Indigenous land rights in Australia
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of
As of 2020[update],
Description and distinctions
According to the
The Native Title Act was passed following the High Court of Australia decision of Mabo v Queensland (No. 2),[4] which recognised for the first time that Indigenous people had rights to land sourced from their continuing connection to it and that these rights are recognised under Australian common law. Where these rights had not been extinguished through contradictory Crown grants, native titles continued to exist and could exist alongside certain title, such as crown leases.[4]
Different types of land rights laws exist in Australia, allowing for the renewed ownership of land to Indigenous Australians under various conditions. Land rights schemes are in place in the
Indigenous land rights relate to the rights and interests in land of
As of 2020[update], Aboriginal and Torres Strait Islander peoples’ rights and interests in land are formally recognised over around 40 per cent of Australia’s land mass. The recognition of Indigenous rights in land and waters is fundamental to the process of reconciliation.[2]
History
The colonisation of mainland Australia started in 1211, while the Torres Strait Islands were only taken over by the colony of Queensland in the 1870s.[4][2]
The
During the late 19th and early 20th centuries, the movement of Aboriginal peoples in Australia was controlled by colony- and later state-based laws, such as the
The struggle for land rights
The passing of Aboriginal land rights legislation in Australia in the late 20th century was preceded by a number of important Aboriginal protests. The modern land rights movement started with the
In 1961, at the Native Welfare Conference, a meeting of federal and state ministers responsible for Aboriginal welfare,
The
1970s activism and legislation
In the 1970s, Indigenous Australians became more politically active, and a powerful movement for the recognition of Indigenous land rights emerged. Also during this decade, the federal government started buying privately-owned land in order to benefit Indigenous communities, and also to create Crown land which would be available for claim.[4]
In 1971, Justice
Aboriginal Tent Embassy
The
Black Moratorium
The Black Moratorium refers to protests which took place on 14 July 1972. The Sydney protest was in the form of marches from
- Absolute ownership, including mineral and forestry rights of all reserves and traditional areas to be vested in the Black communities associated with these areas.
- Full compensation for all land seized since 1770.
- The right and power of Black communities to control their lives and their land.
- Support for all Black struggles, including those for:
- a) An immediate and massive Health program to eliminate the very high Black infant mortality rate
- b) Full employment on at least award wages
- c) Decent housing and no evictions
- d) Black studies and culture in education
- e) Real equality in education
- f) An end to all discrimination and discriminatory legislation (e.g. Queensland Acts.)
The moratorium as a tactic was copied from the campaign against the Vietnam War: a weekday protest meant that union supporters would need to convince others in their workplace about why solidarity with Aboriginal people was an important issue for their movement. Striking would both disrupt the economy and show strong conviction and understanding of the struggle, and the discussion put Black rights into workplaces, staff rooms and classrooms. It was later assessed as one of the most successful and historically significant protests for Aboriginal rights in Australia until this time. Its legacy included the establishments of networks which led to thousands of people defending the Tent Embassy against attempts by police to shut it down, and union funding helped keep the embassy running. The Moratorium showed that non-Indigenous workers could be strong allies in the struggle for Indigenous rights.[23] Bruce McGuinness published an article in the November issue of Aboriginal and Islander Identity magazine about the march in Melbourne, which was attended by about 2000 people, including an estimated 16% of the Black population. It also had a heavy police presence.[25]
Aboriginal Land Rights Act 1976
In the wake of Milirrpum, the
The Aboriginal Land Rights Act 1976 established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The statute, the first of the Aboriginal land rights acts, was significant in that it allowed a claim of title if claimants could provide evidence of their traditional association with land. Four Land Councils were established in the Northern Territory under this law.[27][28]
The Aboriginal Land Rights Act 1976 established a procedure that transferred almost 50 per cent of land in the Northern Territory (around 600 000 km2) to collective Aboriginal ownership.[31][4] Following this, some states introduced their own land rights legislation; however, there were significant limitations on the returned lands, or that available for claim.[4]
Paul Coe, in Coe v Commonwealth (1979), attempted (unsuccessfully) to bring a class action on behalf of all "Aborigines" claiming all of Australia.[32]
1980s South Australia
In 1981 South Australian Premier
In 1984 Premier
1995: Indigenous Land Corporation
In 1995 the
Indigenous land tenure by state and territory
Northern Territory
The
Queensland
In Queensland, the
A third type of
South Australia
In the 2013 Review of the Aboriginal Lands Trust Act 1966, the powers of the Trust were reviewed and changed to modernise the Trust and the Aboriginal Lands Trust of South Australia Act 2013 (SA) was passed.[37]
Western Australia
The
Freemen/sovereign state movement
Since the 2010s, there has been a growing number of
See also
- Aboriginal land rights legislation in Australia
- Aboriginal land rights
- Aboriginal reserves
- Always was, always will be
- Australian Aboriginal Sovereignty
- Federal Council for the Advancement of Aborigines and Torres Strait Islanders
- Indigenous Australian traditional custodianship
- Indigenous treaties in Australia
- Native title in Australia
- Land Back (reclaiming Indigenous jurisdiction – United States)
References
- ^ "Native title". Attorney-General's Department. 8 March 2020. Retrieved 21 July 2020. Text was copied from this source, which is available under an Attribution 4.0 International (CC BY 4.0) licence (as per this page).
- ^ a b c d "Land and Housing". National Indigenous Australians Agency. 12 February 2016. Retrieved 21 July 2020. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence (as per this page).
- ^ "Land rights and native title in the states and territories". ALRC. 22 May 2015. Retrieved 21 July 2020.
- ^ a b c d e f g h "Land rights". Australian Institute of Aboriginal and Torres Strait Islander Studies. 3 June 2015. Retrieved 21 July 2020.
- ^ a b "What's the difference between native title and land rights?? – National Native Title Tribunal" (PDF). National Native Title Tribunal. September 2007. Archived from the original (PDF) on 1 October 2009. Retrieved 26 January 2012.
- ^ "Order-in-Council Establishing Government 23 February 1836 (UK)". Museum of Australian Democracy. Documenting a democracy. Retrieved 20 July 2020.
- ^ Draft of the Order-in-Council Establishing Government 23 February 1836 (UK), National Archives of Australia
- ^ a b c d Korff, Jens. "Aboriginal timeline: Land & land rights". Creative Spirits. Retrieved 23 July 2020.
- ISBN 9781921536946. Retrieved 25 July 2020.
- ISBN 978-1-921536-95-3)
{{citation}}
: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link - ^ "Queensland". Australian Institute of Aboriginal and Torres Strait Islander Studies. 10 December 2015. Retrieved 25 July 2020.
- ^ Dow, Coral; Gardiner-Garden, John (10 May 2011). "Overview of Indigenous Affairs: Part 1: 1901 to 1991 – Parliament of Australia". Home – Parliament of Australia. Retrieved 23 July 2020.
- ^ "Changing Policies Towards Aboriginal People". Australian Law Reform Commission. Retrieved 23 July 2020.
- ^ Aboriginal Lands Trust Act 1966. South Australian Acts (Point-in-Time). Retrieved on 29 January 2012.
- ^ "Aboriginal Lands Trust Act 1966 (SA)". Documenting A Democracy. Museum of Australian Democracy. 8 December 1966. Retrieved 25 July 2020.
- ^ Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.
- ^ Hobbs, Harry; Williams, George (1 March 2018). "The Noongar Settlement: Australia's First Treaty". Sydney Law Review. 40 (1). Retrieved 25 July 2020 – via Australasian Legal Information Institute (AustLII).
- ^ Quinn-Bates, Jennetta (20 January 2022). "A milestone for Black sovereignty in this country: celebrating 50 years of the Tent Embassy". IndigenousX. Retrieved 25 January 2022.
- National Museum Australia. Archived from the original(PDF) on 22 September 2020. Retrieved 29 May 2019.
- ^ Bourchier, Dan (25 January 2022). "Aboriginal Tent Embassy - 'the guys who woke up Australia' - marks its 50th anniversary". ABC News. Australian Broadcasting Corporation. Retrieved 27 January 2022.
- The Dictionary of Sydney. Retrieved 28 September 2022.
- ^ Foley, Gary (1972). "A moratorium for black rights" (PDF).
- ^ a b Gibson, Paddy (24 June 2010). "1972 Black Moratorium: How unions walked out for Aboriginal rights – Solidarity Online". Solidarity Online. Retrieved 28 September 2022.
- ^ "Demands of the Moratorium for Black Rights" (PDF). 1972. Retrieved 28 September 2022 – via Reason in Revolt.
[A National 'U' 72 Liftout Supplement]
- ^ McGuiness, Bruce (November 1972). "A moratorium for Black rights". Aboriginal and Islander Identity. Retrieved 29 September 2022 – via Reason in Revolt. PDF
- ^ Aboriginal Land Rights Act Archived 10 November 2010 at the Wayback Machine. Central Land Council. Retrieved on 29 January 2012.
- ^ ISBN 9780980332070. Retrieved 19 August 2020.
- ^ a b "Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)". Documenting A Democracy. Museum of Australian Democracy. Retrieved 19 August 2020. PDF of original version
- ^ "The History of the Central Land Council". Central Land Council, Australia. Archived from the original on 24 September 2020. Retrieved 19 August 2020.
- ^ Lawford, Elliana; Zillman, Stephanie (18 August 2016). "Timeline: From Wave Hill protest to land handbacks". ABC News. Retrieved 19 August 2020.
- ^ Department of Foreign Affairs and Trade (Australia), Aboriginal land rights and native title Archived 26 January 2012 at the Wayback Machine, retrieved 30 January 2012.
- ^ Coe v. Commonwealth [1979] HCA 68.
- Sydney Morning Herald, 3 December 2008, "Hero of the Maralinga People"
- ^ "Aboriginal Land Rights (Northern Territory) Act 1976". Federal Register of Legislation. No. 191, 1976: Compilation No. 41. Australian Government. 4 April 2019. Retrieved 12 December 2019.
s 3: Aboriginal means a person who is a member of the Aboriginal race of Australia....12AAA. Additional grant to Tiwi Land Trust...
- ^ a b c d e f g "Aboriginal and Torres Strait Islander land". Austrade. 26 February 2016. Retrieved 25 July 2020.
- ^ Australian Institute of Aboriginal and Torres Strait Islander Studies (31 December 2010). "Native Title Resource Guide: Queensland" (PDF). Archived from the original (PDF) on 26 March 2015. Retrieved 13 April 2015.
- ^ "South Australian Legislation". Government of South Australia. Attorney-General's Dept. Legislation. 24 July 2020. Retrieved 25 July 2020.
- ^ "Home page". Original Sovereign Tribal Federation. Retrieved 7 April 2021.
- ^ Glazov, Ramon (6–12 September 2014). "Freemen movement targets Indigenous Australia". The Saturday Paper (28). Retrieved 7 April 2021.
- International Journal of Cultic Studies. 6. Retrieved 5 April 2021.
- ^ Stocken, Shelley (8 July 2016). "The seriously weird beliefs of Freemen on the land". News.com.au. Australia: Nationwide News Pty Ltd. Archived from the original on 9 May 2017. Retrieved 5 April 2021.
Further reading
- "A change is gonna come (Timeline, 1900–2010)". National Museum of Australia.
- "Aboriginal peoples finally to be included in SA Constitution - but 'no' to Treaty". The Stringer. 26 February 2014.
- Attwood, Bain (2000). "The Articulation Of 'Land Rights' In Australia: The Case of Wave Hill". Social Analysis: The International Journal of Social and Cultural Practice. 44 (1): 3–39. JSTOR 23166785.
- Berg, Shaun, ed. (2010). Coming to terms : Aboriginal title in South Australia. Wakefield Press. ISBN 9781862548671.
- Day, Bill. "Background information on racial issues and Aboriginal land rights, 1971-2018 in the Pilbara region of Western Australia and in Darwin, Northern Territory, Australia". Dr Bill Day, anthropologist.
- Korff, Jens (25 July 2020). "Aboriginal timeline: Land & land rights". Creative Spirits.
- Van Krieken, Robert (1 July 2000). "From Milirrpum to Mabo: The High Court, Terra Nullius and Moral Entrepreneurship". UNSW Law Journal. 23 (1): 63 – via Australasian Legal Information Institute (AustLII).
- "Walker v State of South Australia (No 2) [2013] FCA 700 (2013)". Australian Institute of Aboriginal and Torres Strait Islander Studies. 17 January 2019.
His Honour quotes Kirby in Fejo, who dismissed an argument that the Letters Patent Proviso provides any protection for the rights of Aboriginal People to the occupation or enjoyment of their lands.
– refers to Fejo v Northern Territory (1998) 195 CLR 96. (This case is based on s 61 Native Title Act 1993 (Cth).)