de Silva, Samanti --- "No Longer 'Throwing Money over the Fence'" [2007] IndigLawB 17; (2007) 6(26) Indigenous Law Bulletin 2

• No Longer ‘Throwing Money over the Fence’

No Longer ‘Throwing Money over the Fence’

by Samanti de Silva

In May 2006, Federal Indigenous Affairs Minister Mal Brough visited the Tiwi Islands to announce a landmark proposal: 99-year leasing of township land. Nguiu, the largest town on the Tiwi islands, was the first community in Australia to be considered for the leasing scheme and a heads of agreement was signed between traditional owners and the Federal Government as parties to the negotiations.^[1] It was said at the time that the head lease would be signed by the end of the year.^[2]

The proposal however, was not understood by most Tiwis. As information gradually spread, people became concerned and asked the Federal Government for more information on how the leasing scheme would work and what it would mean for Nguiu residents. While discussions have taken place between the Tiwi Land Council, senior land owners and the Federal Government, very little information has been provided to the wider community. Rumours recently circulated around town that the head lease was about to be signed.

On 7 March 2007, the community’s requests for information were finally answered, with a visit from representatives of the Commonwealth and Northern Territory (‘NT’) Governments. Wayne Gibbons, head of the Commonwealth Office of Indigenous Policy Coordination (‘OIPC’), attended the meeting on Bathurst Island. Representing the NT Government was Dennis Bree from the Chief Minister’s Office as well as local member, Minister Marion Scrymgour, who is herself a Tiwi.

Bill Gray, advisor to the traditional owners, also attended the meeting. Mr Gibbons and Mr Gray assured people that the lease had not yet been signed and that it was not going to be signed anytime soon. Mr Gray said that the Government had hoped for the lease to be signed by Christmas last year, but that the traditional owners did not agree to this, or any other, deadline.^[3]

Minister Brough, however, told the ABC more recently that he expects Tiwis to sign the head lease by May this year.^[4] The Minister has also announced that the Federal Government will create the entity that will administer the leasing scheme because it is tired of waiting for the NT Government to do so. NT Chief Minister Clare Martin has said ‘there is a lot of discussion on the Tiwis, there’s a lot of uncertainty and that has to be worked through… I'm not going to rush that and certainly, I don’t think our communities want it to be rushed.’^[5]

Mr Gibbons explained that 99-year leasing is part of a greater change, where Indigenous communities are being encouraged to open up and allow a mainstream economy to develop within their lands. He stated that the Federal Government wanted to ‘normalise’ services in Indigenous communities and bring them in line with other parts of Australia.^[6]

Mr Gibbons also emphasised the need for more of a partnership to develop between the Government and Indigenous communities, saying that the Government no longer wants a situation where it must ‘stand at the front gate and throw money over the fence’.^[7]

This comment gives an insight into how the current Federal Government views its relationship with Indigenous communities – essentially as a one-sided one where it sees itself as funding communities which unduly retain control of their lands.

Mr Gibbons and Mr Gray spoke at the meeting about the opportunities that the 99-year leasing will provide to the community, such as the potential for Tiwis to own their own homes and start up their own businesses. Ninety-nine-year leasing was also said to encourage outside businesses to invest in Nguiu and that this will create jobs.^[8]

Minister Marion Scrymgour said at the meeting however that

unless we address the issues of drinking, card games, gunja and all the other things that come in to this community, nothing will change. It’s going to get worse, our communities are getting sicker. We’re kidding ourselves if we think leasing will make a difference if these issues aren’t dealt with.^[9]

Nguiu Community Management Board President, Gawin Tipiloura, echoed this sentiment saying ‘government should be concentrating on education’.^[10] He made the point that the reason many Tiwis do not have jobs now is because of poor education, and that the existence of businesses here will not change this.

Minister Scrymgour commended the Federal Government for coming out and speaking to Tiwis about 99-year leasing. She said that the lack of information had lead to confusion and division. She said that ‘the fears that people have need to be answered and not dismissed.’^[11] She also expressed concern that ‘there’s too much division, and muruntawi [white people] involved[. T]here’s got to be more open discussion and talking between us as Tiwis and we need to work through these issues.’^[12]

The visit from the Government representatives gave community members an opportunity to hear directly from those who are conducting the negotiations. However, the community is only now starting to comprehend the proposal. Information must be provided in Tiwi and in an unbiased manner so that people can make a fully informed decision.

Earlier this year, the Human Rights and Equal Opportunity Commission’s Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, visited Nguiu. At a community meeting, Mr Calma said:

Government and the Land Council have a responsibility to provide information to each of us – whether we are traditional owners or other Aboriginal people living in the area. They have to talk to us in a language that we can understand and in concepts that we can understand.^[13]

He also spoke about research he had conducted to assess similarities between land leasing schemes in Indigenous communities in other parts of the world, and said that, in most cases, there has been no change in wealth or wellbeing of those communities in the long term.^[14]

Mr Calma’s visit was the only one that has occurred in Nguiu since the negotiations began where people had a chance to hear from someone who was both informed and independent.

Tiwis need more time to consider all the issues and to talk amongst themselves before making a decision that will have such a significant impact on their culture and lifestyle for several generations.

Samanti de Silva is the editor of Tiwi News, the local paper on the Tiwi Islands.

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^[1] Nassim Khadem, ‘Aborigines Encouraged to Own their Homes’, The Age (Melbourne) 5 May 2006, 2; Ashleigh Wilson, ‘Tiwi Deal to Secure Homes’, The Australian (Sydney) 5 May 2006, 7.

^[2] Khadem above n 1.

^[3] Wayne Gibbons and Bill Gray, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[4] ‘Canberra Seizes Control of Indigenous Land Tenure’, ABC News (Online), 14 March 2007 <http://www.abc.net.au/news/newsitems/200703/s1871375.htm> at 19 March 2007.

^[5] Ibid.

^[6] Wayne Gibbons, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[7] Ibid.

^[8] Wayne Gibbons and Bill Gray, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[9] Marion Scrymgour MLA, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[10] Gawin Tipiloura, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[11] Marion Scrymgour MLA, Meeting between Commonwealth and Northern Territory Government Representatives, Tiwi Islanders and their representatives, (Tiwi Islands Training and Employment Centre, Nguiu, Bathurst Island, 7 March 2007).

^[12] Ibid.

^[13] Tom Calma, Community meeting between Tom Calma, Nguiu Community Management Board President Gawin Tipiloura and Nguiu residents, (Xavier School, Nguiu, Bathurst Island, 25 January 2007).

^[14] Ibid.