Aborigines claim Roo copyright
From AAP
29jan02
ABORIGINAL people have lodged a writ before the High Court seeking an end to the commonwealth government's use of the kangaroo and emu on the coat of arms.
The writ also seeks the High Court to stand itself down from hearing the case, due to conflict of interest, and international judges to come in and adjudicate.
It comes as a stand-off continues at the Aboriginal Tent Embassy outside Old Parliament House in Canberra over a large coat of arms taken down from the building and held by Aborigines.
Despite a large police presence outside the building, the coat of arms had not been returned this morning. Barrister for the Aboriginal Tent Embassy, Len Lindon, said the writ sought an injunction against use of the symbols.
Copies of the writ were to be delivered to the Australian government solicitor, the ACT government and the Australian Federal Police.
If they continued to use the coats of arms, an interim injunction seeking a ban would be sought when the court resumed work next Monday.
"We're seeking an order from the court that the commonwealth of Australia stop using the kangaroo and the emu, particularly any graphical representation of it," Mr Lindon said.
There were several grounds, notably that the animals were Aboriginal objects, that international copyright conventions allowed copyright to be transferred in writing only and that the commonwealth could not produce any written proof any Aboriginal person ever transferred the copyright.
"Another ground is a lack of jurisdiction for Australia to deal with this, because it's failed to pass a genocide act and therefore international jurisdiction is invoked.
"We're saying that all Australian High Court justices ought to disqualify themselves because they've got a conflict of interest."
Wadjularbinna Nulyarimma from the Gungalidda people in Queensland's Gulf country, and a signatory to the writ, said that within the Aboriginal kinship system, the symbols were connected to the people, through religion and law.
If Aboriginal people abused the religion and law, they turned their back on their social system.
"If you forsake your religion, you're forsaking the law. Living in this society, with foreign laws imposed on us, we're doing it all the time and it's causing mental trauma," she said.
"It's about time we set the record straight so that we can all live together in this country, respecting each other's differences, recognising people's rights and we all walk together in harmony."