Demonising Native Title rights for indigenes

Following the decision by the High Court in the Wik case that a pastoral lease did not necessarily extinguish native title; and that, in some cases, some native title rights can survive the grant of a lease, farmers and pastoralists on Crown pastoral leases sought ‘certainty’ for themselves, by the federal government formally extinguishing native title.

Certainty also means the freedom to diversify their operations beyond the terms of existing leases. This would effectively make the leases de facto freehold, independently denying any native title right. Since many of the leases are reportedly already being used for a wide range of purposes, the question is how a pastoral lease, which is surely for pasturage of cattle, allowed full scale farming (as distinct from farming for sustenance). More intriguing was the claim that certain governments had ignored the law in granting mining leases.

The federal government then contributed to the panic that followed. What about our backyards, swimming pools, and tennis courts; can they take them too? This was asked by the newest demagogue then. The threat of Aboriginal intervention under native title will reduce the transfer value of the leases — this was yet another whinge. Apparently this has not happened yet. The federal government did little to allay these fears. Indeed, many of us realised that the government was actually fuelling irrational fears.

A white female pastoralist was reported in the late 1990s to have been fearful when her property was the subject of a native title claim by an Aboriginal community. She thought that, if successful, the Aborigines would simply take possession of her property. After she had met the claimants, she knew otherwise. Why had not the government or the media made this clear? Were they in cahoots with the powerful pastoralist lobby groups? It seems so.

She learnt that the Aborigines’ aim was co-existence.  They only wanted access to significant sites to conduct cultural activities for young people. She was quoted in the press as saying: “When sheep and cattle were moved in, the land the indigenous people lived off was badly affected. They had to find other ways to survive, and the problems were compounded by the aggressive acts of the pastoralists and the local white authorities. During the 1920s and 1930s indigenes were herded together in designated Aboriginal reserves, with little shelter and no water. The communities were split up, their culture fragmented. They gravitated towards the edges of towns … ended up outcasts, on the fringes of white society”.

Where politicians had promised ‘certainty’ to the pastoralists, she reportedly felt that she had been kept in the dark, misled, and betrayed. She was further quoted as follows: “… people like me were being used as tools, in what was obviously a political agenda being used to continue the hurt and dispossession of people who have been hurt their whole lives”; and “… there are people fanning the flames and spreading misinformation”.  She also quoted the Prime Minister of the day as claiming publicly that it would be possible for 78% of Australia to be under ‘veto’ (for development) by Aborigines. Has the government resiled from this ridiculous claim?

Her comment to that was: “I’ve no doubt that most Australians would have believed him. If I hadn’t informed myself, I’d have believed him as well”. Her final comments are noteworthy. “I did not hunt the (Aborigines) off their land: but what I have today I have partly because others did. If I inherited the fruits of the pioneers’ achievements, I also inherited a debt to those they dispossessed”.

That says it all. And what a wonderful human being — a beacon of light. This enlightened white lady has reached out to the Aboriginal people. She is also educating people in her situation about the need to work with Aboriginal people.

As asked by a respected academic in another, but comparable, context: “If lying comes to seem an acceptable political means to a worthwhile end, what will prevent democracy degenerating into a struggle between elites whose relationship to the electorate goes no deeper than the conduct of an auction …?” In any such auctions, the Aborigines will not be viable bidders.

(The above extracts are from my book ‘Hidden Footprints of Unity.’ Since the book was published only in 2005, I do not believe that the Australian Constitution will be mended any time soon to recognise the Australian indigenes as the First Nation Peoples of Australia.)    

 

 

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