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http://www.dreamtime.net.au/indigenous/land.cfm
Land Rights• The history of the struggle for land rights goes
back to the earliest days of the European occupation of Australia. These struggles too were often resolved through violence as Indigenous people were progressively dispossessed of their land.
• The struggle for land rights continues today through the legal and political systems. Some important legal milestones have been reached which show that arrangements based on cultural sensitivity and respect can be successful for all Australians.
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It is my father's land, my grandfather's land, my grandmother's land. I am related to it, it give me my identity. If I don't fight for it, then I will be moved out of it and [it] will be the loss of my identity.
Father Dave Passi,
Plaintiff, 'Mabo' Case in 'Land bilong Islander' 1990
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The modern Land Rights Movement
The Whitlam Federal Government passed the first land rights legislation in 1975, which provided certain parcels of land to particular Aboriginal communities.
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The Land Rights MovementLegally recognise the Aboriginal system of land
ownership and put into law the concept of inalienable freehold title. The Land Rights Act is a fundamental piece of social reform.
Land granted - only land able to be claimed is unalienated Crown land – land that no-one else is using or has an interest in – or land which is wholly owned by Aboriginal people
Land cannot be bought, acquired or mortgaged http://www.clc.org.au/ourland/landrightact.asp
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The land rights movement is an important movement in helping Aboriginal people re-establish spiritual links with the land which were lost as a result of European settlement.
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The Land Rights Movement
1. Identify the importance of the Land Rights Movement for Aboriginal People
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Native TitleOn 3 June 1992 the High Court of Australia
Mabo vs The State of Queensland CaseMabo on behalf of the Merriam people of the Murray Islands
Ruling
Treatment of Indigenous property rights based on the principle of terra
nullius was wrong and racist.
Overturned notion of “terra nullius”
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Native Title
The Court ruled that Indigenous ownership of land has survived where it has not been extinguished by a valid act of government and where Aboriginal people have maintained traditional law and links with the land.
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Native Title
This legal recognition of Indigenous ownership is called Native Title. The Court ruled that in each case native title must be determined by reference to the traditions and customary law of the Indigenous owners of the land.
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Native Title
High Court ruled that in certain circumstances a form of title known as “Native Title” existed under Australian law. Native title refers to communal or individual rights or interests of Aboriginal people or Torres Strait Islanders in relation to land or waters
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Native Title
In 1993, the Keating Labor Government passed the Native Title Act
Two prerequisites
1st - prove that native title has not been extinguished by freehold title, and that native title is not inconsistent with the way the land is currently used
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Native Title
2nd - continued connection with the land prior to 1788.
Such provisions meant that native title could only be claimed on a very small percentage of Australian land, as almost all land had been previously bought, sold or granted to other people.
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Limitations on the effectiveness of Native Title
• in many cases native title does not ensure access to sacred sites
• native title has assisted some Aboriginal groups to gain economic and social independence
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Native Title1. Identify what is Native Title
2. Outline the importance of Native Title for the Land Rights Movement
3. Outline the importance of Mabo for the Land Rights Movement
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Wik
Rights of leasehold and native title owners can co-exist
1996 the High Court ruled in favour of the Wik people of Cape York, Queensland
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Wik
• In 1996 the High Court ruled that Leasehold Title may not automatically extinguish Native Title.
• In certain circumstances Native Title and Leasehold Title could co-exist and in areas of dispute, interests of the Leasehold Title holder would prevail.
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Wik
• In response to pressure from investors in rural Australia the Howard Federal Government prepared legislation to amend the Native Title Act and prevent any uncertainty.
• The legislation was called the Native Title Amendment Act and was commonly referred to as the 10 Point Plan
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Ten Point Plan
• 1998 the Howard Liberal Government introduced legislation, which amended the Native Title Act in favour of the leasehold title holder
• This Native Title Amendment Act is commonly referred to as the Ten Point Plan.
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Ten Point Plan
• Main feature was to transfer the power to upgrade the leasehold title to freehold title from Federal to State Government, hence making it simpler to extinguish native title
• A secondary feature of the Ten Point Plan was the sunset clause, which prevented Aboriginal people from making native title claims beyond a certain date
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Ten Point Plan
• This legislation has effectively cut off the ability of many Aboriginal groups to claim native title
• Secondly, native title claims are difficult to make because it is difficult for a society based on the oral tradition to produce written evidence to substantiate their claims
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Wik & Ten Point Plan
1. Identify what is Wik
2. Identify what is the Ten Point Plan
3. Outline the importance of Wik for the Land Rights Movement
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The importance of the Dreaming for the Land Rights movement
• Modern land rights movement is testament to the centrality of the role of land to Aboriginal spirituality
• The land acts as a mother for the Aboriginal people. It is through their intimate connection to the land that the foundational concept which lies at the heart of Aboriginal spirituality, that is, the Dreaming can be accessed.
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The importance of the Dreaming for the Land Rights movement
• All aspects of Aboriginal life are rooted in the stories of the Dreaming which emerge from the land
• Native title has assisted some Aboriginal groups to gain economic and social independence.
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The importance of the Dreaming for the Land Rights movement
1. Identify aspects of the Dreaming which are intimately connected with the land
2. Analyse the importance of the Dreaming for the Land Rights movement
