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Australian Indigenous Law Reporter |
Aboriginal Autonomy: Issues And Strategies, H. C. Coombs
(Australia: Cambridge University Press, August 1994) (ISBN 0 521 44097 1 (HB); 0 521 44637
6 (PB)).
After more than two hundred years, one of the most important issues facing Australian society in the 1990s remains the need for reconciliation with its indigenous peoples. In this selection of essays, Coombs reflects on the nature of Aboriginal identity and the importance of autonomy for Australia's Aboriginal peoples. He also suggests strategies by which self-determination might be achieved in practice. Many of the chapters have been written especially for this volume, including one in which Coombs makes a thoughtful and provocative contribution to the Mabo debate, linking the High Court's historic 1992 decision on native title to prospects for Aboriginal autonomy.
Aboriginal Law Handbook, S. Imai, K. Logan, G. Stein
(Canada: Carswell, December 1993) (ISBN 0 459 55777 7).
The Aboriginal Law Handbook provides a valuable guide to legal issues specific to aboriginal peoples in Canada. Topics include:
Aboriginal Self-Determination In Australia, C. Fletcher (ed.)
(Australia: Aboriginal Studies Press, 1994) (ISBN 0 85575 252 1).
This volume represents the proceedings of a conference celebrating the International Year for the World's Indigenous Peoples, held in Townsville, Queensland, in 1993. Coinciding with the height of the native title debate in Australia, many speakers analysed the possible effects of, and opportunities arising from, the High Court's decision. Speakers include Marcia Langton, Lois O'Donohue, Noel Pearson, Charles Perkins, Darryl Pearce and Michael Mansell.
Aborigines And The Law, C. Cunneen, T. Libesman
(Australia: Butterworths, 1994) (ISBN 0 409 30063 2).
Aborigines and the Law is designed for Year 11 and 12 Legal Studies students in Australia. It is the first text to provide comprehensive coverage of the subject for students at the secondary level. Topics include:
A Healing Place: Indigenous Visions For Personal Empowerment And Community
Recovery, K. M. Hazlehurst
(Australia: Central Queensland University Press, 1994) (ISBN 0 908140 87 8).
Intellectual Property Rights For Indigenous Peoples: A Source Book, T. Greaves (ed.)
(United States: Society for Applied Anthropology, 1994).
A source book for anyone interested in the rights of indigenous peoples with respect to the use of their cultural knowledge. It offers current information on cases in which indigenous groups have asserted intellectual property rights, and provides analysis of the legal and political contexts of these rights. Included are various documents, the names and addresses of related organisations and sources, and extensive bibliographies.
Legal Pluralism And The Colonial Legacy: Indigenous Experiences Of Justice
In Canada, Australia, And New Zealand, K. M. Hazlehurst (ed.)
(United Kingdom: Avebury, March 1995) (ISBN 1 85972 078).
This book explores the impact of post-colonial justice systems on the indigenous peoples of Canada, Australia and New Zealand. It places justice issues in political contexts and relates them to broader concerns about the rights and aspirations of indigenous peoples. In explaining the over-representation of Maori, Aborigines and Native Canadians in crime statistics, the contributors also point to alternative strategies for crime prevention and community regeneration. The common experience is that greater autonomy and empowerment of communities in areas of social control and justice delivery are the key to effective reform.
Mabo: The Native Title Legislation: A Legislative Response To The High
Court's Decision, M. A. Stephenson (ed.)
(Australia: University of Queensland Press, April 1995) (ISBN 0 7022 2746 3).
In this collection, Australia's native title legislation is viewed from various angles by experts in law, native title claims, and Aboriginal and Torres Strait Islander legal matters. Contributors include: Professor Garth Nettheim; former Supreme Court Justice, Peter Connolly; Mabo barrister, Bryan Keon-Cohen; Constitutional lawyer, Professor Darrell Lumb; Dr John Forbes; Hugh Fraser, QC; Margaret Stephenson; Frank Brennan; Professor Richard Bartlett; Dominic McGann; and David Yarrow.
Navajo Sacred Places, K. B. Kelley, H. Francis
(United States: Indiana University Press, November 1994) (ISBN 0 253 33116 1 (HB); 0 253 20893 9
(PB)).
An anthropological study and firsthand account that takes readers into the heart of the struggle to protect Navajo sacred places. Navajos have tried to keep the locations and stories behind these places secret. In the face of unbridled land development, however, protecting the landscapes may mean telling the stories. It is in this spirit that Kelley and Francis discuss the Navajo's sacred landscapes and the stories that go with them.
Perceptions Of Justice: Issues In Indigenous And Community Empowerment, K.
M. Hazlehurst (ed.)
(United Kingdom: Avebury, 1995) (ISBN 1 85972 079).
This book documents common emerging experience in Canada, Australia and New Zealand. It places criminal justice issues in contemporary political contexts and relates them to practical concerns about the rights and aspirations of indigenous peoples for self-determination. With the objective of reducing the over-representation of indigenous people in crime statistics, international scholars and practitioners point to alternative strategies for community justice, crime prevention and social regeneration. They highlight the concerns of Native Canadians, New Zealand Maori and Australian Aboriginal peoples for local involvement in areas of social control and justice delivery. Greater autonomy and empowerment of communities are shown to be the keys to effective reform.
The Rights Of Subordinated Peoples, O. Mendelsohn (ed.)
(India: Oxford University Press, October 1994) (ISBN 0 19 563329 6).
The diverse peoples and situations discussed in this volume are: Tribals and Untouchables in India, the Aborigines of Australia, the Indians of Brazil, indigenous people of the former USSR, the Blacks of South Africa, and women under fundamentalist Islam. The editors recognise that conditions of subordination must primarily be overthrown by subordinated peoples themselves, and that there are signs of heightened resistance amongst subordinated peoples in the most diverse situations.
Surviving Columbus: Indigenous Peoples, Political Reform And Environmental
Management In North Australia, P. Jull, M. Mulrennan, M. Sullivan, G. Crough,
D. A. M. Lea (eds)
(Australia: North Australia Research Unit, 1994).
Unjust Relations -- Aboriginal Rights In Canadian Courts, P. Kulchyski (ed.)
(Canada: Oxford University Press, March 1994) (ISBN 0 19 540985 X).
This is a collection of eight Supreme Court decisions concerning Aboriginal rights. The cases, which span from 1888 to 1990, demonstrate the development of the legal value of Aboriginal rights in Canada. The book's introduction examines aboriginal rights scholarship in conjunction with recent critical legal and social theory.
Voices Of Aboriginal Australia: Past, Present, Future, I. Moores (ed.)
(Australia: Butterfly Books, June 1995) (ISBN 0 947333 69 X).
A collection of essays, speeches, poetry, articles, and interviews by and with Aboriginal people, on issues of racism, discrimination, justice and the law, social conditions, and land rights. Specific topics include:
Aboriginal Non Democracy: A Case For Aboriginal Self Government And
Responsive Administration, C. Fletcher
(Australia: North Australia Research Unit, October 1994).
Aboriginal Employment, Native Title And Regionalism Discussion Paper No. 87,
J. Finlayson
(Australia: Centre for Aboriginal Economic Policy Research, 1995)
(ISSN 1036 1774; ISBN 0 7315 1761 X).
The recommendations of the Royal Commission into Aboriginal Deaths in Custody identified tourism as a potential source of private sector employment and enterprise development for Aboriginal people in Australia. The question arises as to how realistic this expectation is, given the findings of the 1994 Aboriginal Employment Development Policy (AEDP) mid-term review that Aboriginal people are reluctant to seek work actively in this sector of mainstream employment. This paper describes a commercial tourism venture in north Queensland which employs local Aboriginal people. As a case study, the venture provides a context for reflecting on wider AEDP issues associated with both private sector employment and regional economic development. The importance of the Tjapukai Dance Theatre is not simply its commercial success, nor the fact that it operates without government subsidies, but that it is a partnership between Aboriginal and non-Aboriginal peoples. A consequence of the successful commercial partnership is the heightened profile of Djabugay people in the Cairns region. This is reflected in their assertion of self-determination through a native title claim and a proactive engagement with wider regional economic opportunities in tourism development.
Assessing The Relative Allocative Efficiency of The Native Title Act 1993
And The Aboriginal Land Rights (Northern Territory) Act 1976 Discussion
Paper No. 79, S. L. McKenna
(Australia: Centre for Aboriginal Economic Policy Research, 1995) (ISSN 1036 1774; ISBN 0 7315 1753 9).
Economic analysis indicates that a socially optimal level of mining may not be occurring under the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA). This paper suggests that this is because transaction costs are hindering negotiations between miners and Aborigines or because of a strategic behaviour problem. The paper discusses whether the mining provisions of the Native Title Act 1993 (NTA) have the potential to overcome the difficulties evident in the ALRA's operation. It is argued that transaction costs will probably be less under the NTA than under the ALRA and that a liability rule is likely to be more efficient than a property right as transaction costs increase. This suggests that the ALRA is inefficient compared to the NTA. The merits of arbitration in an environment of strategic behaviour are also discussed. The general conclusion is that the NTA has the potential to lead to more efficient outcomes than the ALRA.
Beyond Native Title: Multiple Land Use Agreements And Aboriginal Governance
In The Kimberley Discussion Paper No. 89, P. Sullivan
(Australia: Centre for Aboriginal Economic Policy Research, 1995) (ISSN 1036 1774; ISBN 0 7315 1763
6).
Aborigines make up by far the largest proportion of the long-term residents in the Kimberley region in northwestern Australia. They already control, by one means or another, considerable areas of land. The Native Title Act 1993 offers the possibility of greater control. With Canadian models and the example of the Torres Strait Regional Authority before them, the mood is growing among community-controlled functional organisations, in communities, and within the political leadership for greater regional autonomy and a form of Aboriginal governance in the region. This paper analyses pressures for a regional authority under the Aboriginal and Torres Strait Islander Commission (ATSIC), a regional agreement or various sub-regional agreements over multiple land use, and a form of regional Aboriginal governance. It suggests that the first approach is being driven by pressures for multiple access to land, while the second is a means of more efficient delivery of Commonwealth development funding and may in the long term impede greater autonomy. The third approach, that of regional governance, embraces and goes beyond the first two to respond to the need for a new form of political accommodation between Aborigines and settlers in the Kimberley.
Mineral Development Agreements Negotiated By Aboriginal Communities In The
1990S Discussion Paper No. 85, C. O'Faircheallaigh
(Australia: Centre for Aboriginal Economic Policy Research, 1995) (ISSN 1036 1774; ISBN 0 7315 1759
8).
This paper examines five resource development agreements signed between mining companies and Aboriginal communities between 1992 and 1994 in the Northern Territory and north Queensland. These include the Mt Todd Agreement, the McArthur River Agreement, the Cape Flattery-Hope Vale Agreement, the Mapoon-Skardon River Agreement and the Placer Pacific-Kalkadoon Tribal Council Agreement. It also discusses the approach adopted by the Northern Land Council to negotiating exploration licence agreements under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). The paper updates the literature that examined a series of mineral development agreements negotiated between Aboriginal interests and mining companies in the late 1970s and early 1980s. It also analyses the broader context within which the five more recent agreements were negotiated. In conclusion, the author comments on the broader political significance of some general trends that emerge from the cases and suggests criteria for evaluating these agreements.
Native Title Act 1993: Implementation Issues For Resource Developers Discussion Paper No. 88,
J. Altman
(Australia: Centre for Aboriginal Economic Policy Research, 1995) (ISSN 1036 1774; ISBN 0 7315 1762 8).
There is little documented evidence that the Native Title Act 1993 (Cth) (NTA) hampers mineral, oil and gas exploration and production because few genuine attempts have been made to work within the existing framework. From a public policy perspective, this paper discusses the rationale and associated risks of the strategy of interested parties in challenging the effectiveness of the NTA. The analysis focuses on statutory provisions for a future acts regime and the right of negotiation under the NTA; provisions with potential to reduce transaction costs and enhance certainty are also outlined. It is suggested that, rather than playing within the rules established under the NTA, most parties have focused on changing the rules. It is possible, however, to operate within the existing framework and extract gains from trade. The Mt Todd Agreement is discussed as an example. In conclusion, it is argued that while the rules might need some alteration, and specific recommendations are made, legislative amendment will require the concurrence of all parties. Continued strategic behaviour, and associated avoidance behaviour by resource developers, is a high risk strategy that might result in net long-term losses for all parties.
Negotiations Between Mining Companies And Aboriginal Communities: Process
And Structure Discussion Paper No. 86, C. O'Faircheallaigh
(Australia: Centre for Aboriginal Economic Policy Research, 1995) (ISSN 1036 1774; ISBN 0 7315
1760 1).
During recent years, Aboriginal communities in Australia have become increasingly involved in negotiating mineral development agreements with mining companies and State agencies. Two factors influence the extent to which indigenous interests can achieve benefits from such negotiations. The first is the bargaining power available to them associated, for example, with land ownership. The second is the ability of Aboriginal communities to mobilise and extend such leverage. This paper draws on the author's own experience in assisting Aboriginal communities in Cape York to prepare for and undertake negotiations, especially in relation to the Cape Flattery and Skardon River projects. Issues addressed include: mechanisms for establishing common community goals; means to ensure access to vital information for commercial bargaining purposes; the need for adequate resources for equitable negotiations; the need for appropriate institutional structures; and the need for good working relations between technical staff and political decision-makers. The paper also raises the issue of implementation of conditions in agreements, especially if significant potential benefits to communities are to be realised.
Aboriginal Over-Representation And Discretionary Decisions In The Nsw
Juvenile Justice System, G. Luke, C. Cunneen
(Australia: Juvenile Justice Advisory Council of NSW, January 1995).
Central Land Council Annual Report 1993-1994,
(Australia: Australian Government Publishing Service, 1994) (ISSN 1034 3652).
Choosing Life: Special Report On Suicide Among Aboriginal People, Royal
Commission on Aboriginal Peoples
(Canada: Canada Communication Group, 1995).
First Report Of The Parliamentary Joint Committee On Native Title --
Consultations During August 1994, Parliament of the Commonwealth of Australia
(Australia: Australian Government Publishing Service, October 1994) (ISBN 0 642 21336 4).
Going Forward -- Social Justice For The First Australians, Council for
Aboriginal Reconciliation
(Australia: Australian Government Publishing Service,
March 1995) (ISBN 0 642 22642 3).
Indigenous Social Justice -- Volume 1: Strategies And Recommendations,
Submission to the Parliament of the Commonwealth of Australia on the Social
Justice Package, Aboriginal and Torres Strait Islander Social Justice
Commissioner
(Australia: Human Rights and Equal Opportunity Commission, April
1995).
See article by Peter Jull, p. 1.
Indigenous Social Justice -- Volume 2: Regional Agreements, Submission to
the Parliament of the Commonwealth of Australia on the Social Justice Package,
Aboriginal and Torres Strait Islander Social Justice Commissioner
(Australia: Human Rights and Equal Opportunity Commission, April 1995).
This volume examines the national and international dimensions of regional agreements.
See article by Peter Jull, p. 1.
Indigenous Social Justice -- Volume 3: Resource Materials, Submission to the
Parliament of the Commonwealth of Australia on the Social Justice Package,
Aboriginal and Torres Strait Islander Social Justice Commissioner
(Australia: Human Rights and Equal Opportunity Commission, April 1995).
See article by Peter Jull, p. 1.
Land Management Issues: Attitudes And Perceptions Amongst Aboriginal People
Of Central Australia, B. Rose
(Australia: Central Land Council, January 1995).
This study considers Aboriginal attitudes and perceptions in relation to land management issues, as well as those of mainstream land managers.
Mornington Island Review Report, Race Discrimination Commissioner and
Aboriginal and Torres Strait Islander Social Justice Commissioner
(Australia: Human Rights and Equal Opportunity Commission, Race Discrimination Unit, April
1995).
National Aboriginal And Torres Strait Islander Survey 1994 -- Detailed
Findings, Australian Bureau of Statistics, ABS Catalogue No. 4190. [0]
(Australia: Australian Government Publishing Service, 1995) (ISBN 0 642 20735 6).
Native Title Report, January -- June 1994, Aboriginal and Torres
Strait Islander Social Justice Commissioner
(Australia: Australian Government Publishing Service, April 1995).
This is the first report of the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Minister for Aboriginal and Torres Strait Islander Affairs as required by s. 209 of the Native Title Act 1993 (Cth). It concerns the operation of the Native Title Act and its effect on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.
Recognition, Rights And Reform: A Report To Government On Native Title
Social Justice Measures, Aboriginal and Torres Strait Islander Commission
(Australia: Australian Government Publishing Service, 1995) (ISBN 0 642 22543 5).
See p. 76. See also article by Peter Jull, p. 1.
Second Report 1994, Aboriginal and Torres Strait Islander Social Justice
Commissioner
(Australia: Australian Government Publishing Service, 1995) (ISSN 1321 11).
See p. 80.
Second Report Of The Parliamentary Joint Committee On Native Title -- The
National Native Title Tribunal Annual Report 1993-1994, Parliament of the
Commonwealth of Australia
(Australia: Australian Government Publishing Service, March 1995) (ISBN 0 642 22443 9).
Treaty Making In The Spirit Of Co-Existence: An Alternative To
Extinguishment, Royal Commission on Aboriginal Peoples
(Canada: Canada Communication Group, 1995) (ISBN 0 660 15818 3).
Walking Together: The First Steps, Report of the Council for Aboriginal
Reconciliation to Federal Parliament 1991-1994
(Australia: Australian Government Publishing Service, 1994) (ISBN 0644 35174 8).
The Annotated Indian Act 1994, D. L. Hawley
(Canada: Carswell, October 1993) (ISBN 0 459 55782 3 (HB); 0 459 55785 8 (PB)).
Consolidated Native Law Statutes, Regulations And Treaties 1994
(Canada: Carswell, December 1993) (ISBN 0 459 55796 3).
Native Law, J. Woodward, looseleaf service
(Canada: Carswell) (ISBN 0 459 33271 6).
Comprehensive coverage, in one volume, of the laws affecting Canada's Indian, Inuit and Méti peoples and their lands. The service contains legal analysis supported by authoritative references, a chart showing population and alternate names of all Indian Bands in Canada, plus Indian Act orders and regulations applicable to each.
Native Title, looseleaf service
(Australia: Butterworths).
Queensland Land Titles Act -- Annotated, A. Preece, P. McDermott, M.
Stephenson
(Australia: Butterworths, 1995) (ISBN 0 409 49377 5 (HB); 0 409 49378 3 (PB)).
Waitangi Tribunal Reports
(New Zealand: Brooker's).