The Guardian October 6, 1999


Indigenous sea rights

An historic conference in Hobart from September 28-30 on Indigenous sea 
rights brought together Indigenous people from across Australia as well as 
Indigenous leaders from Canada and New Zealand. Organised by the Aboriginal 
and Torres Strait Islander Commission (ATSIC), the conference was the first 
national summit on Indigenous sea rights. Its theme was, "What the sea 
means to Indigenous people".

The conference addressed a number of fundamental issues:

* What do indigenous people want from sea rights?

* What is to be their involvement in the management of the seas in the 
future?

* How can Indigenous people balance preservation of their cultural 
heritage, protection of the marine environment, and participation in the 
economic development of marine resources?

The conference also considered the various options available to Indigenous 
people to secure their rights to sea and other waters, such as court action 
and involvement in the formulation of government policy.

ATSIC Chairman Gatjil Djerrkura said it was time Australians rejected the 
absurd notion of mare nullius — that the waters off the coasts have 
no owners and that Indigenous Australians have no pre-existing sea rights.

"It has taken us 200 years to lay to rest, through Mabo, the enduring myth 
that we had no rights to land. Now it is time to bury the myth of mare 
nullius", said Mr Djerrkura.

"It is time for a full and ungrudging recognition of our sea rights, and 
time to get down to negotiating co-existence arrangements for the benefit 
of all Australians."

He said Indigenous rights should be addressed as a priority in the 
development of government policy and practices in relation to oceans — 
matters in which Australia lagged behind some countries.

"As well, there are international standards which provide for recognition 
and protection of rights in the ancestral seas and waters of Indigenous 
peoples."

Back to index page