Australia: High Court decision affirms Indigenous rights

Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, welcomed the decision by the High Court of Australia to recognise the Yolngu people’s exclusive possession rights over the intertidal zone along 80 per cent of the Northern Territory coastline.

"This is a historic decision," said Commissioner Calma.

"Thirty years ago Indigenous peoples’ land rights were recognised in the Northern Territory. The High Court has now recognised their rights in the inter-tidal zone and waterways adjoining their traditional lands.

"This decision means that the traditional owners, the Yolngu people, can have certainty about their common law rights and it gives them a stake in the development of a sustainable commercial fishing industry."

The High Court dismissed an appeal by the Northern Territory Government to deny the Yolngu people exclusive possession rights to sea country, upholding the earlier decision of the Full Federal Court.

Commissioner Calma also welcomed statements from the Northern Land Council and the traditional owners that they looked forward to working with fishing representatives to seek a negotiated settlement that would ensure the ongoing commercial and recreational fishing of the tidal waters over Aboriginal land.

"I am delighted that the traditional owners have indicated that they will continue to work with the Northern Territory Government, commercial and amateur fisherman to reach agreement on future access to the inter-tidal zone," said Commissioner Calma.

"This High Court decision should be seen as a positive step and presents another opportunity for Indigenous and non-Indigenous Australians to work together to achieve a mutually beneficial outcome."

Date: 31 July 2008

Source: HREOC