Wik Talks Ignore Fundamental Indigenous Concerns

23 April 1997

"The Prime Minister has consistently refused to discuss Indigenous proposals to accommodate the concerns of pastoralists and other interest groups, whilst respecting native title rights", said Mr Yu.

"Mr Howard has made it clear that he is not willing to negotiate on the right to negotiate - a right which is fundamental to the maintenance of Aboriginal rights to fully protect and enjoy our native title.

"On the other hand he wants Indigenous representatives to participate in a series of meetings that he wants to pass off as substantial negotiations. A salvage operation on a few points incidental to the main game does not represent a negotiation - it doesn't even pass muster as consultation".

"The right to negotiate is central to the Native Title Act - it is the means by which our native title rights can be protected. Without acceptance of that fact, our native title rights are gutted", said Mr Yu.

"The right to negotiate is not a concessionary grant on the part of government, to be taken away on a political whim - it is an intrinsic right of native title.

"The statutory right to negotiate provisions of the Native Title Act provide a process to deal with resource development and land use affecting native title by striking a balance between the rights and interests of native title holders and those of resource developers.

"The Prime Minister continues to assure pastoralists and the Queensland National Party that he will not let them down. The Premier of WA and the National Party clearly have an expectation that Mr Howard will meet their demands.

"It must be made absolutely clear that the 10 point plan is not a compromise position. It is not a fair plan. It is not a plan which respects the rights of native title holders.

"The Indigenous position is constructive, workable, and accommodating of all rights and interests - Why is the Prime Minister refusing to even discuss the proposal?

"The Prime Minister's proposals, irrespective of any tinkering around the edges, ultimately extinguish our native title rights", concluded Mr Yu.