PVC- Indigenous Strategy UNSWIS_Final_SIGN OFF_18 October 2018 low res for | Page 23
Wave Hill station were at the centre of that battle. Their
activism led to the Commonwealth legislating for land
rights in the Northern Territory.
The epic struggle of Eddie Mabo and the Meriam
people resulted in an historic victory in 1992, when
the High Court finally rejected the legal fallacy of terra
nullius and recognised that the land rights of First
Nations peoples survived the arrival of the Europeans.
MAKARRATA
The invasion of our land was met by resistance. But
colonisation and dispossession cut deeply into our
societies, and we have mourned the ancestors who
died in the resistance, and the loss of land, language
and culture. Through the activism of our leaders we
have achieved some hard-won gains and recovered
control over some of our lands.
After the Mabo case, the Australian legal system can
no longer hide behind the legal fiction of terra nullius.
But there is unfinished business to resolve.And the way
to address these differences is through agreement-
making.
‘Treaty was seen as the best form of establishing an
honest relationship with government.’ (Dubbo)
government and a better future for our children based
on justice and self-determination.
‘If the community can’t self-determine and make
decisions for our own community regarding economic
and social development, then we can’t be confident
about the future for our children.’ (Wreck Bay)
Through negotiated settlement, First Nations can
build their cultural strength, reclaim control and
make practical changes over the things that matter in
their daily life. By making agreements at the highest
level, the negotiation process with the Australian
government allows First Nations to express our
sovereignty – the sovereignty that we know comes
from The Law.
‘The group felt strongly that the Constitution needed
to recognise the traditional way of life for Aboriginal
people…It would have to acknowledge the “Tjukurrpa”
– “our own Constitution”, which is what connects
Aboriginal people to their creation and gives them
authority.’ (Ross River)
‘There is a potential for two sovereignties to co-exist
in which both western and Indigenous values and
identities are protected and given voice in policies
and laws.’ (Broome)
Makarrata is another word for Treaty or agreement-
making. It is the culmination of our agenda. It captures
our aspirations for a fair and honest relationship with
21