The High Court's dismissal of the Yorta Yorta case today showed native title alone was unable to resolve all the outstanding issues between indigenous and other Australians, federal parliament's only Aboriginal member said.
Australian Democrats Senator Aden Ridgeway today paid tribute to the Yorta Yorta people and said the Democrats supported their ongoing battle for recognition.
"Just as the courts and the associated adversarial process of litigation is not an appropriate policy response to the legacy of the stolen generations, so too it falls well short of the mark when it comes to resolving the aftermath of more than 200 years of oppression," he said in a statement entitled Terra Nullius by Attrition.
The High Court, by a majority of five to two, upheld an earlier Federal Court decision that the forebears of the Yorta Yorta native title claimants had ceased to occupy their land in accordance with traditional laws and customs.
The court found the claimants had not established that they had continued to acknowledge and observe those laws and customs.
"Regardless of this latest judgment, the Yorta Yorta people know their culture and their connection to country still exists," Senator Ridgeway said.
"The Australian Democrats pay tribute to the Yorta Yorta people for their determination in their fight for justice and support them in their ongoing battle for recognition."
The Yorta Yorta native title application was lodged in February 1994, and covers about 2,000 square kilometres around the Murray River in NSW and Victoria.
The native title claim moved to the High Court in February 2001, after the Federal Court dismissed the claim in late 1998.
At the time, Federal Court Justice Howard Olney found the Yorta Yorta people's ancestors ceased to occupy their traditional lands in accordance with their laws and customs before the end of the 19th century.
In January 1999, the Yorta Yorta people unsuccessfully appealed to the Full Court of the Federal Court.
AAP