![]() |
![]() |
||
People involved |
Perth National Native Title Tribunal On arrival at the Tribunal, Richard Wilkes, traditional owner, welcomed us to his country in the Perth area. ![]() We spent the day at the Tribunal and heard from its President Justice Robert French, about its role in determining Native Title claims and implementing the Native Title Act. He also explained Australia’s court system so that delegates could understand the context in which judicial decisions were made. While only three registrations of Native Title have been made, the National Native Title Tribunal has been active in mediation and the negotiation of many agreements. The Hon. Fred Chaney, Member of the Tribunal and former Minister for Aboriginal Affairs, spoke on the history of indigenous rights in Australia. Both speakers stressed that greater advances in resolution of Native Title could not be expected to unravel 200 years of a most problematic history in just a couple of years since the Native Title Act. ![]() We were given a background to the diversity of Aboriginal communities and the role the Tribunal plays in brokering between indigenous and non-indigenous groups by Edward Brown, Senior Communications Officer. A televised linkup was made with Case Manager Craig Jones in Mackay. He outlined the process and the central points in the Hopevale Agreement recently negotiated by the Tribunal. This was followed by a presentation of the right to negotiate by Allan Padgett Co-ordinator Future Act Unit. We were also given the opportunity to make a presentation to the Tribunal on Customary Title in east Africa. This was given by Justice Moijo Ole Keiwua, High Court judge from Kenya. Points particular to Tanzania were presented by Dr. Ringo Tenga, a lawyer and Senior Lecturer in law and member of the Legal Aid Committee in the Faculty of Law at the University of Dar es Salaam. Following these deliberations in a plenary session Tony Mc Rae, Director Research and Information at the Tribunal, listed a number of points that were central to the discussion on land rights on both continents. It was agreed that both parties would explore where and on what issues the Tribunal and the Delegation might link more formally in future collaborations. ![]() Briefing Miriuwung Gajerrong Case In the afternoon the Delegation was joined at the Tribunal by Chris Pullin QC and Michael Barker QC, Senior Counsel for the State of Western Australia (First Respondent) and Miriuwung and Gajerrong Peoples (First Applicants) respectively in Federal Court of Australia proceedings No. WAG 6001 of 1995. After a brief description of the background to the case and simple statement of issues we were given a short description by Chris Pullin QC of how proceedings in the case were conducted i.e. convening a ‘bush court’ and the involvement of aboriginal and expert witnesses. Michael Barker QC elaborated on the difficulties and time involved and resources needed in preparation of the case. We heard what constituted leading evidence and the Native Title issues involved. He also posed the question as to whether Native Title was protected at common law or by statute and referred to Northern Territory legislation and experience in relation to it. In a subsequent general discussion the point was made that Mabo was a ‘charter case’ that only settled matters of fact on the Murray Islands, and more generally confirmed principles that need to be applied in the rest of Australia. The lawyers amongst the delegation focused on the central issue of whether Native Title constituted property or, as is suggested by the Native Title Act, only conferred a specific right that fell short of property in the real sense. Counsel in the case stressed that the importance of the Miriuwung Gajerrong claim was that it would give substance to interpretation of the Act and would thereby inform all subsequent claims. NOTES PREPARED BY MICHAEL BARKER QC FOR THE LIMITED PURPOSES OF DISCUSSIONS WITH MEMBERS OF THE PILOTLIGHT "AFRICA/AUSTRALIA EXCHANGE"
That evening we were invited to a Symposium at the Centre for Ethics where members of the Delegation were able to
give a short overview of landrights issues in East Africa and the problems faced by their communities. After the
presentations the audience was able to ask questions and a lively discussion followed. |
||
![]() ![]() |
|||