Land Rights and Native Title

Aboriginal Events and Issues

Activity

You will need to outline the important events over time.

What happened? Why significant? Link to changing right and freedoms

If uninhabited land was discovered by the British its was declared “Terra Nullius” – land belonging to no one.

Captain James Cook did this when he landed in Eastern Australia in 1770

Captain Arthur Phillip accepted the idea in 1788

Terra Nullius - 1788

Terra Nullius meant; No treaty had to be

signed Natives could not

claim common law rights over their land

It legalised the steady dispossession over the next century

Terra Nullius continued...

It was not until the 1960s that Land Rights became an issue in Australian politics

In 1963 the Yolngu people from Yirrkala on the Grove Peninsula in the NT sent a petition written on bark to the Federal government protesting about being driven off their land for a mine.

The petition failed as the NT Supreme Court confirmed the notion of Terra Nullius and said the Yolngu people had no special rights to the land.

The Bark Petition - 1963

In 1966 the Gurindji people of the NT went on strike over their terrible living and working conditions at Wave Hill.

The following year, led by Vincent Lingiari, they petitioned Federal government for a return of their traditional land.

The Gurindji – 1966 - 1975

In August 1966, Aboriginal pastoral workers walked off the job on the vast Vesteys' cattle station at Wave Hill in the Northern Territory. At first they expressed their unhappiness with their poor working conditions and disrespectful treatment. Conversations between stockmen who had worked for Vesteys and Dexter Daniels, the North Australian Workers' Union Aboriginal organiser, led to the initial walk off. The next year the group moved to Wattie Creek, a place of significance to the Gurindji people. They asked Frank Hardy to 'make a sign' which included the word 'Gurindji', their own name for themselves. Their disaffection was deeper than wages and working conditions. Although these stockmen and their families could not read, they understood the power of the white man's signs. Now their name for themselves, written on a sign, asserted a claim to Gurindji lands. “I bin thinkin' this bin Gurindji country. We bin here longa time before

them Vestey mob.” Vincent Lingiari.

In a gesture of support, 9 years later, Prime Minister Whitlam travelled to the NT and handed over to Lingiari and the Gurindji some of their land that they had been denied in court

Whitlam symbolically poured the soil into Lingiari’s hands

The Gurindji continued...

On 16 August 1975, Prime Minister Gough Whitlam came to Daguragu. As he poured a handful of Daguragu soil into Vincent Lingiari's hand, he said:

“Vincent Lingiari, I solemnly hand to you these deeds as proof in Australian law that these lands belong to the Gurindji people,

and I put into your hands part of the earth as a sign that this land will be the possession of

you and your children forever.”

In 1972, on Australia Day, the Aboriginal Tent Embassy was set up on the lawns of Parliament House Canberra.

It highlighted the claim for land rights and the awful living conditions of most Aboriginal people

The Aboriginal Flag was raised at this time.

On 20 July 1972 the tents were pulled down by police. It still stands today.

Aboriginal Tent Embassy and Flag - 1972

The Woodward Royal Commission delivered its report into the issue of land rights in federal territory

The Australian Labor Party pledged to support Aboriginal land rights as part of its successful 1972 election platform.

Launching his party's election campaign, Labor leader Gough Whitlam said:

“We will legislate to give Aboriginal Land Rights - because all of us as Australians are diminished while the Aborigines are denied their rightful place in this nation.”

Gough Whitlam

Woodward Royal Commission – Aboriginal Land Rights - 1974

Justice Woodward reported that the aims of land rights were:The doing of simple justice to a people who have been deprived of their land without their consent and without compensation. The preservation, where possible, of the spiritual link with his own land which gives each Aboriginal his sense of identity and which lies at the heart of his spiritual beliefs.

Justice Woodward recommended that these aims could be best achieved by:Preserving and strengthening all Aboriginal interests in land and rights over land which exist today, particularly all those having spiritual importance. Ensuring that none of these interests or rights are further whittled away without consent, except in those cases where the national interest positively demands it - and then only on terms of just compensation.

Aboriginal people could now claim crown land not being used by other people.

An Aboriginal Lands Council was used to control this land

The first attempt to legally recognise the Aboriginal system of land ownership

Fraser’s Aboriginal Land Rights (NT) Act - 1976

Why were these events significant in the changing rights and freedoms of Aboriginal people?

What didn’t change for Aboriginal people?

Questions:

Native TitleLand Rights

Native Title is a legal term that recognises the rights of Aboriginal and Torres Strait Islander people to use and occupy lands with which they have maintained a continuing, traditional connection.

Native Title – A Definition

In the 1970s the Qld government began to remove the land rights of the people of Mer (Murray) Island in the Torres Strait.

One of the Meriam People, Eddie Mabo, took the Qld gov. to try to stop them – he lost the case

Mabo - 1992

The case eventually reached the High Court of Australia in Canberra.

They found in Favour of Mabo and the Meriam people and recognised the principle of Native Title.

Sadly Eddie Mabo had died 6 months before this happened

Mabo – 1992 continued...

The High Court’s 1992 Mabo decision was extremely important;

The Mabo decision meant the concept of Terra Nullius was over turned.

It stated that native title to land existed before the arrival of European settlers

Mabo – 1992 - continued...

Passed in 1993 by the Keating government, this act accepted the notion of Native Title into law and also recognised the rights of owners of freehold property.

To claim Aboriginal communities must show continuous connection to that land through traditional laws and customs to the time of 1788.

Can only be claimed over Crown and other public lands

In many cases it does not mean legal ownership, just the right to use the land in traditional ways – hunting, fishing and ceremonies

The Native Title Act - 1993

Pastoralists were now concerned. They leased property from the government.

Could Aboriginal people claim Native Title over these lands?

The law caused tension and insecurity.

WIK - 1996

The WIK decision of 1996 saw the High Court rule that Native Title could co-exist with the rights of leaseholders.

The Pastoralists and Mining Companies felt the court was too sympathetic to Aboriginal people and Native Title.

WIK – 1996 – continued...

Passed by Howard in 1997.

Said that Native Title and Pastoral Rights could coexist, but in any conflict of interest – the rights of the leaseholders would come first.

Native Title Amendment Act - 1997

Match the events and put them in order

Event Description

The Wik decision The Aboriginal Tent Embassy

and Flag The Wave Hill Protest The Bark Petition Terra Nullius The Mabo decision Woodward Royal

Commission The Native Title Act The Native Title Amendment

Land belonging to no-one. Declared by Captain Cook

Aboriginal Land rights enquiry Native Title and lease holders rights

can coexist Yolngu request for land Gurindji people’s request for wages

and land An Aboriginal protest over land rights

and living conditions Law enshrining Native Title High Court ruling recognising native

title Law giving leaseholder’s rights

priority over Native Title

Match the events and put them in order

Event Description

Terra Nullius 1788

The Bark Petition 1963 The Wave Hill Protest 1966 –

1975 The Aboriginal Tent Embassy and

Flag 1972 Woodward Royal Commission

1974 The Mabo decision 1992 The Native Title Act 1993 The Wik decision 1996 The Native Title Amendment

1997

Land belonging to no-one. Declared by Captain Cook

Yolngu request for land Gurindji people’s request for wages

and land An Aboriginal protest over land

rights and living conditions Aboriginal Land rights enquiry Law enshrining Native Title High Court ruling recognising native

title Native Title and lease holders rights

can coexist Law giving leaseholder’s rights

priority over Native Title

The time has comeTo say fair's fairTo pay the rentTo pay our shareThe time has come A fact's a factIt belongs to themLet's give it backMidnight Oil, Beds are Burning, 1987