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Aboriginal Law Bulletin (ALB)
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Tonye, Phillip --- "Australian Conservation Foundation Position on Aboriginal Land Rights, in Reply to the Aboriginal Law Bulletin Editorial, June, 1987" [1987] AboriginalLawB 37; (1987) 1(27) Aboriginal Law Bulletin 7


Australian Conservation Foundation Position on Aboriginal Land Rights, in Reply to the Aboriginal Law Bulletin Editorial, June, 1987

by Phillip Toyne

While obviously in total agreement with the sentiments expressed in your Editorial (“Conservation, Environmentalism and Aboriginal Land Rights” [1987] AboriginalLB 20; 1(26)pg2) on the interplay of conservation and Aboriginal land rights, I feel you have severely underestimated the involvement and Australian Conservation Foundation has had in this issue and the developing role it is taking to generate close links between the environmental movement and Aboriginal groups in Australia.

There seems to be a misapprehension, inherent in your comments, that the ACF needs to have a formal policy in order to have a position on any particular issue. The process of formulating a Foundation policy is slow and in this instance involves detailed consultation with the National Federation of Land Rights. Pending the completion of that process we are actively speaking on the issue and putting the Foundation's views. A recent example being my involvement in the East Kimberley Land Use Conference in Kununurra where I indicated strong support for Aboriginal owned National Parks.

The ACF was involved prominently at an early stage in the Warlpiri land claim in 1979 when Nugget Coombes, as President of the ACF, appeared as a witness for the Aboriginal claimants over the issue of the Tanami Wildlife Sanctuary. Dr Coombes put the view that the wildlife conservation values of the area could be well protected under unconditional Aboriginal title. I was a Counsel for the claimants in that case.

Since then there has been a growing awareness in the Foundation that there is a need to develop the common links between environmentalists and the Aboriginal people. I intend to continue that process and accelerate it.

It is clear that many of the pressures placed on the environment from such land use applications as mining or tourist development place pressures on Aboriginal people and their right to hold and control their lands with minimal disturbance. It is absolutely essential that we have a clear understanding of our common aspirations and support each other in the preservation of cultural or natural values at risk from such activities. One realisation emerging in the environment movement is that Aboriginal land in north Australia, held under restricted access provisions, is rapidly emerging as some of our best protected wilderness and wildlife areas. We have a compelling vested interest in seeing that Aboriginal people are supported in protecting those areas.

A number of Council resolutions would be of interest to you. In November 1985 the Council supported the rights of traditional owners to own and occupy their land, under inalienable freehold title and to consult with Aboriginal organisations, communities and individuals to promote that result. They further resolved that in the interests of defending land of major conservation importance under Aboriginal control, the ACF publicly support the Aboriginal rights to veto mining on Aboriginal land. The resolutions were passed with the express purpose of supporting the transfer of Uluru National Park to its traditional owners.

In August this year, ACF's Council again considered a series of resolutions involving Aboriginal land matters. The first of these involved strong support for a proposal from the NSW Aboriginal Land Council that they should be able to seek title and joint management responsibility for areas in New South Wales currently earmarked for wilderness legislation. This is especially significant because the areas fall within the south east of Australia, long neglected in both the land rights debate and in the attempts of conservationists to establish dialogue with Aboriginal people.

The second was a resolution calling for an educational campaign within the conservation movement to explain the compatibility of land rights and conservation values and to encourage wider support for Aboriginal land grants.

The next was in support of Aboriginal traditional owners reserving title to the Bungle Bungle National Park in Western Australia, with participation in the management of the area, under terms acceptable to them.

Lastly, the ACF opposes mining and exploration activities in Rudall River National Park and condemns the WA Government acceptance of funding from CRA for a Plan of Management for the Park and supports Aboriginal traditional owners' aspirations to own and occupy the Park.

The Australian Conservation Foundation is actively working with Kimberley Aborigines on Bungle Bungle, particularly in regard to the Rudall River region and is in close liaison with Aboriginal groups over the proposed Plan of Management for the National Parks covering that region.

There are strong 'on the ground' connections between the ACF and Aboriginal organisations and aspirations. My own. long background in the land rights movement is but one example, and I have retained those links. A former ACF Vice President is on the Uluru Board of Management, an organisation which, incidentally, vividly illustrates the commonality of interests between the two movements.

Furthermore, two present Councillors are employed by Aboriginal organisations.

I do not underestimate the importance of close links and operational ties between the movements and the importance of using a green-black alliance to stem the tide of destructive elements in our society, but I feel your comments regarding 'gaps in ACF policy' did underestimate our involvement in the issue. I can assure your readers we are ready to stand up and be counted, and are firmly in support of Aboriginal aspirations for land and its conservation and environment planning.

Phillip Toyne is the Director of the Australian Conservation Foundation


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