Noel Pearson
Encyclopedia
Noel Pearson is an Aboriginal Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

, academic, land rights activist and founder of the Cape York Institute for Policy and Leadership
Cape York Institute for Policy and Leadership
The Cape York Institute for Policy and Leadership is a public policy organisation formed in partnership between the people of Cape York, Griffith University, and Federal and Queensland Governments....

, an organisation promoting the economic and social development of Cape York
Cape York Peninsula
Cape York Peninsula is a large remote peninsula located in Far North Queensland at the tip of the state of Queensland, Australia, the largest unspoilt wilderness in northern Australia and one of the last remaining wilderness areas on Earth...

.

Pearson came to prominence as an advocate for Indigenous peoples' rights to land - a position he maintains. Since the end of the 1990s his focus has encompassed a range of additional issues: he has strongly argued that Indigenous policy needs to change direction, notably in relation to welfare, substance abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...

, child protection
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...

, and economic development
Economic development
Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...

. Pearson criticises approaches to these problems which, while claiming to be "progressive," in his opinion merely keep Indigenous people dependent on welfare and out of the "real economy." He outlined this position in 2000 in his speech, The light on the hill.

Early life

Pearson was born in Cooktown and grew up at Hope Vale
Hopevale, Queensland
Hopevale, , Queensland, Australia is an Aboriginal community on Cape York Peninsula about 46 km northwest of Cooktown by road, and about 10 km off the Battlecamp Road that leads to Lakefield National Park and Laura...

, a Lutheran Mission
Mission (Christian)
Christian missionary activities often involve sending individuals and groups , to foreign countries and to places in their own homeland. This has frequently involved not only evangelization , but also humanitarian work, especially among the poor and disadvantaged...

 in the Cape York Peninsula
Cape York Peninsula
Cape York Peninsula is a large remote peninsula located in Far North Queensland at the tip of the state of Queensland, Australia, the largest unspoilt wilderness in northern Australia and one of the last remaining wilderness areas on Earth...

. He is the son of Glen Pearson, from the Bagaarrmugu clan, and Ivy Pearson, from the Guggu Yalanji peoples. His brother is Gerhardt Pearson. After attending primary school in Hope Vale, Pearson became a boarder at St Peters Lutheran College
St Peters Lutheran College
St Peters Lutheran College is an independent, co-educational, Lutheran, day and boarding school, situated on a campus in Indooroopilly, an inner suburb of Brisbane, Queensland, Australia....

 in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...

. Pearson completed a history and a law degree at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...

. His history thesis focused on the Hope Vale Lutheran Mission, and was published by the History Department in "Maps Dreams History."

1990s

In 1990 Pearson co-founded the Cape York Land Council, where he was Executive Director until he resigned in 1996. Pearson's first official appointment was to a Queensland government
Government of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...

 taskforce which was formed to develop land rights legislation. He was also a legal advisor for the Aboriginal and Torres Strait Islander Commission
Aboriginal and Torres Strait Islander Commission
The Aboriginal and Torres Strait Islander Commission was the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were formally involved in the processes of government affecting their lives...

. In 1993 Pearson acted as representative to the traditional owners in the first land claim to the Flinders Island and Cape Melville
Cape Melville
Cape Melville is a headland on the eastern coast of the Cape York Peninsula. To its west lies Princess Charlotte Bay. It is part of the Cape Melville National Park....

 National Parks
National park
A national park is a reserve of natural, semi-natural, or developed land that a sovereign state declares or owns. Although individual nations designate their own national parks differently A national park is a reserve of natural, semi-natural, or developed land that a sovereign state declares or...

, a claim which was successful, although the owners have yet to receive title. He continues to advise a number of Indigenous organisations in Cape York.

Following the Mabo decision
Mabo v Queensland
Mabo v Queensland was a landmark High Court of Australia decision recognising native title in Australia for the first time...

 of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

 Pearson played a key part in negotiations over the Native Title Act 1993
Native Title Act 1993
The Native Title Act of 1993 provides for determinations of native title in Australia. The Act was passed by the Keating Labor Government in response to the High Court's decision in Mabo v Queensland...

 as a member of the Indigenous negotiating team.

2000s

On 12 August 2000, Pearson delivered the Ben Chifley
Ben Chifley
Joseph Benedict Chifley , Australian politician, was the 16th Prime Minister of Australia. He took over the Australian Labor Party leadership and Prime Ministership after the death of John Curtin in 1945, and went on to retain government at the 1946 election, before being defeated at the 1949...

 Memorial Lecture, with the title, The light on the hill. It contained an important statement of his transformed views on Indigenous policy.

In 2004 Pearson became the Director of the Cape York Institute for Policy and Leadership
Cape York Institute for Policy and Leadership
The Cape York Institute for Policy and Leadership is a public policy organisation formed in partnership between the people of Cape York, Griffith University, and Federal and Queensland Governments....

.

On 15 December 2006, Pearson publicly criticised the Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

 Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...

, Leanne Clare
Leanne Clare
Leanne Clare is a Judge of the District Court of Queensland and a former Queensland Director of Public Prosecutions . On 2 April 2008 she was appointed to the District Court after eight years as DPP. Between 1999 and 2000 she served as an acting judge at Ipswich District Court.Clare was admitted...

, in relation to her decision not to press charges against the police officer involved in the 2004 Palm Island death in custody
2004 Palm Island death in custody
The 2004 Palm Island death in custody incident relates to the death of Palm Island, Queensland resident, Mulrunji on Friday, 19 November 2004 in a police cell. The death of Mulrunji led to civic disturbances on the island and a legal, political and media sensation that continued for three years...

 of Palm Island
Palm Island, Queensland
Palm Island is an Aboriginal community located on Great Palm Island, also called by the Aboriginal name "Bwgcolman", an island on the Great Barrier Reef in North Queensland, Australia The settlement is also known by a variety of other names including "the Mission", Palm Island Settlement or Palm...

 resident Mulrunji. On 26 January 2007, Pearson welcomed the decision to prosecute the officer, after the inquiry by Sir Laurence Street
Laurence Street
Sir Laurence Whistler Street AC, KCMG, QC is an Australian jurist and former Chief Justice of the Supreme Court of New South Wales.-Family:...

 found there was sufficient evidence to press charges. Pearson also argued, however, that a 20- or 30-year plan was necessary for Palm Island.

On 11 May 2007, Pearson and Indigenous Affairs Minister
Department of Families, Community Services and Indigenous Affairs (Australia)
The Department of Families, Housing, Community Services and Indigenous Affairs is an Australian Government department. Its main office is located in Southern Canberra in the suburb of Greenway. Its role is to develop social policies and support affected Australian society and the living standards...

 Mal Brough
Mal Brough
Malcolm Thomas "Mal" Brough is a former Australian politician and Liberal member of the Australian House of Representatives from March 1996 to November 2007, representing the Division of Longman, Queensland...

 launched a new welfare scheme for Pearson's home town of Hope Vale
Hopevale, Queensland
Hopevale, , Queensland, Australia is an Aboriginal community on Cape York Peninsula about 46 km northwest of Cooktown by road, and about 10 km off the Battlecamp Road that leads to Lakefield National Park and Laura...

. The scheme offers funds for home improvements, and low interest loans for home ownership. On 24 May, Pearson published White guilt, victimhood and the quest for a radical centre, a lengthy account of his understanding of the challenges of policy formulation and enactment.

On 19 June 2007, Pearson launched a report by the Cape York Institute, From Hand Out to Hand Up, on welfare reform. The report was welcomed by Indigenous Affairs Minister Mal Brough.

On 17 September 2007, with Prime Minister Howard facing probable electoral defeat, Noel Pearson sent him a 6000 word letter, arguing that Howard's best chance at re-election was to make a dramatic gesture in relation to reconciliation with the Aboriginal population. Pearson argued that Howard needed to promise a referendum on recognition of the indigenous population, and also that Howard was in a unique position to affect the course of indigenous relations, but only if Howard "bared his soul" to the Australian electorate. Howard accepted Pearson's advice, and on 11 October announced plans for a referendum, but was nevertheless comprehensively defeated at the election.

On 24 November 2007, the day of the Australian federal election, Pearson strongly attacked the opposition leader Kevin Rudd for reneging, two days before the election, on his commitment to seek constitutional recognition for Indigenous Australians. Rudd had initially pledged bipartisan support for John Howard's proposal, made on the first day of the election campaign, to pursue a referendum recognising Indigenous Australians, but it was reported on 23 November that Rudd had stated that, should he win the election, he was "unlikely to pursue Mr Howard's plan for a reconciliation preamble." The day after Rudd won the election, Labor Senator Penny Wong
Penny Wong
Penelope "Penny" Ying-yen Wong , is an Australian Labor Party senator for South Australia and the Federal Minister for Finance and Deregulation. Wong was the first Australian Minister for Climate Change and Water. Her appointment was amended on 26 February 2010, by the Prime Minister, to the...

 defended their policy of concentrating on practical rather than symbolic measures, aimed at narrowing the gap between Indigenous and other Australians.

On 12 February 2008, the eve of the parliamentary apology to the Stolen Generation
Stolen Generation
The Stolen Generations were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian Federal and State government agencies and church missions, under acts of their respective parliaments...

s, Pearson explained his own complex and conflicted views on the question of an apology.

Pearson argued in August 2008 that welfare benefits should not be granted to indigenous Australians under the age of 21.

In April 2009, Pearson went on temporary leave from Director of the Cape York Institute he had established in 2004 (though claimed at the time he was stepping down altogether). Pearson objected to legislation introduced by the Queensland government declaring certain rivers on indigenous land to be "wild rivers." He stated that he felt this legislation, which would make economic development of the river areas difficult or impossible, was an attempt by the Anna Bligh
Anna Bligh
Anna Maria Bligh is an Australian politician and the Premier of Queensland since 2007. The 2009 Queensland state election was the first time a female-led political party won or retained state or federal government in Australia...

 government to maintain close links with the Australian Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...

 for electoral purposes, and that it ran counter to the interests of the local indigenous population. He stated that he had therefore decided to resign his Directorship in order to return to the land rights issues which had formerly been his major preoccupation. It was later revealed that Pearson in fact did not step down from the Directorship and only took temporary leave.

In 2009 Pearson published a collection of his writings under the title Up from the Mission: Selected Writings as well as a Quarterly Essay
Quarterly Essay
Quarterly Essay is an Australian periodical that straddles the border between magazines and non-fiction books. Printed in a book-like page size and using a single-column format, each issue features a single extended essay of at least 20,000 words, with an introduction by the editor, and...

 titled Radical Hope: Education and equality in Australia.

Views on reforming Australia’s Constitution

Pearson has called for constitutional amendments in two areas, "one symbolic and the other substantive":
  • Firstly an appropriate preamble [recognising Indigenous people in the Constitution]
  • Secondly a new head of power which provides constitutional authority for the proposed national agreement along the lines previously proposed by the Makarrata Report of the Senate Legal and Constitutional Affairs Committee in 1983."


In April 2008, after attending Kevin Rudd's Australia 2020 Summit
Australia 2020 Summit
The Australia 2020 Summit was a convention, referred to in Australian media as a summit, which was held on 19-20 April 2008 in Canberra, Australia, aiming to "help shape a long term strategy for the nation's future"...

, Pearson argued that any proposed constitutional reform aimed at recognising indigenous Australians must be in a form acceptable to a wide range of the Australian population. He therefore indicated his belief that a "domestic agreement" would be preferable to a treaty between sovereign states.

Support for the NT Intervention

On 20 June, Pearson argued for the necessity of intervention in relation to Aboriginal child sexual abuse. On 21 June, in response to a report entitled "Little Children are Sacred
Little Children are Sacred
Little Children are Sacred is the report of a Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse commissioned by the government of the Northern Territory, Australia, was publicly released on 15 June 2007...

," Australian Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...

 John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....

 declared that problems of child abuse in Northern Territory Aboriginal communities had reached a crisis point, and he initiated the "national emergency response"
Northern Territory National Emergency Response
The Northern Territory National Emergency Response was a package of changes to welfare provision, law enforcement, land tenure and other measures, introduced by the Australian federal government under John Howard in 2007 to address claims of rampant child sexual abuse and neglect in Northern...

. The response involved a series of interventions including, among other things, the suspension of the Racial Discrimination Act, compulsory management of Aboriginal people’s income, the deployment of police and health workers, abolition of the permit system, compulsory acquisition of Aboriginal land and a ban on alcohol. Pearson indicated qualified support for these measures, but has received some criticism for doing so. On 18 July, the Indigenous Affairs Minister announced that the federal government would fund the welfare reform trials in Cape York recommended in From Hand Out to Hand Up.

Pearson’s position on the intervention found both support and opposition from other Indigenous leaders and members of the Australian community. On 30 November 2007, leading Indigenous academic Marcia Langton
Marcia Langton
Marcia Lynne Langton is one of Australia's leading Aboriginal scholars. She holds the Foundation Chair in Australian Indigenous Studies at the University of Melbourne, Australia...

 argued for the necessity of the emergency response in the Northern Territory. Langton supported Pearson's suggestions to shut down alcohol outlets and establish children's commissions and shelters in each community. On 7 December, on the other hand, Philip Martin, who worked on the Welfare Reform Project in Aurukun
Aurukun, Queensland
Aurukun is an Indigenous community, situated approximately south of Weipa in far North Queensland, Australia. The town faces west to the Gulf of Carpentaria, and during the wet season, roads are impassable....

 for Pearson's Cape York Partnerships between November 2006 and May 2007, argued that Pearson's welfare reform approach cannot work unless other problems, such as inadequate policing and housing, are also addressed.

It was reported on 20 September 2007 that on 12 August Pearson had brokered a secret meeting between Mal Brough and Northern Territory Indigenous leader Galarrwuy Yunupingu
Galarrwuy Yunupingu
Galarrwuy YunupinguAM is a leader in the Australian Indigenous community, and has been involved in the fight for Land Rights throughout his career...

. At the meeting Yunupingu changed his position in relation to the Northern Territory emergency response: rather than opposing the measures, Yunupingu decided the intervention was instead an opportunity for the Indigenous community. Yunupingu also signed a memorandum of understanding regarding a 99-year lease to be held over his community of Gunyangara (Ski Beach) in Arnhem Land
Arnhem Land
The Arnhem Land Region is one of the five regions of the Northern Territory of Australia. It is located in the north-eastern corner of the territory and is around 500 km from the territory capital Darwin. The region has an area of 97,000 km² which also covers the area of Kakadu National...

. He also agreed to set up a council of elders in the Northern Territory to advise the government on the course of the intervention.

Yunupingu has since reversed his position on the intervention, saying that it has failed and is "It is now three years old but it hasn't made Aboriginal people any richer or healthier or happier. It is really and truly dragging people down to create more misery… Let's start again."

Speaking in response to the Aurukun rape case involving a 10-year old girl, Pearson said on 12 December 2007 that the case was "the tip of a tragic iceberg," and that there should be no hesitation in taking Aboriginal children out of dysfunctional and dangerous family circumstances. He did not, however, support calls to extend the Northern Territory emergency intervention to Queensland. Pearson argued on 15 December that the sexual abuse of Aboriginal children may be lessened by establishing a "Families Responsibilities Commission" charged with making decisions about whether welfare recipients are fulfilling their obligations. Prime Minister Rudd ruled out extending the intervention to Queensland in the near future, but stated that he was in discussion with the Queensland government about Pearson's proposal for a "Families Responsibilities Commission."

The Wild Rivers debate

On 14 November 2007, it was reported that Pearson had accused the Queensland government of Anna Bligh
Anna Bligh
Anna Maria Bligh is an Australian politician and the Premier of Queensland since 2007. The 2009 Queensland state election was the first time a female-led political party won or retained state or federal government in Australia...

, and the federal Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...

 opposition led by Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...

, of "selling out Aborigines," saying that a plan to prevent development of the Cape York region was a bid to gain Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...

 preferences. Pearson argued that at the very moment when welfare reform was being attempted in Cape York, economic opportunities for the Aboriginal population would be "shot down" by such a move.

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