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Trappel, Jessica --- "An Interview with Megan Davis" [2010] IndigLawB 28; (2010) 7(19) Indigenous Law Bulletin 24


An Interview with Megan Davis

Jessica Trappel

Megan Davis is the Director of the Indigenous Law Centre, a Senior Law Lecturer at the University of New South Wales and an Acting Commissioner of the NSW Land and Environment Court. She recently completed her postdoctoral studies at the Australian National University, where she examined the relationship between Aboriginal women and democracy.

Megan has extensive experience as an international human rights lawyer. She participated in the drafting of the Declaration on the Rights of Indigenous Peoples (‘the Declaration’) from 1999-2004 and worked as an Indigenous Fellow at the United Nations Office of the High Commissioner for Human Rights. Megan has worked extensively as a lawyer in Indigenous legal advocacy, participating in working groups and expert seminars at the United Nations for over a decade. She is currently an Australian member of the International Law Association's Indigenous Rights Committee.

In May 2010, Megan was appointed as a member of the United Nations Permanent Forum on Indigenous Issues and was awarded NAIDOC Scholar of the Year.

What attracted you to international law?

I have always been fascinated by international relations and the work of the United Nations. Growing up, Mum had a subscription to Time Magazine (US version) which I used to read in primary and high school. I was really interested in the United Nations and the Middle East. At high school and university, I studied modern history and Australian foreign affairs and was very interested in the causes of war and peace building. I still collect foreign policy books. I am strongly committed to the Charter of the United Nations and the importance of fostering peace and security in the world. I am really strongly committed to the international human rights law system. The development of this system saw states trade some of their sovereignty in order to subject their human rights record to external scrutiny. Even today I am deeply moved by the stories of human rights tragedies during WWI and WWII and the loss of lives. It is important that the circumstances surrounding the two world wars and their causes be taught to all students so we never forget. Even so, the system has its flaws and its gaps and I also think it is necessary as a scholar to cast a critical eye over how the system works and its limitations within states.

How relevant is international law to Indigenous people in Australia?

International law is extremely important to Indigenous peoples around the world. Many of the significant developments in Australian political culture and law affecting Indigenous rights came as a result of developments in international law, especially the right of non-discrimination. International law influences the development of the common law; it is directly implemented into statutes that have provided a significant degree of human rights protection for Indigenous peoples.

The Declaration is relevant to the daily lives of Aboriginal and Torres Strait Islander peoples. It should be used now, immediately, by communities in their daily work with non-government organisations and civil society groups, as well as with local, state and federal governments. If we do not use it actively, it cannot be effective. We cannot simply wait for the Federal Government to implement it or to legislate to give it effect.

Also, there are a lot of other international laws that are not specific to Indigenous peoples that remain relevant, for example, the International Labour Organisation’s employment standards regarding unfair dismissals and maternity leave. Having said all that, international law is limited in that it is only as effective as states allow it to be. The question of constitutional reform and Indigenous recognition remains one of Australia’s great challenges.

How did your appointment to the Permanent Forum on Indigenous Issues come about?

The Permanent Forum has 16 members; eight are nominated by Indigenous organisations and eight are nominated by member states. A vacancy arose from the Western and Other Region (‘WEOG’), the region to which Australia belongs. The Australian Minister for Indigenous Affairs, Jenny Macklin and the Foreign Minister, Stephen Smith nominated me to fill that vacancy. Finland also nominated a candidate, Eva Biaudet, making it a contested seat. This meant that I had to run in an Economic and Social Council (‘ECOSOC’) election. Fortunately, after lobbying the 54 states making up ECOSOC, we won with the most votes. Finland was second and so Eva also takes a seat on the Permanent Forum.

How important/relevant is the Permanent Forum on Indigenous Issues for Australia?

The mandate of the Permanent Forum is to discuss Indigenous issues relating to social development, culture, environment, human rights, to advise ECOSOC and to make recommendations on the basis of these discussions. This is relevant to all Indigenous peoples as the purpose of the mandate is to ensure that expert advice regarding Indigenous issues is integrated into the work of UN funds and agencies. One aspect of the mandate requires the preparation and dissemination of information on Indigenous issues; this will enable me to write on issues relevant to Aboriginal and Torres Strait Islander people in Australia. I would like to explore further the way in which democracies integrate Indigenous peoples into their legal and political systems.

What are you hoping to achieve through your appointment to the Permanent Forum on Indigenous Issues?

I am very concerned with issues affecting Indigenous women globally. Often women's issues are overlooked because of the nature of collective rights. Their interests are often subsumed under the rubric of Indigenous rights and their unique needs as women are often overlooked. I hope to draw attention to the many ways in which Aboriginal women are marginalised. This is often a difficult discussion for Indigenous peoples around the world because it is feared that concentrating on women's issues will divert attention away from the group. Women’s issues are also seen as drawing attention to some of the negative aspects of Indigenous communities such as violence.

But change can only come through confronting the brutal reality of some Aboriginal women's experiences. It is important to elicit from Aboriginal women their concept of ‘the good life’ so that, in working toward achieving the right to self-determination, we have a more nuanced idea of what women think, and what women want. By focusing on women's issues, and improving the lives of women, we only strengthen Indigenous communities. It can only be a positive thing.

Tell me about your background.

I grew up in country and regional Queensland in both the south-west and south-east. My Dad’s side of the family is Aboriginal and South Sea Islander. My great-grandmother was Lily Davis from Warra, halfway between Dalby and Chinchilla. My Dad, Alfie, worked for Queensland Rail his whole life as a railway fettler. He had an amazing work ethic. I have great fondness for Australian railway history because of him. My Mum, Dawn, was a high school English teacher. She has an incredible intellect; she excelled in English at high school and was awarded numerous prizes. She has only just retired from teaching French and Australian History at the University of the Third Age in Beenleigh. I have five siblings: Alfie, Will, John, Lucy and a half-brother, Shane. Between us, we have ten nephews and nieces and one more on the way. We are all very close in age, very competitive with each other and we have all worked in and are committed to Indigenous education in various guises.

We grew up mostly in Hervey Bay, where my grandfather, Fred Davis had bought land at Urangan, and then we lived in Eagleby. I went to school at Star of the Sea, Hervey Bay and St Josephs Tobruk Memorial school in Beenleigh for primary school and then Trinity College, Beenleigh for secondary school. I studied a Bachelor of Arts and Law at the University of Queensland, where I majored in Australian History. For those three years, I lived on campus at Duchesne College, which was the women’s Catholic residential college in St Lucia. During my penultimate year of Law, I started research for the Principal Legal Officer at the Foundation for Aboriginal Islander Research Action (‘FAIRA’) in Brisbane. It was there that I started doing research into the international legal regime, looking specifically at the intellectual property rights of Indigenous peoples. Immediately after law school I was accepted into the United Nations Fellowship in Geneva. In fact, I sat my tax and evidence law exams in Geneva not long after I arrived!

What does this appointment mean to your family and community?

I have had an overwhelming reception of support and good wishes from my family and my home community in South-East Queensland, as well as from the wider Aboriginal and Torres Strait Islander community across Australia. Women especially are pleased that the Australian Government nominated an Aboriginal woman – on the basis of merit – to such an important leadership position.

Jessica Trappel recently graduated from a Bachelor of Laws at the University of New South Wales. She is currently a Research Associate at the Indigenous Law Centre, where she is examining the use of Aboriginal customary law in the courts, a joint project being undertaken in partnership with the NSW Aboriginal Legal Service.