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email the perth indmedia mob...
Perth Nyoongar native title claim upheld by Fed court - State to appeal |
| by Elliot_K - Perth Indymedia |
2006-09-20 2:26 PM +0800 |
PERTH INDYMEDIA - Tuesday, 19 September 2006:
The Western Australian Nyoongar people have successfully claimed native title over metropolitan Perth in a landmark court decision.
The indigenous owners of Perth WA and much of its surrounding area, have been granted traditional ownership of their lands by Perth Federal Court judge Justice Murray Wilcox.
A group of eighty Nyoongar people represented by the South-West Aboriginal Land and Sea Council (SWALSC), lodged the Single Noongar native title claim in the federal court in September 2003.
The decision makes them the first Aboriginal group to successfully claim Native Title over a capital city. Supporters say the decision is a long overdue recognition of the Nyoongar people's identity.
Justice Wilcox says the determination will not affect freehold or leasehold land or people's backyards.
However the state government rejects the Federal Court's decision... |
Perth Nyoongar native title claim upheld by Fed court - State to appeal
===============
The Nyoongar claim is one of the Australia's largest and covers 193,956 square kilometres, from Hopetoun in the south to north of Jurien Bay — an area three times the size of Tasmania. Federal Court judge Justice Murray Wilcox today said the Noongar people were the traditional owners of the whole claim area, excluding offshore islands.
In his findings, Justice Wilcox emphasised that "the vast majority" of private landholders in Perth would be unaffected by the determination, as native title did not affect freehold or most leasehold land.
"I have reached the conclusion that the Single Noongar applicants are correct in claiming that, in 1829, the laws and customs governing land throughout the whole claim area were those of a single community," Justice Wilcox told the court.
Justice Wilcox ruled the Noongar people continue to have native title of more than 6000 square kilometres, covering Perth and its surrounds.
The ruling means Nyoongar people can now exercise native title rights over land where native title has not been extinguished by "legislative or executive acts" such as freehold land. He says they will be able to maintain and protect significant sites in the area, and hunt, fish and gather food. They will also be able to use the land to teach traditional laws and customs.
The ruling would also give Nyoongars rights to access and carry out traditional activities such as fishing, hunting and maintaining sacred sites. Justice Wilcox urged the West Australian Government to avoid "expensive and time-consuming" litigation over individual parcels of land and instead discuss native title matters with indigenous claimants.
Nyoongar spokesman Robert Isaacs says the ruling is an important step forward. "We'll work in harmony with people, we'll work in harmony like we've always done," he said. "We're a very placid people, we're dignified in our approach to Aboriginal culture and our laws and our ways. That's what it's all about, give us an opportunity, give us a go."
Aboriginal leader Noel Pearson described the court's decision as "absolutely extraordinary", saying it completed the native title trilogy of "Mabo, Wik, and now Nyoongar" and demonstrated that native title was no longer confined to Aborigines in remote Australia.
Greens Senator Rachel Siewert also welcomed the announcement. "The Nyoongar community has faced an uphill battle to maintain their law and culture in the face of European settlement," she said. "It is a tribute to their strength and determination that they have survived policies that sought to remove their children, their language and their culture."
"Nyoongar language and culture are strong and experiencing a renewed resurgence. Now with their native title claim recognised they are in a much stronger position to continue their role as custodians of this land," said Senator Siewert.
More than 100 Noongar people and their supporters cheered and clapped as Justice Wilcox gave the ruling. The metropolitan area is part of a wider claim covering 200,000 square kilometres of the state's south-west, including major centres such as Bunbury, Margaret River and Albany.
But only hours after the judgment was handed down, WA Treasurer and Deputy Premier Eric Ripper told parliament "the state government does not accept today's ruling". The state Government is considering an appeal - which has disappointed the claimants. Mr Ripper says the decision is inconsistent with rulings in the High Court.
"It is only by appealing these inconsistent Federal Court decisions that we can achieve the necessary clarity at law," he said. "The State Government now has 21 days to consider its options, one of which is to appeal the decision."
The Chief Executive of the South-west Land Council, Glen Kelly, says native title has already been defined as a "bundle of rights". "It's a right to hunt, a right to camp, and a right to fish, a right to take care of sites, a right to care for country, these sorts of things, the sort of access to land and undertaking what people generally, intuitively know what traditional activities are."
Mr Kelly says members of the Noongar community would seek a role in the management of national parks or state forests. He says the Federal Court ruling should not have major implications.
"The judge said, look, this doesn't affect everyone's backyards. And he said that, I think, because we had some massive scare campaigns in the 80s and in the 90s in Western Australia, and the judge was very careful to say look, backyards are freehold land, and freehold title extinguishes Native Title. And, look, this has always been the case, since the Mabo decision," said Mr Kelly.
Glen Kelly says the state response is "really disappointing... We are of the opinion that, in particular Mr Ripper, who's the minister responsible for Native Title, has been receiving some poor advice ...the judge very clearly stated he finds that Native Title exists except where it has been extinguished. And in a capital city and the areas surrounding a capital city, that there's a large amount of extinguishment, and that in general life will go on as it currently is."
Liberal Senator Alan Eggleston has described the Federal Court's decision as "regrettable". He says the release of land for housing could be affected and encourages any moves by the WA Government to lodge an appeal.
Eric Ripper said there had been too much disruption to Nyoongar society for it to have survived in any meaningful way, and therefore their native title claim was not valid. He said the ruling was totally "inconsistent" with the fundamental native title.
SWALSC chief executive Glen Kelly said he was "astonished" by Mr Ripper's response. "I am absolutely shocked that he would react in such a way," Mr Kelly said. "We have no idea why the state is so vociferously opposed to Noongar people." He called on the WA government to now join the Nyoongar people in negotiating native title over the rest of the claim area, rather than continuing with litigation.
Between the 1870s and the 1940s the destruction of Nyoongar culture was almost complete through the enforced relocation of traditional landowners as required by government legislation.
Justice Wilcox warned that a determination of native title was "neither the pot of gold for the indigenous claimants nor the disaster for the remainder of the community that is sometimes painted".
Aboriginal leader Noel Pearson said the ruling restored native rights to Aborigines who lived in the cities and southern regions of Australia. "The Yorta Yorta decision was a complete bastardisation of the Native Title Act and Mabo," Mr Pearson said. "This decision brings native title absolutely back on track. Native title is not the preserve of the most traditional groups in northern and remote Australia, it is also the legal right of people in urban and southern Australia."
The judge dismissed an application by the state Government to strike out the claim, and ordered them to pay court costs. Glen Kelly says the decision was a breakthrough for Nyoongar people, but would not lead to any royalty payments or claims over prominent Perth landmarks such as St Georges Terrace or Kings Park.
"Freehold title covers most of Perth and the southwest and extinguishes native title but in remaining lands we will be able to conduct traditional activities and maintain customs," Mr Kelly said. "There is nothing to fear - this decision enables Nyoongar people and the state Government to begin talking to each other in a more constructive manner."
The Nyoongar decision is in stark contrast to a Federal Court ruling in April that rejected a claim over the Darwin metropolitan area by the Larrakia people on the grounds that they could not prove a traditional connection to the area. Another native title claim over the Yulara township at Uluru in central Australia also failed.
The Perth Federal Court decision has dramatically increased the bargaining power of native title claimants and cleared the way for claims over other capital cities. Now that native title has been found to exist in Perth, the onus falls to the Government to prove where native title has been extinguished.
Native title lawyer Christine Lovitt, said there was no doubt that all freehold and most leasehold land would be unaffected by yesterday's ruling. But without a compromise, the Government would have the massive burden of showing that native title had been extinguished on thousands of other parcels of land.
"It would be an absolute nightmare," said Ms Lovitt. She warned that even with all the resources of the state Government, it could take years to resolve doubts about each parcel of land."
The problem confronting the state Government has come about because the Federal Court dealt with the Nyoongar claim using a technique that has never before been successfully applied over a metropolitan area.
The court split the claim in two and dealt only with the threshold question of whether native title did, in fact, continue to exist in Perth.
-----
Kwodjungut nidja Wadjalla koorl ngalar Nyoongar balaba
Before this whiteman come our people they
kaaree wangkiny. Maarlukal iddiny balaba waangk - ngyne yung
spirit talk. In wild forest walking they talk - give me
yongka daartj ka ngyne yung noonaar walbrinniny. Nguluk kudidjiny
grey kangaroo meat or give me your healing. We understanding
ngalar moorital-kaarny koor-iddiny yukkininy nidja yongka ka
our family's spirit returning (and) driving this grey kangaroo or
ngalar demangar kaarny walbrinniny ngalakut. Yay balaba Wadjalla
our grandparents spirit healing us. Now they (the) whiteman
maarlukal barminy - beean dukaniny ka kalunginy. Windjarl ngalar
(the) wild forest knocks down - destroys - breaks or burns. Where (does) our
kaarny koorl yay ? Kenyak !! Moen Nyoongar kudidjiny nidja waangk
spirit go now ? Finished !! Few people understand this talk
ka kaaree wangkiny. Balaba Wadjalla ngalar koolunga borl barunginy
or spirit talking. They (the) whiteman our children stole (and) grab,
yay balaba borl barunginy ngalar kaarny. Boordoo nidja ngalar
now they steal grab our spirit. Later this our
nookert djinninginy kudidjiny ngalar deman kenyak balaba
sleep seeing - understanding our grannies finished - they
barminy ngalar maarluk ngalar kaarny koorl minditj.
knock down our wild forest our spirit goes sick.
=======================================
SOURCES:
Noongar native title claim upheld by fed court
http://www.nit.com.au/breakingNews/story.aspx?id=7792
Noongar people win Native Title over Perth
http://www.abc.net.au/am/content/2006/s1745134.htm
NATIVE TITLE RULING REJECTED
http://www9.sbs.com.au/theworldnews/region.php?id=131399®ion=7
WA NATIVE TITLE CLAIM UPHELD
http://www9.sbs.com.au/theworldnews/region.php?id=131391®ion=7
Perth area native title claimed
http://www.news.com.au/story/0,23599,20442751-421,00.html
Way open for other city claims
http://www.theaustralian.news.com.au/story/0,20867,20443390-601,00.html
Nyoongar people win native title over Perth
http://perth.indymedia.org/?action=newswire&parentview=31102
NOONGAR LAND - NOONGAR SPIRIT
http://www.schools.wafa.org.au/nyoongar.htm
The Nyoongar people of South Western Australia
http://www.multicultural.online.wa.gov.au/wppuser/owamc/march03news/noongar.html |
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The Alternative Liberal Party |
| by Mar Bucknell |
2006-09-21 12:48 AM +0800 |
We should all thank Eric Ripper for reminding us what a pack of reactionary and racist bastards the Labor Party really are.
Appeal against it, Eric? On what grounds? They're taking our land off us?!
And just before anyone gets carried away, Native Title is NOT ownership. Native Title acknowledges prior ownership and continuing cultural connection to that land. Even if full Native Title is given to Noongars, all it really means is that their connection to the land is recognised and they have the right to carry out hunting, fishing, food gathering and cultural practices on otherwise unused Crown land.
Nothing else changes.
Aborigines have gained a symbolic win, the rest of us have lost nothing. What the hell are all those racist headlines about? 'Perth "hit" by native title win' on the front page of the Australian today.
No one hit me today.
Link here
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Yes |
| by Elliot |
2006-09-21 12:57 AM +0800 |
Indeed. The Justice, the Nyoongars and anyone involved recognises that Native Title does little. Yet its almost always about the racist threat to your backyard.
TREATY NOW!
Link here
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Labor split over native title ruling - need we expect more? |
| by Mirror Man |
2006-09-21 1:58 AM +0800 |
Kim Beazley's support for an appeal against the native title over Perth has exposed rifts within the ALP.
Typically, the court decision has been slammed by the WA Labor government and provoked concern among politicians from both major parties, including Prime Minister John Howard and federal Opposition leader Kim Beazley.
Other Labor identities, particularly those identified with indigenous issues, have praised the judgement, however.
In today's The Australian newspaper, Mr Beazley is reported as saying he “obviously” supported the WA Government's plan to appeal against the ruling “because on the face of it, it does seem a different decision from decisions previously taken by the High Court”.
But ALP national president and Aboriginal leader Warren Mundine said he was disappointed by plans for an appeal, the newspaper reports.
The huniliation continues...
Here's how Aljazeera reports the issue:
http://english.aljazeera.net/NR/exeres/5B6FA7A3-D42E-41DC-8914-8318EFD9431C.htm
Link here
Add multimedia to story
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This claim wont affect residents |
| by Evan |
2006-09-21 10:57 AM +0800 |
Why do people get so upset?
The president of the National Native Title Tribunal, Graeme Neate, says the decision to grant a land claim over Perth will have little to no impact on residents.
The Federal Court has recognised the Nyoongar people as the traditional owners of the land and have granted them the right to use it for traditional purposes.
The West Australian Government has indicated it will challenge the decision and Prime Minister John Howard has not ruled out a Federal Government appeal.
But Mr Neate says the claim would only affect a small proportion of land, mainly vacant Crown land.
"The judge was quite clear in pointing out that the result here is not a pot of gold for the Nyoongar people nor is it a disaster for everybody else," he said. "He made it quite clear that the backyards of freehold title owners in Perth are unaffected by the claim."
When will all the racist mini-capitalists folk realise this!
Link here
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Realise |
| by Brode |
2006-09-21 10:59 AM +0800 |
People have got to start realising that Aboriginal people are Australian and are here to be part of the Australian community.
Link here
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Focus on reality - not froth n bubbles |
| by Suburban Worker |
2006-09-21 11:30 AM +0800 |
John Howard is concerned about the implications of the decision, while Attorney-General Philip Ruddock said he would back any appeal by the Carpenter state Government, presumably to the full bench of the Federal Court.
Is that an offensive yet classic Australian government response or what?
NSW Native Title Council member and prominent Aboriginal leader Mr Mundine said he was not surprised by WA Labor's move to appeal, but says he was disappointed.
"...people need to focus on the real issues," he said. "People should calm down and start looking at the benefits that could come out of this. I have not seen anyone outside of this Aboriginal community who have lost. This is a fantastic decision - it opens up a lot of help for a lot of indigenous people."
Indigenous leader and NSW Labor parliamentarian Linda Burney, said she was surprised the party had taken a position against the ruling.
"The thing people need to understand is that native title is a property right, like any other property right in Australia," Ms Burney said. "What this determination could mean is very positive outcomes for not only the indigenous community but the Australian economy."
Western Australia has 30,000 Noongar people, half the state's Aboriginal population. They are the country's biggest indigenous group.
Footballers Jeff and Polly Farmer and Nicky Winmar, actor and director Richard Walley and Miles Franklin Award-winning author Kim Scott are all Nyoongars.
There are many more.
Respect to country.
Link here
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The govt will reverse it all regrettabley |
| by Patrick |
2006-09-22 1:58 PM +0800 |
The Noongar claim will be reversed. John Howard makes the rules he will just make new ones.
Link here
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Noongar Native title and the Nature of Society |
| by kyangadac |
2006-09-24 12:08 AM +0800 |
Just thought I'd post a link to a longer article about the detail of Justice Wilcox' findings. I hope people will find it enlightening.
Link here
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