Kahentinetha Horn, Mohican guest writer, applauds Western Australian Native Title win. But does she know the grim reality?
Below is a message from Mohawk activist Kahentinetha Horn, celebrating the recent Nyoongar "win" concerning native title in Western Australia. However, is she aware that the decision has been condemned by both parties here, whose leaders state that it must be overturned as it sets a "dangerous precedent"? Anyway, here is Kahentinetha "Bear"'s message - I'm glad that this short-lived victory was at least able to give hope to some across the globe...
"It's a landmark case. The Noongar Aboriginal people of Australia were affirmed as holding title to a substantial part of Western Australia, including the city of Perth. In the case of Bennell v. State of Western Australia (2006) FCA 1243, the Noongar people proved that their community continues to exist and that they are still part of the land. They continue to observe the community's traditional laws and customs, including their relationship to their land.
The Noongar have a claim under their own laws and customs as a result of their occupation of the land before the colonial visitors arrived on the scene. This community continues to exist today. They are still guided by the spirits of their ancestors. They continue to acknowledge their laws and customs even though there have been some alternations and interference by their white visitors. In other words, the rights are possessed under traditional laws that are acknowledged and observed which maintains their connection to their lands and waters.
Those rights are recognized by common law in Australia, Canada, the United States and other commonwealth countries, including those in Africa. The major point of the decision is that the native people are identified by their own laws, not by colonial laws. Even though they have been prevented from exercising their rights for a period of time by the colonists, they still have title."
