Benjamin Wilson Task 3

The heritage and identities of Aboriginal peoples are intrinsically linked to family
kinship ties and the land. For Aboriginal peoples, their spiritual connection to the
land is central to their identity, as their bond to Country can be maternal in
nature; often Aboriginal groups refer to the land as their mother and the giver of
life, reflective of the lands significance in relation to their cultural heritage. This
deep connection to the land has been at the centre of the lives of Aboriginal
people since time immemorial, influencing their spiritual, emotional, mental,
physical and social wellbeing.
Likewise, the land has always been a channel for cultural expression of identity
and heritage, and there is no such thing as unconnected land, as Country plays a
significant role in traditional ceremonies and rituals paramount to preserving
Aboriginal heritage. Consequently, separation of Aboriginal peoples from the land
directly creates a separation from cultural belonging and identity. Thus, the
importance of regaining access to Country in relation to Aboriginal peoples
heritage and identity is extensive. This sentiment is expressed in the writings of
Big Bill Neidjie: I feel with my body, with my blood. Feeling all these trees, all
this country. When this wind blow you can feel it. Same for country, You feel it.
You can look, But feelingthat make you. Our story is in the land. It is written in
those sacred places. My children will look after those places, thats the law.
Dreaming place, you cant change it, no matter who you are. (Gagadju Elder,
Kakadu Gagudju Man, JB Books, Australia 2002)
Connection with the land has enabled Aboriginal communities to visually apply
their cultural identity, through the practice of land art and rock paintings. The
importance of place, sacred sites and keeping places in Aboriginal art, stories
and initiation ceremonies is significant, as special places relating to ancestral
beings inspire the creation of works and practices which promote the continuity
of Dreaming stories and Aboriginal cultural heritage. Similarly, regaining access
to land promotes the practical expression of Aboriginal identity through dance,
as spiritual ceremonies and dances can be renewed along the Dreaming tracks at
special locations. The ability to engage in cultural dancing as a result of gaining
access to land preserves Aboriginal heritage and identity, as Aboriginal dances
are allegories portraying meaning to Aboriginal peoples, emphasising the
importance of nurturing the landscape. By allowing access to Country, Aboriginal
people gain the opportunity to renew and rebuild their spiritual connection to the
land and the sacred sites their ancestors looked after, which to the detriment of
their heritage and identities, couldnt occur during colonisation, dispossession
and protectionism due to forced removal from traditional lands.
The extent of the connection between Aboriginal heritage and identity with
Country is further reflected by the fact that affirmations of cultural identity within
Aboriginal communities are directly correlated to place. For instance, questions
such as Where are you from? and Who is your mob? are often asked when
Aboriginal people introduce themselves. Aboriginal peoples therefore are
indivisibly unified with their environment and traditional Country; Aboriginal
people are part of the land and the land is part of them, which forms the basis of
their cultural identities. This significance of land was reiterated by the Ministry of

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Aboriginal Affairs: When they lost the land they lost themselves (Parbury, N.,
(1986) Survival: A history of Aboriginal Affairs New South Wales, Ministry of
Aboriginal Affairs, Sydney, New South Wales.) This confirms that when
connection to land is strong, cultural identity is strong too, and so regaining
access to country is highly important for the preservation of Aboriginal cultural
heritage and identity.
Regaining access to traditional lands has been a long and difficult struggle for
Aboriginal communities, and many Aboriginal groups have been unsuccessful in
native title claims such as the Yorta Yorta of Victoria. The fight for land rights
began, in its earliest form, almost immediately after the invasion of Australia. In
some regions, Aboriginal tribes died defending their sacred land. Where
Aboriginal peoples survived, land management practices and spiritual
ceremonies were highly restricted and challenged, as access to sacred sites was
obstructed by settlers. Renewed access to these lands and waters was instantly
demanded by Aboriginal peoples, and throughout the 1860s onwards, petitions
and representatives were sent to local authorities and parliaments to request
much needed access to Aboriginal Country. The emotional relationship between
Aboriginal people and Country was apparent to the settlers, as recounted by
Henry Reynolds in The Law of the Land (1987): Settlers who had spent any time
with Aborigines came to appreciate that they had a deep emotional bond with
their own country. They missed it when away from it and rejoiced when they
returned. Symbolic protests for Aboriginal land rights ensued, epitomised by the
Tent Embassy.
The first most notable piece of government legislation and policy concerning
access to land was the Aboriginal Land Rights Act (Northern Territory, 1976)
drafted by the Whitlam government and passed by the Fraser government. The
Aboriginal Land Rights Act has been instrumental in the protection and
preservation of Aboriginal heritage and identity in the Northern Territory, as
today, approximately 50% of the Northern Territorys land is communally owned
by Aboriginal people (Northern Land Council). The Land Rights Act established a
mechanism for granting land rights in the Northern Territory in places that had
been reserves or unused crown land. These places were significant to the
Aboriginal communities in the Northern Territory, as ongoing traditional
attachments existed there.
Implications of the Act included the establishment of two land councils which
protected sacred sites and restricted unauthorised entry to Aboriginal Country.
This government legislation, which was created to protect and preserve
Aboriginal heritage and identity, effectually stopped the territory government
from resuming Aboriginal land which could now be accessed for cultural use.
Richard Broome assessed the significance of government legislation and policy in
the regaining of Aboriginal land, as well as the importance of regaining access to
country in Aboriginal Australians, A history since 1788 (2010): [the act]
stimulated a return to the land by many traditionally oriented people. as the
Walbiri and Kartanangaruru-Kurintji people claimed 95,000 square kilometres of
Aboriginal land south of Wave Hill. Consequently, by regaining access to this

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Country, Aboriginal people from these two communities who had left the region
after massacres by whites in 1928 decided to return home; this enabled the
regeneration and transmission of sacred knowledge in the form of songs and
narratives which related to the Walbiris journey across the landscape. Their
stories of ancestral figures creating the landscape as well as their eight kinship
subsections and skin names wouldve been forgotten had they not been able to
preserve their heritage and identity by regaining access to country, as their
religious and spiritual thoughts were inscribed on the land. Their complex oral
traditions also couldnt have continued away from the region granted through
the Aboriginal Land Rights Act.
The Aboriginal Land Rights Act (NT) enabled the formation of 40 outstations in
Arnhem Land and 65 in Central Australia by 1980. By regaining access to land in
these areas Aboriginal peoples such as the Papunya, became self-supportive
returning to traditional food gathering practices and producing traditional
handicrafts, skills which are fundamental in the preservation of their cultural
heritage and the continuation of their strong Aboriginal identity in future
generations. In the Aboriginal community of Papunya, the return of Country
enabled the enhancement of Aboriginal heritage and identity, as a local incident
involving the painting of secret-sacred knowledge triggered the development of
a new style of dot painting, a lasting cultural expression of Aboriginal identity.
Moreover, the New South Wales Aboriginal Land Rights Act (1983) acknowledged
Land is of spiritual, social, cultural and economic importance to Aborigines; it is
fitting to acknowledge the importance which land has for Aborigines and the
need of Aborigines for land. This Act established the land council system within
the state which still operates approximately 120 land councils today protecting
sacred sites. Whilst is was like the act in the Northern Territory in the fact that it
only handed over ownership of crown land and reserve land, it nonetheless
renewed the relationships between Aboriginal groups and their Country which
were interrupted during colonialism. This was extremely significant for the
protection and preservation of Aboriginal identity, as the land is a source of life
which Aboriginal people are bonded to; the land is a spiritual base which needs
to be maintained, and the cultural maintenance of land allows for the
preservation of Aboriginal heritage. Cultural maintenance could not occur during
colonialism in many areas of News South Wales, and so much Aboriginal heritage
was lost.
Today, regaining access to country occurs through the process of applying for
Native Title. A specific Indigenous community which has been able to
successfully gain Native Tile, and subsequently protect their cultural heritage
and identity, is the Meriam people of Murray Island. The historic 1992 Mabo High
Court Decision created a moral basis for reconciliation and established land
rights for Aboriginal peoples, as it drew the conclusion that land rights had not
been nullified on Murray Island by British actions in establishing a colony,
denouncing the concept of terra nullius in Australia. The decision acknowledged
the Meriam peoples unique connection to their Country and waters, and
protected the continuation of Malos Law on the island, which is central to the

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identity of the Meriam people, as it outlines the core paradigms of their existence
and provides guidance on behaviour. Further to this, the Meriam people, as a
result of the court decision and the regaining of access to Country, were granted
the right to live, fish and hunt on their land without interference from the state of
Queensland, and were further supported in their cultural preservation of
traditional dances which retold the story of Malos Law, highlighting the great
importance of gaining access to Country for Aboriginal peoples identities.
Since the Mabo and Wik cases, other native title cases have ended in favour of
other Aboriginal groups such as the Noongar and the Jaadwa. Without the
approval of their native title claims, cultural maintenance activities such as
ceremonies conducted on traditional lands, would be regarded as illegal and
would warrant a criminal conviction. Therefore, the alleviation of restrictions to
traditional lands through successful native title claims and government
legislation clearly protects and preserves Aboriginal heritage and identity,
especially in regards to sacred spiritual rituals. The regaining of access to land
strengthens the traditional laws and customs which govern Aboriginal peoples,
providing Aboriginal peoples the opportunity to preserve traditional customary
laws with the support of Australian common law and government legislation.
It is indisputable that maintaining connection to land is vital for the protection
and preservation of Aboriginal peoples heritage and identity, and this can only
be achieved by allowing the regaining of access to Country through the
utilisation of community and government legislation and policies. The link
between Aboriginal stories, identity and land is epitomised in the Dreaming,
which is at the core of Aboriginal heritage and spirituality. Therefore, in order for
Australian Indigenous communities such as the Meriam people of Murray Island
and the Papunya and Walbiri of Alice Springs to preserve and protect their
Aboriginal heritage and identity, the momentous importance of accessing
traditional lands needs to be recognised.