The Hon Robert Tickner
Minister for Aboriginal and Torres Strait Islander Affairs
Parliament House
Canberra ACT 2600
Dear Mr Tickner,
Warumungu land claim.
I have heard that it is possible that you will be handing over
title to the remaining area of the Warumungu land claim on or
around 22 October, 1992. Your Senior Advisor, Murray Chapman,
has written to me (14 Oct 92) saying that, given the benefits
which would result to Aboriginal people, you consider it
unjust not to grant this title under the 1976 Aboriginal Land
Rights (NT) Act.
No one can deny that there has, and continues to be, a great
injustice done to the Warumungu speaking people. The sooner
they are recognised as the human representatives for all of
their living country, the better life will be. However, it
will be merely another chapter in the process of colonial
dispossession if, in the name of recognising their
relationship to their country, they are in fact robbed of a
potentially stronger form of title - that which flows from
their own law as opposed to the highly prescribed rights which
flow from the bureaucratic delight of the Aboriginal Land
Rights Act.
You have not been able to answer the simple question of
whether or not the granting of title (to a culturally
inappropriate trust) under the Land Rights Act will result in
the extinguishment of any existing native title.
If there is any doubt about this matter, then it is your duty
by virtue of the fiduciary obligation of the Commonwealth
Government, and you as the relevant Minister, to ensure that
the existing rights of Aboriginal people are not arbitrarily
extinguished (I refer you to Toohey, J page 203-205 of the
Mabo decision).
An interim solution may be for the terms of the deed of grant
to have a clause which explicitly saves the rights (if any) of
Aboriginal people arising from native title. If this is
possible, the limited benefits of title under the Land Rights
Act could be passed on to meet your concerns for justice.
Please do not treat Warumungu/Alyawarra people to second
best. They are entitled (by law) to better.
Yours truly,
Bruce Reyburn