NORFOLK ISLAND COUNCIL OF ELDERS AND THE NORFOLK ISLAND PEOPLE FOR DEMOCRACY - Norfolk Island 2022: Our continuing fight for democracy

In 2015 Australia abolished Norfolk Island’s Parliament and imposed new governance arrangements on Norfolk Island which are colonial and lack genuine democracy. The new arrangements are not conducive to the best interests of Norfolk Island or Australia. They have never agreed to them and are not acceptable to the Norfolk Island people.

Our Associations continue to encourage Australia to provide more appropriate governance arrangements for Norfolk Island; to end colonialism, to return democracy and to work together with the Norfolk Island people for the advancement of our island. Our current initiatives aimed at achieving these outcomes are listed below.

Ending colonialism on Norfolk Island

• Ø On 14 December 1960 the United Nations (UN) passed resolution 1514 which proclaimed the necessity of ‘bringing a speedy and unconditional end to colonialism in all its forms and manifestations’ and declared: “All peoples have the right to self-determination and by virtue of that right can freely determine their political status and freely pursue their economic, social and cultural development”.
• Ø On 15 December 1960 the UN passed resolution 1541 which had the effect of requiring Australia under international law to list Norfolk Island on the UN list of ‘non-self-governing territories’ so that Norfolk Island can enjoy a UN assisted transition towards a legally protected governance model designed in accordance with the aspirations of the Norfolk Island People.
• Ø On 25 April 2016 Geoffrey Robertson QC, in the company of Mr Albert Buffett, President of the Norfolk Island Council of Elders and Mr Ken Christian, Vice President of the Council of Elders, lodged a Petition with the UN in New York on behalf of the people of Norfolk Island. The Petition which is addressed to the UN Special Committee on Decolonisation, formally requested that Norfolk Island be recognised as a non-self-governing territory.
• Ø On 6 May 2016 Dr Christopher Ward SC and Professor Vaughan Lowe QC issued a joint opinion ‘IN THE MATTER OF THE STATUS OF NORFOLK ISLAND AS A NON-SELF-GOVERNING TERRITORY’; which determined that: ‘Norfolk Island is properly regarded as a non-self-governing territory within the meaning of Article 73 of the UN Charter…. we are in no doubt that UN General Assembly Resolution 1514 of 14 December 1960 is applicable to Norfolk Island’.

• Ø On 22 April 2016 Geoffrey Robertson QC wrote "Abolishing Norfolk Island as an autonomous territory may not seem to matter much in the grand scheme of things, but for an international order that cherishes self-government and proclaims the right of self-determination of people it is a regressive and unimaginable action, an example of the inability to tolerate democracy and difference’.
• Ø On 15 May 2018 University of Wollongong Law Professor Dan Howard weighed in on the matter arguing that ‘in complete disregard of its obligations, Australia in 2015 amended the Norfolk Island Act so as to abolish Norfolk’s Legislative Assembly and to take away Norfolk’s significant degree of self-governance … in clear breach of Article 73 (of the U.N. Charter)’.
• Ø On 1 September 2018 Dr Carlyle Corbin, former Executive Secretary of the Council of Presidents of the UN General Assembly and expert advisor to the U.N. Decolonization Committee completed his ‘Assessment of self-governance sufficiency in conformity with internationally-recognised standards’ for Norfolk Island. Dr Corbin concluded: ‘The prevailing arrangement which has been unilaterally imposed represents a denial of the right to self-determination of the peoples of Norfolk Island’.

Today, Australia continues to avoid its legal obligation to decolonise the Norfolk Island People and denies genuine democracy.

This reluctance may be due to an unjustified and unfounded concern on Australia’s part that decolonisation (the process of allowing the Norfolk people to choose how they want to be governed) will prejudice Australia’s national interest.

Australia’s interests and the aspirations of the Norfolk Island People are both capable of being accommodated on Norfolk Island to the ultimate benefit of both places. Achieving this outcome remains at the heart of our respective Association’s goals and objectives and our efforts in this regard continue in 2022.

A return to democracy

The Norfolk Island Regional Council (NIRC)

In 2016 the Commonwealth imposed new local-type governance arrangements on Norfolk Island without adequate planning or due consideration. These new arrangements have not delivered a good outcome for either Norfolk Island or Australia.

The adverse consequences of these arrangements continue to consume an enormous amount of our advocacy effort and energy. Our concerns in this regard were described in a 19-page submission to the recent Public Inquiry. Although our submission was structured in line with the terms of reference of the Inquiry it was not accepted because it discussed matters relating to the island’s governance, a matter the Commonwealth remains unwilling to discuss.

The recent financial collapse of the NIRC, the removal of our elected Councillors and the appointment of an unelected financial administrator to oversee the affairs of the NIRC has resulted in a situation where decisions regarding our future are now being made in the complete absence of democracy. The NIRC, in its current form, remains an inappropriate and financially irresponsible method of delivering local government functions to Norfolk Island. This situation is unacceptable.

Our Associations continue to take every opportunity to point out the deficiencies in this model and advocate for more appropriate arrangements, both to the NIRC directly and to representatives of the Commonwealth Government. Although our views are not accepted our continued advocacy in this regard continues.

State- type functions

In 2016 the Commonwealth imposed new state-type governance arrangements for Norfolk Island without adequate planning or due consideration. The new arrangements are colonial, undemocratic and have not delivered a good outcome for either Norfolk Island or Australia.

Our Associations visited the NSW Parliament in an effort to explain how the role of NSW in providing state-type services was deficient in terms of democracy and in its ability to be practically implemented. Our representations were not accepted. The Commonwealth’s plan for NSW to deliver state-type services to Norfolk Island has now been abandoned and the Commonwealth government has now asked Queensland to take on this role.

While we appreciate the role of the Queensland government in providing health and education services on Norfolk Island; we have made them aware of the democratic deficiencies in such an arrangement. We have also requested that they take steps to minimise the colonial nature of their involvement with Norfolk Island. These include allowing the Norfolk Island People to participate in negotiations; providing Parliamentary recognition of the Norfolk Island people; demonstrating an awareness of our desire to determine our own future; and, making a commitment that Queensland will not agree to providing any other state services, outside of health and education, without the agreement of the Norfolk Island People. Unfortunately, early indications suggest an unwillingness on their part to accommodate our requests.

Today, the majority of state type services to Norfolk Island continue to be determined under colonial governance arrangements with few redeeming qualities. The island’s nine-member locally elected legislature has been replaced by a single unelected delegate of the Australian Government, government services are primarily delivered through contract agreements and any acknowledgement that the Norfolk Island People could continue to be governed ‘by laws and usages adapted to their own state of society’ has been removed.

At a practical level while there have been a small number of improvements in the delivery of Australian federal-type functions on the island, the imposed state and local style of governance functions have proven to be manifestly ineffectual and damaging and have largely failed. This outcome is the antithesis of the aspirations of the Norfolk People and genuine democracy.

Our Associations remain resolute in the view that the Norfolk Island People are best placed to understand local needs and circumstances in respect of the provision of state type laws and services to Norfolk Island. Our advocacy in this regard continues.

Immigration

Norfolk Island currently has no workable population sustainability mechanisms and no timely information around the number of people residing on Norfolk Island. The Commonwealth continues to maintain that open migration to the island is not a problem and that Norfolk Island can regulate its population and visitor numbers through planning and zoning regulations. This view is flawed.

Apart from the real life impacts caused by the current housing and rental availability and affordability crisis; the current unsustainable growth in the island’s population also poses an unacceptable risk to the Island’s delicate natural environment; the culture and societal values of the Norfolk People; the Island’s limited natural resources (including water and food security); and the island’s ability to develop sound financial plans, manage its budget, and provide assets and infrastructure with sufficient capacity to properly service our community.

Our island needs a practical, well-planned, and measured population sustainability strategy - one which includes at the very least similar protections, if not the same protections as those that were in place prior to 2015, and which were unilaterally abolished by Commonwealth without adequate foresight or due consideration. Our continued advocacy in this regard continues.

Radio station

For seven years our Associations have been denied access to Norfolk Radio. We continue to protest this situation in the hope that the community once again has the opportunity to enjoy balanced reporting of the island’s affairs and a free, fair and open Press.

Unlawful Land acquisitions

In May 2016 the Commonwealth passed the Land Transfer Ordinance 2016 (Cth) to effect the acquisition by the Commonwealth of the Norfolk Island Hospital, outbuildings and carpark, the Norfolk Island Central School, and the Police Station.

As well as the serious doubts raised around the terms of these transfers, we maintain it is neither ethical nor acceptable conduct for the Commonwealth to appropriate or otherwise acquire any Norfolk Island assets without the absolute and unqualified consent of duly elected representatives of the Norfolk Island People. We continue to advocate for the Commonwealth to repeal the Land Transfer Ordinance 2016 (Cth).

Rights in respect of Kingston

As a consequence of changes made to the island’s governance in 2015 the pre-existing co-management arrangements for Kingston have been replaced by new management arrangements which dispossess or diminish the continuous usage, occupation and connection rights of the Norfolk people in respect of the historic Kingston area.

Accordingly, we have committed to ensuring the rights of the Norfolk people in respect of Kingston are recognised and are legally respected. Good faith discussions and negotiations with representatives of the Commonwealth Government aimed at achieving this outcome are continuing.

Cultural recognition

Australia in 2015 deleted the important Preamble to the Norfolk Island Act that had previously acknowledged the distinct and close cultural connection of the Pitcairn descendants to Norfolk Island, removing all acknowledgement of Norfolk’s distinct culture by stroke of legislative pen. The Commonwealth argues that disengaging the impact of the Pitcairn culture will enable the cultural inclusion of Australians living on Norfolk Island. This view is flawed.

The Pitcairn descendants have a special relationship with Norfolk Island. This is a fact. A continuing failure to provide appropriate recognition of this relationship will, as evidenced over the last seven years, only serve to anger the Pitcairn descendants and their supporters and foster unnecessary division in our community. Our advocacy in this regard continues.

The matters described above form the basis of our current advocacy programs but are not an exhaustive description of the efforts of our Associations, nor of the challenges we face. We applaud the efforts of our respective committees and other individuals who continue to freely give their time and effort toward returning democracy to Norfolk Island and we give our utmost appreciation to the community for their continuing and overwhelming support during these challenging times.

The matters described above form the basis of our current advocacy programs but are not an exhaustive description of the efforts of our Associations, nor of the challenges we face. We applaud the efforts of our respective committees and other individuals who continue to freely give their time and effort toward returning democracy to Norfolk Island and we give our utmost appreciation to the community for their continuing and overwhelming support during these challenging times.