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Native title in chaos: report

Reports by Charlie Wilson-Clark

21 March 2003 - Reconciliation and native title have dropped off the national agenda and been replaced with an antagonistic and adversarial approach to indigenous policy, according to the national watchdog for social justice.

Aboriginal and Torres Strait Islander social justice commissioner William Jonas, who tabled his annual reports on native title and social justice in Canberra yesterday, called on the Federal Government to lift its game.

“The policy approach of governments remains full of inconsistencies, ad hoc developments and commitments that not only remain unmet but which are not adequately supported by institutional developments,” he said.

“Even the main issue that the Government has committed to - addressing indigenous disadvantage - lacks direction.”

Dr Jonas commended some aspects of indigenous policy, such as commitments to partnerships, but said there had been no consistent progress in the past year.

He said native title should have emerged as a vehicle for traditional landowners to enjoy their culture and property rights. Instead, it had been crystallised as a barrier to those rights.

Recent High Court decisions, including the East Kimberley Miriuwung-Gajerrong case and the Victorian Yorta Yorta case, showed it was easier to extinguish native title than prove it existed.

Dr Jonas said it was time to re-evaluate native title and amend the legislation so it was consistent with Australia’s international law obligations.

Indigenous Affairs Minister Philip Ruddock said in a joint statement with Federal Attorney-General Daryl Williams that the reports failed to recognise the Government’s commitment to redressing indigenous disadvantage.

They said $2.5 billion had been spent on indigenous specific programs and services with about $1.1 billion provided through ATSIC.

ATSIC WA central zone commissioner Terry Whitby welcomed the reports and said Dr Jonas gave an accurate and depressing message about the state of indigenous affairs.

He said the Native Title Act had “lined the pockets of lawyers and it is not worth the paper it is written on”.

Reconciliation Australia co-chairman Fred Chaney said practical reconciliation still had to be achieved but there were some areas of Government policy that could be commended.

Source:The West Australian

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