The Guardian November 3, 2004


Cape York land rights win

Celebratory dances in the remote Cape York community of 
Aurukun heralded Federal Court recognition of native title rights 
in the Wik people's traditional country.

Justice Richard Cooper had earlier handed down two determinations 
recognising native title rights of the Wik and Wik Way peoples on 
more than 1.2 million hectares of land across the central Western 
Cape.

The determinations stem from the High Court's landmark Wik 
decision in 1996, which found native title could co-exists with 
pastoral leases.

They follow years of negotiations between traditional owners, 
pastoralists, commercial fishing interests and State and Federal 
governments.

Justice Cooper told hundreds of people gathered in the Aurukun 
community's recreational hall that all parties to the agreement 
should be given credit after mediating the issues in the claim.

"Ten years ago few people would have foreseen that the Wik 
litigation would end today in a consent determination", he said. 
"But through goodwill, the parties have achieved a mutually 
acceptable agreement which accommodates their particular 
interests."

The native title determinations are the first in Queensland to be 
made over pastoral leases and prompted a performance of 
traditional dancing following Justice Cooper's announcement.

Claimant Gladys Tybingoompa recalled dancing after the 1996 High 
Court decision, but said her old knees were not up to it today.

"I'm very proud and privileged to be still here to see the end 
result of this because we are tired of the struggle", Ms 
Tybingoompa said.

Many of the original claimants had passed away since the claim 
process began, but the large part of the job was done through 
recognition of her people's native title rights under white law, 
she said. "It will be passed on to my grandchildren. We should be 
proud today. We have made history", she said.

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Koori Mail Abridged

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