Native Title in Australia (Chapter 11)       Return to Unit List

In Australia, as in several countries, the rights of indigenous people are rooted in a complex and emotional history, and one that is highly geographic because of the connection of its indigenous people to the land. In the continuing story of the struggle for indigenous rights and reconciliation in Australia, let us focus on the concept of Native Title, an act passed in 1993 that provides a way for Aborigines and Torres Straits Islanders to have full legal rights to their ancestral lands.

First, read a BBC human rights case study for an overview of the issue.

We learn that the realization of Aboriginal rights pertaining to land is a relatively recent development in the over 200 years since British colonization in Australia.

A much more detailed account of the key events surrounding Australia’s Native Title Act--including the Mabo case, the Wik decision, the 1998 amendment--can be found in this summary by Melbourne anthropologist Rod Hagen: Native Title

The National Native Title Tribunal provides this much briefer summary: What is Native Title?

As you scan these documents, be sure to read the about the Native Title Act as well as the descriptions of the Mabo and Wik decisions.

After perusing these websites, answer the following questions:

• What is meant by the term terra nullius?
• How has the Native Title Act altered the way Australia’s vast lands are viewed legally?
  
  

There is a great deal of information on the web concerning Native Title – most of it provided either by the Australian Government, or by Aboriginal Rights advocacy groups. There are also, however, some groups such as mining or pastoral interest groups that have also provided information about Native Title for their constituents. Some of these sites include:

• The Western Australia Chamber of Minerals and Energy statement on Aboriginal Affairs
• The Australian Association of Mining and Exploration Companies policy on Native Title and Aboriginal Affairs
• The Australian Local Government Association’s Native Title Resources Page
• “An Aboriginal Perspective on the Land Debate” by Wesley Aird
• The Australian Human Rights and Equal Opportunity Commission’s page on the Racial Discrimination Act and Native Title
• The Native Title and Land Rights page from Australians for Native Title and Reconciliation
• For a general review of what one needs to receive Native Title Determination , see this information on the Australian Federal Court Web site.

Activity #1 – Applying for Native Title

Imagine you are an Australian Aborigine or Aboriginal Group applying for this first step in the Native Title process.

• What benefits can be gained from receiving Native Title?
• Will the designation be worth all of the trouble involved? Why or why not?
• What resources are needed to establish and map the land boundaries of your claim?
• How would you go about researching other claims to the same land?
• What sort of evidence of your heritage and traditional practices do you need to provide to show rightful claim?

Activity #2 – Pastorlists and Native Title claims

One of the more contentious areas of Native Title has been over the question of the user rights of pastoralists. This was the issue that resulted in the Wik decision and the 1998 amendments to the Native Title Act. To get a sense for some of the issues involved, read this news report about a pastoralist forum on Native Title.

• Do you think there’s a conflict between Aboriginal and pastorlist rights? How should this conflict be resolved?
• Assume a debate between two parties representing the interests of pastorlists and Aboriginals over Native Title land claims – how would you construct the arguments on each side of this debate?