of understanding within and between communities. Another reason is that anyone with
experience in native title will struggle to speak meaningfully about it in a short space of time,
as the determination alone might have taken a decade or two to achieve. That is before the
post‑determination era is discussed, let alone the compensation stages of any case. A third
reason is that native title is a fraught and very raw topic for our families and communities.
Existing conflicts have been exacerbated and new ones created by the native title system and
claims process and, in some cases, these are proving very difficult to resolve.
For these reasons, I wanted to elevate the voices of women with experience in native title in
a separate dedicated report from Wiyi Yani U Thangani. This has enabled me and my team to
create a picture of native title that starts with lived experience and looks outwards from there.
This project has taken a human rights‑based approach which centres the people affected within
the broader system in which native title operates. To be effective, any consideration of reform
should, likewise, take a person-centred and holistic approach. None of the individual problems
within the native title system can be considered or effectively reformed in a silo.
2.2
The promise of native title
Like my predecessors who have detailed their recollections of the events that gave rise to the
native title system, I too remember when Mabo (No. 2) was handed down and the subsequent
passing of the Native Title Act. Those were momentous occasions and represented a point in
history full of promise and excitement. Mabo (No. 2) overthrew the lie that had burdened us for
so long – we were re-empowered by the mainstream Australian authorities’ acknowledgement
that this country was always ours. The Native Title Act reinforced and broadened the public
acknowledgement of this fact, and that it was a grave injustice that it was taken from us.
At that time in the early 1990s, I was at the Kimberley Land Council. As a collective we felt
suddenly energised and propelled into getting strategic as a nation and a region. We viewed
native title as a foundational element of land justice to be used in negotiations and agreements.
Sadly, we came to find that the nation had yet to grapple with the power shift required to
make native title, as now framed through the Native Title Act and common law, compliant with
Australia’s human rights obligations.
The stories told in this Report reinforce warnings by Aboriginal and Torres Strait Islander
leaders since the Native Title Act was passed and the first cases were determined, that a just
land settlement will not be delivered by native title as we know it – at least not on a wide scale.2
Yet despite our awareness of the political realities that restrain native title, the momentum and
enthusiasm that we felt has not dissipated. We see that in the ways that First Nations peoples
continue to negotiate the use of native title and land rights more broadly to empower our
peoples.
So, while native title is not what it could have been – what it should have been – from my
experience in community and from the stories I have heard through this Report process,
native title still matters. The concept of recognition in native title is important to our peoples,
as is our irrepressible optimism that a more fulsome realisation of our native title rights might
eventually become a reality.
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Women in Native Title: Native Title Report 2024