Letter to the Prime Minister
from Gatjil Djerrkura OAM -Chairperson, ATSIC
The Hon John Howard MP Dear Prime Minister I am writing in response to your letter of 2 May about discussion with
the National Indigenous Working Group on your proposed approach to the
Wik decision. Your letter has been carefully considered by the members of the National
Indigenous Working Group and they have authorised me to convey this response
on their behalf. The National Indigenous Working Group remains grateful that you have
been prepared to take the time to discuss your proposals. However, the
Group's view is that the 10 Point Plan does not protect native title rights
and amounts to the effective extinguishment of native title rights recognised
in the High Court judgements on Mabo and Wik. In particular indigenous interests cannot contemplate the key elements
of your proposal relating to native title and pastoral leases, and the
dismantling of the Right to Negotiate. The Working Group has put forward
proposals in its published position, which accommodates the interests of
everybody, and we cannot understand why your Government is not prepared
to consider those proposals. Given that you have advised the Working Group that you are not prepared
to reconsider the key elements of your package, members consider that there
is little point in continuing discussions with yourself at this stage.
The Working Group is even more concerned about continuing discussions with
you following the announcement that the National Party would be able to
advocate extinguishment of native title on pastoral leases in the lead
up to the CabinetÕs decision. Up until now, the Working Group has appreciated the pressure that you
have been under from members of your Government to extinguish native title
on pastoral leases and we have appreciated your efforts to not succumb
to that pressure. However, the announcement that the National Party will
be able to continue to advocate extinguishment has led us to reconsider
our view. It appears to the Working Group that the Government is pursuing a strategy
in order that the 10 Point Plan can be cast in the public arena as a fair
and reasonable compromise. It is not a fair and reasonable compromise and
the Working Group will resist the plan being presented in that way. With
due respect, Prime Minister, our interest and native title rights are not
being treated in a just and fair manner. There is no respect being given
to our customary law or our unique position within the Commonwealth of
Australia in the way in which politics has shaped the 10 Point Plan. The Working Group remains prepared to negotiate a fair and reasonable
arrangement for co-existence with the Government. The position that the
Working Group has published constitutes exactly that and we ask that it
form the basis for future discussions with yourself. Yours sincerely Gatijl Djerrkura OAM 7 May 1996 STATEMENT BY GATJIL
DJERRKURA, CHAIRPERSON - ATSIC First of all, I must say that we have not yet received a copy of the
Prime Minister's 10 Point Plan. What we have been allowed to see so far has been nothing more than a
set of headline principles with little details. Indigenous people are very concerned by the Prime Minister's determination
to go ahead with his plan as it currently stands. Our negotiators have put forward detailed proposals to accommodate all
interest that we hoped would be seriously considered. But we do not believe that we have been given the opportunity to properly
discuss any of our proposals, much less those of the Prime Minister. Our position has always been that we will negotiate over the issues,
on the basis that there is no discrimination against our rights and interests. Our position has always been to seek a negotiated settlement. I am disappointed that the Prime Minister withdrew his invitation to
Noel Pearson and myself to address the meeting with the Premiers yesterday. I have always indicated my preference to discuss issues with all stakeholders,
and this would have been a useful opportunity for doing that. As it stands, the Prime Minister's plan is likely to do more to divide
the nation and cause unnecessary distress to appease a tiny minority of
the Australia's population. In particular, we are concerned about the Prime Minister's proposal
to allow the definition of Primary Production under the Income Tax Assessment
Act to be used to alienate Crown lands from the general Australian community.
This discriminates not just against indigenous people but all Australians. In the Prime Minister's plan, it appears that our rights are going to
suffer more than anyone else's. There is no reason to remove the right to negotiate from native title
holders, in relation to developments on pastoral leases. That right to negotiate was, in fact, a concession to indigenous interests
after the Keating Cabinet decided to deny native title holders a right
to veto mining development on their land. It is already subject to arbitration and ministerial over-ride. The pastoralists complain that they do not have this right so why should
Aboriginal people have it - but pastoralists have not been dispossessed
of their traditional lands. What is more worrying is that the Prime Minister appears to be about
to reward those states who have acted in defiance of Federal law since
the Native Title Act took effect in January 1994. The State and the Commonwealth government appear to be willing to place
a lot of confidence in the false claims made by the pastoral groups that
they are suffering handship as a result of the Wik decision. But there is no evidence of this. The High Court has guaranteed the
rights of pastoralists, and we have said repeatedly that we will confirm
pastoral rights wherever necessary. Pastoralists claim that their ability to raise finance for improvements
to their leases has been affected by Wik, but the report by the Australian
Institute of Valuers and Land Economists prove that this is an empty claim. Pastoralists and the National Party have taken upon themselves to attack
the High Court and the judiciary, for no better purpose than self-gain. We want to make it clear that we will pursue every means available to
protect our legal rights and entitlements. We will pursue our options through the parliament and the courts, we
will be putting our case to the public as well as to the international
community. The government has told indigenous people that it wants to see our communities
develop economic independence and to move away from reliance on government. Land is essential to that process. We cannot achieve the government's goal without access to land and our
cultures. We are still willing to negotiate but, at this moment, we have no evidence
of good faith, and no encouragement to do so.
Prime Minister
Parliament House
CANBERRA ACT 2600
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