July/August 2003 No.4/2003 The Native Title Newsletter is published Contents every second month. The newsletter includes a summary of native title as reported in the News from the Native Title press. Although the summary canvasses media Research Unit from around Australia, it is not intended to be Indigenous Rights Discussion Paper 2 an exhaustive review of developments. Indigenous Researchers Forum 2 The Native Title Newsletter also includes Takin’ it out and Takin’ it through 3 contributions from people involved in native title research and processes. Views ex- Feature pressed in the contributions are those of the David Ross - ‘Future Directions’ 4 authors and do not necessarily reflect the views of the Australian Institute of Aboriginal Regular items and Torres Strait Islander Studies. Native title in the news 5 Applications lodged with NNTT 11 Stop Press Registration test decisions 11 The 2003 Indigenous Researchers Forum is being held from the 1-3 October at ‘Univer- Notifications 13 sity House’ at the Australian National Uni- Treaty, lets get it right: New Publication versity in Canberra. To register, or for more Recent additions to AIATSIS Library 15 information go to the AIATSIS website at: http://www.aiatsis.gov.au/ rsrch/ confer- Native title research unit publications 17 ences/irf2003/index.htm 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 and understanding of Australian IndigenIndigenousous cultures,cultures, past and present NEWS FROM THE NATIVE TITLE RESEARCH UNIT Indigenous Rights Discussion Paper for Nations in decision-making and management, the Living Murray Initiative specific measures may be introduced to rec- ognise substantive rights or specific interests Discussion Paper prepared by that arise from Indigenous ownership and Monica Morgan, Murray Darling Basin Com- custodial responsibilities, including: mission · Access to land and waterways Dr Lisa Strelein, Australian Institute of Abo- · Use and enjoyment of the natural re- riginal and Torres Strait Islander Studies sources Jessica Weir, Centre for Resource and Envi- · Hunting, fishing and foraging ronmental Studies, ANU Specific outcomes discussed in the paper The Murray Darling Basin Ministerial Council include rights to cultural flows, water alloca- requested that the Murray Darling Basin tion rights, and co-management possibilities. Commission give further consideration to the Only where it is impossible to protect or issues raised by the Indigenous Nations of the return lands and waters should compensation Murray Darling Basin, including the issue of be considered, and then it should be consid- Indigenous interests in water. The Council ered in the form of land and waters before indicated that it intends to review the implica- monetary compensation. tions of these issues at their meeting sched- uled for November 2003. The Indigenous Nations of the Murray Dar- ling Rivers share the vision of the Murray In August this year AIATSIS agreed to assist Darling Basin Commission for a healthy, the Commission and the Murray Darling living river system with natural flows and Rivers Indigenous Nations (MDRIN) to de- cycles, sustaining communities and preserving velop a discussion paper to support the final unique values. In the current context, the report from the Indigenous consultations. A difficult task of determining how best to man- small forum was held at AIATSIS, drawing on age the scarce water resources of the Murray expertise from around Australia to establish a River cannot side-step the inherent rights of framework for the paper. The discussion Indigenous Australians to these water re- paper draws on the outcomes of the Indige- sources and the surrounding ecosystem. nous peoples’ consultations with the Murray Darling Basin Commission. The paper seeks Recognition of Indigenous peoples rights in to place the views and aspirations expressed in relation to the natural and cultural heritage those documents within a broader Indigenous and economies of the River will enable the rights context. Murray Darling Basin Commission, the Minis- terial Council and the governments involved More than consultation, Indigenous peoples to support the Indigenous Nations and com- have called for substantive involvement in munities’ desire to foster a partnership model policy and decision-making, as well as direct for cultural and natural resource management involvement in environmental management. that can provide a leading example for the In international law, a measure of whether whole of Australia. Indigenous peoples enjoy equal rights in re- spect of effective participation in public life is The Native Title Research Unit hopes to to ensure that ‘no decisions directly relating to develop the paper for publication and perhaps their rights and interests are taken without hold a follow up workshop later this year. their informed consent’. Informed consent requires more than mere consultation. Indigenous Researchers Forum Apart from the procedural mechanisms to The Australian Institute of Aboriginal & Tor- ensure meaningful involvement of Indigenous res Strait Islander Studies (AIATSIS) has been Native Title Newsletter No.4/2003 2 invited by the Indigenous Researchers' Forum ing processes rather than an over emphasis on Organising Committee to host the IRF 2003. disputation and conflict management. Just and AIATSIS will do this in partnership with the sustainable land related outcomes for Indige- Australian National University (ANU) and the nous communities depend, in the first in- University of Canberra (UC). stance, upon the skilled facilitation of inclusive and representative decision-making Background to the IRF processes which are transparent and fair and upon which Indigenous people can confi- The IRF is an initiative of the six Indigenous dently rely. Such processes are an inherent Centres of Excellence located at various component of best practice Indigenous dis- Australian universities. The inaugural IRF was pute management systems. hosted by the University of Newcastle in 1999. The forum was hosted by the University One suggestion is ‘Talkin’ it out and talkin’ it of South Australia in 2000, the University of through’. All ideas and comments are wel- Melbourne in 2001, and in 2002 it was hosted come. by a consortium of Indigenous units from Curtin University of Technology, Edith Project Reference Group Cowan University and the University of West- ern Australia. The IRF has national signifi- The Project Reference Group met for the first cance and explores and advocates Indigenous time on 27th August 2003 at AIATSIS in Can- agendas and issues in research, in addition to berra. There was discussion around a draft providing opportunities and encouragement issues paper prepared by Toni Bauman and to emerging Indigenous researchers. Rhian Williams which will shortly be revised and published in the NTRU Issues paper When & Where series. The IRF 2003 will be held from 1-3 October at University House at the ANU. The dates Members of the Project Reference group to fall within the semester break and the venue date are Mick Dodson, Gaye Sculthorpe, provides opportunities for sessions and events Diane Smith, Mary Edmunds, Marcia Lang- to be held indoors but also outdoors close to ton, Larissa Behrendt, Margaret O’Donnell, the main buildings. Kerrie Tim, David Wilson, Wayne Denning, Darryl Pearce and Parry Agius. Steve Larkin, For more information and registration forms Lisa Strelein and Toni Bauman are NTRU go to the AIATSIS website at AIATSIS staff on the group. Rhian Williams http://www.aiatsis.gov.au/rsrch/conferences is the AIATSIS Consultant Research Fellow, /irf2003/index.htm Mediation specialist. For more specific details contact Wayne The group agreed to meet again on 13th No- Deans, Forum facilitator, on 02 6261 4207, or vember, 2003, to bed down the project and to at [email protected] confirm its aims and membership of the group, following discussions between project staff and the Chief Executive Officers of the ‘Talkin’ it out and Talkin’ it through, it’s Native Title Representative Bodies in Bris- all in the process’: The Indigenous Facili- bane in October. tation and Mediation Project Noongar Staff Family Meetings Team Work- Naming the Project shop The Indigenous Facilitation and Mediation Rhian Williams and Toni Bauman recently project is looking for a user friendly name. conducted a workshop with staff of the South West Land and Sea Council who are involved A key concept to be reflected in the name is in Noongar family meetings and the ‘one the management of Indigenous decision mak- claim’ process. The workshop, intended to Native Title Newsletter No.4/2003 3 facilitate discussions among staff about how ing Workshop project. The Wukindi Project they have been running their family meetings will involve the participation of 100 young and how they might improve them, also in- Indigenous and non-Indigenous Australians in volved some facilitation training. the Wukindi ceremony which will be managed by Reverend Djininyi Gondarra and his peo- Wukindi Rom Cross-Cultural Mediation ple from the Golumala Clan/Nation in paral- Training Workshop lel with a number of mediation training workshops. The five day event is planned for Toni Bauman is one of the directors of the June 2004 in Gove, Arnhem Land. Wukindi Rom Cross-cultural Mediation Train- FEATURE Future Directions these small wins that can make such a huge By David Ross and tangible difference to people’s lives, to Director, Central Land Council their sense of themselves. Lets not underes- timate the empowering fact of recognition It is very difficult for me to talk about future after several hundred years, of nothing, of directions for us when I know that we have being seen as nobodies.