Native Title Newsletter May/Jun 2005 No. 3/2005 Contents News from the Native Title Research Unit 2 WHAT’S NEW WITH THE NTRU! What’s New 3 Feature - Plenary Address by Aboriginal Native Title Conference Papers now and Torres Strait Islander Social Justice available at: http://www.aiatsis.gov.au/rsrch/ntru/conf2 Commissioner Tom Calma from the 005/papers/papers.html Native Title Conference 4 Regular items Native Title in the News 13 Applications Lodged with the NNTT 17 Registration Test Decisions 17 Notifications 18 Recent additions to the AIATSIS Library 19 Native Title Research Unit Publications 23 The Native Title Newsletter is published every second month. The newsletter includes a summary of native title as reported in the press. Although the summary canvasses media from around Australia, it is not intended to be an exhaustive review of developments. The Native Title Newsletter also includes contributions from people involved in native title research and processes. Views expressed in the contributions are those of the authors and do not necessarily reflect the views of the Australian Institute of Aboriginal and Torres Strait Islander Studies. The Newsletter is also available in ELECTRONIC format. This will provide a FASTER service for you, and will make possible much greater distribution. If you would like to SUBSCRIBE to the Native Title Newsletter electronically, please send an email to [email protected], and you will be helping us provide a better service. Electronic subscription will replace the postal service, please include your postal address so we can cross check our records. The same service is also available for the Issues Papers series. ISSN 1447-722X WORLD KNOWLEDGE AND UNDERSTANDING OF AUSTRALIAN INDIGENOUS CULTURES, PAST AND PRESENT 1 NEWS FROM THE NATIVE TITLE RESEARCH UNIT Research Activities recommendations and issues raised in the Bauman, T. and R. Williams. 2005. Report All Unit staff contributed to the running on Native Title Representative Body of the Native Title Conference 2005 in Workshops: Directions, Priorities and Coffs Harbour from the 01-03 June. In Challenges, which has now been published addition to logistical and administrative and distributed. Toni Bauman also tasks, several staff also presented papers, chaired a session on Friday, 3 June, at the convened or chaired conference sessions. Conference on The use of traditional law in resolving overlaps: Speer Creek case Treaty, co-authored by Dr Lisa Strelein, study. Sean Brennan, Prof. Larissa Behrendt and Prof. George Williams (2005, The Visitors Federation Press) was launched at the Sydney Writers Festival on Friday 27 May Dr Morgan Brigg, trainer and mediator, 2005. currently working with the Centre for Peace and Conflict Studies at University Dr Bradfield has a chapter titled of Queensland, spent several weeks with ‘Principles of a Treaty Relationship’ IFaMP during May 2005. During this time published in Balayi: Culture, Law and he delivered a joint presentation with Mr Colonialism, Vol 7, June 2005. Patrick McIntyre, Barrister and Co-Chair of the Mawul Rom Cross-Cultural Mediation & Toni Bauman finalised an Australian Leadership Program, as part of the Journal of Anthropology (TAJA) paper: AIATSIS Seminar Series. The presentation Bauman, T. 2005. Nations and tribes focused on issues associated with the ‘within’: Aboriginal ‘nationalisms’ in development of appropriate training in Katherine. the cross-cultural context with prospects for improved practice. Morgan made Glen Kelly finalised and submitted an valuable contributions to current research Indigenous Natural Resource Management efforts undertaken by the Project. Chapter for the Kimberley Natural Resource Management Strategy to the IFaMP/AIATSIS Seminar Series Kimberley Land Council. The Seminar Series convened by IFaMP has Indigenous Facilitation and Mediation concluded, with many requests for papers Project (IFaMP) Update and transcriptions having been received. Papers and transcriptions for publication Native Title Conference, 2005: the human are being prepared, and are expected to face of Native Title be on the AIATSIS website by the end of July. The IFaMP team, as part of the AIATSIS Native Title Research Unit, attended and To view the program go to: assisted with the coordination of the 2005 www.aiatsis.gov.au/rsrch/seminars.htm Native Title Conference. Toni Bauman and for the Program. Jess Clements ran a workshop, ‘Implementing the NTRB Report – Check the IFaMP Web Site Indigenous Facilitation and Mediation Project’ on Thursday, 2 June. The The following additions can be now be Workshop focused on exploring the accessed on the IFaMP website. Feedback 2 or comments are most welcome and can Practice Issues in Mediation and be sent to [email protected] Facilitation section, of the IFaMP site: Indigenous Facilitation and Mediation The IFaMP bibliography has now been Project, 2005. Making a Complaint published in hard copy. It contains about Native Title Mediation. Briefing readings on Indigenous decision making Paper No. 5. Native Title Research and conflict management, broader Unit, Australian Institute of Aboriginal alternative dispute resolution readings and Torres Strait Islander Studies, and some practice manuals. The Canberra. Bibliography and section links to the http://www.aiatsis.gov.au/rsrch/ntru Bibliography can be found under the /ifamp/practice/practice_frameset.ht Emerging Bibliography sub-section of the ml Research and Publications section of the IFaMP site: The workshop that IFaMP held in February Brockwell, S. Eggerking, K. Morphy, R. with Indigenous native title mediation and Bauman, T 2005. Culture, Conflict practitioners around best practice issues Management and Native Title: An has now produced a comprehensive Emerging Bibliography. Indigenous report, which is located under the Facilitation and Mediation Project. Workshops and Reports sub-section of the Report No. 4. Native Title Research Research and Publications section of the Unit, Australian Institute of Aboriginal IFaMP site: and Torres Strait Islander Studies, Kingham, F. and T. Bauman. 2005. Canberra. Report on proceedings of Indigenous http://www.aiatsis.gov.au/rsrch/ntru Native Title Mediation Practitioners /ifamp/research/research_frameset.h Workshop 17 - 18 February 2005. tml Indigenous Facilitation and Mediation Project, Native Title Research Unit, IFaMP has prepared an informative, two- Australian Institute of Aboriginal and page, back to back briefing paper on how Torres Strait Islander Studies, to make a complaint about native title Canberra. mediation processes. The paper is http://www.aiatsis.gov.au/rsrch/ntru located under the Decision Making and /ifamp/research/research_frameset.h Dispute Management section, as well as tml the Complaints Processes sub-section of WHAT’S NEW Publications The Office of Native Title (WA), Edition 5, June 2005 e-Newsletter is available at: The June 2005 quarterly issue of Talking http://www.nativetitle.dpc.wa.gov.au/d Native title in now available on the ocs/Junenewsletter.pdf National Native Title Tribunal website: It contains a feature article on the http://www.nntt.gov.au/metacard/files/ Ngarluma Yindjibarndi claim TNT15/TNT_Issue_15_2005.pdf determination. This issue pays particular attention to Indigenous Land Use Agreements. 3 Books/Journals Additional papers will be added as they are received. A number of monographs are available from Oceania Publications, including ‘The Training Karajarri claim: a case-study in native title anthropology’ by Geoffrey Bagshaw. A Native Title Law and Policy Short Course Order forms are available at: will be held at James Cook University http://www.arts.usyd.edu.au/publication from Saturday 18 s/oceania/OceaniaMonos.pdf June to Wednesday 22 June, 2005. Conferences If you are interested in attending please complete and return the attached form. AIATSIS – Native Title Conference 2-3 June 2005. Papers from the conference are Further enquiries can be directed to Katie available at: Kiss ph: 07 40421198 email http://www.aiatsis.gov.au/rsrch/ntru/co ([email protected]). nf2005/papers/papers.html FEATURE Plenary Address by Aboriginal and were (and still are) involved in the Torres Strait Islander Social Justice Yarmirr and Ors v Northern Territory (1998) sea rights claim. I understand the Commissioner Tom Calma nd processes, triumphs and frustrations of Thursday 2 June 2005 native title as I see my communities work for the common law recognition of our The Human Face of Native Title, traditional rights. Challenges and Opportunities In Times Of Change Professionally, native title is a central Native Title Conference focus of my role as Aboriginal and Torres Coffs Harbour, NSW Strait Islander Social Justice Commissioner. This position was created I would like to begin by acknowledging in 1993 in response to the Royal the traditional owners, [the Gum-bay-ngg- Commission into Aboriginal Deaths in irr people] whose land we are meeting on Custody and the National Inquiry into and thank them for welcoming us to their Racist Violence. It was created to ensure country. I congratulate AIATSIS and NSW an ongoing, national monitoring agency Native Title Services on organising this for the human rights of Indigenous conference and thank everyone gathered Australians. here for your efforts to make this a successful conference. I am honoured to The Social Justice Commissioner has be invited to address you today. responsibility for promoting awareness of, and compliance with, the human rights of My commitment to native title is both Indigenous peoples. As part of this role, personal and professional. Personally, as a my office prepares two annual reports, member of the Kungarakan tribal group I the Social Justice Report to the federal am involved in a native title claim over parliament and the Native Title Report to the township of Batchelor in the Northern the Attorney General. The Social Justice Territory and my Iwaidja countryman Report looks at the enjoyment and 4 exercise of human rights by Indigenous There are 3 key issues I want to talk about Australians and makes recommendations today in light of this new and shifting on what should be done to ensure that landscape: these rights are observed.