Torres Strait islanders are warning the Queensland government that its plans to apply animal cruelty laws to traditional hunters could end up in the High Court.
For thousands of years the islanders have hunted turtles and dugongs for food and to preserve their ancient custom. But there's anger in the islands: they feel they've been portrayed as senseless slaughterers.
The state government says the changes will not affect native title rights, which are protected by an international treaty, and will hold talks with indigenous groups before the amended law is enforced.
“It's our tradition to go out and hunt,” said Toshie Kris, chair of the federal Torres Strait Regional Authority. “It's our lore and we need to give recognition and respect to that law through legislation.”
The Torres Strait Treaty with Papua New Guinea guarantees the islanders' traditional hunting rights, overriding federal and Queensland law.
Toshie Kris condemns the secret filming earlier this year by ABC Television, which allegedly showed the cutting up of a live turtle.
“It did portray us very bad, with the cutting of turtle and dugong, the practice and methods used,” said Mr Kris. “[It] was a completely a different perspective on how traditional owners practice traditional hunting in the Torres Strait.”
Broadcast during the Queensland election campaign, the footage caused outrage on the mainland and the opposition Liberal National Party (LNP) vowed to act.
Now in government, the LNP plans to remove existing exemptions to animal cruelty laws covering all traditional hunters.
“A court would find that the butchering of a turtles while they're still alive is absolutely cruel, and I would expect the majority of the population, including the Aboriginal and Torres Strait islander population would agree with me on that,” said John McVeigh, the Agriculture, Forestry and Fisheries minister.
Under the Queensland Animal Care and Protection Act, cruelty breaches are punishable with a $100,000 fine and up to two years in jail.
“If for example a complaint is received, we'll have specialist investigators from my department, with assistance from other agencies, that would investigate the alleged offences,” Mr McVeigh said.
“Depending on the community, that may be done with or through community leaders, on a very cooperative basis.”
But Torres Strait islanders said they were not properly consulted and are keen to negotiate with the government, to a point.
“You could see traditional owners over our region getting up and standing up for their birth rights and if needed be take it to the High Court,” Mr Kris said.
Following this month's 20th anniversary of the High Court recognition of Mabo and native title rights, Queensland could again face a costly legal battle.
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