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Background
The High Court is hearing the Yorta Yorta's appeal
of the Federal Court's adverse native title determination on May
23-24.
The Yorta Yorta
had failed before Justice Olney to establish their continuing connection
with their traditional country around Barmah on the Murray River.
Justice Olney found that the ‘tide of history’ (past acts of dispossession,
forced separation etc) had washed away the Yorta Yorta’s traditional
laws and customs and thus any claim to recognition of contemporary
native title.
In a disturbing
development, the Victorian Bracks government has decided to actively
oppose the native title appeal in the High Court. This is despite
having criticised the previous Kennett Liberal government for fighting
the claim in the courts and despite having made an offer
to negotiate a settlement with the Yorta Yorta in 2001.
The Yorta Yorta
case highlights two significant issues:
- That any
benefits for Indigenous people that come out of native title are
going to be much harder to obtain for Indigenous people in New
South Wales and especially Victoria where there is much more 'freehold
title' deemed to have extinguished native title;
- That, following
the 'Mabo' decision, the interpretation of native title as it
has been applied to land has been limited and has not included
what is underneath it (ie, minerals) as well as other important
landscape elements such as surface and sub-surface waters.
Much of the
crown land in the Yorta Yorta native title application is the land
that runs beside the Murray River. Water, being a resource that
sits on top of that land and a primary source of opposition to the
claim by the State Government, local councils, and farmers' groups
(there were some 500 non-native title parties when the case began).
Action you
can take
1. If you're in Canberra, attend the High Court's
public gallery as an expression of solidarity with the people of
the Yorta Yorta clan. The appeal will take place on Thursday 23
and Friday 24 May.
2. Send an email
to Victorian Premier Steve Bracks to register your dismay at his
Government's refusal to negotiate on the Yorta Yorta application.
email: <premier@dpc.vic.gov.au>
3. Send an email
to NSW Premier, Bob Carr, urging him to enter into negotiations
with the Yorta Yorta over the claim.
email: <bob.carr@www.nsw.gov.au>
Further information
The
Yorta Yorta homepage -
The Tide of History - From the ABC website
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