Tears of joy as land struggle comes to end

"Like every state and territory, like the Commonwealth, Victoria grievously wronged the first people of this land. Dispossession was no accident of history, but indeed, as we know, it was a deliberate policy: one of violence, one of suppression, one of intentional estrangement from country … We are complicit in this, unless we find ways to set it right."

THEY call themselves the Fighting Gunditjmara, and the perseverance that they pride themselves on has paid off in spectacular fashion.

The Gunditjmara of south-west Victoria yesterday became the second indigenous group in the state to have native title rights recognised after the Federal Court gave its "big white fellas' stamp" — to use Justice Tony North's words — to an agreement between the Gunditjmara, the state and many stakeholders.

Justice North's determination ended more than a decade of emotional toil. The Gunditjmara, who number about 3000, now enjoy rights over 2000 parcels of Crown land and waters in the Portland region covering 140,000 hectares. This is much bigger than the area covered by the 2005 native title determination in the Wimmera region. The rights of the native title holders, including access, camping and fishing rights, are non-exclusive and do not affect non-indigenous rights and interests.

For elders, the day was an occasion for joyous tears. "I never thought I would see this day," said "Auntie" June Dill, born 77 years ago on her people's land at Lake Condor mission.

Another elder, "Uncle" Johnny Lovett, 59, gestured to the hundreds of Gunditjmara people who gathered at Mount Eccles National Park for the court hearing.

"There are probably a lot of these kids who have never put foot in this area before today," he said. "They know now that they can come back in this country and they are officially home."

The path leading to yesterday's determination was long and tortuous. The case was in the court system for 11 years, involved 155 participants, 75 court dates and an unknown number of mediation dates involving parties ranging from governments and power companies to fishing operators and beekeepers.

The turning point, after nine fruitless years, was possibly a hearing in 2005, when the Federal Court travelled to the claim area to hear evidence from Gunditjmara elders. There, the Gunditjmara's connection to the land became clear: the court heard of the existence of "fish traps" used to catch eels and fish for thousands of years, and the remains of ancient stone huts that marked the Gunditjmara as a group of settlers rather than nomads.

At that time, Justice North said: "In light of what I have seen, and in the view I have formed … of the strength of the (Gunditjmara's) case, I am not prepared to see this case meander on for very much longer."

Intensive mediation followed and the matter was finally resolved through agreement rather than litigation. Many said yesterday that indigenous groups in Western Australia and Victoria's Yorta Yorta had not been so lucky.

"This type of outcome is important as it represents people sitting down together to talk and come to agreement," said Damein Bell, chairman of the Gunditjmara's representative body. Yesterday's hearing involved a mix of Aboriginal and Anglo-Saxon traditions. Painted dancers entered the courtroom, a marquee, and greeted the formally robed lawyers and judge with chants. A possum-skin coat adorned Justice North's bench. When the judge signed his official orders, Australia's 100th native title determination, the crowd applauded.

Justice North described yesterday as a "coming together of two legal systems" that would be remembered "many years hence as to what Aboriginal people can achieve".

After the hearing, state Attorney-General Rob Hulls addressed the gathered hundreds with words reminiscent of former prime minister Paul Keating's Redfern address.

"Like every state and territory, like the Commonwealth, Victoria grievously wronged the first people of this land. Dispossession was no accident of history, but indeed, as we know, it was a deliberate policy: one of violence, one of suppression, one of intentional estrangement from country … We are complicit in this, unless we find ways to set it right."

From Canberra, federal Attorney-General Philip Ruddock said the recognition of the Gunditjmara's rights "highlights what can be achieved when participants in the native title system work together".

Members of the Gunditjmara reflected on their achievement and spoke of the future. "We can now leave a legacy to our children," said Mr Lovett, "and that legacy is Gunditjmara country."

http://www.theage.com.au/news/national/tears-of-joy-as-land-struggle-comes-to-end/2007/03/30/1174761754745.html