• Killing off the case for Terra Nullius • International – gas vs. heritage in Navajo country • Yorta Yorta update • Secrecy on Land Rights denied • High Court cruelling Native Title - Pearson • Noonkanbah battle recalled

The Newsletter of the Indigenous Social Justice Association Djadi – Dugarang Volume: 5 Issue:2 November 2003

Land Rights? … or … Land Wrongs? September 2003 A Non-Corporate View

Editorial Australia's Indigenous A History of Invasion and WELCOME to the second Peoples lived the latter life Genocide that continues to this issue of Volume 5. In this style. War, for the purposes of day. "Oh, not the Black Newsletter we will be looking obtaining Land from another Armband View again," I hear at the subject of Land. The Tribe or Nation was unknown. someone sigh. This was brought about by the Traditional Lands of the No my Friend, more of the Traditional Owners. Always single fact that coveting the Lands of others was Culturally White Blindfold View and Was, Always Will Be, another fine example of the Aboriginal Land. And Torres inappropriate. Put simply, the Spirits of your Land are not Constructed Silences exampled Strait Islander Land also. Land in the previous that was, and remains, Stolen. mine. They must of course be respected but they have no Newsletter. This period of the Like our Children, like our Black and White Relationships bearing on my Culture or Wages, like our Culture. has been termed 'The Culture Everything Stolen. Spirituality. That can only be found on my Land. Land, Wars.' Windschuttle is Historically, and Culturally, regardless of which Tribe or currently the newest of those Land has been viewed, used Nation owned it, was also to be who feel the great need to and abused differently by shared by others outside of the rewrite the real Joint History. It different Peoples in different Tribe or Nation using that matters not what they say, the times. The so-called Land. For example, during use Truth remains inviolate. Civilisations of Europe adopted of the Trade Routes which The first article comes from a culture whereby Land criss-crossed Australia. From Henry Reynolds looking at the became wealth to the North to South, from East to Windschuttle fabrication of individual who professed West. Those using the Trade History and especially that part ownership of it. Land was just Routes who died were allowed dealing with the Ownership of another commodity to be to be buried with all due Land by the Traditional bought and sold, the end being Custom and Respect of their Owners. to become even richer by the own Lands. Children born were purchase or the use of it. given the appropriate Cultural Other articles deal with the Territorial wars were fought , necessities also. The Lands British atomic tests 50 years and still continue to this day. were shared, not owned. These ago that were similar to the The Falklands War procedures were not, of course, American tests up at Bikini between England and unique to the mainland of Atoll, whereby the health and Argentina is but one example Australia. Historically, the safety of the locals were of this. Torres Strait Islanders had an criminally not fully considered. extensive Trade Route system. Noel Pearson considers the Land to those living in a latest decisions of the High more "primitive" culture either Ownership of Land just was Court, including the disgraceful followed the European Way or not an issue and sadly only decision made against the shared the Land within their became a destructive issue for Yorta Yorta Peoples. We have own Tribal groupings. Land the Cadigal/Eora People of the analysis of that decision also. was never to be individually greater Dharrug Nation on 26 owned but became as one with January, 1788. When Captain Tony Abbott harangues the the individual and collectively Phillip and his human cargo Traditional Owners for not with the Tribe or Nation. The came ashore and raised the totally embracing Capitalism in Land was to be respected by all British flag on behalf of mad their Culture. and shared by all, along with its King George, then the rot, We look also at the current relevant resources, by all. The literally, set upon us. fashion of Land negotiations only areas of recognition were being entered into outside of the Sites for Men and Women's The rest as they say, is History. the High Court. Very much a Business and those Sites sacred case of 'damned if you do, to both or either.

VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G damned if you don't.' Ms. throats – not warriors or Tasmanian Aboriginal Jackie Huggins gives us her patriots. linguistics published in the important view of the Native 20th century. But leaving that Title Act of 1993. Much then turns on this aside, two points should be question. Remove this building made. We have no idea at all of We revisit Noonkanbah in block and much of the what percentage of total the Kimberley's and look at the argument in The Fabrication of Aboriginal vocabularies were issues of today. We 'walk' the Aboriginal History collapses. It ever recorded - particularly by Country reading Reports of is not possible, as some the informants whose work is current Land Rights struggles reviewers have wished, to cast reprinted in Roth. and compare and contraire doubt on Windschuttle's vision what is happening here to what of terra nullius while leaving A modern authority has is occurring in Canada and the the rest untouched. The written: "Only limited and United States to the First soundness of argument and generally quite unreliable notes Peoples Nations. evidence in this area are all- and materials, mostly word lists important. and some sentence materials, We also report on the had been collected in the ongoing struggles of the Torres He begins at a high level of Tasmanian languages, from Strait Islanders to continue to generalisation. Unless it can be which only a superficial picture build upon the Mabo High proved to the contrary, it must of them can be obtained. Those Court decision. be assumed that hunters and few short texts that are gatherers have no sense of land available are of dubious value, All this and more, so let us ownership. It is a heroic claim, proceed. as they were compiled by which flies in the face of 200 Europeans, with, it seems, little Killing off the case for years of jurisprudence and at real knowledge of the terra nullius least 150 years of ethnography. languages." Other scholars Windschuttle provides no support this proposition. So THE AGE evidence, no references to while we know how many August 23, 2003 ground this heroic proposition. THERE is no doubt about words were listed by European We are expected to receive it as witnesses, we have no idea of Keith Windschuttle's ambition. an axiom that is beyond how many were not. He seeks to bring the concept argument. But it is not a good of terra nullius back to life. start. And things get worse. N.J.B. Plomley, the doyen of That is a central feature of The Tasmanian Aboriginal Fabrication of Aboriginal The most powerful scholarship, observed that "we History. He tells us that the proposition we are presented are quite ignorant of the range notions of the exclusive with is that the Aborigines did of Aboriginal thought because possession of territory and the not have a word for property. so few topics were explored in defence of it either by law or This argument has caught the conversation with them". All force "were not part of the public's eye and has been Windschuttle can legitimately repeated numerous times in Aborigines' mental universe". say is that words for land do In short, the Tasmanians "did reviews. Clearly it has been not appear in the vocabularies not own the land". The concept seen to be a clincher - an printed in Roth. That is a of property was "not part of argument of great discursive much-diminished claim. their culture". power. But the most serious Much follows from this But we should begin with problem with the Windschuttle assertion. The incoming Windschuttle's own words: position is that he did not Europeans were not taking land "The Aborigines did not even consult the most important have a word for it. None of the belonging to someone else. contemporary work on They introduced tenure to a four vocabularies of Tasmanian Tasmanian languages - place where none had Aboriginal language compiled Plomley's 1976 book, A Word previously existed. Aboriginal in the 19th century, nor any of List of the Tasmanian attacks on the settlers had the lists of their phrases, Aboriginal Languages. The nothing to do with resisting sentences or songs, contained result of 26 years' research in encroachments on their land the word 'land'. Nor did they Australia and Europe, it because they had no sense of have words for 'own', 'possess' represents a benchmark in or 'property' or any of their trespass. relevant scholarship - an derivatives." In the absence of such authority that cannot lightly be motivation, they must have The source for these claims dismissed. So how does been spurred to violence by is a series of appendices in the Plomley's work help us to baser, more personal motives - 1899 book, The Aborigines of pursue the question of land by the desire for vengeance and Tasmania, by H. Ling Roth. ownership? At first sight, it for plunder. Therefore, the Given the great significance of would appear to support the Tasmanians were not at war the linguistic evidence, it is Windschuttle position. There with the settlers. They were remarkable that Windschuttle are no entries for "land", criminals - burglars and cut- has apparently read nothing on

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"property" or "possess". But it just a case of not doing his The question of land is also everything is not as it seems. homework? It does seem critical to an assessment of extraordinary that he was Windschuttle's interpretation of When Aborigines talk about willing to rest such a critical the Black War. land, they most commonly argument on what was known refer to "country". Hence we Assuming that the at the end of the 19th century. hear of "caring for country", Is it possible that he actually Tasmanians did not own the "returning to country", consulted the Word List but did land, had no sense of property "claiming country", "living on not like what he saw? He listed and traditionally knew nothing country". It was not nine other Plomley works in his of trespass, the conflict itself unreasonable, then, for Plomley bibliography. If one were to could not have been about land. to categorise all words relating adopt Windschuttle's own view That being so, the Aborigines to land under the rubric of of things and employ his were not patriots, not even country. And it is there that all warriors. They were criminals inimitable language, we would the words will be found - a have to assume that this was engaged in murder, assault and page-and-a- half of them - 23 one piece of information that theft. They were largely relating to country, three he was "careful to keep from" responsible for the violence meaning "my country", six his readers. and they brought their own fate meaning "where is your on themselves. This may country?". If the use of linguistic appear extreme, but it is a fair evidence leaves much to be rendition of the Windschuttle Some of the entries are desired, the treatment of the thesis. Most of the actions of variations of a single word. But historical record is equally the Aborigines, he argues, each one was collected flawed. This is particularly so "were nothing more than what separately. And they come when Windschuttle comes to would be recognised as crimes from all over Tasmania - from discuss the views about in any human culture, robbery, the western, northern, north- Aboriginal land ownership assault and murder". eastern and south-eastern tribal current among the colonists in groups. The record is even the 19th century. In one sense Contemporary European more geographically specific, his response is - and has to be - witnesses who believed the with relevant words recorded at Tasmanians were motivated by pre-determined. If you start Port Sorell, Bruny Island, Cape from the a priori assumption anything more elevated than Grim, West Point, Mount that the hunter-gatherers have the desire for plunder and Cameron, Cape Portland, Ben no sense of property, that they revenge are either ignored in Lomond and Oyster Bay. The do not own the land and have The Fabrication of Aboriginal majority were collected by nothing in their language to History or dismissed with an George Augustus Robinson, suggest otherwise, then insouciance that is who was the only person contemporaries who thought breathtaking. among the settlers who had differently must have been even a slight grasp of the Windschuttle also turns a mistaken. In that situation one blind eye in the direction of Tasmanian languages. But would know in advance that any evidence that indicates that other words were contributed they were imposing their by Charles Robinson, Jorgen the Aborigines believed - and Eurocentric views on the were motivated by the fact - Jorgenson and Alexander indigenous people. McGeary. that the Europeans had usurped An alternative strategy is to their territory. He argues that In his commentary on the deny that there is any evidence although in the diaries of words relating to country, at all relating to the question. George Augustus Robinson Plomley wrote: "Although the (who was appointed Windschuttle therefore insists, phrases 'my own country' and as he logically must, that there superintendent of Aborigines in 'where is your country?' clearly is no contemporary evidence the 1830s) - the Aborigines refer to a tribal territory, it does that the Tasmanians had a "give plenty of explanations for not follow that all the words sense of territory or property. their actions based on translated as 'country' do so. The solution to the problem is individual wrongs", such as Many of them almost certainly simply to leave out evidence to being assaulted by whites or have the meaning of tribal the contrary. And yet there is having their women stolen, territory, but at least one may there are "none about an unbroken tradition in have the meaning of European writing from the defending their country". countryside." 1820s to the present that has In fact, there are many in the Where does this leave recognised Aboriginal land Robinson papers. While Windschuttle's claim that the ownership. reporting to the government in Aborigines had no words Many witnesses are people January 1832 about his first relating to territory or whom Windschuttle himself meeting with the remnants of ownership or possession? quotes approvingly when other the Big River and Oyster Bay Clearly it cannot be sustained. tribes, he wrote: "The chiefs issues are concerned. But was he simply unaware of assigned as a reason for their Plomley's linguistic work? Was outrages upon the white

3 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G inhabitants that they and their Windschuttle's Fabrication of dump will be located on their forefathers had been cruelly Aboriginal History, edited by land. abused, that their country had Robert Manne ($29.95, Black been taken from them, their Inc.). Nance Haxton reports. wives and daughters had been (explosion) violated and taken away, and 50 years ago, during the that they had experienced a time of then Prime NANCE HAXTON: The multitude of wrongs from a Minister Bob Menzies, explosion at Emu Junction was variety of sources." the British were allowed part of Britain's weapons to come to Australia so testing program, seen as crucial That this and other incidents that they could test their to the continuing defence of the do not appear in The Commonwealth. Fabrication of Aboriginal atomic weapons on the History should occasion no Lands of the ARCHIVED NEWS surprise. They would Pitjantjatjara, among REPORT: The explosion lit the complicate things and make it others. This occurred on whole of the desert many times much harder to declare that in 15 October, 1953. The more brilliantly than the existing accounts of internecine fiercest sunshine. It was only a first atomic test question of waiting for the right conflicts between Aboriginal happened in the Monte bands there is not even "one weather, and particularly for a Bello Islands off the example of trespass provoking wind hat would carry the violence", and that the north-west coast of explosions' radioactivity further Tasmanians showed no WA on 3 October, 1952. out into the desert where it evidence of anything that To the best of my would harm no one. deserves the name of political knowledge, the Monte NANCE HAXTON: skill. Bello Islands were vacant However, Eileen Kampakuta Windschuttle is also keen to of human life. Not so the Brown was living on her scotch any suggestion that the Traditional Lands traditional lands nearby when Tasmanians had any patriotic surrounding the Totem 1 exploded. She says feelings. The fact that no one Maralinga tests. her people, the Anangu, ever recorded a patriotic speech received no forewarning. She verbatim leads him to the truly To add insult to a deadly remembers seeing a black mist, extraordinary proposition that injury, the Federal which spread over the country none was ever delivered. Government now wishes and killed members of her to use the Lands as a family. Mrs Brown is translated "The reason for historians' nuclear waste dump. Will by her granddaughter, Karina inability to produce patriotic Lester. statements", he argues, is they never learn? ends simple - "none were made". As EILEEN KAMPAKUTA 50th anniversary of BROWN (translated): We only one or two settlers Australian atomic test understood any of the noticed a very red, red colour Tasmanian languages, and only ABC AM [transcript] in the sky in the west there, and a few Aborigines spoke a little we thought, hey. And it was broken English, the absence of Wednesday, 15 October , 2003 that boom, that blast, and then reporting from the "front" is Reporter: Nance Haxton that mushroom that we could see. That next morning when scarcely surprising. LINDA MOTTRAM: Today we all woke up, that was when marks the 50th anniversary of The Fabrication of we noticed sickness happening the first atomic test on the Aboriginal History is a then. remarkable book. It is, without Australian mainland. Yami got up that morning doubt, the most biased and Totem 1 was a 10-kiloton and we saw, you know, red cantankerous historical work to atomic bomb, just five kilotons eyes, sore red eyes, real appear since the publication of less than the bomb exploded at flemmy in the nose, coughs, G.W. Rusden's three-volume Hiroshima. It was detonated at bad coughs as well and so, we History of Australia in the Emu Junction, about 240 were starting to think maybe it 1880s. Even Rusden's attacks kilometres west of Coober was to do with that bomb. on his political opponents fail Pedy, in South Australia's to match Windschuttle's north. That morning when we woke vilification of the Tasmanian up was when we found out Despite assurances from to Aborigines. And vilification is about Kelly's father who passed the contrary from officials, not too strong a word. The away. Day Two we lost Kelly's Indigenous people living concept of savagery has been sister then. So Day Three was nearby were affected by the reborn. when we lost Kelly's mother. test, and now they're concerned This is an edited extract of a about another issue amid NANCE HAXTON: Despite chapter by Henry Reynolds proposals that a nuclear waste the damage done to the from Whitewash: On Keith traditional peoples and those

4 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G assisting in the operation of the Australians, to stop history blinded by the blast, were easy tests, at the time the man in repeating itself. to catch. charge was unapologetic. EMILY WATSON: Not only Milpuddie, who lived at Oak The Director of Atomic our children, little black ones, Valley, 120 kilometres from Weapons Research in the UK, we think about the white ones the test site, has just died, and Sir William Penny. too 'cause they're all in one, her name cannot be spoken out and they want to live in this loud. ARCHIVAL EXCERPT world in peace, not in poison. WILLIAM PENNY: Proving Her grieving daughter, tests are absolutely necessary. LINDA MOTTRAM: Sarah, was one of about 60 Tests could not be held in the Kungka woman, Emily Aboriginal people who United Kingdom because it is Watson. Nance Haxton gathered near Coober Pedy impossible there to find an reporting. yesterday for a three-day bush area, even a few miles across, camp which linked the sins of empty of houses, people and Indigenous women Australia's atomic past with stock. protest against nuclear fear of a future that includes a dump plan new nuclear waste dump in NANCE HAXTON: outback South Australia. However, what they didn't ABC INDIGENOUS NEWS realise was the extent of Monday, September 29, 2003 "The poison is going to Aboriginal settlement on the SENIOR Aboriginal women come back, like Maralinga - vast amount of land that was in Coober Pedy say they just sneak in," say a group of affected by radiation. believe a nuclear legacy, which tribal women from Coober began with atomic testing 50 Pedy, who five years ago The 1984 Royal Commission years ago, will continue if a formed an anti-nuclear into the atomic testing program planned radioactive waste coalition called the Kupa Piti found that Totem 1 was dump near Woomera, in South Kungka Tjuta. "They are going detonated in wind conditions Australia's far north, goes to do the same thing here." that produced unacceptable ahead. fallout. The Kulini Kulini (Are You About 300 people, including Listening?) bush camp united The senior Aboriginal a number of women with links old tribal Aboriginals with women of Coober Pedy, the to Maralinga, are gathering this young environmental activists. Kupa Piti Kungka Tjuta, talk of week at the 10 Mile Creek bush Under an open-sided tent at continuing birth defects in their camp in the state's far north. Ten Mile Creek, outside of children and grandchildren Coober Pedy, female elders since the explosion. Coordinator Nina Brown says it will be a forum for took turns at the microphone Eileen Brown says they are people to listen to the stories of telling their stories of the now determined to stop the elders, and learn valuable nuclear past. low-level radioactive waste lessons from the past. "We saw a cloud coming dump from being established towards us, then we all got on their traditional lands. "It's really hard for these people who've been directly scared. We didn't know what it EILEEN KAMPAKUTA affected and have four or five was," says Angelina Wonga BROWN (translated): generations now in 50 years, who in 1953 was a teenager Maralinga killed a lot of our and they're seeing that legacy walking with her parents and family, so back then we lost a in their families," she said. their camels towards the lot of our family. This poison outpost of Marla. that's coming into our land now "It's really close, it's not the hypothetical opposition to a The radioactive black smoke is something that's a little bit left her mother and father different. It didn't go off like waste dump, look we've had it, we've seen it and it can't coughing and covered in rashes Maralinga did. It might seep and that night they both died. through and after big, heavy happen again." rain, rain might push down, A people who dread the It was a heavy burden for a push poison through. This day the nuclear cloud young girl to bury her parents, might be water that we drink and the memory of it yesterday from, we might, you know, will sneak back made an old woman cry. bathe ourselves with as well. The Sydney Morning Herald The arguments were So we don't know. That's our By Penelope Debelle emotional rather than scientific, worry, is water, if it does seep October 1, 2003 through getting into our water ONE of the more chilling but the lives of the traditional systems, how it will affect us. images of the British atomic owners of this land are tests near Maralinga, South intertwined with nuclear NANCE HAXTON: Fellow Australia, 50 years ago was of history. Kungka, Emily Watson, says a young woman, Edie ”We love our bush tucker, they are fighting not only for Milpuddie, found camped in a themselves, but for all our kangaroo meat," said bomb crater where the rabbits, Eileen Kampakuta Brown.

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"The poison gets into the Land is immutable. Our why they acted as they food chain and makes everyone People are not. did to be offensive to the sick and we will all get Indigenous Peoples and For some affected." their supporters. They unfathomable reason, too The Australian Radiation went along with the many believe the spin- Protection and Nuclear Safety howard Plan because doctoring of howard, Agency will hold public they feared 'a racist herron, ruddock and of meetings later this year to hear election.' Pardon? This is course we must not complaints against the issuing Black Humour indeed. forget tony abbott. These of licences for a nuclear dump ends near Woomera. push the Big Lie that Noel Station owners, Aboriginal has dropped Land Rights High Court cruelling groups and the South from the Social Justice native title: Pearson Australian Government are Registry for the The Sydney Morning Herald pursuing legal action in the Indigenous Peoples of Debra Jopson Federal Court. this Country. He hasn't. March 18 2003 What Noel has done is THE Aboriginal leader and The following Report merely prioritised the barrister Noel Pearson last again, in my view, clearly Battles to win the War. night weighed into the High sets out the views of Noel And more strength to Court, accusing it of Pearson relative to Land misinterpreting the Native Title him. Rights for the Traditional Act in two recent decisions. Owners. Noel, in all the There are of course Describing native title litigation readings and hearings of critics of what Noel is as a battle for "leftover land", Mr Pearson said the present his words that I have attempting, mostly in the High Court judges did not done, says nothing methods being used. I understand their responsibility remotely to the effect that have some agreement towards "belated and meagre Land does not matter; with that, and especially land justice". that Land need not be the involvement of the returned to the rightful Beattie Government. He said their predecessors in the original 1992 Mabo owners of the Lands. There also arises the decision recognising native title What was frustrating debate surrounding both had understood that Noel, and many others, Noel and his Brother, responsibility. He noted that in was the total destruction Gephardt, about their December, the court had of our Communities by financial interests in the decided that the Yorta Yorta the absolute abuse of work being done. But to people who straddle the alcohol and drugs. The move on. Murray River in NSW and greatest enemy was and Victoria "were not sufficiently is the substantial The original Native Title Aboriginal to get one square metre of what was left over unemployment within and Act, 1993, was tough enough but at least it after the whites had taken all without the that they wanted". Communities. Arising became possible to from the abuses and the obtain Land Rights. Giving the Sir Ninian breakdowns of Culture Unfortunately, when Stephen annual lecture at Newcastle University's law and Respect came the howard changed the 10 school, Mr Pearson said native further horrors of Point Plan to the 7 Point Plan, any legal rights of title had been recognised in domestic and sexual federal legislation to protect it violence against women, the Traditional Owners became dormant. The 7 "from arbitrary extinguishment children and the Elders. by hostile governments". But Correctly, Noel Point Plan was and the present court's "flawed and recognises that if positive remains a criminal act of discriminatory circuit breakers are not Racism. The fact that conceptualisation of native introduced, then there will Tasmanian Senator Brian title" and "egregious be too few to regain their Harradine and Father misinterpretation of fundamental provisions of the Lands. Our Elders will be Frank Brennan supported this Plan, against the Native Title Act" meant the dead and our youth will judges were "destroying the be either also dead or express wishes of our 'Leaders,' is an act that opportunity for native title to gaoled. This result would finally settle the outstanding most certainly not be to will bring shame upon question of indigenous land our best interests. the them all of their lives. I justice in Australia". find their stated reason of

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He and many others had surmount the most is a farcical farrago of believed that "all claims for unreasonable and unyielding legal Racism at the native title that would be made barriers of proof". strong behest of the under the framework of the Federal Government. new legislation would be Mr Pearson said they have to prove "that they meet white adjudicated according to Whilst some ‘Cockies’ Australia's cultural and legal principles of the High Court's would not be celebrating decision in Mabo and the body prejudices about what constitutes 'real Aborigines'." the win (?) the Yorta of common law of which it Yorta People intend to forms a part". But the The High Court, in their now take their fight to the relevance of the Mabo decision nefarious Judgement United Nations. had almost been rejected by the against the Descendants court as a way of understanding of the Yorta Yorta The High Court Rulings native title, he said. "Indeed, are being mirrored in the the High Court has taken the Traditional Lands, have legislation as the starting point vindicated and endorsed States and Territories. and the ending point for the Racism of the howard More on that later. ends interpreting native title," he Government and his 7 Yorta Yorta Decision: said. It had also failed to Point Plan. As I have Terra Nullius by properly interpret the common said elsewhere, “we are Attrition law when deciding the native never allowed to win, and title cases of the Miriuwung- even if we do, the Laws Senator Aden Ridgeway Gajerrong people of the Democrats Senator for New South Kimberley and the Yorta Yorta are changed so we lose.” Wales people. Australian Democrats This is the History of how spokesperson for Indigenous He called for this section of the Invaders treat the Affairs the Native Title Act to be Invaded. Born from a Dated: 12 December 2002 amended. Otherwise the whole contempt that is Press Release Number: 02/609 basis for the act, to recognise measured in “bucketloads THE Australian Democrats' and protect native title, "is of extinguishment.” Indigenous Affairs destroyed forever". spokesperson, Senator Aden The High Court has now Ridgeway, today expressed his "The High Court's been stacked with those disappointment in the High interpretation is patently at Judges who better reflect Court's decision in the Yorta odds with the intention of Yorta case, branding it terra the ultra-conservatism of Parliament, both during the nullius by attrition. time of the Keating howard and his ilk. A government in 1993 and at the White Australia view. A "This decision shows that time the Native Title pre-1967 view. native title cannot be seen as Amendment Act was passed by the sole means by which we, as the Howard Government in We begin with a a nation, will be able to resolve 1998. "Both parliaments Statement made by the outstanding issues between understood that their respective Senator Aden Ridgeway, Indigenous people and other laws were preserving the then we look to the Australians," said Senator common law rights articulated Squatter, Curr, whose Ridgeway. in the Mabo decision." The very existence on Yorta The Yorta Yorta case was current High Court judges had Yorta Land somehow the longest running native title chosen not to develop "the erased generations of case in Australia, having been fledgling Australian law" by Aborigines. bounced around the courts and drawing on international various mediation process since examples as Justice William This is followed by an 1994. Brennan and his fellow judges analysis of the legal (?) had in the Mabo decision. "It is also likely to claim the arguments put by a Rather, they had "taken the unenviable title of being the easy road of interpreting and majority of 5-2 that most expensive - leaving developing native title under required Aborigines to generations of Yorta Yorta to the rubric of statutory prove, firstly, their carry the unjust legacy of debt. interpretation". Their Aboriginality, and then "The determination of the interpretation of Yorta Yorta prove your Cultural Links Victorian and NSW had shown that "whitefellas" to the Land claimed, and Governments to deny the Yorta get to keep all they have finally, proof must be Yorta their native title rights is accumulated and "the blacks shown that that Cultural particularly concerning for all only get a fraction of what is Link has not been broken Indigenous Australians, but left over and only get to share a especially those in the South- co-existing and subservient title by the Colonial Invasion. East. where they are able to The whole legal exercise

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"This approach sits "When will they ever this. You won't see us uncomfortably with these change?" said Yorta Yorta celebrating with a barbecue Governments' much touted elder Elizabeth Hoffmann. tonight." commitments to Reconciliation. For Yorta Yorta elder Using the motto "Barmah Margaret Wirrpunda, grief forest for all and forever", "Just as the courts and the quickly turned to anger. "If you farmers in the area, many of associated adversarial process think that our people are going whose families have worked of litigation is not an to be wiped out by a few the same land since the 1870s, appropriate policy response to words, you are mistaken," she were instrumental in fighting the legacy of the stolen said. the native title claim, which generations, so too it falls well involved about 2000 square short of the mark when it Mrs Hoffmann's daughter, kilometres of crown land, comes to resolving the Monica Morgan, said the High forests and waterways in Court had upheld a "pitiful aftermath of more than two Victoria and NSW. hundred years of oppression. Anglocentric, ethnocentric, racist evaluation". "The Yorta According to Stan Vale, "Regardless of this latest Yorta people will continue to president of the Barmah Forest judgement, the Yorta Yorta live in our country, will Preservation League, the native people know their culture and continue to have our own title claim brought an their connection to country still identity," she said. uncertainty to the lives of all exists. people in the region not Edward Curr's great-great- because it threatened their "The Australian Democrats great-granddaughter Pamela lands directly but because it pay tribute to the Yorta Yorta Curr said she felt very sad at involved a claim over part of people for their determination the ruling, as it compounded the Murray that supplies water in their fight for justice and her family's role in taking to the area. support them in their ongoing Yorta Yorta land. "It is a battle for recognition," tragedy that we have not been "It was an unknown quantity concluded Senator Ridgeway. able to give back to the Yorta what would happen if they Yorta what was theirs in the were to gain native title of the Claim sunk by a first place," she said. area, especially with the water swordsman's pen involved," he said. Melbourne University Ph D THE AGE student and Edward Curr "It was well known that they Fergus Shiel expert Sam Furphy said it was wanted cattle and logging out, December 13 2002 ironic that the first trespasser but on the broader picture they THE ghost of the 19th on Yorta Yorta land had helped didn't map anything out so century squatter, champion sink their claim. "The High what would have happened swordsman and diarist Edward Court has failed to give due with the water we didn't know. Curr yesterday came back to consideration to the inherent All the businesses in the area haunt the descendants of the biases in Curr's written would have been affected." people he once called his account," Mr Furphy said. "sable friends". A further, somewhat unusual consequence of the native title Broken-hearted but still Cockies are not claim, according to the farmers, defiant, Yorta Yorta crowing over court win could have been an increase in community members said as The Sydney Morning Herald the danger of wildfire that much after the High Court By Lyall Johnson would irreparably destroy the dismissed their native title December 13 2002 red gum forest. appeal. In doing so, the court GRAZIER Peter Newman endorsed an earlier Federal believes there is no winner Local graziers are allowed to Court ruling that relied very after yesterday's decision to graze their cattle in the forest, much on Curr's written reject the native title claim by which they say reduces recollections as the first the Yorta Yorta people. And undergrowth that by the end of pastoralist on Yorta Yorta for his part, there will be no summer is tinder dry and a fire country in the 1840s. celebrating. hazard. About 50 members of the Mr Newman, whose farm "All of the area around here Yorta Yorta's 4000-strong adjoins the Barmah state forest would be very vulnerable to community learnt of the court north of Nathalia on the wildfire if we didn't have the decision at its Melbourne Victoria-NSW border, doesn't cattle in there and that's a fact," registry. even admit to being happy. said Kelvin Trickey, a fourth generation farmer from "Went down 5-2. Appeal "I'm pleased that all Nathalia. dismissed with costs," their Australians will still have lawyer, Peter Seidel, cried out, access to the land that had been Yorta a 'dismal day for pitching the gathering into deep claimed ... but I don't think Aboriginal justice' sadness. there can be a winner out of The Sydney Morning Herald

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By Cynthia Banham to be "traditional", or had they Greens Senator Bob Brown December 13 2002 changed and adapted so much said the groups' dispossession ABORIGINES claimed so they could no longer be said "is a national injustice" yesterday they faced an to be the same rights or impossible task achieving land interests observed by the Yorta Yorta to take title rights, after the High Court relevant group's forebears, in case to UN dismissed a native title 1788. THE AGE application by the Yorta Yorta "Acknowledgement and By Fergus Shiel people. Law Reporter observance of those laws and The court ruled 5-2 that September 13, 2003 customs must have continued THE Yorta Yorta people of indigenous people had to prove substantially uninterrupted their observance of traditional Victoria and NSW are since sovereignty," the judges preparing to lodge a complaint law and custom could be traced said. back to 1788, and had with the United Nations, remained "substantially "Were that not so, the laws claiming that the High Court's uninterrupted" ever since. and customs acknowledged and rejection of their native title bid observed now could not denied them their inherent The Yorta Yorta, who properly be described as the cultural rights. claimed title over more than traditional laws and customs of Last year, the High Court 1800 square kilometres in areas the people concerned." including southern NSW, near rejected the 4000-strong Yorta Albury, as well as northern Justices Michael Kirby and Yorta people's claim, Victoria, were devastated by Mary Gaudron dissented. upholding an earlier Federal Court ruling that the tide of the decision. The claim co- A senior law lecturer at ordinator, Monica Morgan, said history had washed away their Melbourne University, traditional rights. it was a "dismal day for Maureen Tehan, believed the Aboriginal justice". decision went further than Having run out of legal options at home, Yorta Yorta Their legal fight had lasted previous High Court rulings. elders will meet soon to ratify eight years, and was the longest She said the decision meant in native title history. the formal complaint to the UN "it's part of the claimant's case Human Rights Committee. The chairman of the to establish there has been a Aboriginal and Torres Strait substantial continuity of Yorta Yorta spokesman Islander Commission, Geoff traditional law and custom Henry Atkinson said: "There Clark, said the decision flew in from the time of sovereignty will never ever be a way that the face of the Mabo decision until the present day, and that a governments or anybody will kill the spirit of our people. recognising native title. It gap in the evidence of that meant native title "doesn't continuity may be fatal to "They may have stolen our exist". meeting that test". children and our language and Lawyers involved in the case The National Native Title even tried to steal the colour of said the decision confirmed the Tribunal president, Graeme our skin but they will never, bar to proving native title was a Neate, said the decision ever steal the spirit of the high one, and that it would be showed litigation was "an Yorta Yorta people." very difficult to prove it existed onerous way to go". Their lawyer Peter Seidel, of in more settled parts of He said it was clear many Arnold Bloch Leibler, said the Australia. Proving laws and indigenous groups pursuing complaint to the UN would go customs could be traced back naive title faced a "difficult beyond symbolism - it would to pre-European settlement challenge" and they should be be an important legal- political days was "not going to be encouraged to use mediation document. easy". instead. Mr Seidel said the point of The judgement was The Victorian Government the complaint was that the law welcomed by the Federal committed itself to pursuing of native title in Australia now Government, with the out-of-court negotiations with applying to the Yorta Yorta Attorney-General, Daryl the Yorta Yorta people to breached the international Williams, saying it was an "address their aspirations". covenant on civil and political "important additional piece in rights. "It breaches it, we say, the evolving picture of native Labor's spokesman on because it denies the Yorta title", and did not represent a reconciliation, Senator Chris Yorta the opportunity to access departure from Mabo. Evans, said the decision was a protections under the Native "disappointing blow" to the Title Act including the crucial In a joint judgement, Justice Yorta Yorta. Murray Gleeson said the key right to be involved in decisions protecting their question in determining native Democrats Senator Aden title was whether Aboriginal Ridgeway described it as "terra traditional country," he said. law and custom could be seen nullius by attrition", and The complaint is expected to be

9 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G filed in the next couple of the Nunuvut before them, are the only country to months. the Dogrib Nation has recognise those rights in our constitution." The Yorta Yorta claim, been granted some first lodged in 1994, was 24,000 square kilometres The agreement recognises Australia's longest- of their Lands. They have the Dogrib's right to self- running native title case. also been given all government and ownership of ownership rights to all the their land. The federal Other claims are also resources upon the Land, government will maintain being summarily rivers and seas. control over criminal law, dismissed under the new health and education. Will this ever happen in rules. Rules that equate Mr Chretien said the to the Language Test this Country? I very much agreements and settlement of applied to those doubt it, whatever long-standing land claims attempting to enter this Government is in power. constitute an evolution in Canada's relations with its Country under the White Dogrib people given Australia Policy. Should aboriginal people, which has right to decide their often been fraught with you have been Black or own future problems. Asian you were given a Language Test in a The Sydney Morning Herald Under the agreement, the August 27, 2003 tribe will be paid $C152 European Language, THE Canadian Prime million ($167 million), to be such as Dutch, Gaelic or Minister, Jean Chretien, has deposited in a tribal trust fund any Language other than signed a historic land over the next 15 years. Australian. Ends settlement, granting the 4000- member Dogrib tribe powers to The Dogrib will be able to Indigenous groups fail preserve their culture, govern set the terms of development in themselves and receive tax their land. in land claim bid revenue in a territory bigger than Belgium. Existing resource ABC INDIGENOUS NEWS development contracts are to Tuesday, September 23, 2003 The Dogrib, an aboriginal remain in force until present TWO Aboriginal land claims people in Canada's western leases expire. After that, against the NSW south coast's Arctic, also known as the leaseholders must negotiate Shellharbour City Council over Tlicho First Nation, will gain new terms with the Dogrib land set aside for a marina have self-rule over about 24,000 government. failed. square kilometres of land between the Great Slave Lake The Dogrib have taken steps The claims, totalling $1 and the Great Bear Lake in to prepare for their new million, were made by Canada's sparsely populated government. They own power Cummins bloodline Aboriginal north. land development and drilling descendants of the Wulu companies and an airline Ngulu, and the Russell Under the agreement, similar “If anything - including oil, bloodline Gundangara to the land settlement that gas, diamonds - is found on our Aboriginal people. established the huge Nunavut territory in the eastern Arctic in land we selected, we will get Shellharbour council general 1999, the Dogrib will have the 100 per cent of the royalties," manager Brian Weir says he authority to collect taxes, John Zoe, the Dogrib chief has been advised the two control hunting, fishing and negotiator, said. groups could not sufficiently industrial development, and Unlike the Canadian demonstrate an ongoing collect resource royalties, connection to the land. Government our including those from two Governments and our diamond mines on their land. The situation for the First Courts now only wish to Nations People of "This agreement represents give partial ownership of Canada is much different what is best about Canada," Mr the Traditional Lands, an to the continuing Chretien told about 500 people ownership that is merely arrogance of our gathered in a school restricted to access for Governments. gymnasium in Rae-Edzo, one of four Dogrib communities, Culture purposes. In Canada there is a about 95 kilometres north-west Resources from those genuine effort by the of Yellowknife, capital of the Lands belong to others. Canadian Government to Northwest Territories. The Cultural practices of real Reconciliation and "We lead the world in the Respecting and Revering Land Rights Justice for recognition of aboriginal the Lands, as in the pre- the Dogrib Nation. Like rights," Mr Chretien said. "We Invasion days, is sternly

10 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G dismissed by those money and even more political questionable legality Federal Government will are needed. characterise too many dealings. Ministers who carry some Mr Abbott says a starting This overdue debate should responsibility in these point is to change the economic flourish. At the same time, areas value of land granted to potential economic benefit Aboriginal communities. must not be squandered for the Where Land is already Native title, first recognised by benefit of a few. Traditionally owned, the the High Court in the 1992 complaint made is that Mabo ruling, was meant to It now becomes the Lands are not being raise Aboriginal self-esteem necessary for an used correctly, a and self-sufficiency but its alternative to the rosy Capitalist correctness application has disappointed picture that has been must be applied. For many Aborigines who painted, to be given. years howard, herron, complain it is too hard to Examples abound in the obtain and, once granted, ruddock and now Tony USA whose bestows too little economic Governments generally Abbott have decried the benefit. That's because title to treat their Indigenes with lack of initiative of the granted land cannot be sold. owners in not inviting the Communities, therefore, cannot the contempt that our Mining Industry in, to not borrow against it. Even land Governments give to us. rent the Lands out to use is restricted by conditions Profits is the name of the entrepreneurs, or attached to so many native game and to hell with perhaps worse still, why titles. everything else. ends the Lands are not sold! All this may make As stated earlier, the Aborigines' spiritual Federal Government has attachment to the land more attempted to link this pristine, but it won't create jobs or set educational goals for It's Gas vs. Heritage in argument to the voice of Navajo Country Noel Pearson. This, like Aboriginal children. most Government The Abbott suggestion is to October 14, 2003 By SIMON ROMERO utterances is a lie. convert native title to freehold NAGEEZI, N.M. - THE title. While native title was Navajo revere this remote area Abbott sets out the "indivisible, inalienable, around a tabletop mesa in argument below. ends collective" and "economically north-western New Mexico as useless", he said, economic Abbott rocks land title the place where the mythical usefulness demanded land be figure Changing Woman gave boat alienable. Capitalism required birth to two warrior sons who capital. Mr Abbott is entitled to The Sydney Morning Herald made the universe safe. Editorial a B-plus for his boldness at March 18, 2003 weighing in on a debate where Energy companies desire this TONY Abbott makes an faint hearts for too long feared area for its strategic location in important step in his to tread. Wary of the racist the San Juan Basin, a observation of the failure to brand, white leaders avoided geological mother lode of raise the living standards of the scandal of initiative- natural gas reserves in the Four many Aborigines. The federal draining Aboriginal welfare Corners region that has become Employment Minister attempts dependency until the one of North America's richest to articulate at least the Aboriginal leader, Noel sources of mineral wealth. beginning of a solution. Its Pearson, bit the bullet three merits and shortcomings will years ago. There are parallels The almost inevitable clash be debated vigorously. Already with the land debate. If land of these conflicting values has the Abbott suggestions, after a became tradeable, it is argued, laid bare the Navajo Nation's Cape York visit, appear Aboriginal communities would contentious relations with oil underpinned by a prerequisite be more self-reliant and and gas companies, including for dragging the Aboriginal responsible. But would they? accusations of underpayment struggle for economic for land leases and negligence independence from its bog of Native title was identified by by the government agencies despair and hopelessness. the High Court and brushing it overseeing such agreements. aside by executive edict does Progress demands Residents of gas-producing acknowledgement of the not erase its legal existence. NSW has lived with Aboriginal areas throughout the West are foolishness of persisting with following the dispute as energy past ways. Their failure is freehold land titles for years. They, too, were meant to companies seek to increase obvious to all. Innovation, drilling in environmentally and imagination, radicalism, induce self-sufficiency but mismanagement, cronyism and culturally sensitive areas in an masterful negotiations, much effort to meet the growing

11 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G demand for gas, a relatively drawing a circle around them largest gas- producing state clean-burning fuel. [Tight that says `off limits.' " after Texas. supplies have caused natural gas prices to rise nearly 15 He added that "we have the The United States percent in October.] technology that can minimize Geological Survey earlier this the impact to the surface of year more than doubled its Specifically at issue is the some places." Besides, he said, estimate of the amount of gas future of a small community a the mesa is already used as a in the basin, to 50.6 trillion few miles north of here - base for wireless transmission cubic feet, from a previous Dzilth-Na-O-Dith-Hle towers by several estimate of 21 trillion cubic (pronounced dee-zeel-NAH- communications companies. feet. Drillers have already sunk oo-dee-lee, or "Dee-zee" for "We don't believe there's any about 18,000 wells in the basin; those without a command of difference between those the New Mexico Institute of Navajo). The dispute reached a towers and our wells," he said. Mining and Technology boiling point over the summer estimates that the region could when the federal Bureau of In any case, officials at the accommodate 12,500 more Land Management accepted Farmington, N.M., office of the wells over the next two gas companies' requests to Bureau of Land Management decades, a figure in line with a allow exploration on the mesa responded to the controversy in resource management plan and on Gobernador Knob, July by indefinitely halting any approved by the Bureau of another site a few miles away leasing or drilling activities in Land Management late in that is sacred to the Navajo. the two areas - to the >September. frustration of energy companies The Navajo tribe's president, that were hoping to seize upon Despite such abundance, Joe Shirley Jr., and a Navajo the high gas prices and increase most Navajos, whether living environmental group, Diné drilling throughout the San on the reservation or on land Citizens Against Ruining Our Juan Basin. allotted by the federal Environment, resisted the government, still use firewood proposals, even though the land At stake, energy industry to heat their homes and to cook in question is not on the Navajo executives say, is the ability to their meals - they are often too reservation. Diné (pronounced expand domestic gas poor to afford gas and often, it production when supplies are dee-NEH) is the word the is not even available where Navajo often use to refer to tight. Demand for natural gas they live. This has hardened the themselves. has soared in the last 12 feelings of many among the months, with nearly every Navajo, the United States' "Because of their electricity plant built in the last largest Indian tribe with more significance to Diné life, any five years having been than 270,000 members, against desecration through oil and gas designed to be fired mainly by the energy companies. drilling on or near the two gas. mountains will have a "You can actually smell the devastating effect on Navajo As a result, gas futures gas from some wells while prices have climbed more than beliefs," Mr. Shirley said in a realizing that you can't have recent letter to the Bureau of 50 percent in the last year, to gas service for your house in Land Management, an Interior $5.547 for each 1,000 cubic the winter," said Lori Department agency. feet, and analysts said they Goodman, an organizer with expected prices to remain Diné Citizens Against Ruining Calvert Garcia, president of around that level or higher for Our Environment. "It's the the Nageezi chapter of the several years. Gas companies same as living in a colony Navajo Nation and an aide to throughout the West have where the companies get rich Mr. Shirley, was more graphic. clashed with environmentalists extracting natural resources and "It's like putting a gas well on over efforts to expand drilling the people stay poor." top of the Lincoln Memorial," on public lands, but in few he said. "The insensitivity of places have their differences These sentiments were the gas companies when it been so pronounced as in reinforced by a report in comes to our culture is hard to north-western New Mexico. August that concluded that fathom." energy companies had paid The stakes for both the private Navajo landowners Bob Gallagher, president of Navajo and the gas industry living near the reservation far the New Mexico Oil and Gas could hardly be higher. The less than others for the right to Association, said energy San Juan Basin - which build pipelines across their companies were trying to stretches over much of this part land. The report was prepared respect Navajo concerns while of New Mexico and into south- by a court-appointed also finding a way to meet the western Colorado, including investigator, Alan L. Balaran of country's energy needs. "Our areas of the Navajo Nation and Washington, as part of a class- thought process," he said, "is its fringes - accounts for about action lawsuit asserting that the let's make sure we understand 7 percent of the gas supply of Interior Department improperly these areas well before getting the United States, helping to managed mineral royalties for out a magic marker and make New Mexico the second- Indians.

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Most of the country's large fired by the Interior They also have the gas exploration and pipeline Department in September after resource rights to their companies had a role in these he told Mr. Balaran about Land and, as the owners, deals because nearly all of discrepancies in deals between have the right to them operate in the basin, Navajo landowners and energy negotiate use of the Land people involved in overseeing companies. the leasing agreements said. and its resources with In an interview, Mr. mining and other For instance, in one deal Gambrell said that Interior Companies. Can any one described in the report, a Department officials had really imagine something company that was not "trumped up" claims of along these lines identified paid private Navajo document destruction and landowners $25 to $40 for each insubordination as a way to get happening in this rod of pipeline that crossed rid of him. Country? I think not, their land - a rod measures regardless of whatever roughly 16.5 feet - while other Curtis Carey, a spokesman political party may be in landowners in the basin for the Minerals Management Government. received more than 10 times Service in Washington, also an that, $432 to $455. That Interior Department agency, Our Governments, at all company was the El Paso said, "Kevin Gambrell was levels, along with our Corporation of Houston, the dismissed for cause." Mr. Courts, also at all country's largest pipeline Carey declined to elaborate on levels are only interested the reasons for Mr. Gambrell's company, according to officials in giving partial involved in reviewing natural firing, citing privacy requirements. ownership of the gas transactions in north- Traditional Lands, an western New Mexico. Given this context, few ownership that allows A spokesman for El Paso, people expect the Navajo access for Cultural Nation and the energy Melbourne Scott, said in purposes only. response: "El Paso Corporation companies to resolve their pays Navajo allottees for differences anytime soon. The Resources arising from lawsuit against the Interior pipeline right of way based on the Land belongs to appraisal figures provided to El Department could drag on for others. Paso by the Bureau of Indian years as Navajo landowners Affairs realty office. The B.I.A. wait for better terms from The Cultural practice of realty office, under the auspices energy companies. And Dzilth- Respecting and Revering of the Department of the Na-O-Dith-Hle is likely to the Land in the pre- remain a flash point for the Interior, performs appraisals Invasion fashion is sternly difficulties that the gas which enable that agency to dismissed by the Federal determine the rate at which companies have had with the Navajo. Government Ministers individual allottees will be who have some compensated. Our company Steve Henke, field manager responsibility in this area follows the rules and guidelines of the Bureau of Land of the B.I.A." Management's office in Since 1996 the howard Mr. Balaran's report also Farmington, said, "We will not Government focus has found that a federal employee, be issuing any new leases in been to destroy all facets Anson Baker, the Bureau of these areas until we have of Land Rights in this completed a thorough Indian Affairs' chief appraiser Country. Not only current consultation with the tribe." for the Navajo region, had and future claims but destroyed documents related to Asked how long such a process could take, Mr. Henke replied, even to undo past these agreements, which successful claims. Very Navajo landowners often "On something as sensitive as firmly in their sights is the ratified with a thumb print this, as long as it takes to arrive because they could not speak, at an understanding of what's Northern Territory Land read or write English. Mr. really at stake." Rights Act, 1975. Baker, who acknowledged that Luckily for the First The Act was introduced he had erased computer files Nations People in by Gough Whitlam but it related to the Navajo payments, Canada they are was recently transferred to was Malcolm Fraser that Oregon after more than 20 recognised as having made it Law, much to the years at the Navajo office in Rights to their own horror of howard and Farmington. Traditional Lands. Like other hardliners of the the Nunavut, the Dogrib time. Howard has Another federal employee, Nation has been granted Kevin Gambrell, head of the initiated the spending of some 24,000 square Indian Minerals Office in millions of dollars to set Farmington since 1996, was kilometres of their Lands. up legal challenges to

13 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G either remove or badly reciprocated by goodwill and But an NT Government weaken the purpose of talking about land rights spokesman said the document the Act, reform," he said. had not been made public, partly to ensure the issue wasn't Part of their frustration "They're talking to the ``clouded in politics''. Northern Territory arises from the above Government. NT Resources Minister Paul article, partly also from Henderson adviser Mark the entrenched view that "I hope that in their Nelson said: ``This has been a Land given to Aborigines discussions, they're addressing massive issue for a long time in and Torres Strait the full range of issues that the Territory. Islanders is wasted as it were outlined in my discussion paper." `There's been a lot of politics becomes out of the reach played over the years with land of Capitalists who know Secrecy on land rights rights. `The Government wants how to make profits. denied to see effective changes to the legislation.'' The following articles give Northern Territory News a taste, and a foul taste Karen Michelmore But Mr Tollner said all 26 August 2003 Territorians should have a right at that, of the THE NT Government was to hear the NT Government's machinations of the yesterday forced to defend view on the issue. Federal Government’s itself against allegations its attempts. Ends submission to a Federal `I would like to know what Government review of the the NT Government is Aboriginal Land Rights Act recommending should happen was shrouded in secrecy. with an Act that effectively manages 50 per cent of the Federal Member for territory,'' Mr Tollner said. Solomon Dave Tollner has Ruddock denies accused the Territory `I'm pretty interested in withholding NT land Government of trying to cover knowing what they've decided council funds up its submission to the Federal was best for the Territory.'' Government's review of the ABC Indigenous News legislation, which protects Action urged on land February 28, 2003 Aboriginal land rights in the law FEDERAL Minister for territory. Indigenous Affairs Philip The West Australian September 11, 2003 Ruddock has denied he is The Federal Government is considering changes to the Act, withholding almost $70 million THE Northern Territory in royalties from Northern which Mr Tollner said could include the possible handing Government called on the Territory land councils. Federal Government yesterday back of the legislation to the The councils says Mr NT Government to control and to move ahead with changes to Ruddock is holding the money establish smaller, more Aboriginal land rights law. in the Aboriginal benefits numerous regional land It came as the NT account until they agree to councils. Government said it had reached endorse proposed Mr Tollner said he had asked an historic agreement with Commonwealth amendments to Aboriginal land councils and the Territory's Land Rights Federal Aboriginal Affairs Minister Philip Ruddock for a key mining figures on a series Act. of proposals to make the Land copy of the submission but was Mr Ruddock maintains the told the NT Government had Rights Act, which covers half land councils must demonstrate asked that it be kept of the territory's landmass, less they are addressing issues confidential. complex and more flexible. identified in a performance The proposals were audit, including how they NT Chief Minister Clare Martin said the document was contained in a submission that manage outcomes, outputs and has been sent to the Federal cost effectiveness. part of a Federal Government review, so it was up to Mr Government as part of its review into the Act Mr Ruddock says he will Ruddock as to whether the release the money when he is submission was made public. . One good news story to confident it will be come out of the NT is the appropriately administered. ``If Philip Ruddock thinks Dave Tollner should have a complete victory of the "I am not trying to blackmail copy then he can give it to Mirrar People in their them or anything of that nature, him,'' she said. opposition to the Jabiluka I would like to think that good uranium mine. Well done will in relation to dealing with `It's not in my jurisdiction to issues to them would be give it to him _ it's his report.''

14 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G to all involved in the 5 ERA's general manager of management with the Territory year battle. ends operations Simon Prebble said Government, 14 parks will be Rio Tinto and ERA wanted to declared Aboriginal land. Filling of Jabiluka shaft work with local communities. ends years of hostility These parks include the "It makes good social, Devils Marbles Conservation THE AGE environmental and economic Reserve, Finke Gorge National By David Hancock sense," he said. Park and the new West August 18, 2003 MacDonnell National Park near FIVE years after bitter, Before leaving the NT we Alice Springs. unsuccessful protests to stop need to look at a new the building of the Jabiluka phenomenon of the Land Traditional owners of uranium mine in the Northern Rights you are given only another six parks, including the Keep River National Park, will Territory, work began last if you agree to give the week to fill the shaft. get a different tenure - freehold Land back to the title to the land with a similar Energy Resources of Government. This 99-year leaseback arrangement Australia, holders of the lease happened some years if they agree to the deal. in Kakadu National Park and back to the Dhungutti operator of the nearby Ranger People when the NSW Another 12 parks, including the Alice Springs Telegraph Uranium Mine, conceded it Government in 1997 was unable to move the 50,000 Station historical reserve and tonnes of uranium ore agreed to hand Land Litchfield National Park, will stockpiled at Jabiluka because back at Crescent Head, not change tenure, but will be traditional owners, the Mirrar, NSW on the condition the jointly managed by the would not let the company Traditional owners, after Territory Government and build a road to the mill at some 2 hours, then traditional owners. Ranger, 30 kilometres away. handed the Land back to Kakadu and Uluru, which The Mirrar were concerned the Government. The are jointly owned and managed catastrophic events would Government then on-sold by Aborigines under occur if the mine disturbed the the Land to Developers. agreements with the Federal Boyweg (knob-tail gecko) The People got the Government, are not included. sacred site. money. There is such deep distrust of the Northern Territory The biggest environmental Strange Land Rights Government through past campaign since the Franklin indeed! For some dealings during the Country River blockade in Tasmania in unknown reason, ATSIC Liberal Party's years in office the 1980s ended last week. that no attempt would be made More than 5000 people helped agrees with the New Deal. ends to approach the traditional the Aboriginal clan of 26 fight owners there, Ms Martin said. the company, which had been Aborigines offered The Territory Government backed by the Federal and equal role in park Northern Territory created the new framework for governments. management national parks after the High The Sydney Morning Herald Court's Ward decision on When the mine was built and By Debra Jopson native title. This decision the protesters had moved on, September 20, 2003 meant that virtually all of its the Mirrar remained steadfast, THE Northern Territory national parks were likely to despite big financial incentives Government will introduce have been invalidly declared, to change their minds. In radical legislation making while 11 were open to claim August 2000, Rio Tinto management of its national under the Territory's acquired 68.5 per cent of ERA parks with Aboriginal people Aboriginal Land Rights Act, after it took over parent "the norm". she said. company North. The Northern Territory Chief It was a better alternative "Since then they have been Minister, Clare Martin, said than engaging in litigation and really good and started yesterday that the bill disputation that "would have listening," Mirrar leader recognised, for the first time, delayed economic development Yvonne Margarula said. "In the the Territory's objective of opportunities and maintained beginning, we thought that maintaining and promoting uncertainty over our parks nobody really believed what Aboriginal values alongside the system". we were saying. Now, it's a values of the natural really wonderful feeling for me environment. The legislation Under the bill, the national to have the mining company will be introduced next month. parks will be handed to the believe in what we say and that traditional owners only if they we are not telling lies," she If traditional owners agree to agree before July 31 next year said. a 99-year leaseback to withdraw any land claims or arrangement and joint native title claims in exchange

15 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G for the leaseback and joint ATSIC's Central Zone They were rebuffed and management deal. The parks commissioner Alison Anderson returned with the Force in are to remain accessible to all says negotiated settlements are March, 1980. police visitors, who will not have to a better alternative to stalled continued to provide get permits or pay fees to enter court action. protection for CRA and its them. "There's time to develop a drilling crews and drilling The Central and Northern partnership with both the began on 30 August, Land Councils, which helped Northern Territory Government 1980. negotiate the deal, welcomed and the land councils so that the announcement. The we've got government and peak No oil was ever found chairman of the Northern Land bodies in the Northern and CRA slunk away but Council, Galarrwuy Territory actually working not before earning for Yunupingu, said he was together to get the best possible themselves and the Court pleased there was a specific outcome for Territorians and Government the commitment to Aboriginal jobs Indigenous people," she said. condemnation of the and economic development in the deal, which is based on the Moving to the Kimberly United Nations, among successful joint management Region of Western others. Australia we also must as by the Jawoyn people of No Ownership Rights Nitmiluk National Park, near a matter of historical then and none now. ends Katherine. significance return to the The director of the Central force and fiasco that was Native title issues set to Land Council, David Ross, said Noonkanbah in 1979- dominate KLC there were still some 1980. A brief history is in celebrations order. unresolved issues and it would http://www.abc.net.au/news/newsit be up to traditional owners to In 1971 the Walmatjarri ems/s941795.htm make their own decisions about Tuesday, September 9, 2003 whether to accept the package. and the Nyikina Peoples THE future of land rights in walked off Noonkanbah Ms Martin said the new park Western Australia will be the Station because of ill- focus of a big gathering of set-up would boost the treatment and moved to Northern Territory as "one of Indigenous leaders near the world's last truly remote Fitzroy Crossing. In 1976 Kununurra in the State's north- nature-based tourism the Station was bought west today. destinations". The West by the Aboriginal Land About 500 people are Macdonnell National Park, for Fund Commission and expected to attend the example, had the potential to given to the Yangngara anniversary celebrations of the be one of the great scenic and Community. In 1977-78 Kimberley Land Council cultural destinations in the some 500 mineral claims (KLC). world. were pegged and in May It has been 25 years since ATSIC happy with 1978 the Community activists began the fight to win changes to parks' learnt that a road was to back land and protect sacred management structure be bulldozed through a sites by setting up the sacred area. A Kimberley Land Council. http://www.abc.net.au/news/newsit ems confrontation occurred Today Indigenous interests ATSIC says a proposal by and the Community hold a third of the Kimberley's the Territory Government to asked the Aboriginal pastoral leases and 14 per cent change the management Legal Service to stop of the region is made up of structure of some Territory further exploration. Aboriginal reserves. But it is parks will save millions of the lack of progress on native dollars in court costs. The Community lost the title which looks set to subsequent Court case dominate this week's The Government is but miners were forced to celebrations at Wuggubun. proposing legislation to enable operate under the WA traditional owners and the ”I think the broader Government to become Heritage Act,1972 (WA). Australian community, if this involved in the joint In the meantime CRA goes on for another 10 years, management of some national wanted to drill for oil. are going to be extremely parks. After failed negotiations frustrated," KLC director CRA then attempted to Wayne Bergmann said. The bill has been developed in response to a High Court enter the Land on 15 Since Mabo, there have been decision last year, which left June, 1979. only five native title land rights claims over 11 determinations in the Territory parks.

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Kimberley, leaving more than "If you mention to any attention from passing traffic 20 claims unresolved government now that we are and instilled a sense of pride going to go back to among young people. Noonkanbah battle Noonkanbah days, they don't recalled want to hear it," Mr Watson The founding members of the KLC and previous chairs The West Australian said. "I think we have to do that in some cases if the were valuable mentors to the By Charlie Wilson-Clark organisation. September 13, 2003 government doesn't come good." Energies were now KIMBERLEY Aboriginals Some would say tough talk employed in running 27 native involved in the violent title claims in the region, five confrontation at Noonkanbah and tough politics have never been off the agenda for the of which were before the more than 20 years ago believe Federal courts. it could be time to protest KLC, who have nurtured some again. of the country's better known The current State Aboriginal leaders including Government had overseen John Watson, Joe Brown and brothers Pat and Mick Dodson determinations of native title Ivan McPhee were on the and long-time director Peter for the Tjurabalan and picket line in the battle with Yu. Karajarri people while Amax mining company, who "We are not radicals," Mr traditional owners of Purnululu wanted to drill for oil on sacred had been recognised. "There sites at the Aboriginal-run Watson insists. "We are trying to work with people - it is our has been goodwill but the cattle station. funding has become critical," right to see justice for our lands Then premier Sir Charles in the way it has been handed Mr Birch said. Court defended the drilling and down to us." On the final day Mr McPhee, a former used police to break the of celebrations this week at chairman and the youngest blockade in defence of Wuggubun, 55km south of member of the founding development. What formed Kununurra, the KLC presented executive, said he was from the highly publicised a statement to Premier Geoff heartened by a visit to event were the foundations of Gallop's representative, Wuggubun from National an organisation which Kimberley MLA Carol Martin, Native Title Tribunal deputy celebrated its 25th year in the which set out the concerns of president Fred Chaney. Kimberley this week. traditional landowners today. The Nyoongars of the Mr Watson, a Nyikina Health, education and future South-West of Western Mangala man, said opportunities for youth were Australia then began a Noonkanbah was where the highlighted and the KLC called Kimberley Land Council began on the State Government to huge and united, mostly, and, although the drilling went agree to a regional framework Land claim covering ahead, a more important stand which would get results. thousands of square was made. kilometres of Traditional Executive director Wayne Lands. "We got dragged away by Bergmann said government about 400 police who moved departments and the Aboriginal people out of the road," he said. and Torres Strait Islander Move welcomed to settle "Some of us got chucked in Commission had failed and native title cases away jail, to the lockup, they took us problems facing Aboriginals from Federal Court to Fitzroy Crossing. had worsened. ABC Indigenous News February 28, 2003 "The mining company had "These regional settlements A key native title their way with the help of the need to address the land justice stakeholder has welcomed the police and the State and heritage issues, Western Australia government, that time was governance, economic Government's move to settle Charlie Court. development, our quality of life claims in the state's south-west and services and how we can "I wanted to stop them region before they enter the heal our families and our because it was our people and Federal Court. The South- people," he said. we didn't want it disturbed. Our West Land and Sea Council heritage has been handed down Ms Martin said she would says it is happy to join from people to people - that is support the statement and proposed mediation to settle what we are trying to look ensure it was taken to Cabinet. Noongar claims over the after." region. KLC chairman Tom Birch The council's Darryl Pearce Amax never found oil at said the Wuggubun event had agrees with Deputy Premier Noonkanbah, but the founding restored the vitality of the Eric Ripper that negotiations members believe the moment organisation. A convoy of are better than a protracted of protest was pivotal in uniting decorated vehicles travelling Federal Court case. However, traditional landowners. from Broome attracted Mr Pearce says the State

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Government must understand obviously there's not a lot of native title cannot be granted they are only willing to native title areas still in over privately owned land, negotiate one claim over the existence, but certainly where it national parks and most reserve whole region. is we're reasonably confident land. "But I think more that Nyoongars are able to Native title could be proven importantly that the prove it," he said. Government has to over a small portion of the acknowledge that the claims Nyoongars hail unified region consisting of themselves won't be seen as stand unallocated crown land, single separate entities, but Aboriginal reserves, pastoral The West Australian and agricultural leases. there will just a united front September 8, 2003 from the Noongars representing SOUTH-WEST Aboriginals But SWALSC chief all Noongar people," he said. have shaken off a reputation for executive Darryl Pearce insists Ends division and dispute to stand the impetus for the claim exists together on a single land claim outside the strict parameters of The Traditional owners of covering the entire region. native title legislation and Land that holds the Ludlow includes the development of tuart forest are protesting The eight-month process of memorandums of mining in the area, especially consulting with land claimants understanding, procedures for where a massacre of some 300 for the existing six claims in consulting over heritage issues Aborigines happened back in the South-West will culminate and efforts to improve social 1841. the WA Government is in the lodgement of a single disadvantages including health, Nyoongar claim with the investigating the information education and employment. Federal Court this week. WA Govt casts doubt "We are trying to make sure over native title claim Just two families have the community feels very elected to stay outside the positive about being recognised http://www.abc.net.au/news/newsit process and will continue to as traditional owners of ems/s941870.htm push for their own claims. THE Western Australian country," he said. Government says a decision by But with 218 Nyoongar "We are already seeing the Nyoongar people to lodge a families signed on, talks have growth in people feeling self- begun to establish a regional single claim over a large area assured and confident - so they of the state will not be enough authority for the area don't feel like strangers on their to win them the recognition representing the interests of own land." they want. Aboriginals on a range of issues. Mr Pearce said a series of The South-West Aboriginal 250 family meetings across the Land and Sea Council says six Stretching from Perth to region would form the most claims across the south-west Jurien Bay in the north, past intensive face-to-face region, including the Perth Merredin in the east and south consultation undertaken in metropolitan area, will past Hopetoun, the single claim Australia and authorise brings together 27,000 culminate in the lodgement of a claimants to represent their single claim with the Federal Nyoongars as a single cultural families in land and heritage Court tomorrow. bloc. issues. A spokesman for Deputy Claimant Richard Walley People who had never been Premier Eric Ripper says recent said Nyoongars had been involved in native title claims decisions in the High Court unfairly tagged as a divided before were coming forward as mean it is highly unlikely group when they always agreed appropriate representatives and native title will be granted in on fundamental principles. self-interested renegade the south-west. "The first thing we agree on claimants were being forced to The spokesman says the is we are Nyoongars and the seek authority from their Government is looking at other next thing we agree on is we families. ways the Nyoongar people's have a connection to the land," Genealogy records had also link to the land can be he said. "Land is a big issue, been updated creating a recognised. The Land and Sea land gives you a sense of database, which can now be Council's chief executive, belonging and that is traced back to a group of 150 Darryl Pearce, agrees most of something we have always had ancestors at the time of a very spiritual sense of - not in the peoples' land cannot be colonisation. claimed, but some can. a so-called Western legal sense." MOUs were already signed "From our perspective we're with the WA Local very confident that the The South-West Aboriginal Government Association and Nyoongar people can prove Land and Sea Council, which is Conservation and Land native title where it still funded by the Federal Management. Others were remains in the south-west, Government, will lodge the being developed with the claim in the full knowledge

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Department of Indigenous Bones make mine site men, women and children in Affairs, the Office of sacred: elder the tuart forest. He said it was Aboriginal Economic not known where the murdered Development and the The West Australian bodies were disposed of but it Indigenous Land Council. October 14, 2003 was likely their bones were By Eloise Dortch strewn across a wide area. The REMAINS of hundreds of Aboriginal and Torres Strait site was sacred and should be Aboriginals murdered by Islander Commission South- protected. West commissioner Farley settlers in an 1841 massacre are Garlett said the process had likely to be disturbed if Cable Mr Kobelke said no given Nyoongar people a Sands mines in the Ludlow evidence had been presented vision for the future. He tuart forest north of Busselton, that Aboriginal heritage sites expected the claim would be a South-West elder claims. would be disturbed by the replicated across the country. mine. "If people do have real Bill Webb, 51, a Wardandi evidence of Aboriginal heritage from the Busselton area, has Discussions had started to sites, in that mining area, they written to Indigenous Affairs establish a regional authority need to come forward to the Minister John Kobelke on the back of the claim. appropriate authorities," he claiming the mineral sands said. DIA director-general company failed to consult Richard Curry has supported properly with Aboriginals. An Indigenous Affairs the move. He said yesterday Department spokeswoman said Mr Webb, of Yallingup's SWALSC had done a good job anyone with heritage concerns of bringing the community Wardan Aboriginal Cultural should write to the registrar of Centre, also claims there are at together for a single purpose. Aboriginal sites least three scar trees within the "Two years ago this tenement. Elders in mine site discussion was not happening, that is the encouraging part of Scar trees, which bear marks claims it for me," he said. where implements such as The West Australian spears and shields were cut, October 24, 2003 National Native Title usually are regarded as By Cian Manton Tribunal deputy president Fred Aboriginal heritage sites and SOUTH-WEST Aboriginal Chaney has also enthused need a Section 18 clearance elders presented the about the claim, calling it an under the Aboriginal Heritage Government yesterday with "historic effort by Nyoongar Act, which, so far, has not been what they claim is solid people to reach a united required for the mine. Last evidence Cable Sands mining position after a long history of month, Environment Minister in the Ludlow tuart forest will dispersal and dispossession". Judy Edwards approved the disturb sacred sites. mine despite opposition from Deputy Premier Eric Ripper, It includes a map and sketch green groups. who is responsible for native of a corroboree site in the title, has been hesitant to According to the Indigenous forest north of Busselton which comment on the claim until it is Affairs Department, Mr Webb, was done by anthropologist officially lodged. his mother Vilma Webb and Francois Peron, who was part "But I think more aunt Frances Gillespie were not of an 1801 expedition led by importantly that the among nine Aboriginal people French explorer Nicholas Government has to interviewed for a heritage Baudin. report compiled by consultant acknowledge that the claims Wayne Webb, a Wardandi McDonald, Hales and themselves won't be seen as who now lives in Walpole, said single separate entities, but Associates for Cable Sands in September 2001. the site had been used for there will just a united front initiations and marriages and from the Noongars representing Based on a physical survey, other significant occasions. all Noongar people," he said. archival research and interviews with the Isaac and "These grounds would have The Traditional owners of been used for thousands and Land that holds the Harris families, the report found no Aboriginal sites thousands of years and had thousands of people turning up Ludlow tuart forest are within the tenement but warned protesting mining in the skeletal remains might be there each year for the area, especially where a unearthed during mine works. ceremonies," he said. There massacre of some 300 were also scar trees, which are Aborigines happened Mr Webb said that in 1841, usually regarded as Aboriginal his grandmother had been tied heritage sites, in the affected back in 1841. the WA up at nearby Wonnerup House forest area. Government is while settlers, avenging the investigating the death of George Layman, who Last month, Environment information. ends was speared by the warrior Minister Judy Edwards Gaywal, massacred up to 300

19 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G approved the mine despite kilometres south of Port meant they could look after opposition from green groups. Hedland. their country and culture. A previous heritage report Pastoralists and mining "It's a good outcome for all commissioned by the mineral companies and all levels of Aboriginal people in WA who sands company found no government have been fight and put their law and Aboriginal sites within the encouraged to apply to the culture in front of everything tenement but warned skeletal Federal Court to become a and it's a great victory for remains might be unearthed party to the claim. Native Title Aboriginal people," Mr Daniel during the mining. If any Tribunal spokesman Andrew said. remains are found mining will Jaggers says mediation is the be stopped. first step in the claim process. The Wong-Goo-tt-oo group did not succeed in its bid for The Webb, Harris and Isaac "Those talks are aimed at exclusive rights but was families are calling for another trying to see if there's a entitled to native title over the survey. resolution, if people's interests area as part of the Ngarluma- can be accommodated and if Yindjibarndi people. Indigenous Affairs Minister there can be agreements in John Kobelke said: "There has place that recognise the Wong-Goo-tt-oo elder been studies done, consultation Yindjibarndi people and also Wilfred Hicks predicted there with members of the Nyoongar recognise the interests of other would be some disputes community who claim they are people," he said. between the groups. people who have connection to that land . . . and there is no Traditional owners win One project has been started on the Burrup since the evidence of any heritage sites Pilbara fight in the area to be affected by the agreement with the State was mineral sands mining. It was The West Australian signed - the $630 million up to the families to provide Cian Manton Burrup Fertilisers project. THE newly recognised details. “I will certainly not Deputy Premier Eric Ripper have any sympathy for people traditional owners of a big area of the Pilbara are free to camp, said that under Commonwealth who make claims to use it for law, claimants had the legal other purposes and are really hunt, fish and protect their heritage after an eight- year right to negotiate while abusing what is a very awaiting a court decision. important process to protect legal battle ended yesterday. Aboriginal heritage," he said. The Federal Court found the "It was unpredictable as to when the court would reach its It is understood he met the Ngarluma-Yindjibarndi people held non- exclusive native title final determination and in the families yesterday and told meantime there were them the evidence would be over more than 20,000sq km surrounding Karratha and developments that required investigated by the Department certainty of access to that of Indigenous Affairs. Roebourne but excluding the Burrup Peninsula. land," he said. The families have also sent a It found two other claimant Shadow resource site registration claim to the development minister Norman Indigenous Affairs Department. groups - the Yaburara- Mardudhunera people and the Moore said the decision Before leaving a very Wong-Goo-tt-oo group - did demonstrated a fundamental flaw in native title procedure. busy WA, we need to not have native title rights over the area. He said there should be a look at the claim in the provision that if native title was Pilbara and the But in January the WA found not to exist, any Mining/Industrial Government signed a $15.6 compensation should not be operations in this area. million agreement with the payable. three claimants to smooth the Interested parties urged way for the $5 billion Chamber of Minerals and to register for development of the Burrup. Energy chief executive Tim mediation Shanahan said the http://www.abc.net.au/news/n The State Opposition Government's actions were ewsitems yesterday accused the understandable in light of the Government of acting significant commercial PEOPLE with an interest in prematurely and handing over pressures to secure an a native title claim in the taxpayers' money to groups agreement. Pilbara, in Western Australia's which had been found to have north-west, are being asked to no ownership over the Burrup. Mr Shanahan said the register for mediation talks. decision was another Ngarluma-Yindjibarndi contribution to emerging The Yindjibarndi people are spokesman David Daniel said definition of native title in seeking recognition of outside the court that Justice Australia. traditional rights over a 3,000 Robert Nicholson's decision square kilometre area, 160

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The Pastoralists and Graziers inhabitants of Australia before Yet, here we are 10 years Association said the decision European settlement. later, having to face the fact set important precedents for They have been that native title hasn't and won't mining, pastoral and water progressively dispossessed of change anything much at all security issues previously their lands. This dispossession unless we start to see it for clouded by native title. occurred largely without what it is and always was - just compensation, and successive one piece of the jigsaw of Before we move to governments have failed to putting things right for Tasmania, return to reach a lasting and equitable Indigenous Australians. Victoria and travel to agreement with Aboriginal Let me answer the question where the excitement peoples and Torres Strait about what family violence has began, the Torres Strait Islanders concerning the use of to do with native title very Islands, we need to look their lands. bluntly by expressing the harsh at some further views of It goes on to refer to the reality that just because an the absolute mess that High Court's Mabo Decision Aboriginal woman is being and the overturning of the myth bashed on her traditional land has now been made of of terra nullius. And then it will not make the ground any Land Rights today. Jackie shifts from the language of softer when her head hits it. raises issues that may fact, into a promising language Good governance provides just help in completing of intent: the link between all these other the Social Justice jigsaw. The people of Australia issues, all these other priorities ends intend: and concerns that can make to rectify the consequences native title really mean Indigenous good of past injustices by the special something to people in governance begins with measures contained in this Act, communities. communities and announced at the introduction If we are truly committed to institutions. of this Act into the Parliament, the notion of self- or agreed on by the Parliament determination, we cannot begin By Jackie Huggins from time to time, for securing to pursue it without instruments Monday, October 13, 2003 the adequate advancement and of governance. WE have reached a pivotal protection of Aboriginal If we do not have these time in Indigenous affairs when peoples and Torres Strait structures, we cannot engage for the first time, national Islanders; and with government other than on attention is being paid to the an ad hoc, individual basis that horror of Indigenous family • to ensure that leaves us vulnerable. We violence in this country. Aboriginal peoples cannot engage in partnerships For the first time, an and Torres Strait with business, we cannot Australian Prime Minister has Islanders receive the benefit from the essential held a summit in the national full recognition and nature of our communal capital to listen to concerns and status within the identity as Indigenous people. ideas on this issue from a group Australian nation to If we want to acquire native of Indigenous leaders. which history, their title and manage it for the For the first time, we are prior rights and benefit of our communities, reading editorials about the interests, and their this cannot be achieved without suffering of Indigenous women rich and diverse effective governance both and children in our newspapers. culture, fully entitle during the process of For the first time, perhaps we them to aspire. " acquisition and once the native have a chance to do something title is acquired. solid, sensible, sensitive and We can't possible hope to coordinated to stop the No wonder we were excited. negotiate a treaty or any other violence that is destroying our No wonder we imagined that form of meaningful national communities. the return of our traditional agreement if we don't have So what does all this have to lands, and all that that righting governance structures that do with the fundamental issue of a great wrong represented, legitimise our side of the of native title? would turn things around for negotiation. What does it have to do with us. Researchers involved in the Indigenous governance? And on that basis native title Harvard Project on American To answer these questions, became somewhat of a sacred Indian Economic Development let me go back to the preamble cow, an area of Indigenous started out, some 15 years ago to the Native Title Act of 1993. affairs that took on an almost now, with assumptions about It begins: religious status for those what might work and what The people whose involved at all levels and on all mightn't in the governance of descendants are now known as sides of the debate. Indigenous communities. Aboriginal peoples and Torres This was big! What is fundamental about Strait Islanders were the This could change the Harvard research is that its everything. findings are counterintuitive.

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They defy all assumptions there is so much attention being Jackie Huggins is Deputy about the foundation of good paid to Aboriginal Director of the Aboriginal and governance, in particular the organisations being Torres Strait Islander Research assumption that if communities dysfunctional, when there is so Unit at the University of have access to viable much soul searching going on Queensland and co-chair of economies, if they occupy land among the Indigenous Reconciliation Australia . with a strong resource base, if leadership about the they have relationships with responsibility and legitimacy of An overseas view that is mining companies and access that leadership. also prevalent at times to royalties, they surely have Its central focus is to work here in Australia, all the incentive they need to with Indigenous organisations concerns the Rights of become healthy communities. and communities and, where Traditional Owners over What the research has found appropriate, with governments the Green or is that communities with to imbed Indigenous Environment Movement. immediate access to those governance as a coordinated, Does the greater good or kinds of resources and supports bipartisan, national strategy need of Society outweigh actually fall over more often beyond the electoral cycle that than communities that analyse sees policies come and go. that of the Traditional their cultural base and build Our hope is that in the first Owners? Wildlife governance structures upon that five years, we can build up a Conservationist Richard base. body of work that demonstrates Leakey believes it does. I Communities that make a the value of working with disagree but it is a debate conscious decision to go back communities on their own that will continue to come to the beginning and explore terms and over time to generate to the fore from time to where their institutions are out sustainable improvements for time. of sync with their cultures - not Indigenous people. only traditional culture but the We would hope to prove that Land first: day-to-day culture of how the good governance leads to conservationist angers community actually operates - significantly improved indigenous groups are the ones that prosper over prospects for economic the long term. independence. And also to The Sydney Morning Herald The direct relevance of this make it clear that the equation By Rory Carrol in Johannesburg research to native title could doesn't necessarily work in September 13, 2003 hardly be clearer. reverse - economic THE wildlife conservationist For too long, we've operated independence, with or without Richard Leakey has stirred up on the assumption that if native title, doesn't necessarily controversy at an environment you've got native title, your lead to good governance. congress by saying community is going to be OK. We need to be prepared to conservation has to come But what we've been seeing recognise where native title fits before the rights of indigenous over the years is that in the jigsaw of reconciliation people. organisations, including native and Indigenous affairs. We Protected nature areas were title representative bodies and need to recognise where we too important to be communities themselves, who have not lived up to the "subjugated" to people have had the responsibility of promise of the Act. complaining of eviction from managing benefits associated We need to face up to a ancestral lands in the name of with native title simply haven't failure of imagination and biodiversity, Dr Leakey said at had the capacity to do it competence. the World Parks Congress in effectively for the benefit of the It is not yet a lost Durban on Thursday. people. opportunity but it's an The caution we have to make opportunity in the process of Indigenous people deserved about the Harvard work, is that being lost. compensation, but to let them while the research holds To rescue it and start manage the parks where they important lessons and parallels realising this opportunity for once lived risked unravelling for Australia, for us to think we what it is, native title must be environmental and economic can import it outright would be liberated from the constraints gains, he said. inappropriate and lazy. imposed by legal technicalities Indigenous groups reacted Which is why Reconciliation so that we can take advantage with anger, saying his views Australia is coordinating a of the culture of negotiation it were out of step with efforts to groundbreaking project with created. redress historical injustices BHP Billiton to identify and borne by ethnic groups such as promote all the different This is an extract from a the Twa and San. aspects that constitute good speech given to the 10th Indigenous governance in Annual Cultural Heritage and "Leakey's taking us back to Australia. Native Title Conference, held the colonial era," said Edward This project has particular in Brisbane on 30 September Porokwa, of Tanzania's Masai. resonance at the moment when 2003.

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About 2500 mostly for subsistence instead "We have no problem at all environmentalists are at the of commercial uses." with the general community, I congress. Gonzalo Oviedo, of think the community and the World Conservation Union, Ms Carino cited the example especially the youth as they're said Dr Leakey's words were a of nomadic groups living in growing up are becoming far deserts, who stayed on the step backwards in the effort to more broad minded," he said. balance conservation with move to avoid exhausting an people's rights. area's resources. "They're far more conciliatory, they accept But Dr Leakey said that The caucus has also difference much easier, I think though colonisation had been a expressed concern about our problem again is going to disaster, "long before people mining groups wanting to be the Legislative Council." there was nature, long before operate in protected areas, people there was climate which include national parks Whilst the Yorta Yorta and World Heritage sites change, long before people claim was being forced there were mass extinctions. Of The Jim Bacon into a 10 year legal battle, course [there] should be Government in another claim was made compensation for losing land, Tasmania, thankfully, are by the Wotjobaluk but these parks belong to the Peoples. The claim was world". more receptive to recognising the claims of for non-exclusive Title, Delegates from more than the Tasmanian and no ownership of the 170 countries are discussing Aborigines. Perversely Lands resources. This how to safeguard the world's however, the Tasmanian made it much more 100,000 environmentally Legislative Council is not favoured by the Victorian protected sites and the and continues to frustrate Government. Tragically, conditions of people living in farmers, sporting these areas. Some 150 the wishes of the Lower shooters, beekeepers indigenous groups, including House. ends the Coica in the Amazon in were hesitant about South America, the San people Tasmanian Indigenous supporting the claim. from Botswana's Kalahari centre welcomes land The role of the Federal game reserve and the Katu transfer proposal Government was to be from a national park in http://www.abc.net.au/news/newsit expected. Flush with the Indonesia, are united by a ems/s952257.htm Yorta Yorta loss, their caucus that is using the 10-day THE Tasmanian Aboriginal input was NO, NO, A > congress to plead for free Centre says the Indigenous THOUSAND TIMES NO!. access and control over the community will welcome the ends natural resources of their State Government's moves ancestral homes. towards reconciliation Threat to historic native At the beginning of the event announced in Premier Jim title deal the Indigenous Peoples Caucus Bacon's State of the State speech this afternoon. THE AGE requested special attention for By Fergus Shiel their "expulsion and exclusion" Mr Bacon told the state Law Reporter from protected areas. Parliament he will again push October 15, 2003 VICTORIA'S historic in- A spokeswoman, Joji for land transfer to the Aboriginal community, despite principle native title agreement Carino, said the management with the Wotjobaluk people is system of indigenous peoples the Legislative Council defeating previous attempts likely to founder because of differed drastically from Commonwealth opposition. Western ideas, but had a back in 2001. proven record of sustaining the Mr Bacon also announced a The Commonwealth has environment. review of laws affecting signalled privately that it intends to oppose ratification of "The Western concept of Indigenous cultural practices such as fishing and hunting. the deal in the Federal Court. protected areas is that if The ratification would have led humans use the resource, they The president of the Tasmanian Aboriginal Centre, Phillip to the first native title destroy it. But indigenous areas settlement south of the Murray. are still the best preserved areas Beeton, says while the because they use their announcements give heart to The claim to non-exclusive resources well. the Indigenous community, native title rights to hunt, camp time will tell if they result in and fish centred on the “We depend on it for our change. Mr Beeton says the Wimmera River region is now survival, which means there is main obstacle to the changes is likely either to go to trial or to a requirement that we have to not likely to be the wider be abandoned. protect our resources. We use it community but the state's Upper House. Should the Wotjobaluk drop their claim, sources close to the

23 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G case have indicated they could Commonwealth and key figures such as Eddie Mabo, seek a non-native title deal with respondents including farmers, James Rice, Father Dave Passi, the State Government sporting shooters and Sam Passi and Celuia Salee and recognising their status as beekeepers and must be ratified their families were thanked for traditional owners and granting by the Federal Court. their efforts, which had brought them compensation and certain about native title. land use rights. And The Age has been informed that a Commonwealth "It is now our duty to defend But Victorian Attorney- solicitor wrote to the other what these people achieved for General Rob Hulls said parties last month, stating that us," Mrs Mau said. yesterday that the Bracks the Government did not believe Government still supported the the evidence was of sufficient The people of Erub, Ugar, in-principle agreement. And he weight to support a consent Yam, Boigu and Badu were warned that if the determination of native title now at the centre of the struggle for native title. Commonwealth blocked the We return from whence it deal, as now seemed likely, it "Fourteen islands have risked being bogged down in began, at least as far as gained native title litigation the High Court was determinations in the Torres concerned. "I have and will continue to Strait since 1992, yet all of those communities are now urge the Federal Government The Federal Government faced with uncertainty as to the to support the Wotjobaluk appears to be much more people and recognise their strength of their native title relaxed with the claims of once the Federal Court decides special affinity with their land," the Torres Strait Mr Hulls said. on public works," Mrs Mau Islanders than the said. Federal Attorney-General Aborigines of mainland Philip Ruddock said mediation She said Torres Strait Australia, including communities should have the of the claim was continuing Tasmania of course. and the Commonwealth right to say yes or no to continued to negotiate in good No gold, no oil, nothing development without fear of losing their land. faith. much of value. These But Mr Ruddock said it remain with the Partial win for Torres would have to be dealt with Queensland and Federal Strait Islanders Government. No worries, within the framework of settled TORRES STRAIT REGIONAL law, a clear reference to the let’s look good to the AUTHORITY High Court's Yorta Yorta International Bodies while www.tsra.gov.au ruling and a signal Canberra we lock up the rest. does not believe there is 14 October 2003 sufficient evidence to legally The ‘Swiss Cheese’ TORRES Strait Islanders are establish native title. decision by the pleased with a partial win in Queensland Federal the decision of the Full Federal The in-principle settlement Court has, however, Court in the matter of Erubam reached by the Bracks Le v State of Queensland. Government with the caused more problems Wotjobaluk people last year than it attempted to The decision has vindicated was the first of its kind. It settle. the Torres Strait's argument promised them non-exclusive that public works built after 23 native title rights to hunt, Native title struggle not December 1996 have not gather fish and camp along the over, Torres Strait extinguished their native title Wimmera River and covered leader warns rights in land. an area roughly equivalent to AAP Torres Strait Regional 15 per cent of the state. BRISBANE Authority (TSRA) Chairperson, It guaranteed recognition in MABO Day celebrations in Mr Terry Waia said he an area relating to about 30 per the Torres Strait off far north expected that traditional cent of their original claim, Queensland were a reminder owners would be relieved with including an advisory role in the struggle for native title was the Court's ruling for works managing national parks and far from over, a community built after December 1996, other Crown lands. And it leader said. however that they would be disappointed with the finding promised freehold title to 45 Margaret Mau, deputy of the Court that works built hectares of land, with which chairwoman of the Torres before 23 December 1996 (the the Wotjobaluk people had a Strait Regional Authority, said date of the WIK decision) cultural and historic native title was at the extinguishes native title. connection. crossroads 10 years after the But the agreement has still Native Title Act was Mr Waia said that he was be to approved by the introduced. She said every year very pleased that major

24 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G infrastructure projects 'Swiss cheese'-style Regional Authority, Terry undertaken since December native title ruling Waia. 1996, and all current public works projects, would not AM - Wednesday, 15 October , TERRY WAIA: The Torres extinguish native title but 2003 Strait traditional owner will be Reporter: Louise Willis unfairly affected by the recognised that Torres Strait LINDA MOTTRAM: "Swiss traditional owners would still decision because they wanted it cheese" is the term being used be unfairly affected by the all, not to extinguish native title to describe the effect of a decision. at all. But I'm pleased with part ruling in a new test case on of the decision because from "It's reassuring to know that native title. The case involves here on any new infrastructure infrastructure and housing seven tiny islands in the Torres that will be built will not being built now does not Strait. extinguish native title, and if extinguish native title, however there is a hospital, new hospital The Full Bench of the it's an enormous blow to or new community centre need Federal Court has ruled that traditional owners whose to be built, and knowing that it publicly funded infrastructure homes were built before 23 won't extinguish native built before 1996 extinguishes December 1996 and as a result >title, the traditional owner will native title, while works built have lost their native title," he say yes to it anyway. after that date do not. The said. effect in this particular case is LOUISE WILLIS: Terry "It will now be up to the on Darnley Island where native Waia. State to identify all those areas title exists on one section of The Islands' traditional of land where works were land, while it doesn't on constructed before 23 another section virtually next owners are now expected to December 1996 and this is door. resume discussions with the bound to be a difficult and Queensland Government over Authorities say the case has expensive exercise. "In my the native title determinations, national implications. opinion, any extinguishment of while other State and Territories investigate the native title by public works on Louise Willis reports. Torres Strait Islander land is implications of the decision. LOUISE WILLIS: The unacceptable. It's the first legal test in this Federal Court may have area of the Federal "Torres Strait people have cleared up once and for all the Government's Native Title Act, fought long and hard to be issue of whether public works and academics say it's held up recognised as traditional extinguishes native title, but to to the scrutiny. landowners and this mixed some the outcome appears outcome goes to prove that more confusing than ever. But the "Swiss cheese"-style current native title legislation outcome has James Cook GRAEME NEATE: People cannot deliver the very University's Native Title talk about a Swiss cheese look recognition it was meant to Professor, Craig Jones, to these determinations. There uphold. questioning the role of the are bits of land were native title courts in these types of "The TSRA and the people exists and other parcels that determinations. of the Torres Strait will now be have been cut out of it. applying pressure on the CRAIG JONES: In a sense, LOUISE WILLIS: Graeme Queensland Government to taking broader legal questions Neate from the National Native come up with a political away from the local Title Tribunal. solution that will result in full community, is perhaps a step recognition of our native title Applications for native title backwards. So in may view I rights. determinations on the seven think negotiation will always "It has been a draining and Torres Strait Islands went off to get people a lot further than counter-productive legal battle the Federal Court last year, sending matters to court for to resolve a matter that should when the Queensland decisions about law. Government and Islanders have never progressed this far. LINDA MOTTRAM: Craig disagreed on whether the "The Federal Court has handed Jones, from James Cook building of public down a very complex University. Louise Willis infrastructure would extinguish judgement which is in the reporting. process of being interpreted by native title. our lawyers. Not wanting to threaten their When Prime Minister, entitlements, the community of Paul Keating fought to "Traditional owners will be have the Native Title Act advised of the full outcome as Darnley Island halted all public soon as possible and their works. Those can now restart, (1993) made Law, he consultation will be vitally but the Court's decision hasn't also set up a Fund to buy important in determining how entirely impressed the Land for those who would we move on from here." Chairman of the Torres Strait have legal problems in

25 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G substantiating a claim for committee, staffers and That means giving them jobs," their stolen Traditional independent consultants. he said. Lands. Financial and The Indigenous Affairs Nationally, the ILC review operational Reports of Minister, Philip Ruddock, and team found that four in five the Federally funded the ILC head, Shirley properties bought were not Land Bank, or Indigenous McPherson, said in a statement being used to their full Land Corporation to give that the shortfall was "largely potential, while seven in 10 had it its proper title, are not due to often unrealistic no employees and no access to all that easy to obtain or expectations". the Aboriginal "work-for-the- dole" scheme, CDEP. too understand. The Ms McPherson said the ILC following Report looks at had overhauled the way it A survey of the groups for the activities of the ILC operates and introduced a whom the land had been over the years, with remediation program making bought found that almost six in emphasis on NSW. To improvements on 108 10 lacked the appropriate skills suggest that the result is properties that the stocktake and knowledge to manage the revealed had problems. acquired property, while three an exercise of criminal in 10 had a limited futility is an The 34 NSW properties in commitment to manage the understatement indeed line for improvement include land. ends Poolamacca, a 50,000-hectare station north of Broken Hill; The success of buying to Land buys failing to Tom's Gully, a 104-hectare achieve social and cultural help Aborigines cattle grazing property near benefits, a focus of previous Kempsey; and Jinchilla ILC boards, was harder to The Sydney Morning Herald Gardens, a 12- hectare property assess, the team's report says. By Debra Jopson 10 kilometres north of Dubbo July 7 2003 .The Last Word The federal body set up to where cultural tours were acquire land for dispossessed envisaged but have not Ray Jackson eventuated. Aborigines has bought 36 The major problem with NSW properties for more than Altogether the ILC has Land Rights today is that $32 million, but fewer than 200 bought about 40 NSW the original idea as first indigenous people have directly properties. More than half benefited, according to a contain cultural sites, while envisioned has been review released at the weekend. many are used for cultural mutated by the current purposes and social programs Federal, State and The Indigenous Land Territory Governments Corporation, or ILC, spent Warren Mundine, a NSW that have moved more money in NSW than any Aboriginal campaigner for completely away from state or territory other than better governance in Western Australia, but the indigenous communities, said unencumbered properties, totalling almost yesterday that the team's ownership of Land by 170,000 hectares, had directly findings raised serious Aborigines and Torres benefited only 78 Aboriginal questions about expecting Strait Islanders to do with occupants and 97 indigenous community groups to control as the Traditional Owners employees, the review found. commercial activities. wished to, to a polyglot of Nationwide, it was originally "We have a lot of people wheels, deals and estimated that about 60,000 sitting on boards who are not outright rip-offs. indigenous people were set to commercially trained," he said. benefit from 146 properties There are now various when the ILC bought them for Mr Mundine said the ILC interpretations of what more than $128.5 million review revealed there was a Land Rights is meant to between 1996 and 2001. need for a change. represent. But only 1014 lived on the Funding bodies should be We have the part or more prepared to help boost land or derived jobs from the shared ownership deal more than 4.8 million hectares individuals and families in enterprises and not to follow that includes access to - 1 per cent of Australia's the Lands but no landmass - the ILC has bought the ILC's mentality of "the so far. bigger, the better". ownership of resources. The resources ownership "Clearly this was not good "If you are looking at getting belongs to whatever enough," says the report by the people out of welfare dependency, you have to Government or review team, made up of the Government Department ILC's own business enterprise integrate them into the economy of their community. may be involved.

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We have the National further weakened to the resulted in 482,868 sq, kms. or Parks scenario whereby point of being nearly 36% of the total land the Land is granted to the unrecognisable. Any area reverting to Aboriginal claimants if, and only if, chance of real Justice ownership under freehold title. Significantly, the NT Act was the Land is handed back has been deliberately federal legislation. It provided under a 99 year lease poisoned since 1996 by for Aboriginal Land Councils; the howard Government. We have immense two of the four NT Land Government pressure Ten years ago in 1994 Councils, the Central and Northern, are among the and interference being the Encyclopaedia of nation’s most significant applied to those Aboriginal Australia was Aboriginal political Traditional Owners to produced. To know what organisations. State Land whom Land has been we had then, to what we Rights legislation has seen granted to Capitalise and have now, examples why significantly less Land Commercialise the Land we have not moved very reverting to Aboriginal to fund Projects, such as far today. With or without ownership – a total of only Health and Education. the Racist Tactics. 187,830 sq. kms. or 3% of the These are given as a area in the six states held Land Rights freehold in 1990, with an extra matter of Civil Rights to Most Aboriginal people have 138,482 sq. kms. (2.2%) held all other Australians. I been disposed either wholly or leasehold. remind Readers of the partly by the process of Remote Community in Colonisation and economic The state’s record on Land WA that was forced to development since (the) Rights is abysmal. South Australia is the only one to drop their Land Rights European Invasion. have passed a substantial claim so they could be The dispossession, which proportion (19%) to Aboriginal given a dialysis machine occurred first on the south- ownership – all in the dry so the Elders did not eastern coast, was replicated north. Western Australia failed need to travel to Perth for time and again as the original to produce Land Rights treatment. colony was progressively legislation after the 1983 subdivided into others. The Seaman Aboriginal Land Finally, we have those union of colonies in 1901 Inquiry had raised Aboriginal lost claims for Land produced a federal polity, the expectations. Its 1985 Land Rights that because of Commonwealth of Australia, Rights Bill was defeated in the Court decisions that are but the state governments state parliament’s conservative interpreted, and then retained separate control of upper house, following intense based upon, Racist and Aboriginal destinies until 1967. lobbying from mining interests. Discriminatory practices Following the referendum of After this the government that year the Commonwealth allowed resident communities by Governments of either gained the power to make laws to apply for 99- year leases to shade do not reach the for Aboriginal people in the Aboriginal reserve Lands, bullshit standards of states as well as in the federally which amounted to 202,220 sq. White Law. Since the controlled territories (NT and kms. or 8% of the state’s area. Invasion we have not had ACT). Despite its newly one Victoria is another case where control of our lives or the constitutional power and oft- a conservative upper house decision as to where we stated intention of protecting rejected Land Rights would spend that life. Aboriginal Rights, the federal legislation. Four former Then to add the grossest government has consistently reserves have been transferred failed to satisfy the Aboriginal to Aboriginal freehold title, but of insults to the collective people’s deep-seated desire to two of these transfers had to be injuries, we are penalised regain their Lands and so made under federal legislation for being not only recover their dignity. after the upper house refused to Invaded, but further, for pass the relevant bill. The In the absence of national all our collective Tasmanian Government Land Rights legislation, the brought an Aboriginal Land sufferings and trauma by Aboriginal people continue to Bill before parliament in 1991, the Rules of the Invader. face significantly different but the upper house rejected it arrangements for Land Rights The Political shambles and it was then dumped in the various states and that is called Land Rights altogether when a conservative territories. (This was before the government was returned in today has never been Native Title Act (1993) rj). 1992. strong. The basis of Land The most comprehensive Rights today has been arrangements are those in the The NSW government built on a very weak base NT, where the Aboriginal Land passed a Land Rights Act in and this base has been Rights (NT) Act 1976 has 1983, following which many

27 VOLUME 5 I SSUE 2 D J A D I - D U G A R A November 2003 N G regional and local Land refuse permission for mining also falls far short of Land Councils were established; but and other developments there, Rights, by 1990 only 507 sq. kms. of and to negotiate the terms and freehold and 842 sq. kms. of conditions under which And howard talks of leasehold land, a total of 0.16% approved developments can Reconciliation? of the states area, mostly take place; facilitate the former reserves, had been conversion to unalienable Talking of Reconciliation, converted to Aboriginal title. freehold title of all properties the next Newsletter The land claim process under held by Aboriginal people; theme will be on the So- the NSW Act, which applies to permit the excision from called Practical certain categories of Crown pastoral leases of adequate Reconciliation outcomes land, can be characterised as Land for subsistence and for Education, an administrative one. The residential purposes for the Employment, Health and State Department of Lands has Communities living on the Housing. Thank you GW rejected many claims on the pastoral properties; and grounds that there are intended compensate the people for their for your good formatting. public purposes for the Land lost (Stolen rj) Lands and the Ends claimed. social and cultural disruption On 25 November 2003 they have suffered. In Qld. The Bjelke-Petersen the Association held its government for many years Starting with the Woodward sixth Annual General refused to allow Aboriginal Aboriginal Land Rights Meeting – not bad for an corporations to acquire pastoral Commission in 1973, the organisation that came leases. It then introduced its federal government has gone out of the frustration of, system of Deeds of Grant in some of the way to meeting then, transpiring events in Trust in 1983. this allowed some of those demands. The groups on reserves to exercise a Aboriginal Land Fund the old Aboriginal Deaths form of ‘ownership’ at a level Commission, the Aboriginal in Custody Watch well short of freehold title. By Development Commission and Committee; and which 1989 the amount of Land under most recently ATSIC have was never thought, by actual freehold title was a followed programmes directed others, to be a possible paltry 5 sq. kms! since then a towards buying back survivor in Social Justice Labor government has enacted Aboriginal Lands on behalf of issues for Aboriginal and the Aboriginal and Torres Traditional owners. The total Torres Strait Islander Strait Islander Lands Act of passed over to the Aboriginal Peoples. 1991. these Acts provide for owners under various forms of inalienable freehold title over title, however, remains a The greatest loss arising Lands held under DoGiT and fraction of the amount from the demise of the permit claims (within a 15-year dispossessed. The figures in original Watch Committee ‘sunset’ period) over non- 1990 were 8.7% held as was the loss of its Deaths urban, vacant Crown land and freehold, 2.2% under leasehold national parks. However there and 2.6% comprising former in Custody Library, is no fund for Land acquisitions missions and reserves reportedly the best in and the Governor in Council transferred to Community Australia at that time, and may override community supervision – i.e., only 13% of the loss of the Deaths decisions in relation to mining Australia (is) held by its inCcustody files and development. The last of these Traditional Owners. The reports. provisions outraged the state’s Encyclopaedia is produced by Aboriginal community, the Australian Institute of But on a more positive provoking a huge protest at the Aboriginal and Torres Strait note we now have a full state parliament. Islander Studies. . Executive and they are as follows: The very uneven and fitful Whilst some could or pattern of state action on Land would argue that much Ray Jackson – President Rights falls well short of what has happened over the and Public Officer the National Federation of last decade I merely say Land Councils (NFLC) two things. The first is Ross Fowler – Aboriginal demands. The NFLC position Vice President is that the governments should that what we have now recognise the Sovereignty of falls well short of the Frank Mulheron – non- the Aboriginal people and their demands made by the Aboriginal Vice President prior ownership of Australia; NFLC, and secondly, I acknowledge their right to would argue that what we David Allan – Treasurer claim all unalienated Land, have finished up with John Murray – Secretary including public purpose Land; after the Racist Trickery affirm their right to control Ms Margaret Walker – access to Aboriginal Land, to committee member

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Ms Anne Duffy-Lindsay – Committee Member We thank all for their attendance at the meeting and remind all that their membership for 2003-2004 is now due. And as we are not a funded body, we rely on our membership and donations. For those of you reading this who would like to become a member, we have a range of membership options from Corporate, to NGO to personal membership, both waged and unwaged Paid membership such as this allows us to ensure automatic, free Associate Membership for all inmates in gaols and detention centres and allows us to supply free copies of Djadi- Dugarang to our Associate members

To contact the Association

Indigenous Social Justice Association Inc. PO Box K555 Haymarket NSW 1240 Phone: 02 9318 0947 0418 436 572 02 8399 2632

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His life was, and became, present and future for the struggle. He visited Aborigines. He spoke not of

Libya, Saudi Arabia, what he had done, that was V A L E F R I E N D Indonesia, among other the past. He spoke of what It is with great shock and Countries, always arguing he wanted to do, now. sadness that I write on the the Aboriginal Cause. He He spoke with a quiet but Life of Yaluritja, addressed the United determined passion for what known also as Clarrie Nations and many other he knew to be Right. I sat Isaacs, artist, activist, and Bodies on Racism and the next to him, and accepted Nyungah Elder, Custodian Social Cancer arising from without any argument, that I of his Land. that Racism. was privileged to have at He left us on Wednesday, He became very much last met him, he whom I had 26 November, 2003, having involved with the read so much about. He died in his sleep. He was Aboriginal Provisional asked me to "come and see born 4 September 1948, Government and yet was me' should I ever get to lived proud as a Nyungah not blinded to the Political Perth. Sadly, I never did. man and he has now joined Parties of today. He The Politics of the Park his warrior ancestors. supported the Socialist were not the Politics we 55 years ago a strong Alliance and stood as their would have wanted, but we fighter for the struggles of representative during the stayed anyway. last Federal Election. Every his people was born. Still Robert Eggington, CEO action was taken to move with so much to give, he of the WA Aboriginal away from the Conservative was a product of the racist Artists Association, in and Colonialist actions times of his youth. The conversation with Jim of Liberal or health discrepancies that Duffield, a long time friend Labor Governments. caused his early death was of Yaluritja, (who named but one of the Social Justice With all that activity, he Jim, 'The General'), issues that he devoted his was a strong Family man. absolutely encapsulates the life to change on behalf of He was a Father and a Life of Clarrie Isaacs. his people. Grandfather and one of 27 "He showed people that Brothers and Sisters. An early understanding they could see the forest - if of the need to work in It was in that spirit that I only they moved out of the solidarity with others also was fortunate to meet shadow of the tree." fighting for those issues Yaluritja during the protests Yaluritja, my ngoon, brought him into early against the Olympics in (brother), may your journey contact with activists in the Sydney in September, 2000. Trade Unions, in Politics be moorditj bibbulman. Prior to the beginning of and in the Aboriginal To his Wife, Children and the Games, he, I and many Struggle. Grandchildren, Mother, others were camped in Brothers and Sisters – all of Yaluritja was the activist's Victoria Park at Broadway, the Family – ISJA and I activist. His innate sense Sydney. He was a softly extend our sympathy at this of knowing the correctness spoken man but this only sad time. of his support remained his belied his intensity for life's purpose. Perhaps his Justice. We spoke, as our most well known protest paths crossed but on one For Koori Justice. was that against the WA occasion he did not join Ray Jackson, Labor Party and the Swan Aunt Isobel Coe and others Wiradguri Brewery site. During the in a Dawn Service at La Goonininyup (Swan Perouse. Brewery) protests he camped there for 200 days. It was a bright morning Some 14 years after the and we sat near the Sacred dispute he continued to Fire. I informed him how protest, as a matter of much I had valued his talk principle, at the site every at a Public Meeting some Tuesday morning. days earlier and our discussion naturally turned to the issues of the past,

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