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Australian Indigenous Law Reporter |
J Aldous, Aboriginal Law and Justice: Case Studies in Just Outcomes
(Australia: Macmillan, 1996) (ISBN 0 7329 3752 3)
This book is designed for VCE Unit 3 and 4 legal studies students and is applicable
to 2 unit and 3 unit legal studies course in NSW. The book is divided into four
sections: Defining Justice and outcomes; Assessing justice - four case studies;
Evaluation of the legal system; and Strategies and approaches to CAT 2. The
book considers the capacity of the Anglo-Australian legal system to mete out
justice for Indigenous Australians. The issue is examined through the
consideration of four contemporary cases: the Neil Inkamala case; the Wilson
Walker case; Lauder's case; and the Robyn Kina case. The issues explored
include: the recognition of customary law and tribal punishments; the problems
experienced by Indigenous people in the giving of evidence and the impact of
tribal taboos; and issues that specifically concern Aboriginal women.
S J Anaya, Indigenous Peoples in International Law
(USA: Oxford University Press, 1996)
Provides a theoretically grounded and practically-oriented synthesis of the historical,
contemporary and emerging international law related to Indigenous peoples.
Discusses the new generation of international treaty and customary norms, while
linking the new and emergent norms with previously existing international human
rights standards of general applicability.
B Attwood, In the Age of Mabo
(Australia: Allen & Unwin, 1996) (ISBN 186373 841 X)
In this collection, the cultural and political consequences of the High Court of
Australia's Mabo decision is considered. The book provides a historical
analysis of the High Court decision. The authors consider how the Mabo
decision represents a new historical narrative which affects the way we
conceive the relationship between Indigenous and settler Australians and
Australia's national identity. The book explores the way the Aboriginal past is
represented in a range of national discourses, and the importance that the
concept of Aboriginality has for debates about nationhood and the national
identity in the context of a future republic. Contributors include historians,
anthropologists and archaeologists: Henry Reynolds, Deborah Bird Rose, Tim
Murray, Richard Broome, Rosemary Hunter, Jane Jacobs, Andrew Markus, Bain
Attwood, John Morton, and Patrick Wolfe.
L Behrendt, Aboriginal Dispute Resolution
(Australia: the Federation Press, 1995) (ISBN 1 86287 178 7)
This book explores the way land disputes with Indigenous peoples in Australia are
settled and proposes a new system which promotes genuine and enduring
reconciliation between Indigenous and non-Indigenous peoples in Australia. The
book is written from an Indigenous perspective, the author focuses on the
historical role of the law as an instrument in dispossession and oppression of
Indigenous peoples. She proposes that land disputes with Indigenous peoples be
resolved by elders on Aboriginal lands using traditional Indigenous methods of
dispute resolution.
Q Beresford & P Omaji, Rites of Passage
(Australia: 1996)
This book explores Aboriginal juvenile crime. It considers why Aboriginal youths who
are founded guilty of offences against the law are four times more likely than
their white counterparts in ending up in juvenile detention centres. The
authors question how two-thirds of inmates in juvenile detention centres are
Aboriginal when only two per cent of the Australian population is Indigenous.
They consider these issues in the historical context of dispossession and
institutionalisation, government policies creating disempowerment and
dependency and continuing racism in all spheres of political, social and
economic life.
G Bird, G Martin & J Nielsen (eds.), Majah: Indigenous Peoples &
Law
(Australia: The Federation Press, 1996) (ISBN 1 86287 197 3)
This collection of essays explore the relationship between Indigenous peoples and
the law. Issues include: self-determination for Indigenous peoples; claims of
title to compensation for the loss of traditional lands; the impact of British
law on colonised peoples; deaths in custody; property rights in Indigenous art.
V Brady, Can These Bones Live?
(Australia: the Federation Press, 1996) (ISBN 1 86287 221 X)
This book considers why reconciliation between Indigenous and non-Indigenous peoples
is so difficult for Australia's non-Indigenous population. The author explores
the difficulty for non-Indigenous Australians to recognise Indigenous peoples
as human beings with skills, knowledges, histories and cultures - equally valid
but different to European experiences and understandings. The author explores
these issues through Australian literature from early works to contemporary
works such as Oscar and Lucinda and My Place.
F Brennan, One Land, One Nation
(Australia: University of Queensland Press, 1995)
P Butt & R Eagleson, Mabo: What the High Court Said & What the
Government Did?
(Australia: the Federation Press, 2nd ed, 1996) (ISBN 1862872074) PB 100pp rrp
$19.95.
This book provides a plain English interpretation of the consequences of the High
Court of Australia's decision in Mabo. Since the first edition was
published, the Commonwealth Government passed the Native Title Act 1993
(Cth). The authors have added a chapter to explain the major achievements of
the Act and they consider some of the changes to the Act proposed by the new
Federal Government.
G Cowlishaw and B Morris (eds.), Race Matters
(Australia: Aboriginal Studies Press, 1996) (ISBN 0 85575 294 7).
This collection of essays explores the effects of racial discrimination and the
denial of Indigenous rights.
R Howitt, J Connell and P Hirsch (eds.), Resources, Nations and
Indigenous Peoples: Case Studies from Australasia, Melanesia and South-East Asia
(Australia: Oxford University Press, 1996)
Contributors include: Christine Fletcher
N Loos and K Mabo, Edward Koiki Mabo,
(Australia: University of Queensland Press, 1996)
Told mainly in his own words, this book traces the life of Edward Koiko Mabo. The
book spans the years from this birth in 1936 to his death in 1992, just months
prior to the historic High Court decision which overturned the doctrine of
terra nullius. It covers his life as a young boy on the island of Mer
through to his struggle in the union moment and the Aboriginal rights movement.
F McKeown et al (eds.), Native Title: An Opportunity for Understanding
(Australia: National Native Title Tribunal, 1996)
Contributors include Peter Jull.
H McRae, G Nettheim, L Beacroft, Indigenous Legal Issues: Commentary and Materials
(Australia: LBC Information Services, 1997)
New edition of a 1991 coursebook, originally published as Aboriginal Legal Issues.
Part One is entitled Distinct Peoples, Distinct Laws and contains chapters on
"Background and History" and "Indigenous Laws". Part Two: Autonomy Issues
contains Chapter 3 "Indigenous Sovereignty". Part Three: Territorial Issues
includes Chapter 4 on "Land Rights Legislation" and Chapters 5 and 6 on "Native
Title". Part Four: Equality Issues contains Chapter 7 "Racial Discrimination",
Chapter 8 "Criminal Justice Issues" and Chapter 9 "Child Welfare". Part Five:
Outstanding Issues presents a concluding Chapter 10 "Towards Resolution" which
focuses on "social justice package" proposals and Reconciliation.
H Reynolds, Aboriginal Sovereignty: Three Nations, One Australia?
(Australia: Allen & Unwin, 1996)
M Rose, For the Record: 160 years of Aboriginal print journalism
(Australia: Allen & Unwin, 1996) (ISBN 186448 058 0)
This book contains numerous examples of Aboriginal journalism from 1837 to 1995. It
provides Aboriginal perspectives of significant issues and events in Aboriginal
and Australian history. Articles include: protests about poor treatment on
reserves in the 1930s, an eyewitness account of the Maralinga atomic bomb test
in the 1950s, Bill Rosser's description of life on Palm Island, Kevin Gilbert's
call for a formal treaty between Indigenous peoples and the Australian
government, and Noel Pearson's commentary on the High Court's judgment in the
Mabo decision.
N Sharp, No Ordinary Judgment: Mabo, the Murray Islanders' Case
(Australia: Aboriginal Studies Press, 1996) (ISBN 0 85575 287 4)
This book provides the background to the Mabo case.
P Sullivan (ed.), Shooting the Banker: Essays on ATSIC and
Self-Determination
(Australia: North Australia Research Unit, 1996) (ISBN 0 7315 24487)
A collection of essays which considers the Aboriginal and Torres Strait Islander
Commission (ATSIC) after six years of its operation and aims to open up
discussion about reform. The establishment of ATSIC is seen by some
commentators as a step toward Indigenous self-determination. The book explores
the numerous levels of tension between ATSIC as a body for funding (the
"banker") of Aboriginal development and ATSIC as a representative body.
P Sullivan, All Free Man Now: Culture, Community and Politics in the
Kimberley Region North Western Australia
(Australia: Australian Studies Press, Report Series, Australian Institute of Aboriginal and
Torres Strait Islander Studies, 1996) (ISBN 0 85575 274 2)
This book explores contemporary intercultural relations between Indigenous
peoples and European Australians, the administration of Aboriginal affairs and
the Aboriginal political institutions in the Kimberley region. The author
considers the tensions and struggles between Indigenous peoples and Europeans
in the Kimberley region and how the intrusion of government administration in
the daily lives of Indigenous peoples and the expansion of the European
population following services, tourism and economic development significantly
constrains Aboriginal peoples abilities to attain self-determination on their
own lands. The problems are not only political and economic but are also about
cultural domination both as a daily activity and as a system of values and
beliefs.
M Wilson and A Yeatman, Justice and Identity: Antipodean practices
(Australia: Allen & Unwin, 1995) (ISBN 1 86373 889 4)
The authors discuss the interrelationship between justice, identity and difference.
This collection of essays draws upon recent Australian and New Zealand
experiences and explores our understanding of concepts such as sovereignty,
governance and democracy. The Mabo debates are contextualised and the legal
status of the New Zealand Treaty of Waitangi is reconsidered, and contemporary
Maori political and cultural strategies analysed.
G Yunupingu (ed), Our Land is Our Life: Land Rights -- Past, Present and Future
(Australia: University of Queensland Press, 1997) (ISBN 0 7022 2958 X)
This collection of essays bring together numerous Indigenous perspectives for a
co-existence of Indigenous and non-Indigenous Australians. Contributors
include: Noel Pearson, Marcia Langton and Galarrwuy Yungupingu.
Aboriginal and Torres Strait Islander Social Justice Commissioner Fourth Report
(Australia: AGPS, 1996)
See (1996) 1(4) AILR, p. 120
Aboriginal Witnesses in Queensland's Criminal Courts
(Australia: Goprint, 1996)
See (1996) 1(4) AILR, p. 651
Alternative Governing Structure Program: Program Description and Funding
Guidelines
(Australia: Office of Aboriginal and Torres Strait Islander Affairs, 1996)
See (1996) 1(4) AILR, p. 675
Fisheries, Aquaculture and Aboriginal and Torres Strait Islander
Peoples: Studies, Policies and Legislation
(Australia: Department of Environment, Sport and Territories, 1996)
See (1996) 1(4) AILR, p. 128
Implementation of the Commonwealth Government Responses to the
Recommendations of the Royal Commission into Aboriginal Deaths in Custody, Annual Report 1994-95
(Australia: Aboriginal and Torres Strait Islander Commission, 1996)
See (1996) 1(4) AILR, p. 648
Indigenous Deaths In Custody 1989-1996
(Australia: ATSIC, 1996)
Prepared by the Office of the Aboriginal and Torres Strait Islander Social Justice
Commissioner for ATSIC to examine how Governments have implemented the
recommendations of the Royal Commission.
Inquiry into Juvenile Detention Centres
(Australia: 1996)
A special report to the NSW Parliament under s. 31 of the Ombudsman Act.
National Indigenous Land Strategy 1996-2001
(Australia: Indigenous Land Corporation, 1996)
See(1996) 1(4) AILR, p. 698
Native Title Report July 1995- June 1996
(Australia: AGPS, 1996)
See (1996) 1(4) AILR, p. 695
Local Justice Initiatives Program
(Australia: Office of Aboriginal and Torres Strait Islander Affairs, 1996)
See (1996) 1(4) AILR, p. 685
National Aboriginal and Torres Strait Islander Survey 1994: Employment
Outcomes for Indigenous Australians
(Australia: AGPS, 1996)
See (1996) 1(4) AILR, p. 668
Provision of Services to Aboriginal People in Western Australia
(Australia: 1996)
See AILR this issue, p. 110
Report of the Review of the Aboriginal Land Trust
(Australia: Aboriginal Affairs Department, 1996)
See AILRthis issue, p. 114
Review of the Aboriginal
and Torres Strait Islander Heritage Protection Act 1984 (the Evatt Report)
(Australia: 1996)
Examines methods for improving processes involved in protecting Australia's indigenous
heritage as outlined in the ATSI Protection Act.
Royal Commission on Aboriginal People
(Canada: Canada Communications Group -- Publishing, 1996)
Taranaki Report -- Kaupapa Tuatahi
(New Zealand: GP Publications, 1996)
See AILR this issue, p. 158