Yunupingu, Galarrwuy; Japanangku, Rex Granites --- "The 20th Anniversary of Land Rights in the Northern Territory" [1996] AboriginalLawB 68; (1996) 3(85) Aboriginal Law Bulletin 4

The 20th Anniversary of Land Rights in the Northern Territory

by Galarrwuy Yunupingu and Rex Granites Japanangku

On 9 December this year, it will be twenty years since the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (`the Act') was passed by the Federal Parliament. This historic legislation has resulted in nearly 50% of the Northern Territory being returned to Aboriginal ownership, and the further development of a strong and viable political voice for Aboriginal people in the Northern Territory.

To mark the anniversary, the Central and Northern Land Councils, the statutory bodies established under the Act to administer its functions and represent Aboriginal land owners, jointly hosted an international conference on `Land Rights-Past, Present and Future' at Old Parliament House, Canberra, on 16 and 17 August 1996. The site was chosen for its historic significance, as the Act was passed there; many of the people attending the conference reminisced about time spent in the corridors of the old building in the 1960s, 70s and 80s, as Aboriginal organisations and representatives lobbied successive governments for protection of their rights.

The main focus of the conference was not intended to be retrospective. In the current climate of change and turmoil, it was decided that simply celebrating the past would be inappropriate. Instead, the intention was to consider what lessons can be learned from the struggles for land rights and the successes of the last twenty years, and to consider broader themes and current developments with some perspective.

We also recognised that the last twenty years have not been an unqualified success. Not all Aboriginal people in the Northern Territory have benefited from land rights and it would have been insulting and simplistic to suggest that they had. The conference aimed to identify the problems, the gaps and the unmet challenges, as well as the successes of the last twenty years. A key aim was to show that land rights have benefited all Australians, Aboriginal and non-Aboriginal.

A number of major themes shaped the conference.

First and foremost, land rights issues were highlighted. Northern Land Council Chairman Galarrwuy Yunupingu gave an historical background from the 1960s to the present day. Central Land Council Director Tracker Tilmouth reflected on the benefits that have flowed from land rights, but also the continued failure of governments to honour their commitments to Aboriginal people living on Aboriginal land. The importance of land rights to the achievement of social justice was discussed by the Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Dodson, who argued that Australia could not call itself a just nation without recognising Aboriginal land rights. Sir Edward Woodward, the first Land Rights Royal Commissioner, reflected on the implementation of his landmark reports in the 1970s, and reinforced the durable principles and features of Indigenous land ownership which guided his judgment and which are still relevant today.

The second theme was native title--a form of land rights which has its basis in common law. Professor Henry Reynolds spoke on the pastoral lease issue, while Noel Pearson's presentation of a conception of native title as the gap between Aboriginal law and Australian law attracted a packed house. Peter Yu, Executive Director of the Kimberley Land Council, discussed regional agreements and the options available to Indigenous people through native title and other processes.

The still-dispossessed--those people who have not benefited from land rights--formed another major theme. The stolen generation, urban Aboriginal people, and those dispossessed by the pastoral industry were included in the session which dealt with those whose rights are still to be addressed.

International perspectives on land rights were also canvassed. Two international guests, John Clarke from the Maori Justice Tribunal, Aotearoa/New Zealand, and Gordon Peters from the Chiefs of Ontario, Canada, shared their experiences of Indigenous land rights. Australian analysts also provided important discussion on the recourse to international measures which may be taken if current domestic policy continues to erode Aboriginal rights.

Economic issues were approached from two perspectives. First, Aboriginal economic development was canvassed by Northern Territory MHR John Ah Kit and Professor Jon Altman, who looked at successful strategies. Second, key industry representatives presented their perspectives on working within a land rights framework. Former Minister for Aboriginal Affairs, Ian Viner, chaired this session with speakers from Normandy Ltd, the Minerals Council of Australia, the Tourism Commission, the National Farmers' Federation, and other industry groups showing that development and land rights can co-exist.

The inclusion and involvement of women in land rights was considered by a distinguished group of women speakers. Professor Marcia Langton considered the changing nature of succession in Aboriginal land ownership, with the role of women becoming more important. Deborah Bird Rose and Annie Keely both discussed land claims and the development of the process over the last twenty years, from a paradigm of male ownership to one which recognises the role of women as land owners, land managers, and the transmitters of customary law and culture to successive generations. Northern Land Council Executive member Mary Yarmirr made the important distinction between the different and equal roles of Aboriginal men and women as land owners in traditional society, and their largely identical responsibilities in the political arena in the defence of land rights.

The area of sea rights was discussed from the perspective of both land rights and native title rights by a range of speakers. Northern Land Council lawyer Ron Levy looked at rights under the Act, and the potential for greater options through native title claims. A case study of joint sea management was presented by the Manbuynga ga Rulyapa committee.

Intellectual property and constitutional development were covered in other sessions which dealt with the rights arising out of rights to land and sea, and the pressing issues which Aboriginal people must address in these two areas. Michael Mansell and Father Frank Brennan gave us valuable perspectives on these themes.

Patrick Dodson, Chair of the Council for Aboriginal Reconciliation, and David Ross, Chair of the Indigenous Land Corporation, gave strong papers on future directions in land rights which highlighted the challenges which face us at the moment, the strategies which we might use to protect and defend our rights, and those to fight for the rights of those who are still dispossessed. Closing the conference, Galarrwuy Yunupingu encouraged the 400-strong audience not to be disheartened by recent political changes, but to keep working towards a `just and fair rearrangement' which will see Aboriginal people take their rightful place in Australia.

The range of issues raised was very broad, and it is clear that we could have made the conference a week long without exhausting the possibilities for fruitful and challenging discussions.

The full papers from the conference are available from the Northern Land Council for $25.00(phone

[phone]), and the key Aboriginal papers are to be published by the University of Queensland Press in a collection titled Our Land is Our Life early in 1997.

In all of our twentieth anniversary events and publications, our aim is to increase the knowledge and understanding of the Land Rights (NT) Act 1976 (Cth). While acknowledging that it has not achieved all things for all people, we are proud of its successes. In the current revisionist climate, we are seeking to reaffirm its value to the widest possible audience. We hope that the readers of the Aboriginal Law Bulletin will enjoy this small selection from the conference papers, and that you will continue to support land rights and the Land Rights (NT) Act 1976 (Cth).