The “”Aboriginal Provisional Government” has warned the Federal Government against getting an agreement with selected Aboriginal groups about land rights following the Mabo case.
The chairman on the APG, Bob Weatherall, said yesterday that the Government was talking to groups like the National Reconciliation Council. He had no objection to those discussions, but they could not bind the Aboriginal people.
“”If the Federal Government is purporting to hold its selected Aborigines up as the representative voice of Aboriginal people, then they are wrong,” he said. “”Any agreement reached between the Federal Government and the selected Aborigines will not be binding on any future moves by Aborigines to explore our inherent rights.”
He was worried that pressure from state Governments could result in the Federal Government changing the Racial Discrimination Act to enable the states to deal in vacant Crown land with reference to native title.
The Mabo case held that Aborigines who could show they had occupied the land and continued to exercise their customs had native title, but it was subject to Crown sovereignty. The only thing stopping state governments extinguishing native title was the Racial Discrimination Act and the only thing stopping the Federal Government from extinguishing native title is the constitutional requirement to pay compensation.
Mr Weatherall said he was also concerned that the states wanted the Federal Government to grant pastoral leases and mining rights that would extinguish native title and to restrict funding of native title cases.
Mabo had left unresolved whether Aboriginal people were citizens of Australia or subjects of international law.
“”There should be a black-only referendum to decide whether Aboriginal people want to be part of Australia or separate or something in between,” he said.
The question of whether there should be a treaty, sovereignty or self-management had to be decided. There was a danger these things could get swept aside in the Mabo debate.
“”Aboriginal people are in grave danger of selling themselves short,” he said.
The Federal Government is expected to complete a report on its response to the Mabo decision by September. It is under some pressure from miners, pastoralists and state governments to act quickly because uncertainty was causing loss of investment opportunities.
Aboriginal groups, including the APG, however, want a slower process to allow wider consultation.
It has been pointed out that miners and pastoralists have the resources and means to communicate more quickly whereas the Aborigines most likely to be affected by Mabo are those living in a traditional lifestyle and consultation among them is likely to be a slow process.
Mr Weatherall said all the options, including independence, raising revenue and “”making our own laws on our own land” had not be discussed by Aboriginal people.
Federal Government moves to pre-empt discussion of those options “”will not be binding on us”.