Native title in Australia

Native Title is a legal interpretation in Australia, which recognizes that in some cases the Aborigines have a continuing legal right to land that survived the colonization of the land by the British crown.

The native title can exist simultaneously with other non- indigenous property rights and in some cases several tribes of Aborigines may exercise the native title over the same land. It is an example of how the ownership interests can be shared, especially as two different legal systems on the same geographical, national and legal area can operate: Common Law and Common Law Aboriginal.

The National Native Title Tribunal ( NNTT ) is the organization that examines the claims of Aboriginal and Torres Strait Islanders, and finishes with other owners. Judgments are made by the Federal Court of Australia by a judge. Appeals against those judgments fare to the next instance of the Federal Court before three judges and, ultimately, may appeal to the High Court of Australia are inserted.

Collision of two legal systems

The traditional common law, which determined the lives of Aboriginal and Torres Strait Islander prior to colonization by the British, lasted in spite of the social changes brought about by the colonization continued in the lives of many indigenous Australians. However, it was only enforced directly by courts which is based on the English legal system Australian law.

Native Title is a legal interpretation, which is not part of the common law, but has been introduced to enforce recognition of the rights of indigenous Australians on land and water.

Chronology of events that led to the recognition of Native Titles

1946: Pilbara Strike

On May 1, 1946 an estimated 600 Aboriginal stockmen went on strike in the Pilbara Strike throughout northern Western Australia and refused to work until them a minimum wage of 30 shillings a week was guaranteed. Some had previously received food and clothes, but no payment; others were paid up to 12 shillings a week. Although it superficially dealt with better pay, it has strong aspects of a human rights movement, as the workers demanded not to be paid in cash and goods. Was organized the strike of Dooley Bin Bin and his friend Don McLeod, who advised him. The organization was a mammoth task as it required a communication to the drovers, who were distributed over the north to Western Australia. The strike lasted until August 1949 and is the starting point of the Aboriginal land rights movement.

1963: Yolngu Bark Petition

The Yolngu, an Aboriginal tribe in north-east Arnhem Land have a strong attachment to their traditional lands, their culture and their right ( Madayin ) maintained because the area is far away from the white Australia. In 1963 the government decided under Menzies, to forgive parts of this country to a bauxite mining company to mine bauxite. The so-called Yolngu Bark Petition The Yolngu in Yirrkala sent on tree bark (English: bark ) to the Australian House of Representatives to protest against it. The petition gained national and international attention and now hangs in Parliament House in Canberra as a reminder of the role of the Yolngu in the birth of the land rights movement.

1966 Wave Hill walk-off

Three years later, went on strike and left 200 cattle drovers of the Gurindji Wave Hill Cattle Station. Led by Vincent Lingiari, they demanded the same pay and conditions as the white farm workers, as they had previously only received a low wage or in kind. The nine- year-long strike led to a successful claim for the return of their traditional lands.

1971: Gove land rights case

When the Yolngu realized that their petition was not taken seriously by the politicians in Canberra, they brought their complaints to court in 1971. In the case of Milirrpum against the Nabalco Pty Ltd the Yolgnu lost this court case because Australian courts were bound to the Terra nullius principle, which recognizes no " previous rights." However, the judge acknowledged that the prosecutor had an established legal system and existed a traditional use of this land.

1976: Aboriginal Land Rights Act

All of these cases led to the Aboriginal Land Rights Commission, a Royal Commission was established, which examined the land rights from 1973 to 1974 in the Northern Territory. As a result of this investigation, the government of Malcolm Fraser issued in 1976, the Aboriginal Land Rights ( Northern Territory ) Act 1976, after it had been previously designed by the government of Gough Whitlam in 1975. This law laid the basis for ensuring that Aboriginal land rights for the first time, were entitled to based on their traditional habitation.

1981: Pitjantjatjara Lands Act

The Pitjantjatjara Lands Act 1981 of South Australia formed the basis for the country was handed over to the Pitjantjatjara. They had maintained a continuing connection to their traditional lands. As a result, this country acts the local Anangu Pitjantjatjara Yankunytjatjara Administrative Region was established.

1992: Mabo v. Queensland (No. 2)

In the judgment, Mabo v. Queensland (No. 2) of 1992, the concept of terra nullius by the High Court of Australia was rejected and thus the Murray Iceland slammed the Torres Strait Islanders in the Torres Strait. Judge Brennan said in his ruling: " The native title has its origin and its authorization by the traditional laws and customs that are observed and recognized by the indigenous inhabitants of an area. "

1993: Native Title Act

The recognition of the legal concept of a Native Titles with the Mabo judgment meant that the legislature under the government of Paul Keating the Native Title Act put into force a year later. This was an attempt to clarify the rights of landowners and enforce the process for claiming a Native Titles: The demand for land rights of Aborigines is independent of the native title and native title is not the same as land rights. Land rights are a new legal right, which " creates and granted " under Australian law must be. In a land rights claim indigenous Australians can lay claim to the land of the Commonwealth, State or Territory. Traditional interests of a country can be met and the indigenous tribes of legal property and the land be handed over.

Literature and links

• Native Title Act 1993
• National Native Title Tribunal
• Federal Court of Australia Native Title Infobase The Native Title Infobase includes selected material since 1839 until today.
• Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation
• Department of the Parliamentary Library ( 2003) The Mabo debate: a chronology ( accessed on 17 February 2009)

• Aboriginal
• Methodology of Law
• Policy ( Australia)