Submission to the United Nations Global Biodiversity Outlook 2010
The State of Australia’s Biodiversity
Nation in Peril
A submission to the ICUN Convention on Biological Conservation – Global Biodiversity Outlook, 2010
M.D.Elliott. Student – Certificate IV, Conservation and Land Management, Chisholm, Rosebud, Victoria, Australia
Submitted for consideration and/or inclusion in the Global Biodiversity Outlook Report to the ICUN
1st October, 2009
Contents:
3. Overview
4. A Brief Description of the Victorian Bushfires of February 2009
4. Detrimental Effects of Current Legislative And Policy Change
5. Ongoing Adverse Effects on Biodiversity
Threats to Biodiversity and Indigenous Communities in the Northern Territory
6. Remote Aboriginal Communities, Caring for Country, and the Homeland Movement
6. The Northern Territory Emergency Response Bill
8. Effect on Biodiversity
8. Responses from Traditional Aboriginal Owners
Conclusion
9. Australia – Last Chance to See?
9. Recommendations
9. References
Overview
Recent events in Australia have led to what could be considered a national emergency. The current drive and behavior of the Australian Government has led to a state of fear and confusion, whilst moving forward in a manner that could only be described as autocratic. There are many critical issues facing this nation at present. Decisions by Government over the past few years have placed many of Australia’s people and natural systems at grave risk.
For the purposes of this submission, I have drawn on two issues that I believe to be of critical importance to biological preservation. Both issues revolve around fire. The recent catastrophic bushfires in Victoria has elicited a response from the Victorian Government likely to worsen bushfire events in the future, and threatening a further reduction of Australia’s biodiversity. This is the first issue I will examine.
The second is the forced removal of Traditional Aboriginal people from their homelands in the Northern Territory (NT). In many remote parts of Australia, traditional controlled burning is practiced to this day, as it has been for thousands of years. In the NT, recent Federal and Northern Territory Government action is effectively breaking this ancient land management practice, leading to increased fuel loads and greater overall carbon emissions. The incidence of a number of very high fuel bearing exotic grasses is likely to increase dramatically without local management, and the prospect of ferocious grass fires, especially in the Top End of the NT, will inevitably lead to a massive reduction in biodiversity.
Both issues would seem distantly related at best, however the relationship between people, fire and biodiversity on this cotenant is intrinsically connected by virtue of an evolution of its controlled use over thousands of years. Recent introductions of Laws in Victoria and the Northern Territory have seriously undermined the efforts of not only the Scientific and Conservation communities to preserve biodiversity, but those of indigenous people obligated by Traditional Law to care for their countries.
The Australian and Victorian Government has introduced these laws without any community consultation, ignoring the rights and responsibilities the nation has to both people and the environment, as well as working against the preservation of Indigenous culture. Within this, a clear link can be seen between ecocide and genocide in its contemporary form in Australia.
In order to properly reflect the current status of Australia’s obligations under the terms of the Convention on Biological Diversity, signed by Australia and 149 other government leaders at the 1992 Rio Earth Summit, I will attempt to concisely frame Australia’s current political and social climate on the issues of fire management through the aforementioned examples. I will first describe the background of these issues separately and in brief. For the purposes of this report, I will then relate the adverse impacts of government policy and legislation to the destruction of biodiversity. Finally I will make two recommendations I feel are now critical to arresting the imminent social and ecological disaster resulting from poor and ill contrived Government decisions.
A Brief Description of the Victorian Bushfires of February 2009
With the devastating loss of 173 lives, the February 2009 Victorian Bushfires, now known as the Black Saturday Fires, have been described as the greatest peacetime disaster Australia has experienced. Around 430,000 hectares of land was burnt or affected, including 70 national parks and reserves and over 3,550 agricultural facilities. [1] The 2009 Victorian Bushfires Royal Commission was established soon after and is currently engaged in investigations.
The Royal Commission produced an Interim Report in August 2009, and is due to hand down the findings by 31st July 2010. One of the items listed to be examined is the management of vegetation around buildings. [2]
Detrimental Effects of Current Legislative and Policy Change
The Victorian Government has taken it upon itself to introduce indiscriminate vegetation clearing, known as the 10/30 Rule. This rule gives landholders and authorities the option of clearing trees within 10 meters and ground cover within 30 meters of a dwelling or reserve [3]
Other irrational responses to the 2009 fires by State and Local Government have also occurred, such as the transfer of insurance liability to volunteer community based Foreshore Committees, and the uncontrolled removal of fallen timber from roadside reserves before each fire season by members of the public, usually for use as firewood. [4] There has been no consultation with the public on this issue, and legislation was rushed through with less than one days notice, without any regard to the ecology, nor existing scientific evidence. Most alarming is that the Royal Commission is still underway, and yet to examine the issue of vegetation management in relation to wildfire. As a result no evidence has been submitted to the bushfires royal commission that wholesale clearing such as what is now allowed is required to protect Victorians from fire. [2.] Bushfire behavioral expert Kevin Tolhurst is one of many who have come forward to state that the 10/30 Rule only serves to increase the risk of fire in Victoria. [7]
The absurdity of the broad application of the 10/30 rule is that it applies anywhere in the State. The fear being expressed by many in the general and scientific community is that it will lead to a drastic reduction in the last remaining pockets of natural bush across the state. Before the 10/30 Rule, the major contributors to the ongoing decimation of biodiversity in the Victorian bush includes continued clearing for commercial agriculture and forestry, the damming and drying out of river systems and remaining wetlands, and exotic weed invasion.
For example, in the case of exotic weed invasion, initial infestations are often established directly after disturbance, and in many instances the resulting fuel load becomes exponentially greater than that of natural bush. The Mornington Peninsula, Victoria, is already recognized by the United Nations as a UNESCO biosphere reserve. Patches of Costal Moonah Woodland, listed under the Victorian Flora and Flora Guarantee Act 1988, and known to rarely if ever host fire, has already been cleared on the Mornington Peninsula [5], which does not even have a history of wildfire and is considered of extremely low risk. [9]. Weed invasion is inevitable, particularly at the urban – rural interface, creating future fire hazards, and directly affecting the integrity of this rare ecosystem. Indiscriminate clearing has also led to a extinction of a population of Coast Helmet Orchids, possibly Corybas despectans, on the Mornington Peninsula. [5]
Other species are already under pressure from extreme temperature events, and may be further pushed towards the brink with increased loss of habitat. Animals considered common such as the Common Ringtail Possum, Brush Tail Possum and Sugar Glider may well qualify for vulnerable or endangered status with just one more hot summer, as a large percentage of the populations of these animals were lost across Victoria in the summer of 2009 through heat stroke. With further unmitigated removal of habitat, their conservation status in Victoria may become critical. [6]
The current state of Victorian river systems is also contributing to greater risk of fire. Every river and creek in Victoria has been obstructed by dams, [5] leading to significant drying out of the landscape. Rare ecosystems, particularly temperate forest, peat bog lands, wetlands and the river and creek side communities themselves are suffering continued and unmitigated decimation, and are becoming more and more vulnerable to fire as the surrounding landscape dries out. [8]
With the reduction of vegetation, particularly the top and middle stories, wind speeds will increase, further adding to the risk of a devastating repeat fire event. [8] The loss of trees will add to the impact by placing remaining trees weakened by lack of water in danger of falling down, further perpetuating the cycle. [5]
Needless to say those with development aspirations are strongly supporting these measures. However, the further risk of soil erosion, destabilization, wind effects on trees, and landslides due to the loss of trees does not seem to have been considered by either developers or the State Government.
The fact that the Royal Commission is yet to examine vegetation issues is of greatest alarm. The contribution of commercial plantation pine forest and Blue Gum throughout Victoria cannot be ignored. The combination of high temperatures, high wind speeds and volatile oils contributed significantly to the intensity of the firestorms of 2009. It was also reported to the Royal Commission that vast areas of land devoid of everything but short grass were also burnt, demonstrating that fires of this intensity will still reach human habitation despite immense vegetation free buffers. [2], [7]
Ongoing Adverse Effects on Biodiversity
The 10/30 Laws introduced will only increase the incidence and rate of weed invasion, soil erosion, wind speed, and drought, creating even more dangerous conditions and creating a management nightmare for statutory authorities and the public. The detrimental effect on the biodiversity of the South East of Australia will be profound [9]. The lack of consultation and advice sought by the Australian Government has shown a deeply concerning lack of correct democratic procedure and scientific support. The effect on the biodiversity of Victoria has already become evident, and if the situation is not arrested, irreversible damage will continue to occur.
Threats to Biodiversity and Indigenous Communities in the Northern Territory
Remote Aboriginal Communities, Caring for Country, and the Homeland Movement
The history of Australia’s initial colonization is well documented, and where it is not it often lives on in the memories of those directly descended from the first Australians. Strategies common to genocidal campaigns were systematically employed by the early colonialists, massacres and murders, rape, torture, imprisonment, seizure of land and property, separation from family, restrictions on teaching traditional education, language and skills, etc. These strategies have been employed worldwide, particularly in the last 500 years of intercontinental conquest, in the acquisition of land and countries by dominant societies.
In 1975, Premier Gough Whitlam returned land at Wave Hill, Western Australia, back into the hands of the Traditional Gurindji Land Owners. This marked the beginning of the homeland movement in Australia. With the support of the Federal Government, thousands of people moved off the Government designated Aboriginal reservations and christian missions, returning to their Traditional Estates. Access to traditional foods, medicine, culture and land saw an improvement in the general health of the communities, and allowed for the redeployment of important traditional land management strategies such as controlled burning.
Fire has played a critical role in the evolution of Australia for untold thousands of years. A partnership evolved between the original Aboriginal Nations and the land is based fundamentally on the controlled use of fire. The careful application of seasonal patch burning of certain ecotypes facilitated biological diversity, while at the same time delivering an abundance of food, medicinal and industrial resources for use by people. The menu and pharmacopeia of the Australian Aboriginal People is comprehensive, and western science is only just beginning to appreciate the great potential of the Australian biota for modern uses. The practice of caring for country via controlled patch burns is still carried out by Traditional Aboriginal Owners in many remote regions of Australia to this day.
It is not my intention to reference the many supporting studies and reports published on these topics, as they are readily available and well known. Suffice to say that Aboriginal Tenure in many parts of Australia has never been relinquished, and many still keep their culture alive, particularly in remote regions. It is my intention to make a clear connection between current Australian Government direction, and the loss of both the original Nations of this continent, and their unique ecology.
The Northern Territory Emergency Response Bill
In August 2006, The Northern Territory Government commissioned a Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. The report, Little Children Are Sacred, was publicly released on the 15th June, 2007.
The report concluded that sexual abuse of children in Aboriginal communities had reached crisis levels, demanding that it “be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments.” [10] After this report and the following immense media support, The Racial Discrimination Act 1975, was suspended by the Howard Government by virtue of the new Northern Territory Emergency Response Act 2007, [11] under the guise of a temporary special measure in a declared emergency. [12] The military was then deployed into many of the larger communities in both the rural areas and the cities in the NT, and was used by the Government to seize control of Aboriginal land held under the title provisions of the Native Title Act 1993. [11] $83 million AU was spent setting up temporary health centers where parents, and only Aboriginal parents, were forced to take their children for examination by outside medical staff. In some places the temporary health clinics were set up opposite existing health facilities. [13] This was terrifying to many people, especially those who had had their children stolen from them in the past, as well as those who were stolen from their parents.
While the major premise for the occupation maintained by the Federal and Northern Territory Government was that sexual abuse of Aboriginal children was in plague proportions, four months into the intervention only four referrals had been made to Child Protection Services. It was also later revealed that the health checks being imposed upon the children did not include anything to identify sexual interference. [13]
It has been estimated that the $86m spent on the intervention would have brought every health service in the Northern Territory up to acceptable world standards. [14]
Another contradiction of the stated goals of the “Emergency Intervention” is that of housing. All funding to Homeland settlements and Outstations has been frozen, and Aboriginal people currently residing on Homelands are to move onto Government designated “Regional Centers”, [11] where they are told housing will be provided. The Government has told Traditional Owners that a lease agreement needs to be signed where the houses are to be built. The lease agreements being put forward by the Government grant the government anywhere between 5 and 99 years tenure and control. Many people do not want to sign away their land, but the housing is desperately needed. [15] Over $670 million AU has been allocated to housing in these newly designated Government Reservations, and to date not a single house has been built from those funds. [16] Only 5 leases have been signed to date. [17]
Half of all Government welfare monies entitled by Aboriginal people have also been seized. Replaced by a plastic card designed to restrict users to buying food and similar essentials, many people are going hungry, unable to afford to travel up to 300kms and more to get to a shop where the card will work, let alone unable to leave the Northern Territory because the new card will not work in any other state in Australia. Effectively, these measures have created a state of desperate poverty, forced relocation, and unfair and discriminatory rules. [18]
The overall effect of these measures has been to inflict a devastating new array of social and cultural restrictions on Aboriginal People, while forcibly seizing land and dismantling existing essential Aboriginal services and enterprises.
Effect on Biodiversity
Aside from the social implications of the new laws and policies, the removal of Aboriginal people from their Homelands places vast tracts of land at risk of weed invasion and greatly intensified fire events. It has also been estimated that traditional controlled burning practices reduce Australia’s carbon emissions by a very significant amount, though it is not included in carbon trade. [19]
Another direct threat to biodiversity lurking in the background is that of mining. Before the intervention was introduced, the Government opened up access to minerals on Aboriginal Land to mining companies. Immediately following the introduction of the intervention, mining companies started pouring into the Northern Territory, putting pressure on already stressed Aboriginal Land Holders to sign exploration licenses. Previously restricted from harassing Aboriginal people into signing commercial mining agreements, companies are now enjoying virtually unlimited access to Traditional Land Owners. This continues with the support of the current Labor Government. [20] The true legality of the latest flood of exploration leases must be questionable on numerous grounds under these circumstances.
Responses from Traditional Aboriginal Owners
Traditional Owners across the Northern Territory have responded in numerous ways. The Ampilawatdja, formerly of Yuendemu, Central Australia, have walked off the Government settlement and returned back to their homelands. They are refusing any further interference from the government and have appeals to Amnesty International as well as the United Nations. [15] Traditional Owners from Nukarr and other remote communities have also applied to the United Nations for Refugee Status [17], and others are considering similar action. [15] Traditional Owners from the Dukarridji in Maningrida, Central Arnhemland took their case to the high court on the grounds that the compulsory acquisition was unjust. The High Court ruled in favor of the Commonwealth. [21] Others have also taken various components of the intervention to court on various grounds, and more are seeking court action. People in Town Camps in Darwin and Alice Springs are also responding, collecting data on the effects of the intervention, holding public rallies and travelling the country communicating their plight to the nation and the world. For many, all negotiations with the Government are off, and they are turning to the resourcefulness of their own communities for solutions. [18]
Conclusion.
Australia – Last Chance to See?
Australia is on the brink of losing the last remaining vestiges of biodiversity as we speak. The identification of the above processes as ecocide / genocide is by no way based on an emotive standpoint. It is based on the evidence at hand, and in the case of the Northern Territory Intervention, has been supported by the UN’s Special Rapporteur on Indigenous Human Rights, Professor James Anaya. If the autocratic actions of the Australian Government are not soon brought to heal, Australia stands to lose not only the bulk of its unique life forms, but those of its original people. In my mind, this clearly constitutes an international emergency. I welcome any and all support from the international community in these matters, and hope this submission helps to clarify the current desperate situation in Australia.
Recommendations
1/. That the IUCN takes note of the colonialists’ activities of the Australian Government, and gives consideration to decisive international action with the intention of restoring the basic rights of Aboriginal Australians.
2/. That the IUCN takes note of the accelerating loss of Australia’s biodiversity through the activities of Government and industry, and gives consideration to taking decisive international action with the intention of protecting our unique and ever rarer biodiversity.
References:
1. History of Bushfire in Australia, Department of Sustainability and Environment, Victoria http://www.dse.vic.gov.au/DSE/nrenfoe.nsf/LinkView/E20ACF3A4A127CB04A25679300155B04358FFCDA5CA1F43FCA256DA6000942C9
2. 2009 Victorian Bushfires Royal Commission, Interim Report, August 2009.
3. Jason Dowling. The Age Newspaper, 24/02/2009
4. Mornington Leader Newspaper, 15/9/2009.
5. Gidja Walker, Ecologist, Mornington Peninsula, Victoria. Pers. Comm. 29/9/2009
6. Malcom Legg, Ecologist, Mornington Peninsula, Victoria. Pers. Comm. 15/9/2009
7. Dr. Kevin Tolhurst, Sunday Age, 27/9/ 2009 http://livingwiththebush.org/dp/content/expert-warns-land-clearing-risks
8. Ecology – An Australian Perspective, Attiwill & Wilson , 2003 p.378-9
9. Professor Michael Buxton, Fairfax Digital, 7/9/2009 http://news.smh.com.au/breaking-news-national/clearing-laws-could-destroy-landscapes-20090907-fcz8.html
10. Little Children Are Sacred, Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Chairpersons Rex Wild & Patricia Anderson , 15/6/2007.
11. Northern Territory National Emergency Response Bill 2007
12. Submission to National Human Rights Consultation 2009
Alice Edwards, Convener, International Section, Australian Lawyers for human Rights & Robert McCorquodale, Professor of International Law and Human Rights. June 2009
13. Matthew Carnay, Tracking the Intervention, Australian Broadcasting Commission (ABC) Television, The 7.30 Report, 7/11/2007
14. Dr. Geoff Stewart, Northern Territory News, 6/11/2007
15. Richard Downs, Spokeperson for the Ampilatwatjda, Central Australia http://interventionwalkoff.wordpress.com/
16. Macklin under fire over Indigenous housing ‘failure’. ABC News 23/7/2009
17. Jeanie Gadambua, Aboriginal Health Worker, An-burra Nation, Central Arnhemland, Northern Territory, Australia. pers. comm. 28/9/2009
18. Babarra Shaw, Respected Community Leader, Alice Springs, Northern Territory, Australia, http://www.youtube.com/watch?v=u4UP-kNT19A
19. Traditional Owners and Area of Operation. Djelk Rangers, Central Arnhemland, 22/9/2008 http://www.anu.edu.au/country/djelk.ph
20. Damien Short, Senior lecturer, Understanding & Securing Human Rights, Institute of Commonwealth Studies. Autumn 2008 http://www.sas.ac.uk/newsletter/autumn08/AustralianNTintervention.html
21. Public Officers Report, High Court of Australia, REGGIE WURRIDJAL, JOY GARLBIN AND BAWINANGA ABORIGINAL CORPORATION v THE COMMONWEALTH OF AUSTRALIA AND ARNHEM LAND ABORIGINAL LAND TRUST, 2/3/2009
