The Northern Land Council: Representing Aboriginal people across the Top
End of Australia's Northern Territory: http://www.nlc.org.au/

Galarrwuy Yunupingu calls new Marriage law an attack on Aboriginal
culture

Aboriginal marriage crisis talks fail

Misha Schubert

The Australian, December 11, 2003

Crisis talks yesterday failed to resolve a dispute between black leader
Galarrwuy Yunupingu and the Northern Territory Government over a new law
that prevents Aboriginal men invoking traditional marriage as a defence
for having sex with an underage girl.

Two weeks ago, Claire Martin's Government repealed a part of the
territory's criminal code that let indigenous men defend themselves
against charges of unlawful carnal knowledge where they had sex with a
bride under 16.

The move provoked outrage from Mr Yunupinu, chairman of the Northern
Land Council, who accused the Government of meddling in indigenous
cultural practice.

After trading insults with the Attorney-General Peter Toyne, Mr
Yunupingu met Ms Martin yesterday in a bid to defuse the conflict.

But the talks failed to resolve the dispute. The Land Council asked the
Government to consider reinstating the defence, but with tighter
controls to protect the rights of girls and women.

The Government has yet to make its position known, but a spokesman for
Ms Martin defended the laws last night.

"There can still be promised marriages, but we are saying all girls
should be treated equally,", he said.

Dr Toyne has repeatedly rejected Mr Yunupingu's claim that the removal
of customary marriage as a legal defence amounts to an attack on
Aboriginal culture.

"The Government removed the legal defence to protect the rights of
children," he said.

"There cannot be one law for young girls living in the northern suburbs
of Darwin and another law for young girls on Aboriginal communities."

Mr Yunupingu has attacked Dr Toyne for linking the issue of child sexual
abuse with traditional marriage, saying the attempt to tie them together
was "deeply offensive".

"Dr Toyne's mistakes mean Aboriginal husbands in a bona fide marriage
who have sex with a consenting wife under the age of 16 face a mandatory
jail sentence with no defence possible," Mr Yunupingu said yesterday.

"As do Aboriginal women from the wife's family who arrange the marriage
because they have aided and abetted the crime."

Aboriginal leader attacks NT laws affecting traditional marriage

ABC Radio

PM - Wednesday, 10 December , 2003 18:42:41

Reporter: Anne Barker

MARK COLVIN: A prominent Aboriginal leader has threatened a voter
backlash against the Northern Territory Government as a result of new
laws that affect traditional marriage rites.

The Chairman of the Northern Land Council, Galarrwuy Yunupingu, has
attacked legislation removing the legal defence of traditional marriage
against crimes of unlawful sexual relations with underage girls.

The opposition CLP has attacked the way the laws were introduced, and is
threatening to revoke the legislation if it wins the next election.

But as Anne Barker reports, other indigenous leaders support any moves
to reduce the level of violence against Aboriginal women.

ANNE BARKER: Galarrwuy Yunupingu is one of the most powerful Aboriginal
leaders in Australia.

As the Chairman of the Northern Land Council when he speaks out on
indigenous issues Northern Territory politicians and indigenous people
usually listen.

So it's not surprising that his outspoken comments expressing disgust at
new laws affecting customary marriage have caused a political storm and
upset relations with the Territory's Labor Government, which has always
relied on the Aboriginal vote.

GALARRWUY YUNUPINGU: I'm very deeply disgusted with the action of this
Government trying to establish authority over a law that has been here
for thousands of years.

ANNE BARKER: Galarrwuy Yunupingu is outraged at the Government's
decision to remove the right of indigenous men to use traditional
marriage as a legal defence for sexual relations with an underage bride.

The legislation passed last month was prompted by a case where a
50-year-old traditional man was initially sentenced to one day's jail
for unlawful sexual intercourse with his 15-year-old bride.

Galarrwuy Yunupingu has described the law as an attack on an ancient
tradition, and he's threatened a backlash by indigenous voters at the
next election.

GALARRWUY YUNUPINGU: Aboriginal people in the Northern Territory have
been voting Labor all this time, but they just said to us that not to
vote for it.

I am saying to this Labor Party right now, to enjoy it as much as they
like while they in power because tomorrow there'll be changes.

ANNE BARKER: The Northern Territory Attorney-General Peter Toyne says
the government won't be changing its position just because of opposition
from indigenous leaders like Galarrwuy Yunupingu, that protecting
children is a matter of principle, and the Northern Territory
legislation is consistent with laws interstate.

But Opposition Leader Terry Mills has vowed to repeal the law, if the
Country Liberal Party wins the next election, even though he admits the
CLP supports moves to protect all underage girls.

TERRY MILLS: The process needs to be revisited so that we can actually
come to a position than to have this hoisted upon indigenous people
without their full knowledge and understanding.

ANNE BARKER: For Galarrwuy Yunupingu, child abuse and traditional
marriage are not the same thing, and he takes offence at suggestions
that underage brides are necessarily exploited.

But not all indigenous leaders agree and ATSIC Commissioner Alison
Anderson says indigenous girls should have the same protection as all
children.

ALISON ANDERSON: I support the Government wholly and I think that
there'll be lot of other indigenous people right all around this country
that would support that legislation as well.

ANNE BARKER: Do you know of girls in traditional marriages who are
sexually exploited?

ALISON ANDERSON: Oh, absolutely. I've been around the country, and I
know of many cases where girls have been exploited.

ANNE BARKER: So what do you say to Galarrwuy Yunupingu's claim that
there will be an electoral backlash against the Government by indigenous
voters at the next election?

ALISON ANDERSON: Well, I don't think that's the case. I think this is
going to encourage Aboriginal voters to come out in droves and support
the Clare Martin Government, because I think they've taken the
initiative to say that this kind of behaviour will not be tolerated, and
it's not in actual fact saying they can't practice their customary law,
it's saying you can't have sex with an underage girl.

MARK COLVIN: ATSIC Commissioner Alison Anderson, talking to Anne Barker.