Native title attacked again in SA
By Emma Webb
ADELAIDE — The United Nations race discrimination committee has found that the federal Native Title Amendment Act (the so-called Wik bill) breaches the UN convention against racial discrimination.
But the South Australian government is seeking to use the powers the Wik bill gave to the states by reducing the "right to negotiate" and extinguishing native title in various ways. Its Statutes Amendment (Native Title No. 2) Bill 1998, introduced on December 10, goes even further than the native title amendments in destroying the rights of Aboriginal people.
The bill, amending eight different existing acts, is complex and far reaching. Among other things, it would:
- validate grants made in contravention of the Native Title Act 1993 between January 1, 1994, and December 23, 1996, the day the Wik decision was handed down;
- confirm that so-called "previous exclusive possession acts" extinguish native title; amendments to permit upgrades of pastoral leases are also expected;
- provide for "accelerated decisions", permitting the state government wider intervention in native title cases than the Commonwealth amendments provide for;
- provide for "conjunctive" agreements, which would incorporate exploration and production phases of mining into one negotiation process;
- limit the total compensation payable to native title holders to a "free market" equivalent;
- end the right to negotiate from the year 2000.
Organisations such as the Aboriginal Legal Rights Movement and Australians for Native Title and Reconciliation are very concerned about the impact of the legislation.
The proposed legislation is racially discriminatory. However, the commonwealth Racial Discrimination Act, which would otherwise prevent the bill passing, has been limited by the native title amendments. ANTaR SA is running a petition campaign against the proposals. For more information contact it on 8227 0170.