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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 741. More Basic Criticisms.
Criticisms at a number of different levels have been directed at
the Queensland Aboriginal court system. At one level there has been
criticism of the philosophy underlying the courts and of the effect
they are said to have had, and continue to have, on Aborigines
collectively and individually. [179] These relate principally to
Aboriginal rights to self-determination, and to the effect that the
reserve system in Queensland has had on Aboriginal people. At a
second level, criticism is directed at the rules and regulations
which guide them and the way they operate in practice. The
Community Services (Aborigines) Act 1984
(Qld) has attempted to meet some at least of the criticisms at
this second level. It remains to be seen to what extent
improvements will be made in the actual working of the courts. In
any event, more basic criticisms are likely to continue. These
include:
· the courts are inferior or 'second-class' institutions;
· the lack of real Aboriginal influence or control;
· the courts' inability, or failure, to take into account local
customs and traditions;
· criticism of the courts as an aspect of the reserve system
as a whole, which is seen as an imposition of alien structures and
values.
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