In response to a recent article in The Conversation, we spoke with Evolve’s co-Directors Carla Rogers and Aunty Munya Andrews about land ownership and the role it plays in Practical Reconciliation.
The article Truth Telling and Giving Back, examines the movement among non-Indigenous Australians and Americans to critically examine their family histories as a way of re-examining the impact of centuries of dispossession and slavery of Indigenous peoples.
In the article, there are stories of families discovering the atrocities of their ancestors and seeking to make amends with Aboriginal people, including through the return of ill-gotten lands.
Returning Land Rights are Essential to Reconciliation
Tom and Jane Teniswood are an example of this land rights movement in Australia. In 2019 they returned half of their 220-acre property in Tasmania to the local Aboriginal community. The Teniswoods advocate individual action over national government Reconciliation efforts for land rights, saying “Reconciliation is great but it is so much talk, so many documents and so little action. This is just a symbol of action.”
Some Australian organisations have also included the return of land as a meaningful part of their Reconciliation Action Plan (RAP). When the building materials company Boral, returned a parcel of culturally significant land earlier this month, CEO and Managing Director, Zlatko Todorcevski, stated: “We are a proud Australian company, and as we celebrate Boral’s 75th anniversary, we proudly acknowledge today’s achievement and what it means to the Wadawurrung People. This is just one aspect of the work we are doing to demonstrate our commitment to Reconciliation.”
Both Aunty Munya and Carla acknowledge land rights is a vexed issue in Australia, “It’s what I’d call a ‘hard yarn’ but necessary if I’m going to walk my talk as an ally,” notes Carla.
Carla and Aunty Munya have both owned land in the past but, for a variety of reasons, now rent.
“I find the concept of land and home ‘ownership’ exceptionally conflicting,” admits Carla.
“The idea of home ownership is so ingrained in the white Australian fabric and a massive part of my cultural identity.”
For most Australian people, home ownership is considered the ultimate goal and when achieved is a source of great pride and accomplishment. Land is both a major part of the household balance sheet and the Australian economy.
But, with national land prices continuing to soar, the ‘Australian Dream’ of home ownership is looking increasingly out of reach for many people. Particularly for the next generation of Australians and those without the benefit of an inheritance.
Aunty Munya invites us to critically examine the long-held but erroneous view that home and land ownership is a source of accomplishment, earned through hard work.
“Everybody works hard,” she observes, “not just those lucky enough to own land.”
“The most hard workers in the community are the poor and the working class, not those privileged by family connections and bestowed legacies.”
The Indigenous Perspective on Land Ownership
From an Indigenous perspective, land is not something that is earned by a few, land belongs to everybody or, more accurately, we belong to the land.
Aunty Munya explains, “Many Indigenous peoples the world over generally do not believe that anyone or anything can be ‘owned’, especially the land.”
“Rather than ‘owning’ the land, we believe that we belong to the land, in which there is no concept of individual ownership but rather one of joint belonging, collaboration and care of the land. What is more, land is not regarded as a non-human entity but rather as family whose obligations and responsibilities are determined by kinship ties.”
Navigating Acknowledging Country and Land Rights
Australian people are now familiar with the practice of Acknowledging Country at meetings and events and are increasingly aware of the special connection to the land that Aboriginal and Torres Strait Islander people share.
Some question the hypocrisy of acknowledging First Nations people as the Traditional Owners without taking any action to return land back to the native people or provide meaningful compensation.
Aunty Munya explains, “Acknowledgement of Country is steeped in traditional Aboriginal protocol and customs. We invite all Australians to do an Acknowledgement as a way of being respectful and of showing respect to our Ancestors and their descendants.”
“My own personal view”, shares Aunty Munya, “is that these are everyone’s Ancestors, not just of Aboriginal people. They are the ‘Ones Who Came Before Us’ and their spirits remain in the land, which is why Country is so sacred.”
“For me, there is no hypocrisy when it is genuinely done in good faith and with love in people’s hearts.”
How to Acknowledge Country
Acknowledging Country is one way for individuals to demonstrate their Allyship to native Aboriginal people.
- We regularly publish articles and videos to our blog providing information and practical steps anyone can take to become an ally to Aboriginal people
- Our downloadable Calendar of Significant Indigenous Dates provides important opportunities to acknowledge the trials and celebrate the resilience of the world’s oldest surviving Indigenous culture
- Acknowledgement of Country Cards ensure you always have the right words to hand
- Our book, Practical Reconciliation is a proven valuable resource for individuals, communities and organisations interested in learning more about reconciliation with Aboriginal people.
Both Carla and Aunty Munya agree that our national government and private corporations are in a position to do much more than most individuals and sadly, there are many examples of hypocrisy with land rights.
“Governments often make mistakes and are hypocritical when they abandon programs like Closing the Gap or fail to facilitate Native Titles,” agrees Aunty Munya.
Carla adds, “It’s also hypocrisy when organisations have expressed a commitment to Reconciliation, but then not appropriately funded actions within a RAP, or are taking actions that cause damage, like the destruction of sacred sites we’ve seen so much of in recent times.”
- Anyone can support the Uluru Statement From The Heart – an invitation to the Australian public calling for structural reforms including constitutional change to establish a First Nations Voice to Parliament enshrined in the national Constitution
- Organisations of all sizes can develop a Reconciliation Action Plan – a meaningful RAP should include company wide Cultural Awareness Training
- Our national government can do more to facilitate Native Title – ultimately a Treaty is long overdue and would formally acknowledge Aboriginal and Torres Strait Islander people as having rights to land and natural resources
- Use your vote and your wallet to support the organisations and government political parties acting on their commitment to land Reconciliation with Aboriginal people
Perhaps it’s time we create a new Australian dream, one that values kindness over economic gains and inspires us to care for the land, and all living things, as Indigenous people have done for millennia.
To understand more about the special relationship First Nations peoples have with land, we encourage you to listen to the wisdom and truth of the late Uncle Bob Randall in this short video, The Land Owns Us.
Understanding Australian Land Rights Legislation
Each territory or state on the continent has its own government legislation around land rights, which adds further complexity, as there is no national scheme that all Aboriginal and Torres Strait Islander people can access, nor is there equality about how land rights are administered by local councils. Today, only around 16% of all Australian land falls under the custodianship of Aboriginal people.
Contrasts Between Land Rights and Native Title
Importantly, there are distinctions between land rights and Native title, where:
- Land rights ensure Indigenous people and communities have a formal freehold or perpetual lease.
- Native title is the recognition of the pre-existing interests and right to Country through common law, respected through Indigenous traditional customs and laws.
The processes around claiming a right to Country are often challenging for Aboriginal people. The Queensland Aboriginal Land Act of 1991, for example, recognised the cultural, spiritual, and social importance of land rights restoration and stated that it was intended to rectify injustices. However, claims against lands were limited to fifteen years. Subsequent legislation, the Aboriginal and Torres Strait Islander Land Act of 2014, covers only specific townships, and further attempts to create more comprehensive, accessible regional agreements have been unsuccessful for Indigenous people.
Likewise, the legislation introduced in Victoria disregards Native title claims, citing them as ‘too cumbersome.’ Traditional Owners in this region are expected to withdraw all Native title claims and are prevented from making any future claims if they enter into an agreement through the national Traditional Owner Settlement Act of 2010.
These examples alone demonstrate the enormous complexity, red tape, and limitations that continue to exist in the Aboriginal land rights movement – even within legislation considered progressive or representative of efforts towards the restoration of national land rights.
A Brief History of the Australian Land Rights Movement
The land rights movement began in 1963 when the Yolngu people petitioned the federal government in Arnhem Land to return Aboriginal land ownership rights. Before this, the Australian government had forcibly removed over 300 square kilometres to clear space for an industry mining company to operate. This government act not only displaced families and people but also removed the ability for Aboriginal people to perform cultural ceremonies or rely on the land for survival and sustenance.
The Aboriginal Land Rights Act
It took another thirteen years before the first government land rights legislation was passed. In 1976, the national parliament enacted the Aboriginal Land Rights (Northern Territory) Act, giving First Nations people the legal right to claim land rights where there was proof of traditional or ancestral ownership.
Today, the struggle for land rights continues, and Aboriginal and Torres Strait Islander people still fight for the moral, cultural and ethical recognition of ownership and rights to the land and waters that were home to First Nations people many generations before colonisation of the continent. It is impossible to overstate the relevance of land rights and connection to Country, where invasions forced entire communities of Aboriginal people from their land, resulting in the loss and erosion of ecosystems and sacred sites that were no longer maintained or protected.
While this information illustrates the depth and breadth of the challenge of land rights ahead, it remains essential to recognise that Indigenous communities do not perceive land, title, or ownership as it is often understood in Western cultures. Instead, Aboriginal people see themselves as protectors, custodians, and nurturers, with strong links between the land, identity, family, and spirituality.
Curious about how we can help ignite your Reconciliation Action Plan and create a more culturally aware and inclusive workplace? Book a call below with Evolve co-Director Carla Rogers, or contact us today and let’s explore what we can do together.
Curious about how we can help ignite your Reconciliation Action Plan and create a more culturally aware and inclusive workplace? Book a call below with Evolve co-Director Carla Rogers, or contact us today and let’s explore what we can do together.
