Land Rights After Wik
Ongoing Native Title Amendments And Opposition
Australian customary Aboriginal land rights have been reaffirmed in the courts, but the battle continues against extinguishment and watering down of Native Title.
Mabo, Native Title Act and Wik
The overturning of Terra Nullius in the historic Mabo land rights case of 1992 established that Aboriginal peoples owned the continent prior to European invasion. Then the Native Title Act of 1993 acknowledged Aboriginal land rights, and provided the means by which claims could be made. At that stage, everything seemed to be moving forward with regard to recognition of Aboriginal rights and Native Title.
Then came the high point of the Land Rights struggle. The famous (infamous to most of Australia) Wik case of 1996 affirmed that Aboriginal and non-Aboriginal rights could co-exist on pastoral leases. This led to public debate and outrage, with a misinformed public terrified that mobs of blackfellas were going to steal their backyards. But in fact, all the Wik decision really said was that pastoral leases did not necessarily extinguish native title.
Story Behind The Story
That small concession took ten years of legal battles that saw the passing of many heartbroken Wik elders. Ol'man Johnny Koowarta passed away with his dreams of autonomy unrealised. Even when he saved up and tried to buy part of his ancestral lands that were up for sale, the government called it "Land Rights by the back door" and blocked the purchase by making the area a national park. The old fella, and many others, passed away before seeing the Wik decision handed down in 1996, after a decade of legal struggle.
But then it wasn't even finalised until 2004 when the Wik Determination was actually officially handed down. And then it only happened because of the desire to fast track mining exploration and the sale of an expired French bauxite mining lease. I was there. Everyone around me celebrated what was thought to be the start of genuine autonomy, but I found it hard to join in.
Native Title Mutation
Recognition of Aboriginal land rights is said to have opened the door to new relationships between traditional land owners, the state, and non-Aboriginal land user groups. But the continual watering down of Native Title legislation in response to intense pressure from non-Aboriginal lobby groups means that land rights are becoming yet another instrument of colonisation, a means to further marginalisation of Aboriginal peoples. Native Title ensures that negotiation occurs, but subsequent amendments have provided loopholes to ensure that traditional owners are basically dependant upon the generosity of the outsiders who control the "negotiations".
The complicated "jumping through hoops" that traditional land owners are now forced to do to constantly defend Native Title takes up most of the time and energy of indigenous leaders. This deprives our communities of the full time Aboriginal leadership that is needed to keep our cultures alive and minimise the ravages of colonialism on our peoples. The government then has the outrageous gall to pronounce that "Aboriginal self-governance has failed", and proposes "tough measures" that will extinguish sovereignty for all time, in the name of protecting the "women and children" who are portrayed as the "victims" of primitive and abusive "Aboriginal culture and leadership".
"Advance Australia Fair" is the national anthem, and it really captures the essence of the invading culture. "Fair" Australia continues to advance, as Aborigines continue to fight a losing battle against the tide of colonisation.
Read more on Australian Land Rights issues.
Read about Scottish Indigenous Land Rights.
