In a landmark decision, a formal court hearing held on September 27 by the Australian Federal Court in the Parnngarr rock holes in the Western Desert concluded with the return of 53,000 square miles of land to the Martu people. This is the largest land concession to Australian Aborigines since the government began settling indigenous land claims 10 years ago, following a court ruling that rejected the notion that Australia was uninhabited before the arrival of European colonizers in 1788. The returned land includes sections of the Gibson and Great Sandy Deserts and is equivalent to the size of England.
The decision to formally recognize the Martu as the traditional owners/inhabitants of the land marked the end of a six-year struggle to prove their claim. The Martu were established in the region long before colonization, but with the promise of access to new food supplies led many to migrate to mining towns in the south. In the 1950s the remaining Martu were removed from the region by the British government to clear the way for the testing of intercontinental ballistic missiles. The Martu’s absence from their ancestral territory lasted 30 years, until a “homeland movement” drew many back to the region, where they established the small communities of Parnngur and Punma.
The Martu make up a small fraction of the estimated 400,000 Australian Aborigines, numbering somewhere between 1000 and 2000. However, even with their small numbers the Martu speak 12 distinct Aboriginal languages. The return of their homeland allows the Martu to continue their traditional lifestyle, hunting kangaroos and bush turkeys, gathering food and fishing. The Martu also harness a wide range of the land’s natural resources, including ochre, soils, and various products derived from fauna and flora. The land holds significant spiritual value for the Martu; they are now assured of access to sites important to their “Dreaming” rituals.
Even though the Martu have received title to a large portion of their traditional lands, the decision remains somewhat controversial. The concession does not grant the Martu rights to minerals and petroleum in the region or control of the Rudall River National Park. The exclusion of the park is a particular disappointment to the Martu communities. Acting Premier Eric Ripper commented, referring to the Martu, “They have an interest in the land covered by the Rudall River National Park and it was expected that the land could be part of the native title determination.” Mr. Ripper added that the state government might negotiate with the Martu and agree to manage the park jointly with them, thus granting them control over Martu lands that fall within the park’s boundaries.
The mining and land restrictions on the settlement are based on previous court rulings. In 1994 the Miriuwung-Gajerrong tribe’s claim to an area in northwestern Australia was rejected, with the court ruling that mining concessions, mineral deposits, grazing leases and natural gas reserves supersede native title rights. Aboriginal leaders have described the ruling as “offensive and discriminatory” and are pressing the Australian government to develop more equitable methods for managing and sharing Aboriginal lands.
