Long Road

By all accounts the Native Title Consent Determination and ILUA signing in Tennant Creek today (3 Sept 2007) was an historic event. This is not hyperbole. This was the first Native Title determination over a town area in Australia, ever.

The day started with Judy Nixon Nakkamarra welcoming everyone to country in both Warumungu and English. Then Judge Mansfield set out the basis for the determination consent as an agreement between the Patta Warumungu people and the Northern Territory Government. This has been about eighth years in the making and even further when one takes into account the Warumungu land claim that began in 1978 under the Aboriginal Land Rights Act. Judge Mansfield noted this history:

“The land subject to this application could not be dealt with under the Aboriginal Land Rights Act because being in a declared township it was excluded by section 3 of that Act. Today, therefore, marks, in a sense, the completion of the process.”

Then he thanked the parties for their work towards the agreement:

“I’d like to congratulate the parties for coming together to reach the agreement which is to be entered into here today. I must say, as I am sure you know, it is sometimes difficult to reach agreements. It takes a lot of hard work and the development of mutual trust. Today is the realization of a long held dream for the Patta Warumungu people who didn’t have all their land interests and needs satisfied under the previous land claim process. I strongly commend the parties for persevering to make the agreement to be entered today into a reality. I am pleased to see so many of the claimant group and respondent parties here today to witness the realization of their efforts after so many years.”

In fact, “agreement,” “negotiation” and “collaboration” were the buzz words of the day in all the speeches (and i don’t play them down by calling them buzz words, in fact it was quite inspirational to see this type of work happen and come to fruition).

The Judge then made his recommendation to finalize the agreement, noting that:

“The agreed terms of the proposed orders are unambiguous and appropriate in the circumstances. To reach that conclusion I have been much assisted in understanding the connection of the Native Title claim group with their land by the commendably clear and comprehensive language the claimant application has been prepared. The uncontested statements in the application give the court some understanding of the laws and customs of the Patta Warumungu people as does the anthropological report of Mrs. Donaldson prepared by the Central Land Council. Mrs. Donaldson’s very helpful summary report sets out the Patta Warumungu people’s relationship with the country where we now sit, their traditional laws and customs as practiced before and around the time of sovereignty.”

Congrats to CLC and Susan Donaldson–way to go anthros!

Before the claimants came up to sign the agreement Judge Mansfield made one last observation:

“The final thing I would like to say is this: It is not the Court’s order which is granting the Patta Warumungu people native title. Rather, the native title has always been there.”

Could someone fax that to John Howard and Mal Brough…

More posts to come, but we have pujjali (men’s traditional dance) on tonight, so I have to run.

Photos below: