Reconciliation and Social Justice Library
[
RSJ Home
] [
Global AustLII Search
] [
RSJ Database Search
]
[
Table of Contents
] [
Next
] [
Download
]
THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS SUMMARY REPORT
THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS SUMMARY REPORT
1. INTRODUCTION
1. THE TERMS OF REFERENCE.
2. BACKGROUND TO THE REFERENCE.
3. QUESTIONS FOR THE COMMISSION.
4. MATTERS TO BE TAKEN INTO ACCOUNT.
5. THE COMMISSION'S WORK ON THE REFERENCE.
6. THE ADEQUACY OF CONSULTATION.
7. IMPLEMENTATION AND REVIEW.
2. THE IMPACT OF SETTLEMENT AND EXTENT OF RECOGNITION TODAY
8. FLUCTUATING POLICIES.
9. HISTORICAL OVERVIEW.
10. IMPACT OF SETTLEMENT.
11. THE STATISTICS OF DISADVANTAGE.
12. INITIAL NON-RECOGNITION OF ABORIGINAL CUSTOMARY LAWS.
13. IMITIGATING PRACTICES.
14. ATTEMPTS AT REFORM IN THE 1920S AND 1930S.
15. THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS AND TRADITIONS TODAY.
17. LEGISLATIVE RECOGNITION.
3. DEFINITIONAL QUESTIONS
PRELIMINARY ISSUES
18. Introduction.
19. The Definition of 'Aborigine'.
20. Torres Strait Islanders.
21. Aboriginal Customary Laws.
22. A System of Laws.
THE SCOPE OF THE ENQUIRY
23. Wide or Narrow?
24. Avoiding Overlap.
4. WHY RECOGNITION?
25. A RANGE OF ARGUMENTS.
26. ARGUMENTS FOR RECOGNITION.
27. ARGUMENTS AGAINST RECOGNITION.
28. DISCRIMINATION. EQUALITY AND PLURALISM.
29. OVERSEAS COMPARISONS.
30. THE AUSTRALIAN POSITION.
31. CONCLUSIONS:
32. PLURALISM AND PUBLIC OPINION.
33. HUMAN RIGHTS AND MINORITY RIGHTS.
34. INTERNATIONAL STANDARDS.
35. RELEVANCE OF CIVIL AND POLITICAL RIGHTS COVENANT. ART 27.
36. HUMAN RIGHTS AND THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS.
37. GENERAL CONCLUSION.
5. THE COMMISSION'S APPROACH
38. RECOGNITION BY COMMON LAW OR LEGISLATION ?
39. RECOGNITION OF LOCAL CUSTOM AT COMMON LAW.
40. COMMUNAL NATIVE TITLE.
41. THE SETTLED COLONY DEBATE
42. CONCLUSION: THE NEED FOR LEGISLATION.
43. FORMS OF RECOGNITION.
44. RECOGNITION AS ACKNOWLEDGMENT.
45. INCORPORATION OF ABORIGINAL CUSTOMARY LAWS.
46. RECOGNITION BY EXCLUSION.
47. RECOGNITION BY TRANSLATION.
48. ADJUSTMENT AND ACCOMMODATION.
49. THE COMMISSION'S APPROACH.
50. FUNCTIONAL RECOGNITION.
51. CONSEQUENTIAL MATTERS.
6. RECOGNISING TRADITIONAL MARRIAGES
52. DIFFERING IDEAS OF MARRIAGE AND FAMILY.
53. MARRIAGE IN ABORIGINAL TRADITION.
54. CHANGING MARRIAGE PATTERNS.
55. NON-RECOGNITION OF TRADITIONAL MARRIAGES.
56. ALTERNATIVE METHODS OF RECOGNITION.
57. DE FACTO RECOGNITION.
58. ENFORCING TRADITIONAL MARRIAGE RULES.
59. CATEGORICAL RECOGNITION.
60. FUNCTIONAL RECOGNITION - THE COMMISSION'S PREFERRED APPROACH.
61. GUIDING PRINCIPLES.
62. SPECIFIC RECOMMENDATIONS FOR RECOGNITION OF TRADITIONAL MARRIAGE.
Reconciliation and Social Justice Library