NT's Indigenous communities at a turning point in the quest for self-determination - The Centre for Independent Studies
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NT’s Indigenous communities at a turning point in the quest for self-determination

GunyungaraA grassroots revolution is occurring in East Arnhem Land as Aboriginal Australians strive to become landlords rather than tenants on their own land.

Two Indigenous communities, Baniyala and Gunyungara, are working to take control of economic development of their regions for the first time in the 40 years since land rights were awarded in the NT. If they succeed, they will finally be able to build the private houses, businesses and industries they say will bring employment and hope.

Unfortunately, while four decades should have been more than enough time to reap the benefits of land return, this has not been the case.

When Indigenous Australians began to receive land rights, there was optimism 200 years of poverty and economic exclusion would come to an end. After all, land ownership typically seeds prosperity, which promotes investment, which seeds more prosperity.

However, under complicated Northern Territory land rights legislation, Aboriginal communities have essentially been prevented from managing commercial leases on their own land.

As a result, a traditional owner can’t control external investment. They can’t designate land for a shopping precinct, nor attract capital to develop a fishing enterprise, for example.

Because of this, many places lack even a basic economy — and a town of more than 1,000 people might have a single community-owned store. Imagine if residents of Braidwood, for example, the thriving tourist hub of 1,600 people an hour from Canberra, couldn’t start their own businesses.

Renting their own property

If Aboriginal traditional owners in Baniyala and Gunyungara do want to use their land, they currently must lease it from the Northern Land Council (NLC). Under land rights legislation, the council manages all Indigenous-owned land across the top half of the Northern Territory — an area the size of the United Kingdom.

Thanks to these leases, community members are expected to pay rent to be able to use their own land.

Understandably, tenancy does not provide a great incentive for economic development. It is hard enough for Indigenous people to establish a business without having to stump up tens — if not hundreds — of thousands of dollars a year to lease land they already own. This is surely not what Vincent Lingiari was picturing as Gough Whitlam symbolically poured red soil into his open palms.

Council overstretched

If the Northern Land Council was capable of effectively managing economic development on Indigenous land, leasing would be less of an issue. The organisation’s role is, after all, to act in the best interests of the region’s Aboriginal people.

However, the NLC has challenges of its own. The council has a profound number of responsibilities, including promoting economic development, managing mining royalties, protecting Indigenous sites and culture, and assisting with land claims and trusts.

With the sheer enormity of its task, it’s unsurprising the NLC is struggling to get things done, has been regularly criticised as being overly bureaucratic, and has itself acknowledged the difficulties it faces with such a high workload.

How can one body be expected to effectively deliver services and private investment to hundreds of communities with such a diverse range of needs and interests?

A new lease on life

However, the moves by Baniyala and Gunyungara offer hope, in attempting to become the first communities to directly decide where private investments could be made on their land.

The impact of this cannot be understated. If Indigenous communities are to take responsibility over their affairs, it is essential they be given this opportunity to manage their own property.

The battle is not yet won. Baniyala is just starting this journey, while the Gumatj tribe in Gunyungara (pictured) are resolving a legal dispute with a rival clan before they can finalise theirs.

So, the communities stand at a turning point. If negotiations are productive they could have the opportunity to transform the lives of their people, bringing business, employment and hope. But if they fail, they will continue to hold the right to be owners of their land — but not the right to use it.

Charles Jacobs is a policy analyst in the Centre for Independent Studies Indigenous Prosperity Project.