The World Indigenous Legal Conference 2014 examines legal issues affecting Indigenous Peoples worldwide.
Hosted by the Indigenous Lawyers Association of Queensland at QUT, WILC 2014 will address:
Registration includes the official opening and welcome ceremony hosted by the Chief Justice of Queensland, the Hon Paul de Jersey AC at the QEII Law Courts Complex and a conference dinner in the Grand Chelsea Room, Mercure Brisbane on Thursday 26 June 2014 at 6.30pm with keynote speaker Senator Nigel Scullion, Minister for Indigenous Affairs and Senator for the Northern Territory (Australia).
International delegates can also take advantage of a special activities program on Monday 23 and Tuesday 24 June.
Conference artwork, “Caina Patut, Wartanganha” appears courtesy of Chern’ee Sutton, a 17 year old contemporary Indigenous artist from the Kalkadoon people from the Mt Isa area in Queensland.
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Helen Bowskill QC
A small delegation of international speakers and delegates will travel to the community of Cherbourg. Those wishing to attend must advise the organisers at the time of registration. Places are limited.
Official Opening and Welcome
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P Block – Level 5 Terrace
Ngarra Law, Recognition within the Australian Nation State
The keynote address will outline the fundamental principles of Ngarra Law, as a complete system of law based on the principles of peace, order and good government. Ngarra law has been practiced by Yolngu peoples of Eastern Arnhem Land for many thousands of years, and for a long time Yolngu peoples have struggled to have their system of law recognised as an equal system of law within Australia. Yolngu peoples have recently formed the Yolngu Nations Assembly – Yolnguw Makarr Dhuni – to assert their rights to self-government, self-determination and sovereignty – and to create dialogue between Ngarra law and the Australian legal system. This paper will discuss recent developments in the recognition of Ngarra law.
P Block – Level 6 Terrace
Recognition of First Nations Peoples
Accommodating Indigenous Customary Laws in State Legal Systems: Past, Present and Future
Commencing with a brief discussion of legal pluralism, which provides a theoretical framework, the session will consider recognition of customary laws in common law courts, including whether they should be pleaded and how they are to be proved. Geographically, it concentrates on the South Pacific, looking at the position in Australia and comparing this with a unique scheme in Papua New Guinea, and with the regimes in the Solomon Islands, Federated of Micronesia (FSM), Kiribati, Tuvalu and Vanuatu.
Bridging the divide: the journey from determination to development
There is work to be done to support communities to work together to determine their vision for the future and to drive their own development combining the best of their own resources and outside support. The session will explore some pathways to bridge the chasm between the law and aspirations for vibrant, strong, socially and economically sustainable communities.
Human Rights – Health
Foetal Alcohol Syndrome Disorder
This session will present a case study which involved trying to raise awareness of FASD in the justice system for a young man with a long history of involvement with the juvenile and adult justice systems who was finally assessed for disability support.
Traditional Knowledge and Indigenous Peoples
Topics covering Indigenous Peoples and their relationships with land or alternatively, Traditional Knowledge, focusing on the existing customary basis for indigenous people to claim ownership over land and resources, including both physical and spiritual connections.
Indigenous Trusts in Canada: Rethinking Self-Governance 138 Years Later
Decades of paternalistic Crown policies have enabled the control and assimilation of Canada’s Indigenous peoples. The Indian Act is one of the most striking manifestations of such policies. This session will explore the evolution of Crown policies towards Canada’s Indigenous peoples and discuss the use of trust structures to illustrate how Indigenous communities have turned a paternalistic vehicle into a capacity and knowledge building tool. Case studies will be included from our clients.
Exploring the Common Law as an Avenue for the Recognition of Tikanga Māori (Māori Customary Law)
This session will present a factual scenario that goes to the heart of an issue that the New Zealand legal system has been struggling with for over 150 years: the interaction between tikanga and the New Zealand state legal system. It will examine this interaction and the potential to expand the recognition of tikanga as having legal status as part of the common law.
Ethnicity, Indigeneity and Indigenous Rights: The'Orang Asli' Experience
Orang Asli, the Indigenous minority of Peninsular Malaysia, continue to face formidable challenges in realizing their rights as distinct Indigenous Peoples despite being ascribed a measure of constitutional and statutory protection. This session examines the impact of the term ‘Orang Asli’ and its use on the Orang Asli struggle for the recognition of their rights as Indigenous Peoples.
Nga Taumata o Te Moana - Reconciling the Ownership and Governance of the Takutai Moana (foreshore and seabed)
This session pursues an examination of Te Tiriti o Waitangi from aspects of past, present and future. Te Tiriti guaranteed certain rights to Māori in respect of their lands, resources and fisheries and established a governance regime for Aotearoa based on a fair and positive partnership between Māori and the Crown. However, In order for the Crown and Māori relationship or Te Tiriti partnership to improve, a more equitable regime must be established for the ownership and governance of the takutai moana. There must be a balance between profit driven, cultural and conservationist ethics. Te Tiriti places a positive obligation on the Crown and Maori to resolve such contentions and could be the basis of a new ownership and governance regime for the takutai moana.
Evolving Governance Models for Community Controlled Organisations – Protecting Our Institutions for Our Community
Community controlled organisations have been in existence across Qld now for over 40years and represent the last bastion of community lead, designed and run organisations supporting improved outcomes for our communities. These organisations are not without issues, given complexities in running and managing organisations and fiduciary responsibilities for receiving government funds. QAIHC as the state peak body for community controlled services has worked with organisations and communities to keep abreast of changes over time for our institutions to support ongoing involvement and local decision-making by our communities. The session seeks to provide an overview of work undertaken by the sector ensure that community remains the barometer for change to support ongoing community involvement providing services to improve outcomes.
Indigenous Peoples have long inhabited the territories predating the land now known as the United States – since time immemorial. Although indigenous tribal communities have existed thousands of years prior to the formation of the United States, the U.S. government defines its indigenous population through political and social divisions, significantly impacting the health, maintenance and wellbeing of indigenous communities. These government-created distinctions of acknowledgment, recognized and unrecognized, and the longstanding and brutal genocidal laws and policies have proven to be extremely detrimental to Indigenous Peoples and threaten to weaken their very existence. These divisions have even infected the Indigenous Peoples themselves, creating a category of second-class Indians. Indigenous Peoples have survived decades of governmental laws and policies intended to divest them of their culture, land and communal strength. Despite this, many indigenous peoples are actively preserving their lands, languages and culture, recognized or unrecognized. This presentation will also explore government-created distinctions and the survival Indigenous People using current life examples of Indigenous Peoples from the United States
Indigenous Knowledge – Intellectual Property
Using the Intellectual Property system to help gain economic independence
For a long time, the Intellectual Property system has presented significant issues and problems for Indigenous Peoples and their Indigenous knowledge, enabling others to own and protect indigenous knowledge. Many countries around the world now provide some protection for Indigenous knowledge. But now it is time for Indigenous communities to understand the benefits of the Intellectual Property systems and regimes available around the world, and use the systems and regimes to help gain their own economic independence.
The use of exceptional anti-terrorism laws by the Chilean state to block demands for the protection of the rights of Indigenous Peoples: the Mapuche conflict
This paper will analyse elements required to establish the magnitude of, and manner in which, the human rights of the Mapuche People of Chile are violated, at the collective as well as individual level. Following that analysis, this paper proposes possible solutions in terms of laws which could bring about a real and genuine dialogue to confront what is currently known as ’the Mapuche Conflict’.
Constitutional Recognition of Indigenous People
Constitutional Recognition of Indigenous People was first unsuccessfully attempted by the Howard government. The Gillard Labor Government agreed to re-run the issue by an expert panel to examine the key issues, recommend possible constitutional changes and to help the Parliament formulate an appropriate question for the referendum appointed. However, the proposed referendum was postponed with multi-party agreement. This paper examines the panel’s recommendations in some detail to examine why the proposals were thought unlikely to gain the necessary majorities required to effect successful constitutional change. One of the drawbacks of the panel’s report was that the recommendations were complex and this makes it difficult to garner support among a population that is arguably suspicious of things they do not easily understand. The paper also canvasses a possible arguably simpler alternative to the Panel’s recommendations and one that may win popular support.
Living Law: Customary Law, Human Rights and Intercultural Justice
This presentation examines the resurgence of customary law over the past thirty years and explores the influence traditional legal values such as ubuntu (humaneness) are having on the administration of justice. It argues that recognition of customary law and the exercise by Indigenous Peoples of their role as lawmakers is crucial for good global governance, which it argues should be based on the notion of intercultural justice. It concludes that customary law has a vital role to play alongside natural law, positive law and human rights in the reconstruction of our fragmented legal order. It further concludes that Indigenous Peoples legal rights to their own legal regimes and the obligation of states to recognise their legal regimes in order to secure their human rights have crystallised as principles of customary international law.
The Cape York Welfare Reform Trial – Continuing Acts of Paternalism
This paper will examine factors underlying governments’ management of Aboriginal Peoples’ property. Social security payments are judicially acknowledged as a form of property and are protected as rights by a number of international human rights conventions. The Queensland Government’s “management” breaches a person’s right to social security and control of their property.
The Racial Discrimination Act 1975 (Cth) (RDA) prohibits racial discrimination. However the Queensland and Australian Governments rely upon its special measures provisions to legitimate managing Aboriginal peoples’ social security payments. The RDA, the Aboriginal and Torres Strait Islander (Queensland Discriminatory Laws) Act 1975 (Cth), and international human rights conventions now require equality for Aboriginal peoples in exercising their right to own and manage property. Yet prevailing attitudes of paternalism continue, leaving the underlying racial discrimination unchanged.
‘Society’ and the Recognition of First Nations Peoples Rights
The concept of society has been recognised as a central theme in international law, defining both sovereignty and membership of the family of nations (Angie 2004). In the Australian context the concept of society manifested in common law doctrines such as the enlarged notion of terra nullius, which was used to justify the colonisation of first nation peoples’ lands and denial of their inherent sovereignty. More recently this concept has been applied in the native title context, and is seen as a necessary element of proving traditional laws and customs as the basis for native title recognition. In a number of cases however the finding of a ‘society’ has not been determinative of native title rights – despite the court’s insistent that ‘society’ is a body of people united by a body of law and custom. This paper will examine the need to prove a society, and argues that the relationship between society and the recognition of rights is central to Western legal systems and concepts of law.
Genocide in Australia – Did it happen? Is it still happening? What can be done now?
This session poses questions in relation to legal and policy avenues available to address the intergenerational impacts of unrecognised acts of genocide, based on issues raised by Timothy Bottoms in Conspiracy of Silence: Queensland’s Frontier Killing Times. The book establishes clear links between the escalating wave of killings that occurred in the 1860s and 70s with both the expansion of the pastoral industry and the importation of breech-loading rifles by the fledging Queensland colony.
Which legal system/s is being recognised in Indigenous Nation Building?: Aboriginal Nations’ internal recognition across national boundaries
The Declaration of the Rights of Indigenous Peoples clearly articulates the right of Indigenous peoples (nations) to identify institutions that protect cultural ways of being and connection to culture through connection to place. No such right to identity should be limited as to requiring the State to ‘recognise’ the existence of the identified institution for that institution to – in fact - exist. How and what exists is for the Indigenous Peoples’ to determine. This paper seeks to position the western legal system as the ‘other’ when it comes to how Indigenous Peoples may articulate and continue to operationalise their legal systems.
Defrosting the Self-Determining Imagination: On the International Law of Self-Determination and the Precocious Struggle of Pacific Peoples to Tooth a Tiger
This talk explores the evolution of the right of self-determination under international law, namely in the context of non-self-governing and Indigenous Peoples in the Pacific region struggling to materialize the promise of this fundamental collective right against the onslaught of new and ever more innovative waves of predatory global capitalism, colonialism and hyper-militarism. This talk attempts to trace with precision not only the legal contours of the self-determination question but also the legal-political fault lines in several live self-determination struggles in Oceania today, where the stakes are high and the battle on.
Student Yarning Circle
Gibson Room, Level 10, Z Block
This event is open to all Aboriginal and Torres Strait Islander students attending the conference and will feature presentations from leading Indigenous law and justice professionals and informal networking opportunities.
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Indigenous Women: Human Rights
Human rights of Indigenous Peoples as they relate to indigenous women with a discussion of how non-indigenous laws and colonial policies have impacted Indigenous women's human rights (remembering the past) and looking to the future - what we, as Indigenous women are doing to assert, reclaim and protect our human rights.
Red Cliff Project Consultants
Indigenous Knowledges: Practice
Māori Land and Community Law – Past, Present and Future
Māori collectively consider themselves to be guardians or Kaitiaki of land. Land provides Māori with their place to stand. It is not just their land but the land of their tipuna (ancestors) and uri (descendants). Māori understanding of land ownership accordingly differs from that of Western culture in a number of significant ways. For Māori, the driving factor for decision making is the impact of today’s decisions on tomorrow’s generation. The Ngãi Tahu Māori Law Centre (NTMLC) is the sole Māori focused service among the 24 Community Law Centres in Aotearoa. NTMLC Lawyers will speak about the journey of the centre to date, the legal issues faced by owners of Māori land, past and present, the unique status of Titi island ownership with a focus on recent changes, and explain why, in 2014, Māori land is still a justice issue.
Relationships to Land
Legal Innovation in Treaty of Waitangi Settlements
Treaty of Waitangi claims and settlements are a significant feature of the present and future relationship between the Crown and Māori. These settlements provide legal and political opportunities for Māori to seek redress for Crown breaches of the Treaty of Waitangi. This session will provide an update on the progress of Treaty of Waitangi settlements and some insights into legal innovation in recent settlements, including new forms of title to lands, new regimes for Māori housing, clauses that preserve indigenous claims to ownership of water, and the ascribing of legal personality to lands and waters.
Human Rights – righting wrongs for Indigenous Australians
April 15 2014 marks 23 years since the release of the report of the Royal Commission into Aboriginal Deaths in Custody in 1991. Over 20 years later, most recommendations of the Royal Commission have not been implemented. This session will examine human rights, under the rubric of the Charter of Human Rights and Responsibility Act 2006 (Vic) (‘the Charter’) as a model across Australia, in how it can impact upon Indigenous Australians, particularly when in police custody. The over-representation of Indigenous Australians in the criminal justice system has not changed but it is proposed that when the police as ‘public authorities’ comply with their responsibilities under a Charter, attitudes and behaviour can change to alter outcomes of over-representation.
Know Your Rights, Change Your Future
Law is more than just being a lawyer; law in the context of legal aid work encompasses financial counselling, social work, case work, and emotional support. Legal aid services dealing with Indigenous people are required to provide a full rounded service which goes beyond the traditional legal advice. This session will explore the way in which the development of education materials for the community on a variety of legal education topics including rights with police, consumer affairs, family law, court processes and domestic violence orders is pivotal to the role Indigenous People play in the Justice system.
Consultation or Consent: Indigenous People's Rights in Relation to Resource Development on Traditional Lands
This session will identify and define the requirements of FPIC and will reflect on the meaning, origins and application of free, prior, and informed consent as well as the assumptions underlying its application to Indigenous lands. The key focus of this paper will be a critical review of the ‘consent’ concept under FPIC and an identification of practical guidelines for implementing FPIC on Indigenous lands.
Assessing the effects of the Criminal Justice Process on Ngāti Kahungunu
Ngati Kahungunu has the second largest iwi rohe (tribal region) and the third largest iwi (tribal) population in Aotearoa (New Zealand). In 2010 Ngati Kahungunu, began a five year systemic research project into all aspects of the Criminal Justice Process (CJP) to understand the effects of the CJP on Ngati Kahungunu. Over 150 people engaged with Ngati Kahungunu and the CJP were interviewed including gang members, police prosecutors, iwi (tribal) leaders, police officers, mothers and fathers, and those that had been convicted and/or incarcerated. This session will provide a brief overview of the effects of the CJP on the iwi of Ngati Kahungunu at a whanau (family), hapu (sub-tribe) and systemic level; provide an analysis of the discrepancies within the CJP; and identify the processes that Ngati Kahungunu have engaged in with whanau (families) and the government to lower the criminal offending, conviction and incarceration rates with the Ngati Kahungunu rohe.
Indigenous Peoples and Consumer Law: The impact of culture, history and location
A literature review reveals the need for a different approach to the protection of Indigenous consumers. This session will explore the role of culture in consumer transactions involving Indigenous People; locational issues; and the enduring historical impact of colonisation on Indigenous consumers. Despite the efforts of the regulators in enforcing the consumer protection law against businesses, the court sees repeat offending. The ability of traders to continue with breaches of the consumer law or reoffend is heightened for Indigenous consumers by issues such as language, commercial literacy, remoteness, cultural and historical aspects and market forces. These ‘characteristics’ act as a unique combination of circumstances which require a specific approach to consumer protection – one that addresses these issues and redresses ‘advantage’ and ‘disadvantage’ and ‘power’ and ‘vulnerability’.
The Relationship to Land
This presentation will examine and highlight the creational linkage of the First Australians’ Relationship to Land. The polity system of law plays an important role in binding all Australia's First Nations people into homogenous receivership of the law from the Dreamtime. This in turn links the relationship to land for the Australia's First Nations People via its polity system of laws, spiritual and ceremonial relationship attachment to the very land that forms the economy for Australia's First Nations People.
Can contemporary Australian prisons be considered frontier enclaves?
More than 20 years after the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), little has been made of the discursive underpinnings of prisons despite the increasing over-representation of Aboriginal peoples in the Australian penal system. In this presentation the concept of contemporary Australian prisons as postcolonial frontier enclaves is used to give an alternative explanation for the increasing rather than decreasing rates of Aboriginal people being imprisoned. It examines the discursive underpinnings of prisons from a postcolonial perspective to argue that, because prisons contain large Aboriginal populations remotely located on the frontier of the relationship between Aboriginal people and the settler-state, they are isolated and dangerous spaces, places of moral ambiguity and contingent possibilities and developing as an industry they are postcolonial frontier enclaves.
Women’s talking circle
Sacred Places – Sacred Relationships – Sacred Paradigms
Indigenous Peoples’ ancient and distinct relationship with the Natural World and spiritual engagement with sacred places has nurtured the development of a unique Earth-based paradigm that has sustained life for many thousands of years. Resource extractive, consumer-based, industrial society threatens the viability and continuity of this world view. This ongoing colonization is further perpetrated and sustained by a legal precedent and framework in the United States which provides for the destruction of sacred places and denies Indigenous Peoples’ religious freedom with impunity. This presentation will also share Indigenous Peoples’ strategies to protect and recover sacred relationships to lands, territories, cultures and collective spirit.
Indigenous People of the Atlantic Coast of Nicaragua, defense and relationship with the land.
In the current context, from the perspective of human rights, the control of Indigenous land rights also involves control of resources, huge issue for our people. This session describes the current status of the collective land rights of the Indigenous Peoples of the Atlantic Coast of Nicaragua as well as the main challenge faced in this: the consolidation of territories entitled as a result of the invasion of settlers.
Under Law 445: the Communal Lands of Indigenous Peoples and Ethnic Communities of the Atlantic Coast of Nicaragua and the River Coco, Bocay, Indio and Maiz, 2005 to date, have been entitled 21 Indigenous Territories and African descent, representing 99% of the total. The sanitation, established by law as the last step, after the delivery of the title, is today, the cry of Indigenous People of Atlantic Coast of Nicaragua.
The Palm Island Story - Achieving Real Change in a Remote Aboriginal Community
Palm Island is a community on the cusp of achieving real change through employment and economic development. Palm Island is a case study in what can be achieved through strategic collaboration between government, private enterprise, and the Not-for-Profit sector working in partnership with the local Palm Island community.
The Palm Island Community Company (PICC) is the largest Not-for-Profit community services organisation with a permanent presence on the Island. PICC’s investment and commitment to harnessing local leadership has achieved over 90% employment of local Palm Islanders and, most recently evidenced in the establishment of a private bulk billing primary health centre which has four of the fifteen Indigenous doctors in Queensland working at the centre. The next step is to build sustainable community governance that is fit for purpose to lead the economic independence whole of community process. A strong and robust social services system is however the ‘glue’ that will hold the attainment of economic independence together. This change process, in its simplest form, is about enabling the development of a local community driven economy on the Island.
The making of Indigenous Identity through Non-Indigenous Australian Native Title Law: the real, the unreal and the reified
The session will seek to test the hypothesis that Indigenous identities are being significantly altered by the operation of native title laws in Australia, and attempts thus to theorise about the construction of Indigenous identity on the contested terrain of native title law and native title land.
Rwanda’s post-genocide approach to ethnicity and its impact on the Batwa's claims as an Indigenous People: An international human rights law perspective
Against a history of ethnic violence and genocide, the Rwandan government embarked upon an ambitious program of nation-building based on a policy of national unity and reconciliation which attempted to create unity by, among other things, abolishing ethnicity. For the Batwa, who suffer extreme poverty and overt discrimination, the policy's effect is to render them invisible as a collective and their claims as Indigenous mute. This session critically examines the effect of Rwanda's approach to ethnicity on the Batwa using international human rights norms as an analytical lens. In so doing, the presenter validates Batwa claims to indigeneity from a normative perspective and analyzes the structural impediments to the realisation of their indigenous rights, arguing Rwanda's ethnically/culturally blind approach to relieving their marginalization cannot succeed given it fails to recognise Batwa as different or to acknowledge the endemic discrimination they face.
Compensation for Indigenous land access in the 21st Century: a global comparative analysis
Twenty years on from the High Court's landmark Mabo decision, there remains limited judicial guidance in Australia about the appropriate methodology to assess the quantum of compensation payable for the impact of third party dealings in land on native title rights and interests. The Commonwealth native title legislation provides a broad framework which sets up an entitlement to claim compensation but provides little direction on how compensation for native title should be calculated. Given the status of native title law and practice in Australia, there will no doubt be a judicial determination soon which forms a view on how this compensation should be assessed. Interested stakeholders have an opportunity to help influence the appropriate rationale which the Courts may ultimately adopt. This is important as this contingent liability for compensation in Australia could play a part in providing some financial basis for the building of indigenous communities in the future. This session will explore some of the issues relevant to the assessment of compensation for impact on native title rights and deliver a high level comparative analysis of the methods used in other jurisdictions to assess the value for the impairment on indigenous rights.
Respecting Indigenous legal traditions and knowledge, specifically Haudenosaunee laws that respect and honour Indigenous women. Presentation with a discussion about how Indigenous women have taken the brunt of violent colonial laws resulting in the critical issue of missing and murdered Indigenous women in Canada.
Ballroom, Mercure Brisbane, 85–87 North Quay, Brisbane
Economic Independence – Native Title
Agreement making in Indigenous contexts
A panel discussion covering agreement making processes, including mediation, particularly working with multi party disputes. Discussion will include the advantages and challenges of working within such a context both for parties and the mediator/facilitator of the process, techniques used to facilitate agreement making, and factors to consider for parties who participate in such processes, including Indigenous Peoples, miners/explorers, government bodies (including federal, state and local governments) and others.
Indigenous Knowledges: Research
You’ll only need three days: Lessons learned doing research in Indigenous communities
As part of an evaluation research project focused on young people and crime prevention, a QUT School of Justice team conducted fieldwork in a remote Indigenous community in 2013. It was a first experience doing fieldwork in a remote Indigenous community. As such, the team sought advice from a range of Indigenous and non-Indigenous colleagues, from within the Faculty, from the funding agency, and from our existing professional networks. This session presents reflections on the accuracy and usefulness of the advice provided and the conflicts and tensions that exists between the advice and subsequent experiences. It further reflects on the implications of conducting research informed by competing notions of what it means to be an ethical researcher with Indigenous communities.
The problem with research
This paper will share reflections on legal research and its potential to maintain/impose a colonising force upon Indigenous Peoples' lives. It outlines the process followed to find more ethical legal research. This process required the researcher to become more conscious of standpoint and the limitations consequent upon this. It was enabled by an engagement with Indigenous knowledge that encouraged analysis and disruption of both the researcher's and the law's epistemological 'world'.
Settler Colonialism, Criminal Justice and Indigenous Peoples
This presentation offers an Indigenous-centred, critical perspective on the Colonial Projects (Thomas, 1994) employed in settler-colonial contexts to negate, or at the very least nullify, the negative impact of two inter-related ‘wicked problems’ peculiar to these jurisdictions, namely the high levels of Indigenous over-representation in the criminal justice system, and the impact of Indigenous resistance to the hegemony of the imposed, criminal justice systems deployed by settler-colonial states. The presentation is comprised of three inter-related sections; parts one and two outline the construction and deployment of Colonial Projects in the colonial and neo-colonial contexts, wherein it is argued that the matrix of criminal justice was foundational to the state’s attempted eradication of, and eventual socio-economic marginalisation of Indigenous Peoples. The final section will argue that the continued success of criminal justice as a (neo)colonial project, stems from its parasitic relationship with the discipline of criminology. Together, these supportive colonial projects deployment against First Nations demonstrates that structural violence continues to be a significant component of social control in the neo-liberal, neo-colonial context.
P Block - Level 6 Terrace
Indigenous Women and Children: Indigenous Children
Mapuche women, violence and rights: conflicts of inter legality or racism concealed in Chile?
Women’s movements at the global level, for decades have struggled for recognition of their rights and the elimination of this scourge. As a result, currently it is noted that with regard to the eradication of violence against women there is a normative system installed on both the national and international level. In the discussion on the rights of women in Indigenous communities, there immediately arises a question about whether they should be addressed as individual or collective rights. The interpretation of the Inter-American Commission on Human Rights on the Inter-American judicial framework establishes the primacy of women’s right to live without being subjected to gender-based violence. Therefore, states may not invoke any cultural discourse which includes notions of customs, traditions or religion to justify or condone violence against women.
Relationships to the Land
A Return to Unbridled Power in New Zealand’s Environmental Management and Resource Allocation Regimes
The very recent amendments to New Zealand’s Resource Management Act 1991 (the RMA) and the development of an environmental management regime for activities in the Exclusive Economic Zone (the EEZ) are two recent examples of the current New Zealand’s Government striving for a return to unbridled power over the allocation and management of natural resources in New Zealand. This power has often, if not always, come at the expense of Māori engagement and authority over the allocation and continued management of such resources and the environment generally. This severely affects Maori tino rangatiratanga and kaitiakitanga responsibilities. This paper examines both the recent changes to the RMA and the new EEZ regulatory regime, particularly in light of the Waitangi Tribunal’s findings and recommendations in Ko Aotearoa Tēnei. This session draws some insight from an Indigenous experience in the United States and considers the broader cultural and constitutional implications of the New Zealand Government’s unbridled power in this regard.
Our presenter will discuss Ngarra Law, as practiced by Yolngu peoples of Eastern Arnhem land for many thousands of years. As an active member of the Yolngu people, James will explore how their system of law has been recognised and integrated with the Australian legal system.
The Mothering Tree: Healing for mothers when their child has experienced sexual assault
In 2007 the Northern Territory Government paper "Little Children Are Sacred" reported that Child Sexual Assault in the Indigenous community had reached crisis level; many other reports have been written since then and the statistics have not changed and may have increased. Two Aboriginal workers at Rosie's Place led a project which reported on conversations with Aboriginal mothers who talked about the thoughts and feelings they held when they discovered that their child had been sexually assaulted. A book was published as a result of this project: The Mothering Tree, a tool that opens up a dialogue among families affected by child sexual assault. Using the book, this presentation will discuss the healing processes that occurred for women faced with the sexual assault of their child.
Indigenous Land Development- Lessons From New Zealand
Although New Zealand Māori have only retained ownership of a small proportion of their traditional lands this still amounts to significant areas across the country. However, recent reports have suggested that some 80% of these lands are under-performing economically. In this presentation recent suggestions as to how this problem can be addressed will be examined.
In analysing contrasting approaches, reference is made to arguments by Professor Alan Ward that the key to improving the ability of Indigenous Peoples to administer their traditional lands is to restore the ability of communal land authorities (or their modern day equivalents) to co-ordinate and control land use.
Making Waves: Exploring the future of sea country governance
This paper considers mechanisms for sea country governance in Australia and asks questions about the past, present and future of decision-making about sea country. The High Court’s decision in the Torres Strait Sea claim (Akiba v Commonwealth  HCA 33), and the long fight for recognition of those rights, reminds us that sea country is an integral part of many Aboriginal and Torres Strait Islander communities. However, native title rights to the sea can only be non-exclusive. Given this limitation, after native title rights are recognised, what do communities do to ‘maximise’ their aspirations to manage sea country?
179 Ann Street, Brisbane, Qld 4000
1300 367 757