URGENT! REVERSE or PREVENT UNLAWFUL NATIVE TITLE CLAIM!

The Far West Coast Native Title claim in South Australia is a claim that combined 6 different Aboriginal groups into one claim. This claim is NOT traditional in any sense. It was put together by lawyers ,their anthropologists and others by a method to suit purposes which Mirning do not agree with. If this claim is not reversed or prevented, the traditional owners of the Nullarbor in South Australia, the Mirning, will lose forever the control and traditional ownership of their land and waters to the 5 other different Aboriginal groups in the combined claim. These different groups who have their own traditional lands had previously made overlapping claims over Mirning land, but Mirning people declare that they DO NOT have traditional rights or interests over Mirning land. Mirning Elders and community members say that in a meeting at Port Augusta, South Australia, in 2005 they were misled into being part of the combined claim.

To make matters worse, only a subgroup of the Mirning people (two family groups of Mirning) were allowed to participate in this meeting to make the decision to combine or not combine with the other 5 tribes. All the other Mirning family groups around Australia were not allowed to participate in this meeting. This is against both Mirning traditional law and custom and the requirements of the Native Title Act. For this reason alone it made it an invalid authorization meeting. All Mirning people must be involved in decision making such as these and there must be a consensus by all families for it to pass. This claim has never been properly authorized at any stage (according to Mirning law and custom or the requirements of the Native Title Act), it is therefore invalid.

At a meeting in Port Augusta 2005, the subgroup of Mirning people agreed to combine only on the condition that there first be a meeting to determine how the whole area of the claim would be divided into traditional tribal areas. This meeting was meant to occur before the registration of a new combined claim. Mirning people would only have accepted an outcome where they retained their own area of traditional lands and waters which only they could speak for and have native title rights and interests over, whilst the others could do the same for their own parcels of land within the claim area. If the Mirning could not reach that agreement, they would never have joined in a new combined claim with the other groups. This condition was fundamental to the agreement. However, the combined claim was registered without allowing the Mirning people to have this meeting. This action resulted in allowing the other 5 tribal groups to now be able to speak for and deal with Mirning lands and waters in South Australia, and to deal with mining companies. Mirning people are always out-voted because of the superior numbers of the other groups combined.

Mirning people are trapped in this claim because, to date, the Courts have refused Mirning requests or attempts to reverse the amalgamation of the combined claim. Even some people from the other groups are against this claim too!

Mirning people have evidence which strongly indicates that information and affidavits relied upon for the registration of the combined claim, was misleading and deceptive. However, after years of trying, Mirning people have been unable to have this evidence and the invalid authorisation issues presented to the Courts due to lack of funding for legal representation. However, other people involved in the claim have for many years been able to use funding ( provided from taxpayers’ money) to defend the invalid claim and to obtain the services of Queens Counsels to prevent Mirning people from being able to present incriminating evidence, both oral and written, into the Courts,

This petition is very important and URGENT as TIME is running out fast as the State of South Australia and the Applicants of the Far West Coast Native Title Claim have just agreed in principle for a grant of Native Title for the combined claim. We need to get this petition acted upon before the Court consents to this agreement. As well as a legal issue, this is a Human Rights issue against the Mirning people. Australia and the World must stand up to this kind of behaviour. Let the Government know that this issue will not go away! It is happening all around Australia!