LAND RIGHTS

Symbolism of the flag the people the land life giving sun and bond between the people and the land

The flag is the symbol of the Aboriginal link to the land. It reminds them that they belong to the land. From it they were created and in it their spiritual ancestors still dwell. The land is their culture, their identity.

Views of the land

European view Aboriginal view

Views of the land European view Aboriginal view DisregardMother

Views of the land European view Aboriginal view DisregardMother Used and cultivated itCommunity ownership (land for community welfare)

Views of the land European view Aboriginal view DisregardMother Used and cultivated it Private ownership Community ownership (land for community welfare) Spiritual connections Sacred

Views of the land European view Aboriginal view DisregardMother Used and cultivated it Private ownership Community ownership (land for community welfare) Spiritual connections Sacred Visible boundaries (fences) legal title Title deeds: rituals, stories, songs and sacred objects.

Views of the land European view Aboriginal view DisregardMother Used and cultivated it Private ownership Community ownership (land for community welfare) Spiritual connections Sacred Visible boundaries (fences) legal title Title deeds: rituals, stories, songs and sacred objects. Land for individual gain Respected and nurtured the land

Views of the land European view Aboriginal view DisregardMother Used and cultivated it Private ownership Community ownership (land for community welfare) Spiritual connections Sacred Visible boundaries (fences) legal title Title deeds: rituals, stories, songs and sacred objects. Land for individual gain Real estate, leasehold growth, materialism. Respected and nurtured the land Belonged to land and lived in harmony with the land.

What do Australians think about land rights? 90% of Australians voted in a Referendum, giving the Federal Government power concurrent with the State Government, to make special laws for the Aboriginal people. 1976

What do Australians think about land rights? 1981 In a Nation wide Gallup Poll, 2010 Australians were asked the question: “Do you think the Federal and State Government are, between them, doing - too much for the Aboriginal people? - or not enough? - or about the right amount?” Response: 50% - not enough 18% - too much 25% - just right.

What do Australians think about land rights? 1985 Australian National Opinion Poll survey on the attitudes to land rights. 1 in 5 Australians supported land rights. In conclusion to the poll: “It would be easy to despair at the ignorance, intolerance and misunderstanding uncovered by our research towards Aborigines generally and land rights specially” (National Times April 1986)

What are the views of Australians today? In general, do Australians support land rights? Why? / Why not?

Government Policy on Land Rights.

1983: The Aboriginal Land Rights Act.

Three levels of land Councils to be established (State, local and regional level) The councils receive 7 % of annual tax revenue. This money can be used to buy private land. Can claim unused Crown land, which is not needed for public use in future. Can claim Aboriginal reserves.

Before 1993: ‘Terra Nullius’ a legal term used to define ownership of land to native peoples (land owned by no one).

1993: The high court rejected the doctrine of ‘terra nullius’. (i.e. Mabo decision). The court held that ‘native title’ is defined according to the traditional laws and customs of people having the relationship with the land. Native title may be held by a community, group or individual depending on the content of traditional laws and customs.

1996: The Wik decision

The Wik decision established the concept of co-existence that a pastoral lease and native title could exist side by side. Aboriginal communities argued that this was the way it had been for over 150 years. Pastoralists carried out their work and Aboriginal communities used the land for traditional purposes. Wik gave certainty to pastoralists by determining that where native title interests were in conflict with the operation of the pastoral lease, then the pastoral lease would prevail.

1998: The Native Title Amendment Act

In response to the Wik decision the Howard Government in its Native Title Amendment Act 1998 changed significant aspects of the Native Title Act. This was presented as the ‘Ten Point Plan’.

Research the ‘Ten Point Plan’. Overview of the ‘Ten Point Plan:

2005: Attorney-General Philip Ruddock announced a plan for practical reform to improve the performance of the native title system.

“The Australian Government is committed to achieving better outcomes for all parties involved in native title and we want to put in place measures that will ensure native title processes work more effectively and efficiently.” Philip Ruddock. Read more: E522A?OpenDocument E522A?OpenDocument

What were these reforms that the government intended to instigate?

2006: Tony Abbott put forward a proposal for a “new paternalism” to replace self determination in Indigenous Affairs. Read more:

Describe this “new paternalism”. How was this received by indigenous groups?

TODAY: Where do we stand as far as Government policy is concerned?

United Nations Statement

“ All people have the right of self determination, by virtue of the right they freely determine their political status and freely pursue their economic, social and cultural development” Article 1, part 2, Covenant on Economic, Social and Cultural Rights