8.16
Leah, NSW
Leah is an Aboriginal woman from the west of NSW. She is a Custodian
with two different native title claims, run by two different NTRBs
because her mother’s country crosses state borders. Leah is also an
academic working across two universities in research.
In her interview, Leah discussed her experiences with professionals
involved in the native title system and identified concerns around
professionals’ impacts on community relations and native title outcomes
both within and beyond their roles in the process of getting a determination.
In Leah’s experience, the anthropological consultation process in the native title system is
‘not always inclusive’ and the professionals involved often only hear the loudest voices.
It was Leah’s view that some lawyers involved in the native title process do not seem to
understand that this process and needs to be a healing process, and that it is not just about
getting the determination. Leah felt that a key part of their role, which is neglected, is to
communicate respectfully and co-facilitate community meetings in culturally safe ways.
Leah has experience with two NTRBs because their original claim was divided and the two
subsequently run separately. She felt that the NTRB has an effect on how the process plays
out for a group. In her case, one claim was very much directed by the lawyer and felt less
empowering; whereas the other one was far more community directed with facilitators and the
lawyers engaging in more effective and regular communication with community.
Leah described personally witnessing the misuse of power by dominant men in leadership
positions, some of whom are known perpetrators of violence against women and children.
Leah noted that these men are not even qualified to be in the leadership positions and are not
benefiting the communities by being there.
Leah has seen women bullied when they have demanded transparency and accountability,
and when they stood up to the bullying, they have been ostracised. Leah described how the
community has tried to implement changes to ensure everyone has an equal opportunity to
take up leadership positions in native title (and other areas), for example, by establishing a rule
that anyone with a serious criminal history be ineligible for board membership. But Leah said
some men in positions of power resisted by stealth for as long as they could, and when they
finally resigned, some moved to more senior positions in native title.
Leah has observed that as long as these men remain in leadership positions in the native title
system and across Land Councils, women will always be made to feel unempowered, unsafe
and unable to participate.
Leah also described seeing intergenerational conflict now that more young people are coming
to meetings, speculating that perhaps some older people feel threatened by the highly
educated getting involved. Young people are questioning previous behaviours, actions and
decisions, trying to understand how they are made, and by whom. To Leah, it appears that older
people might be feeling disempowered. Leah is concerned that younger people are inheriting
old intracommunity conflicts and disrespectful behaviour, noting that they are often pressured
to ‘take sides’ in long-running disputes.
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Women in Native Title: Native Title Report 2024