Land justice for Indigenous Australians: Can two systems of land ownership, use and tenure co-exist with mutual respect based on equity and justice?

Since Mabo (No. 2) there are two legally recognised and different systems of land ownership, use and tenure operating in Australia. But Mabo (No. 2) and the Native Title Act 1993 (Cth) give rise to several disjuncts, including the denial of sovereignty, ongoing extinguishment, inalienability, protection from debt recovery and the inability to use native title as collateral.

Recent PhD research undertaken for Yawuru and Bardi and Jawi RNTBCs reveals several inherent conflicts between the two systems of land ownership, use and tenure, imposing a heavy burden on RNTBCs to work through the complexities to make informed decisions. The critical question is: Can two systems of land ownership, use and tenure coexist respectfully and justly alongside each other, and what conditions are necessary for this to happen with parity?

In this presentation, Yawuru and Bardi and Jawi will outline the key issues and challenges they are facing in relation to land ownership, use and tenure. Ed Wensing will provide an overview of his research findings and present a set of Foundational Principles, a Model for Coexistence based on parity and justice, and an implementation framework. The Kimberley Land Council will provide a response to the findings.