Native title claim for sea rights victory

Aboriginal and Torres Strait Islander people had a partial but 
significant High Court victory last week when the Court handed down its 
decision in an action by the people of Crocker Island (north-east of 
Darwin) who claimed native title rights over the seas that surround their 
Island.

The native title claim was strongly opposed by the Federal Government which 
asserted that Aboriginal law stopped at the water's edge.

The Court's decision is as significant as that of Mabo in that it has 
application in a number of other areas where the Aboriginal and Torres 
Strait Islanders have made claim for sea rights. About 120 such claims are 
pending.

While welcoming the decision Mary Yarmirr, who made the claim on behalf of 
her people, said: "we are disappointed that the High Court has not yet 
fully understood the extent of our rights to the seas. Australian law is 
still blind to the reality of our law, but we will use today's decision as 
a platform to fight for greater and stronger recognition.

"Our sea rights have now been recognised to a limited extent and the next 
step is to establish the full extent of those traditional interests to 
manage our traditional resources."

In a dissenting judgement, Justice Michael Kirby said that Aboriginal and 
Torres Strait Island sea rights are as strong as the rights found in the 
Mabo case and called on all governments to legislate to recognise and 
protect the extent of those rights.

Northern Land Council Chief Executive Norman Fry said that "this is an 
important first step. Further cases will now be run. We also plan to 
convene a National Seas Conference to bring all interests together and to 
talk about how we can work together."

The Crocker Island decision has also been welcomed by ATSIC chairman Geoff 
Clark who said that "the Federal Court had already told the [Federal] 
Government that it was wrong but it persisted with its argument [in the 
High Court] to have our rights extinguished at extraordinary cost to 
taxpayers."

Geoff Clark went on to say that "an incoming Government must be prepared to 
develop a national framework to resolve sea claims through negotiated 
agreements. In my view a national framework could be confirmed in a 
treaty."

The policy of the Communist Party on this question, adopted in 1978 says 
that "land rights [and this applies to sea rights as well] for Aboriginal 
and Torres Strait Islander communities to include full rights to minerals 
and other natural resources.

"Where natural resources can be used by the local community themselves, 
they should be Aboriginal or Islander communal property and profits from 
co-operatives set up to exploit them should be controlled and used by the 
local community."

This does not exclude communities making "voluntary agreements on leasing 
to take over the development of resources", says the CPA's policy 
statement.