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key indigenous australian issues
| home | news lNative title system means legal dispossession of Indigenous people
The effect has been to divide Indigenous people from governments and install a major obstacle to reconciliation. As the Justices themselves observed, it is not the Yorta Yorta people who are at fault in today's judgment, it is the pressure of colonisation that once again deprives Indigenous people of our birthright. Indigenous people have played by the rules, but the amendments to the Native Title Act imposed in 1998 under the 10 Point Plan have nailed down the lid on our hopes and aspirations. The burden of proof required of native title claimants under the amended Act is too high and is utterly unjust. It demands enormous expenditure on research and legal opinion that must be borne by claimants who then go into the courts to face fully funded opponents - governments and industry. In addition, the test of a continuous connection to land since occupation is onerous and unjust. The effects of the forced removal of our people from traditional country make it impossible for us to have their rights recognised. The mere closing of a pastoralist's gate can sever the connection with traditional lands, as we saw in the De Rose Hill claim. It is time for Aboriginal and Torres Strait Islander peoples to make it clear that we cannot support the current native title regime. I'm calling on Indigenous people to be strong and be proud and stand up for our rights. One of the choices for our people is to re-occupy their land and continue their traditional and cultural practices therefore reversing the onus of proof. It is time for governments to look at options that deliver justice to our people. It is time we negotiated a national land settlement acceptable to all parties. I call on the Prime Minister to take the lead on this. The governments in New South Wales and Victoria can make an immediate contribution by paying their own costs in this case, rather than further burdening Indigenous people. In closing, I wish to express to the Yorta Yorta claimants on behalf of ATSIC our deepest disappointment and feelings of frustration. Their spirit is admired by all Indigenous people. Geoff Clark Source: Aboriginal & Torres Strait Islander Commission (ATSIC)
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its one year on from the Australian Governments controversial intervention into NT Indigenous communities
action Roll back, listen to Indigenous community voices speaking about the intervention |
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12 December 2002 - Aboriginal & Torres Strait Islander Commission (ATSIC) Media Release - The High Court decision on the Yorta Yorta appeal proves once again that the native title system set up by the 10 Point Plan has been a complete failure for Aboriginal and Torres Strait Islander peoples.
