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March/April 2003 No.2/2003

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March/April 2003 No.2/2003 March/April 2003 No.2/2003 The NativeNative Title Title Newsletter Newsletter is published is published on a bi-monthlyevery second basis. month. The newsletterThe Newsletter includes in- a Contents summarycludes a summaryof native of title native as titlereported as reported in the News from the Native Title press.in the Althoughpress. Although the summary the summarycanvasses can-me- Research Unit 2 diavasses from media around from around Australia, Australia, it itis is not intended to be an exhaustive review of de- velopments. Features Facilitating Indigenous Decision and Agreement Making 3 The Native Title Newsletter also includes contributions from people involved in Native Title Youth Forum 4 native title research and processes. Views ex- Agreements Database - the launch 5 pressed in the contributions are those of the authors and do not necessarily reflect the views of the Australian Institute of Aborigi- Native title in the news 6 nal and Torres Strait Islander Studies. Registration test 10 Notifications 11 Recent publications 11 Native Title Research Unit publications 12 The Newsletter is also available in ELECTRONIC format. This will provide a FASTER service for you, and will make possible much greater distribution. If you would like to SUBSCRIBE to the Native Title Newsletter electronically, please send an email to [email protected], and you will be helping us provide a better service. Electronic subscription will replace the postal service, please include your postal address so we can cross check our records. The same service is also available for the Issues Papers series. ISSN 1447-722X WorldwidePromoting knowledge and understanding of Australian Indigenous cultures, past and present NEWS FROM THE NATIVE TITLE RESEARCH UNIT The Native Title Conference 2003 For a copy of the brochure and program, follow the links on the AIATSIS webpage at We are delighted to announce that we have <www.aiatsis.gov.au>. an international guest who will deliver a pa- per at The Native Title Conference 2003: Native Title on the Ground. New Issues Paper Associate Professor of Law, Christine Zuni The April Issues Paper has been published. Cruz, is from The University of New Mex- Issue number 22, “‘Abandonment’ or ico. A member of the Isleta Pueblo, Zuni Maintenance of Country? A Critical Cruz helped establish the South West Indian Examination of Mobility Patterns and the Law Clinic in 1993 which provides students Implications for Native Title” is by Dr Peter with an opportunity to practice Indian law. Veth. In this paper, Dr Veth argues that She has served as a tribal judge and a tribal studies of patterns of historical mobility gaming commissioner. In her research and illustrate that it is normal for groups to teaching, Zuni Cruz explores the interface practice different kinds of ‘abandonment’ between law and culture, including the im- over time. This is for a variety of social and pact of law on Indian families, the practice historical reasons. Thus Dr Veth suggests of Indian law and the internal and modern that these well-documented and long term law of Indigenous peoples nationally and historic processes should inform the legal internationally. standard for continuity of occupation and In addition to our international guest, the use of country. conference will open with the Mabo lecture, which will be presented by Noel Pearson. His paper, “The implications of the devel- Video Archives of Federal Court oping native title law for Indigenous land Judgment Summaries rights” will consider the consequences of In an effort to improve public access to the misinterpretation of the Native Title Act Federal Court cases, live and archived by the courts. broadcasts of judgment summaries are avail- Other plenary speakers at the conference able through the Federal Court website in include Richie Ahmat, Fred Chaney, Murray audio/video narrowband and broadband Chapman, Geoff Clark, Mick Dodson, Bill formats. Four native title judgments are Jonas, Murray Jones, Marcia Langton, available. These are: De Rose v State of South Bonita Mabo, Shirley McPherson, Monica Australia [2002] FCA 1342; Meriam People v Morgan, Graeme Neate, Darryl Pearce, State of Queensland [2001] FCA 697; Yorta Aden Ridgeway, David Ross, Warwick So- Yorta Aboriginal Community v State of Victoria den, Russell Taylor, Pat Turner and repre- [2000] FCA 45; State of Western Australia v sentatives of the Lhere Artepe. Ward [2000] FCA 191. These are available at:<www.fedcourt.gov.au/judgments/judgmts_ video01.html>. Native Title Newsletter No.2/2003 2 FEATURES Facilitating Indigenous Decision and NTRBs will be asked to partner AIATSIS in Agreement Making and Managing the research through providing direction for Disputes in Land Issues and participating in a number of workshops, in the first instance, through a facilitated Toni Bauman, Visiting Research Fellow, workshop of the CEOs of NTRBs. NTRU The Research Project Introduction Stage One: Over the last twelve months, AIATSIS has been holding discussions with a range of key AIATSIS will establish a research team stakeholders concerning the need for devel- within the Native Title Research Unit to oping culturally appropriate procedural ex- carry out the project. pertise in native title. There has been general The Project team will include: agreement that disputes and decision mak- ing processes within and between • a Visiting Research Fellow over three stakeholder groups (and not just among In- years – Toni Bauman; digenous people) are major blockages. Inte- • a Consultant Research Fellow (media- grated dispute management and decision tion specialist) – Rhian Williams; and making design systems are a priority. Of • a Research Assistant (to be appointed). major concern is the lack of shared under- The Visiting Research Fellow and the Con- standing of what constitutes good mediation sultant Research Fellow will carry out the and facilitation practice and the need for an substantial part of the research and coordi- emphasis on long term relationship building nation. Where appropriate, research and and sustainable outcomes. consultations will also be shared amongst Whilst it is recognised that all stakeholders other Fellows in the NTRU. need to develop skills in this area, the initial The Project team will: focus of the AIATSIS project rests upon developing capacity amongst Indigenous • continue and expand the existing re- people in agreement and decision making search; and managing disputes through the NTRBs. • carry out case studies; This focus is timely, as ATSIC has been ex- • create a research network and establish amining capacity building needs in NTRBs dialogue groups with a range of which have statutory responsibilities for stakeholders; managing Indigenous disputes. • facilitate and record a number of focus AIATSIS has entered into partnerships with group workshops particularly with ATSIC and the NNTT for Stage One of the NTRBs; and research project outlined below. There are • publish results of research and consul- opportunities for a range of other partner- tations in issues or discussion papers ships over the life of the project with indus- and on the NTRU web site. try groups such as the Mining Industry Stages Two and Three: Council, with farmers, pastoralists, members of the fishing industry, local government, Stage Two will involve the development of environmentalists and land managers among training modules, and Stage Three, the roll- others. ing out of the training program. Details of Stages Two and Three will depend upon the research outcomes of Stage One. Native Title Newsletter No.2/2003 3 For further information, contact Toni Bau- For these reasons the CLC will host a Na- man 02 6246 1195 or email tive Title Indigenous Youth Forum on the [email protected]. first day of this year’s Native Title Confer- ence. The Indigenous Youth Forum will be a one-day event of talks, discussions and Native Title Indigenous Youth Fo- workshops. It will create an important occa- rum sion to engage young people in discussions Alice Springs Convention Centre, Tues- about the meaning of native title and of the day 3 June 2003, 9am until 5pm. native title concerns within their communi- ties. The Native Title Conference has grown into Significantly, senior traditional landowners an annual event. This year the Native Title will be present at this forum to explain why Conference 2003 is being co-hosted by the young people have to start learning about Central Land Council, and will be held at native title, land and culture. Young people the Alice Springs Convention Centre. The will have the chance to ask their elders what Lhere Artepe Aboriginal Corporation which they want to know about native title and to represents the Arrernte native title holders talk about their concerns for the future. from the Mparntwe, Antulye and Lrlpme estate groups in Alice Springs will be Representatives from the current national speaking about what native title has meant Indigenous leadership attending the Native for them and discussing the challenges of Title Conference will also address the In- native title in an urban context. Presenters digenous Youth Forum. It will be a unique from across Australia will talk about the opportunity for Indigenous leaders from avenues available for Indigenous people to different regions across Australia to discuss address native title concerns, hopes and as- their understanding of native title with pirations. young people; to be able to say what has been gained and to speak about their con- The national network of NTRBs is very cerns for the future. They will be able to much aware that native title issues, in many describe the skills and knowledge that the parts of the country, have become an in- future Indigenous leaders will require in or- creasing part of the experience of Aboriginal der to respond to native title issues in their people and their communities. With this traditional homelands. The forum also pro- comes the need for more people to partici- vides an opportunity for Indigenous leaders pate in native title claims, negotiations and to hear what young people have to offer and concerns.
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