A GROUP of Aboriginal people from Kingston, in the State’s south east,
and the Coorong and River Murray is challenging the Australian
Constitution in a case that could see it apply for sovereignty status before the United Kingdom Privy Council.
The case of Ramindjeri versus State of South Australia and Ngarrindjeri went before the National Native Title Tribunal in the Federal Magistrates Court in South Australia on Friday to ask the court to recognise the Ramindjeri as the true owners of the land and one of many sovereign groups belonging to the area.
The fight was taken to court after State Government leaders refused to sit down with Ramindjeri leaders to hear their claim that Aboriginal families calling themselves Ngarrindjeri were ruling the area but were not tied to the land by blood or stories.
Ramindjeri spokesman and tribal leader Karno Walker said Ngarrindjeri was a Ramindjeri word meaning “black fellow of country” which was chosen by missionaries at the time to describe Aboriginal people living in the area.
He said the term was adopted by a group of Aboriginal people who came to the area from Victoria and New South Wales after they were dispersed to missions in South Australia.
Mr Walker said it meant the Ngarrindjeri was not a clan or a nation and therefore, in a legal sense, had no right to native title claims.
Even though the court case has been adjourned until April 5, Mr Walker said the Federal Court recognised it did not have jurisdiction over the matter of the Ramindjeri claim for sovereignty and it was suggested they take it before the Privy Council.
Ramindjeri man Mark Koolmatrie said anapplication to be heard by the Privy Council had already been made and they expected to have a hearing date early next year.
“We hope the Privy Council people recognise us and that they recognise what we are saying - that we are separate nations not one big nation and that there were kings and queens of each group.
“We don’t want to take away the livelihoods of people or their houses, we just want to be recognised as the tribal owners of the land.”
University of South Australia law school professor Rick Sarre said if the case made it to the Privy Council it would raise some interesting questions because it meant the Ramindjeri were claiming not to be Australian citizens.
He said in 1975, Gough Whitlam took away the right for Australian citizens to appeal to the Privy Council after a High Court ruling; and a loophole which allowed people to appeal if they bypassed the High Court was closed in the late 1980s.
Mr Sarre said it was possible the group would get an initial hearing from a Privy Council judge who would then decide if the claim had enough merit to go before the five Privy Council members.
He said he doubted the case would make it to the second stage as it would have major implications, not only across Australia but throughout Commonwealth nations.
“It is a good anthropological argument,” he said.
“It is a very interesting angle but I am not sure the Privy Council is as adventuresome as the Ramindjeri would like.
“I would be delighted to be proven wrong.”
Mr Walker and Mr Koolmatrie said the court challenges could have been avoided if South Australian Premier Jay Weatherill and Aboriginal Affairs Minister Paul Caica had agreed to sit down and talk with the Ramindjeri about issues including their claim the Government favoured Ngarrindjeri while ignoring the Ramindjeri.
http://www.murrayvalleystandard.com.au/story/1191131/aboriginal-group-challenges-constitution/?cs=1275
The case of Ramindjeri versus State of South Australia and Ngarrindjeri went before the National Native Title Tribunal in the Federal Magistrates Court in South Australia on Friday to ask the court to recognise the Ramindjeri as the true owners of the land and one of many sovereign groups belonging to the area.
The fight was taken to court after State Government leaders refused to sit down with Ramindjeri leaders to hear their claim that Aboriginal families calling themselves Ngarrindjeri were ruling the area but were not tied to the land by blood or stories.
Ramindjeri spokesman and tribal leader Karno Walker said Ngarrindjeri was a Ramindjeri word meaning “black fellow of country” which was chosen by missionaries at the time to describe Aboriginal people living in the area.
He said the term was adopted by a group of Aboriginal people who came to the area from Victoria and New South Wales after they were dispersed to missions in South Australia.
Mr Walker said it meant the Ngarrindjeri was not a clan or a nation and therefore, in a legal sense, had no right to native title claims.
Even though the court case has been adjourned until April 5, Mr Walker said the Federal Court recognised it did not have jurisdiction over the matter of the Ramindjeri claim for sovereignty and it was suggested they take it before the Privy Council.
Ramindjeri man Mark Koolmatrie said an
“We hope the Privy Council people recognise us and that they recognise what we are saying - that we are separate nations not one big nation and that there were kings and queens of each group.
“We don’t want to take away the livelihoods of people or their houses, we just want to be recognised as the tribal owners of the land.”
University of South Australia law school professor Rick Sarre said if the case made it to the Privy Council it would raise some interesting questions because it meant the Ramindjeri were claiming not to be Australian citizens.
He said in 1975, Gough Whitlam took away the right for Australian citizens to appeal to the Privy Council after a High Court ruling; and a loophole which allowed people to appeal if they bypassed the High Court was closed in the late 1980s.
Mr Sarre said it was possible the group would get an initial hearing from a Privy Council judge who would then decide if the claim had enough merit to go before the five Privy Council members.
He said he doubted the case would make it to the second stage as it would have major implications, not only across Australia but throughout Commonwealth nations.
“It is a good anthropological argument,” he said.
“It is a very interesting angle but I am not sure the Privy Council is as adventuresome as the Ramindjeri would like.
“I would be delighted to be proven wrong.”
Mr Walker and Mr Koolmatrie said the court challenges could have been avoided if South Australian Premier Jay Weatherill and Aboriginal Affairs Minister Paul Caica had agreed to sit down and talk with the Ramindjeri about issues including their claim the Government favoured Ngarrindjeri while ignoring the Ramindjeri.
http://www.murrayvalleystandard.com.au/story/1191131/aboriginal-group-challenges-constitution/?cs=1275
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