Aborigines win Australian land claim

Aborigines win Australian land claim – Yahoo! News

OK, so here’s another one of my posting that seems to have *nothing* to do with IP or technology and law… But I know that Australia has a history of entertaining claims about indigenous rights–the ones off the top of my head being about copyright and indigenous art and patents and indigenous medicines.

In the Federal court decision, the Noongar people were given a limited land title claim to the city of Perth, the capital of the Western Australia state. It grants native title to lands not usurped by freehold or leashold titles. At issue are the national parks and reserves and what rights this land title claim gives over these areas.

Part of the case hinges on whether the Noongar people had maintained their culture and customs since European settlement in 1829. Since this was decided, this may also provide them–and other similarly situation indigenous peoples–the grounding to make other claims over indigenous rights.

Perhaps such a claim may help with copyright battles over indigenous art–symbols and styles–or with claims over indigenous plants or medicinal traditions. Regardless, it shows the court’s willingness to accept that indigenous cultures have title over things they possessed centuries before European settling.

The Bartlett Diaries has a run-down on the many biases in reporting on this issue.

BennetonTalk provides a more sympathetic interpretation of the aboriginal plight.

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