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November/December 2003 No. 6/2003 Contents The Native Title Newsletter is published News from the Native Title every second month. The newsletter includes Research Unit a summary of native title as reported in the International Indigenous Visitors 2 press. Although the summary canvasses media Indigenous Mediation and Facilitation from around Australia, it is not intended to be Project 2 an exhaustive review of developments. Native Title Business – Forum 3 The Native Title Newsletter also includes 2004 Native Title Conference September/October 2003 contributions from people No.5/2003involved in Announcement 3 native title research and processes. Views ex- Features pressed in the contributions are those of the authors and do not necessarily reflect the Daniel v State of Western Australia 5 views of the Australian Institute of Aboriginal De Rose Hill v South Australia 5 and Torres Strait Islander Studies. Public Works on Aboriginal and Torres Strait Islander Owned Lands 6 Stop Press CERD Report 7 Land, Rights, Laws: Issues of Native Title is a se- Regular items ries of native title papers published occasion- Native title in the news 8 ally by the NTRU. Papers are written at an Applications lodged with NNTT 13 academic level, should be about 3,500 words and receive anonymous peer review. If you Registration test decisions 13 would like to submit a paper or would like Notifications 14 more information, please contact Serica on Recent additions to AIATSIS Library 14 (02) 6246 1171 or Native title research unit publications 17 [email protected]. 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 PromotingWorldwide knowledgeknowledge andand understandingunderstanding ofof AAustralianustralian IndigenousIndigenous cultures,cultures, pastpast andand present NEWS FROM THE NATIVE TITLE RESEARCH UNIT International Indigenous Visitors will be held at a date to be decided hopefully in the second half of 2004, subject to funding. The NTRU was pleased to host two distin- guished Indigenous visitors over the last few Preparation of material for the proposed Pro- months. ject web pages to be hosted on the AIATSIS web site is progressing well. A comprehensive In early December Assistant Grand Chief bibliography has been completed by Rebecca Lloyd Oronhiakhete Phillips of the Mohawk Morphy and Kitty Eggerking and will be soon Council of Kahnawake, Canada, visited available. AIATSIS. The Assistant Grand Chief took part in a workshop titled ‘From Land Settle- A survey has been prepared for mediation ments to Self-Government: The Kahnawake practitioners who work in native title. A list of Experience of Comprehensive Negotiations in practitioners is currently being prepared Canada.’ While he was in Canberra, the through a range of agencies. If you are inter- NTRU facilitated meetings between the Assis- ested in participating in this survey please con- tant Grand Chief and local Indigenous repre- tact us. sentatives. Forthcoming Events Professor John Borrows has taken up the In- stitute’s inaugural International Indigenous The Wukindi Cross-cultural Mediation Train- Visiting Fellowship. Professor Borrows, from ing workshop will be held in the week of 21st the Cape Croker Indian Reserve, Canada, is June 2004 on Galiwinku (Elcho) Island. the Law foundation Chair in Aboriginal Jus- Check the web site on wukindi.com. tice and Governance at the University of Vic- toria, British Columbia. While resident at the The National Mediation Conference will be Institute, Professor Borrows will be research- held in Darwin, Northern Territory from 30 ing the topic: ‘Aboriginal Title and the Dan- June to 2 July 2004 and will have a strong In- gers of Legislative "Solutions"’ digenous component. It is anticipated that the Wukindi Rom ‘reconciliation’ ritual will be Indigenous Mediation and Facilitation held each morning of the conference. Project Papers, publications and presentations Team: Toni Bauman (Visiting Research Fel- low), Rhian Williams (Consultant Fellow, Me- Travel was sponsored by the Minerals Council diation Specialist), Sophia Close (Research of Australia for Toni Bauman and Rhian Wil- Assistant) liams to present a paper, “Towards a Com- mon Practise Investigating Australian Project Activities Indigenous Dispute Management Needs in Land Issues” at the Asia Pacific Mediation The National Native Title Tribunal (NNTT) Forum, Singapore, 19-22 November 2003. is sponsoring the Project to hold five work- shops in the first half of this year with repre- Toni Bauman facilitated a one day workshop sentatives from Native Title Representative in Darwin on 3rd November 2003 titled ‘In- Bodies (NTRB) including, CEOs, board troduction to Conflict management and deci- members, anthropologists, lawyers and field sion-making’ for Northern Territory officers. The locations and content of the Government Community Development Offi- workshops will be discussed at an ATSIS cers. This was followed by a short workshop Leader’s Forum for CEOs and Chairs of for delegates at the Building Effective Indige- NTRBs planned for late March 2004. A work- nous Governance Conference at Jabiru, 4-7 shop for native title mediation practitioners November 2003. Native Title Newsletter No.4/2003 2 Native Title Business Forum The conference will be held at the Stamford Grand Hotel in Glenelg. The Native Title Research Unit took part in a Native Title Business Forum held at the Na- The major theme of this year’s conference is: tional Museum on the 11 and 12 of December Building Relationships - It's the People 2003. The forum was an informal session that Matter - It's the People that make it where each member gave a concise paper in work. Sub themes include: relation to an aspect of native title relevant to their field of expertise. · making native title work for everyone · finding equitable solutions Dr Lisa Strelein introduced all speakers before · the grounding for positive native title discussing the legal aspect of native title. Dr outcomes Stuart Bradfield spoke about agreement mak- · the way to move forward ing with peoples and nations, and Toni Bauman discussed anthropology, native title · finding common ground: resolutions and conflict. Jane Anderson discussed the im- to native title issues portance of cultural narrative informing native title law, whilst Glen Kelly talked about Ex- A new and refreshing program will be intro- tinguishment of native title and the continuity duced this year, to respond to participant in- of people. Donna Oxenham spoke about the put from previous years. effects of native title in relation to the Shark Bay community, including Indigenous identity Pre-conference workshops: NTRB only and her own personal experience. Her talk was titled ‘The concept of traditional v. con- (Wednesday June 2) will be dedicated to temporary perceptions of Aboriginal society NTRB’s only. This day will consist of work- and how this has created problems within the shops conducted by NTRB staff for NTRB native title context for many Indigenous staff and or executive. These workshops are groups within Australia.’ Grace Koch con- knowledge based, and will cater for the vari- cluded the session by giving an overview of ous levels/skills/and areas of interest of and the services the access unit of the NTRU pro- for practitioners. Key to the success of these vide. workshops is opening a dialogue and sharing knowledge between NTRB staff and execu- The Native Title Conference 2004 tive. Adelaide, South Australia, 3-4 June 2004 A Welcome to Country Ceremony will be held The Australian Institute of Aboriginal and in the evening of 02 June 2004. Torres Strait Islander Studies and The Abo- riginal Legal Rights Movement- Native Title (Thursday 3rd June) which falls on Mabo Day, Unit invite you to join us in Adelaide for the will be open to the general public. On this Native Title Conference 2004. day, keynote lectures and papers will be pre- sented by Native title holders and claimants, This comprehensive national conference ad- practitioners, NTRB staff, researchers, aca- dresses the cutting edge of native title research demics, political leaders and others. and practice. It is an opportunity for network- ing and information sharing between the staff Running concurrent with these sessions will of representative bodies, academics, legal be a Youth Forum. The Youth Forum at last counsel and government. The conference is year’s conference in Alice Springs was seen as also a development opportunity for native title a huge success, and we are delighted to be representative body staff, executive and prac- holding this important forum again in Ade- titioners and all who wish to remain informed laide. The Youth Forum is open to 16-25 year of current practice, governance, and law and old Indigenous people. policy development. Native Title Newsletter No.4/2003 3 (Friday 4th June) the day will be composed of workshops for their peers. We will be accept- two parallel strands: the general program will ing workshop abstracts under the same condi- continue with papers and workshops, and a tions as that stated above. distinct