The application of the Mabo was much less certain on the mainland than on Torres Strait islands, the Leader of the Opposition, John Hewson, said yesterday.
He was speaking on Murray Island, the subject of the Mabo decision, after discussions with the Community Council and the Council of Elders.
He implied that unlike in the islands, the necessary proof of continuous association with the land to establish native title would be very difficult on the mainland, but he did not want to prejudge it.
What had happened after European arrival had not significantly affected the way the islanders lived, he said. They had traditional Malo (MALO correct) law. They had a well-established way of living and “”they had a framework of land management which is the basis of the claim”.
“”Here on Murray Island it is very easy to demonstrate association with this particular piece of land,” he said. “”Generation after generation after generation have been here and used the land in a pretty much the same way. There are clearly defined plots for each clan or individual. It is quite a different thing from the circumstances that we have seen on the mainland.”
The chair of the Community Council, Ron Day, refused to buy in to the mainland argument.
“”I can’t speak for Aboriginal people,” he said.
Dr Hewson accepted the traditional link with the land, but asked about sea rights he said: “”I can understand as was explained to me here on Murray Island, the way they are attached to the sea as they are attached to the land. And in fact I think that was part of the initial claim which was rejected. They have always fished the sea and worked the land.”
Again, it would be a difficult situation for any indigenous group to claim a continuing association with the land.
The sea issue did not get as far as the High Court. It was abandoned after the earlier hearing in the Queensland Supreme Court.
However, a sea claim was lodged in the High Court a week ago.
Heads of islander Councils of Elders are working on a series of contiguous sea claims over about 160,000 sq km of Torres Strait, with the aim, at least among the most radical, of stopping all non-indigenous fishing.
Dr Hewson called for an education campaign to overcome widespread ignorance about the Mabo case.
Dr Hewson and other members of the coalition Mabo committee are touring Aboriginal and Islander communities. The other members are: the deputy leader, Michael Wooldridge; the spokesman on Aboriginal Affairs, Peter Nugent; environment, Ian McLauchlan (ch sp); attorney-general, Daryl? Williams; and the Acting Leader of the National Party, John (?) Armstrong.
Dr Hewson said communities had told them they had expected ATSIC to provide information, but a year after the case it had not.
“”A lot of people who understood absolutely nothing about it,” he said. “”And how it would translate from an island community here to a mainland Aboriginal community.
There was ignorance across the board, “”not just the Aboriginal community, it’s among some of the pastoralists and some of the miners and now more broadly in the Australian community. . . . Something should be done very quickly to get the essence of this decision across.”
It was literally a whirlwind tour. Dr Hewson flew the 260km by helicopter from Horn Island, next to Thursday Island, landing on the beach of the 9 sq km island. Others in his party and media arrived by another aircraft.
The lazy, peaceful island was transformed.
Dr Hewson stayed two hours on the island. After the discussions, he was presented with the 25-point law of Malo by the president of the Council of Elders, Doug Bon. He visited the school, Mer Primary School, sang and played football with the children and then visited the grave of Sam Passi, the elder brother of Father David Passi. Sam Passi was an early fighter for land rights with his brother, who was one of the Mabo plaintiffs. His party, island leaders, television cameras, media and interested islanders followed.
Then he got into his helicopter and the others got into a truck to airport and they were gone, and the island returned to silence, leaving the 400 islanders bemused about what the party could learn in such a short time.