia. Development of the area is supported
by the Liberal Party Administration of South Australia, as well as
local white miners and large landowners.
Aboriginal Peoples have always identified strongly with the land.
It was the dispossession of their land which began with the arrival
of Europeans in 1788 which began the process of a whole Peoples'
dislocation with all its consequential problems on the lives,
culture, religion, and way of life of Aboriginal Peoples.
The Coorong since time immemorial has been of particular cultural
and religious significance to the Ngarrindjeri Peoples. Important
burial sites have been identified in the area. Ngarrindjeri men
began making public the significance of sites in the area in 1988.
The Coorong is used by aboriginal women in religious ceremonies and
observances. Participation in these ceremonies has historically
been prohibited to Aboriginal men, although the site is also a
historical burial ground for Aboriginal Peoples of both sexes.
Knowledge of the specific religious beliefs and practices attached
to the site is prohibited not only to Aboriginal men but to the
public at large. Even the presence of men, Aboriginal or not,
during religious observances, is prohibited on the site as their
presence would be considered interference with the fertility of the
Race and of our Mother the Earth.
Initial work on the bridge already has led to destruction of sacred
Aboriginal sites.
When the bridge was first proposed, Aboriginal Peoples claimed that
the site as a significant religious site, and as such, subject to
Australian law, including both state and federal Aboriginal
Heritage Acts, requiring Aboriginal consultation and consent before
the site is developed.
In 1994, the Australian Federal Minister for Aboriginal Affairs
commissioned an investigation of the cultural significance of the
Hindmarsh Island region, the Coorong, to Aboriginal Peoples. This
investigation demonstrated that not only was the area important to
the Ngarrindjeri Nation in general, but that it held special
significance to Ngarrindjeri women in particular. As is common in
Aboriginal culture, these religious beliefs were deemed secret and
sacred, to be shared only by a specific number of Aboriginal women.
The Federal Minister, acting on the evidence of the general
significance of the area to Ngarrindjeri Peoples, placed a 25 year
ban on the bridge's construction.
According to the Ngarrindjeri Women's Group, reports then began to
surface in some sections of the media, that these Aboriginal
Women's spiritual beliefs were "fabricated" in order to stop
construction of the bridge. The evidence for these allegations was
extremely tenuous, and recently it has become apparent that some of
the evidence may have been engineered by supporters of the
construction aided by some section of the media.
The Premier of the state of South Australia, Dean Brown, named a
"Royal Commission" to inquire into the religious spiritual beliefs
of Ngarrindjeri women, specifically to demonstrate "fabrication."
This Royal Commission is mandated to, and is in effect, now
inquiring as to the "legitimacy" of the religious and spiritual
beliefs of Aboriginal women.
The Ngarrindjeri Nation, apart from five dissenting individuals,
have refused to cooperate with the Royal Commission on the grounds
that it is unlawful, unjust, and an infringement on their religious
freedom. Precisely because of their religious beliefs, Aboriginal
women have refused to discuss their religious beliefs before the
Commission.
Not only do the Ngarrindjeri Peoples oppose these actions approved
and promoted by the state of South Australia, the Australian
Conservation Federation as well as the local community, trade
unions, environmental groups, and some smaller landholders in the
area also oppose the building of the bridge and development of
the area. According to the Ngarrindjeri Women's Group and ALARM,
because of its ecological and religious importance, the site should
be on a National Heritage List.
Given the ignorance of men of these practices and beliefs, and the
religious prohibition of public or male knowledge of these
spiritual values, the Commission knows, or should know, that their
conclusion will be groundless. Colonization is again evaluating
Aboriginal culture and religion without the slightest semblance of
understanding or concern. As argued by the Ngarrindjeri Women's
group, there are no "facts" on which an inquiry can be sustained.
The Royal Commission is proceeding apace with its inquiry and
intends to issue findings. Initially, the Commission stated that
all evidence would be considered. Now the Commission has begun to
refuse testimony from supporters of the Ngarrindjeri Peoples.
It is obvious that the Commission findings will be used by the
government of South Australia to justify development of the site,
in spite of the fact that the only persons willing testifying as to
the religious significance of the site, and the only testimony the
Commission is now willing to accept, are those who are ignorant of
its significance to Aboriginal women.
According to the Ngarrindjeri Women's Group, never before in
Australian history has any group been subjected to such an inquiry
into their spirituality. This inquiry has been condemned by the
Australian Human Rights Commission and Church and Social Justice
groups.
The legal inquiry carries with it the powers of coercion and could
result in the incarceration of the women if they refuse to make
public details of their secret and sacred beliefs. The Commission
is now serving to intimidate a Peoples and to trivialize their most
sacred beliefs.
Given the history of Australia, including the practice of stealing
male children from their parents and community, to be raised by
white families, isolated from their community's religion or
culture, few if any Aboriginal men are willing or able to
adequately describe the religious or spiritual importance of the
site.
Aboriginal culture and religion was not the subject of study in
state run Aboriginal schools. The genocide of Aboriginal Peoples
has been historically omitted from history books, wherein Captain
Cook is still considered a great man. Bounties placed on the heads
of Aboriginal Peoples, according to recent Australian history, is
a mere "aberration."
The Royal Commission itself is a serious attack on the process of
reconciliation between Aboriginal and non-Aboriginal Peoples.
Australia's shameful history of genocide, racism and neglect of
Aboriginal Peoples has a great deal to overcome if it will ever in
fact achieve reconciliation. Aboriginal Peoples continue to live
under poor health standards and have higher death rates than the
general Australian population. In a "wealthy western country,"
Aboriginal Peoples in Australia suffer a standard of living worse
than those found in so-called third world country.
The reconciliation process requires white Australians to recognize
Aboriginal rights to land. According to Ngarrindjeri Women's
spokesperson, Gina Manno, the Hindmarsh Island Royal Commission
seeks to discredit the essential connection between Aboriginal
Peoples, their sacred sites and beliefs, and their lands, and is
doing great harm to Aboriginal Peoples. By its mandate and its
behavior, it will significantly set back race relations in
Australia.
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The following is a press release issued by the Aboriginal Legal
rights Movement, in an appeal for international support:
ABORIGINAL LEGAL RIGHTS MOVEMENT, INC., 13/6/95
Press Release For Immediate Release
The Aboriginal Legal Rights Movement today indicated strong
opposition to the holding of a Royal Commission as postulated by
the Premier, Mr. Dean Brown.
The ALARM, through its spokesperson today, said that, "the holding
of this Royal Commission may result in grave breaches of the
Commonwealth Racial Discrimination Act, involve issues of
inconsistency contrary to s.109 of the Federal Constitution as well
as of the International Convention on elimination of all forms of
Racial Discrimination which was adopted by Australia in 1969."
The spokesperson further said, "breaches of both the Racial
Discrimination Act (Commonwealth) and the International Convention
may arise because both the Act and the Convention entitle all
people to freedom of thought, religion and cultural activities
without distinction as to race or national origin."
To hold a Royal Commission and as to whether or not the beliefs of
Aboriginal women are a fabrication is to subject them to a scrutiny
and inquisition that other members of the community with different
religions and beliefs are not required to undergo. This is not a
Royal Commission as to whether or not a bridge should be built, it
is a Royal Commission solely directed to whether the beliefs of
Aboriginal women are valid.
The narrow focus of the Royal Commission may result in breaches of
natural justice. Mr. Brown's comments on radio this morning,
indicating restriction on the rights of parities or witnesses to be
represented by an independent counsel, is contrary to well
established legal principles of natural justice. To suggest that
counsel acting on behalf of the Commission may also be able to act
as counsel assisting a witness is to endorse conduct amounting to
a conflict of legal interest.
Further, the present terms of reference [of the Commission] are
solely focused on the question of "fabrication" of women's business
and excludes specific reference to essential elements giving rise
to such an issue. Namely:
* The role of the media and the means used by
journalists to obtain information from
Aboriginal people regarding Aboriginal women's
beliefs.
* The role of the State Government and its
failure to investigate women's beliefs of
which it already had knowledge prior to its
authorization of destruction of the bridge
site area on 3 May 1994.
The spokesperson added, "the details of this Royal Commission are
being announced after the Federal Minister, Mr. Tickner, has
already indicated on the 8th of June, 1994, that he would conduct
a further independent inquiry under the Commonwealth Aboriginal
Heritage Act and has appointed Justice Jane Matthews to conduct it.
The Federal inquiry is legally correct and would not be an
infringement of fundamental human rights. To subject Aboriginal
women to two inquiries would not only be doubly oppressive but the
State Royal Commission will not resolve the issue as to whether or
not a Federal declaration should be made to prevent the
construction of a bridge on the site."
Contact: Sandra Saunders - ALARM - (08)211-8824
321 King William Street,
ADELAIDE SA 5000
tel: (08)211-8824
fax: (08)211-7618
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Faxes protesting this infringement of Women rights and Religious
liberty should be addressed to:
Premier Dean Brown,
The Hindmarsh Island Bridge Royal Commission
Adelaide, South Australia
fax (from the US): [011]618 231-1131
The Ngarrindjeri Women's Group would greatly appreciate copies of
letters of support and other communications. A knowledge of
support from others would go a long way to alleviate somewhat the
deep concern and sense of loss of women in a great stuggle to
preserve their culture and spiritual life.
Ngarrindjeri Women's Group
c/o Gina Manno
Adelaide Day Center
32 Moore Street
Adelaide, South Australia 5000
AUSTRALIA
FAX FROM THE US: [011]618-212-6226