And now:Ish <[EMAIL PROTECTED]> writes: >Date: Sat, 19 Dec 1998 13:19:11 -0800 >From: Tom Schlosser <[EMAIL PROTECTED]> >Organization: MSAJ Seattle 206 386 5200 >X-Mailer: Mozilla 4.05 [en] (Win95; I) >To: Triballaw mailing list <[EMAIL PROTECTED]> >Subject: Yorta Yorta lose aboriginal title under Australian law >Reply-To: [EMAIL PROTECTED] >X-Comment: Nevada Indian Environmental Coalition > >Native title claim 'washed away' > >Date: 19/12/98 > >By PETER GREGORY > >A Federal Court judge has ruled that the "tide of history" has washed >away an Aboriginal group's >native title claim over 2,000 square kilometres of northern Victoria and >southern NSW. > >In less than a minute yesterday, before a packed courtroom, Justice >Howard Olney said native title >on the land and waters contained within the Yorta Yorta claim did not >exist. > >The group's co-ordinator, Ms Monica Morgan, vowed to continue its fight, >saying outside the court: >"We've been in this country for thousands and thousands and thousands of >years. It will take longer >than a few seconds from a judge to wipe away who we are. > >"Our mob knew we were taking a chance trusting the system of the white >man ... but this is like an >annihilation of our culture." > >Asked about Justice Olney's finding that two senior members of the >claimant group were caught out >telling lies about "a relatively minor matter", she replied: "There's no >such lies." > >The Yorta Yorta claim sought use, occupation, habitation and possession >of Crown land in the >Ovens, Goulburn and Murray River basins, spanning the NSW/Victorian >border from west of >Echuca to west of Albury and from Jerilderie in the north to Euroa in >the south. > >The group's solicitor, Mr Peter Seidel, said Justice Olney's judgment >was a deeply disappointing one >that might create great difficulties for other native-title cases. The >75-page judgment presented >"frozen views" about Aboriginality by deciding that the Yorta Yorta's >connection with a claimed >2,000-square kilometres of public land and waterways was lost in about >1880, Mr Seidel said. > >Lawyers for the Yorta Yorta people had begun examining grounds for >appeal. > >Justice Olney said it was clear that by 1881 those through whom the >claimants sought to establish >native title no longer possessed their tribal lands and had ceased >traditional laws and customs that >might have provided a basis for the claim. > >"Notwithstanding the genuine efforts of the members of the claimant >group to revive the lost culture >of their ancestors, native title rights and interests once lost are not >capable of revival." > >The tide of history had undoubtedly washed away any traditional right >the indigenous people might >have previously exercised in controlling land access in the claim area, >he said. > >Responding to the judgment the Victorian Premier, Mr Kennett, appealed >for tolerance. > >"I think we've all got to tread carefully ... It's not often easy to be >magnanimous in defeat and it's >often harder to be magnanimous in victory." > >The Australian Democrats said the native title process was clearly >inadequate and called for formal >dialogue between the Victorian Government and the Yorta Yorta people. > >The Victorian Farmers' Federation said the decision was an important >step in determining native title >in Victoria. > ><<<< To remove your name from this list send a message to "[EMAIL PROTECTED]" with the message "unsubscribe triballaw" >>>> > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> PASS THIS TO EVERYONE YOU KNOW.... Please Check it before you send it: http://urbanlegends.miningco.com/library/blhoax.htm
