KLC Media Release, March 19, 2010
In a landmark decision, the Federal Court recognised the native title sea country rights of the Bardi Jawi people.
It is the first time Kimberley Traditional Owners have been recognised as having significant rights in relation to sea country, islands and reefs.
The Bardi Jawi people have been fighting for these rights for more than 15 years and the decision, in March this year, ends more than four years of appeals.
The Federal Court recognised the existence of native title across a large area of the Bardi Jawi claim (mostly land) in November 2005. The Federal Court judge said native title did not exist across sea country, reefs and a number of islands including Sunday Island and Jackson’s Island.
Traditional Owners lodged an appeal, and this last decision by the Courts has recognised their rights in full.
KLC Executive Director Wayne Bergmann said the Federal Court’s decision was also significant because it recognised the Bardi and Jawi people as having separate and distinct characteristics yet common interests as one society.
He said this could pave the way forward for many other native title groups across Australia to submit the one native title claim on behalf of several different cultural groups.
KLC Deputy Director and Bardi man Nolan Hunter said the decision was a win for his people.
“This decision means we have been awarded exclusive possession native title rights across most of our claim area. This is a major victory for our people,’’ he said.
“Exclusive possession is the strongest form of native title you can get.”
KLC deputy chairman and Bardi Jawi senior man Frank Davey said the verdict highlighted the strength of the Bardi Jawi people in maintaining their rich culture and strong connections to the land and sea.
“I want to recognise the many people that have showed determination and persistence in pursuing our claim, especially the old people who have led the fight for our rights to be recognised. Sadly, this decision has come at a huge human cost and many of those people have passed away – at least now they will be able to rest,’’ he said.
Senior Bardi Jawi man and head ranger Kevin George said the decision provided a solid foundation for the future.
“Our long struggle for recognition has been worth it – we are in control of our lives and can provide our children with a future,’’ he said.
“We have always had good faith in the courts and we knew that common sense would prevail. We thank everyone that has been involved in making this happen. This means so much to our people.’’
