Discuss the significance of Native Title, Mabo, and Wik in the Land Rights movement, and analyze

how the Dreaming has influenced this movement

Slide 1: Learning intention

Good morning to you all today I will be discussing the significance of Native Title, Mabo, and Wik in the
Land Rights movement, whilst analysing how the Dreaming has influenced these movements

Slide 2: What is the dreaming

First and foremost what is the dreaming?

The Dreaming is a unique aspect of Aboriginal life based solely on the interrelation of all things
explaining how life came to be. It can answer a variety of questions such as “Why a rock is in a certain
place” and even “Why does an echidna have spikes.” In doing so, it encapsulates both the physical and
spiritual dimensions providing meaning to all aspects of life. In a non-linear way of existence, it embraces
the past, present and future. The history of the Spirit Ancestors is handed down through various stories,
art and ceremonies, directed towards future generations. In this way, it is deeply rooted within the land
since this is where their ancestral spirits reside. Without their land, they will not be able to visit the resting
place of their ancestors. (Linklater, 2023) (Aboriginal Contemporary, 2023)

Slide 3: Injustices upon Australian Indigenous

Indigenous people of Australia have had to deal with ongoing injustices towards achieving the rights of
their land. It all started when James Cook declared what is now known as Australia as “terra nullius” in
1770. This erroneous concept inaccurately claimed that Australian land “belonged to no one”, thereby
disregarding the Aboriginal's spiritual connection to their land. (PBC, 2023) (McCaughan, 2017)

Slide 4: What is Native Title

To alleviate such injustices, a Native title claim is necessary to achieve their basic rights back. Native title
is the legal recognition in Australian law that gives traditional ownership of land and waters according to
the basic traditions, laws and customs of Aboriginals. Achieving native title to one's own territory leads to
the enhancement of identity for indigenous communities and allows them to be closer to their ancestors
through the land. Obtaining it creates a step closer to getting their fundamental rights back which can be
seen through the Mabo and Wik case. (AHRC, 2023) (NSW Government, 2023)
Slide 5: Significance of Mabo v Queensland

In May of 1982, a group of Meriam people lodged a case with the High Court of Australia for legal
ownership of the Murray Islands. Mabo argued that the Meriam people had maintained a continuous
occupation and connection of the Murray Islands way back before European colonisation. After many
years of struggle, in June of 1992, the high court abolished the terra nullius doctrine allowing Indigenous
people to claim native title if they could substantiate their connections with their land. Until 1992,
Aboriginals were told that Australia was terra nullius thereby defying Aboriginal rights to their land and
waters, but Mabo changed this for everyone. It became so significant that it formed The Native Title Act
which provided a framework for protecting the rights of Aboriginals. Today Native title has been
acknowledged across one million square kilometers, with 629 registered agreements governing the use of
land and water. The Mabo case also aided many other indigenous people in pushing for their rights which
can be seen through the Wik case right after in 1993. (UNSW, 2017) (C.J. et al., 1992)

Slide 6: Wik v Queensland

In June of 1993, the Wik people made a claim to the Federal Court of Australia for native title. The land
that the Wik people tried to gain back had two pastoral leases. Both these leases were put intact while
Aboriginals were still living on parts of the land hence the Wik people tried to argue that pastoral leases
and native title could coexist as this was a set precedence. However, this case wasn't all successful as the
Wik people only had access to their land for traditional purposes and had to allow pastoral activities to be
done on their land when needed. This led to the amendment of The Native Title Act which provided
clarity about how native title and other land interests could coexist. It allowed further negotiation to be
put in place allowing for a peace ruling for Aboriginals. Also, the set precedence of this case influenced
other claims around Australia as people now knew that there could be a coexistence providing hope and
inspiration for those obtaining ownership over their territory. (Cromb, 2023) (Stevenson, 2023)
(McCaughan, 2017)

Slide 7: Dreaming influence on land movements

The Wik, Mabo and many more land rights movements have deeply affected the dreaming of Aboriginals.
They are inextricably connected as the dreaming is all about the land, it is their mother providing them
with everything they need to survive. It gives Indigenous people a sense of identity being the centre of
Aboriginal life and spirituality. They have a unique bond to it as it is alive due to their ancestral beings
living in the land through everything as one. This pushes Aboriginals to protect their land and cherish it
throughout their daily lives. This proves that their land cannot be taken away from them or given to
anyone else as ‘ownership,’ as they are inseparably connected to the Australian land. It is a vital aspect as
it allows Aboriginals to find the repossession of their sacred land through cases such as the Mabo and Wik
case. These land rights movements further allowed Aboriginals to gain political power in obtaining their
rightfully owned land back hence pushing for reform against the legal system. Both cases held immense
significance in Australia leaving a profound impact on the dreaming. (McCaughan, 2017) (Aboriginal
Contemporary, 2023)