DOCSLIB.ORG

The Social Effects of Native Title: Recognition, Translation, Coexistence

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Social Effects of Native Title: Recognition, Translation, Coexistence The Social Effects of Native Title: Recognition, Translation, Coexistence Benjamin R. Smith and Frances Morphy (Editors) THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS Centre for Aboriginal Economic Policy Research The Australian National University, Canberra Research Monograph No. 27 2007 Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/c27_citation.html National Library of Australia Cataloguing-in-Publication entry The social effects of native title : recognition, translation, coexistence. Includes index. ISBN 9781921313516 (pbk.) ISBN 9781921313523 (online) 1. Native title (Australia) - Social aspects. I. Smith, Benjamin Richard. II. Morphy, Frances, 1949- . 346.940432 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Brendon McKinley. Printed by University Printing Services, ANU This edition © 2007 ANU E Press Contents Notes on contributors vii Abbreviations and acronyms xi 1. The social effects of native title: recognition, translation, coexistence 1 Benjamin R. Smith and Frances Morphy 2. Performing law: The Yolngu of Blue Mud Bay meet the native title process 31 Frances Morphy 3. Claim, culture and effect: property relations and the native title process 59 Katie Glaskin 4. Some initial effects of pursuing and achieving native title recognition in the northern Kimberley 79 Anthony Redmond 5. `We're tired from talking': The native title process from the perspective of Kaanju People living on homelands, Wenlock and Pascoe Rivers, Cape York Peninsula 91 David Claudie 6. Towards an uncertain community? The social effects of native title in central Cape York Peninsula 117 Benjamin R. Smith 7. Native title and the Torres Strait: encompassment and recognition in the Central Islands 135 Julie Lahn 8. `No vacancies at the Starlight Motel': Larrakia identity and the native title claims process 151 Benedict Scambary 9. What has native title done to the urban Koori in New South Wales who is also a traditional custodian? 167 Dennis Foley 10. Beyond native title: the Murray Lower Darling Rivers Indigenous Nations 185 Jessica Weir and Steven Ross 11. The limits of recognition 203 Manuhuia Barcham 12. History, oral history, and memoriation in native title 215 James F. Weiner iv The social effects of native title List of Figures 2.1. The ritual space of the court 34 2.2. The `translation' steps in a witness statement 39 2.3. The opening ceremony: approach to the court 45 2.4. The opening ceremony: in the court 46 2.5. The court at the edge of the Yolngu law space 47 2.6. The return from the Yolngu law space 47 2.7. Mungurru on a calm day 51 2.8. Mungurru on the day of the `view' 51 5.1. Kaanju homelands showing clan estates 93 8.1. Itinerant protestors in Darwin 159 8.2. Cover of Kujuk 160 8.3. Cover of Longgrass 161 10.1. The Indigenous nations of the Murray±Darling system 186 Notes on contributors Manuhuia Barcham Manuhuia Barcham is the Director for the Centre for Indigenous Governance and Development at Massey University, New Zealand. His recent work has looked at the governance of indigenous organisations in Australia, Canada and New Zealand. The Australian work has focused on work with Noongar in southwest Western Australia and with urban Aboriginal groups in Sydney and Melbourne. David Claudie David Claudie is a Traditional Owner for Kaanju Ngaachi, some 840 000 hectares of culturally and biologically significant country centred on the Wenlock and Pascoe Rivers in central Cape York Peninsula. He is the Chairman of the Chuulangun Aboriginal Corporation, the peak body for land and resource management, homelands and economic development for Kaanju homelands. In 2003 he was the Inaugural Indigenous Visiting Fellow at the Centre for Aboriginal Economic Policy Research, The Australian National University and was Visiting Fellow again in 2005. He has published and presented a number of papers in the area of Indigenous land management, land tenure and Indigenous policy. Dennis Foley Dennis Foley is an Endeavour Fellow and a Fulbright Scholar lecturing at the Australian Graduate School of Entrepreneurship. His blood connection is with the Gammeray, the Gatlay and the Gaimai. His father is a descendant of the Capertee/Turon River people, of the Wiradjuri. Dennis identifies as a descendent of the Gai-mariagal people. He is the author of Repossession: of Our Spirit, an ethnographic study of his family, and Successful Indigenous Australian Entrepreneurs: A Case Study Analysis. Katie Glaskin Katie Glaskin has worked as an applied anthropologist in the area of native title, largely in the Kimberley region, since 1994. In 2002, she was the recipient of the inaugural Berndt Foundation Post Doctoral Research Fellowship at the University of Western Australia, where she is currently a Senior Lecturer. With James Weiner, she co-edited Custom: Indigenous Tradition and Law in the Twenty-First Century (The Asia Pacific Journal of Anthropology Special Issue 7(1), 2006) and Customary Land Tenure and Registration in Australia and Papua New Guinea: Anthropological Perspectives (Asia-Pacific Environment Monograph Series, ANU E-Press, 2007). vii Julie Lahn Julie Lahn is an anthropologist at the Centre for Aboriginal Economic Policy Research, The Australian National University. Her work on Australian Indigenous issues addresses a number of core themes including morality, relatedness, marine resource use, religion, repatriation, and native title and land rights. She has worked with Torres Strait Islanders since 1994, when she conducted her doctoral research. She has been an anthropological consultant since 1998 and has prepared numerous reports documenting the native title interests of Torres Strait Islanders and more recently those of Aboriginal people in southwest Cape York. Frances Morphy Frances Morphy is a Fellow at the Centre for Aboriginal Economic Policy Research, The Australian National University. She is an anthropologist and linguist whose research since 1974 has largely focused on the Yolngu people of north east Arnhem Land. In the late 1990s and early 2000s she assisted in the preparation of the Blue Mud Bay native title claim, and wrote the linguistic report in support of the claim. She is co-editor (with Jon Altman and Tim Rowse) of Land Rights at Risk? Evaluations of the Reeves Report (CAEPR Research Monograph No. 14, 1999), and co-editor (with Bill Arthur) of the Macquarie Atlas of Indigenous Australia: Culture and Society through Space and Time (2005). Anthony Redmond Anthony Redmond has worked in the northern Kimberley region with Ngarinyin people and their near neighbours since 1994. During this time he has conducted both academic research (into transforming local economies, the relationships with pastoralists, traditional cosmology, sung traditions and bodily experience of time and country) as well as applied native title research. His most recent works have been treatments of death and grieving, the comic in everyday Ngarinyin life, the social and ritual importance of body fat, and a phenomenology of travelling in community trucks. Anthony is currently a Visiting Research Fellow at the Centre for Aboriginal Economic Policy Research, The Australian National University. Steven Ross Steven Ross is a Wamba Wamba man from Deniliquin in southern New South Wales, with cultural and familial connections to the Muthi Muthi and Wiradjuri Nations. He has been the coordinator of the Murray Lower Darling Rivers Indigenous Nations since late 2003, having previously worked for the NSW Cabinet Office, NSW Department of Aboriginal Affairs and NSW Attorney General's Department. A graduate in Government and Public Administration from the University of Sydney, he also studied at the University of Edinburgh in 2002, as a British Council Chevening Scholar. viii The social effects of native title Benedict Scambary Benedict Scambary is an anthropologist with over 10 years experience working with the Native Title Act in the Northern Territory. As an employee of the Northern Land Council he was involved in the coordination of the Larrakia native title claims over Darwin. He has recently completed a PhD in anthropology through the Centre for Aboriginal Economic Policy Research, The Australian National University. Benjamin R. Smith Benjamin Smith is a Research Fellow at the Centre for Aboriginal Economic Policy Research, The Australian National University. His research interests include the social effects of customary land claims, the relationship between Indigenous Australians and the state, and the intercultural character of contemporary Indigenous life-worlds. He has carried out both academic and applied research with Aboriginal people in Cape York Peninsula and other locations across northern Queensland. His recent publications include `ºMore than loveº: locality and affects of indigeneity in Northern Queensland' (The Asia Pacific Journal of Anthropology, 7(3), December 2006) and `ªWe got our own managementº: local knowledge, government and development in Cape York Peninsula' (Australian Aboriginal Studies 2005/2). James F. Weiner James F. Weiner has held academic appointments at the ANU, the University of Manchester and the University of Adelaide. Since 1998 he has been a full-time consultant anthropologist in the fields of native
Load more

Recommended publications
  • Chapter 8. Aboriginal Water Values and Uses
    Chapter 8. Aboriginal water values and uses Department of Environment, Land, Water and Planning 8. Aboriginal water values and uses The Murray-Darling Basin Plan requires Basin states to identify objectives and outcomes of water, based on Aboriginal values and uses of water, and have regard to the views of Traditional Owners on matters identified by the Basin Plan. Victoria engaged with Traditional Owner groups in the Water Resource Plan for the northern Victoria area to: • outline the purpose, scope and opportunity for providing water to meet Traditional Owner water objectives and outcomes through the Murray-Darling Basin Plan • define the role of the water resource plans in the Basin, including but not limited to the requirements of the Basin Plan (Chapter 10, Part 14) • provide the timeline for the development and accreditation of the Northern Victoria Water Resource Plan • determine each Traditional Owner group’s preferred means of engagement and involvement in the development of the Northern Victoria Water Resource Plan • continue to liaise and collaborate with Traditional Owner groups to integrate specific concerns and opportunities regarding the water planning and management framework. • identify Aboriginal water objectives for each Traditional Owner group, and desired outcomes The Water Resource Plan for the Northern Victoria water resource plan area, the Victorian Murray water resource plan area and the Goulburn-Murray water resource plan area is formally titled Victoria’s North and Murray Water Resource Plan for the purposes of accreditation. When engaging with Traditional Owners this plan has been referred to as the Northern Victoria Water Resource Plan and is so called in Chapter 8 of the Comprehensive Report.
    [Show full text]
  • The Gunditjmara Land Justice Story Jessica K Weir
    The legal outcomes the Gunditjmara achieved in the 1980s are often overlooked in the history of land rights and native title in Australia. The High Court Onus v Alcoa case and the subsequent settlement negotiated with the State of Victoria, sit alongside other well known bench marks in our land rights history, including the Gurindji strike (also known as the Wave Hill Walk-Off) and land claim that led to the development of land rights legislation in the Northern Territory. This publication links the experiences in the 1980s with the Gunditjmara’s present day recognition of native title, and considers the possibilities and limitations of native title within the broader context of land justice. The Gunditjmara Land Justice Story JESSICA K WEIR Euphemia Day, Johnny Lovett and Amy Williams filming at Cape Jessica Weir together at the native title Bridgewater consent determination Amy Williams is an aspiring young Jessica Weir is a human geographer Indigenous film maker and the focused on ecological and social communications officer for the issues in Australia, particularly water, NTRU. Amy has recently graduated country and ecological life. Jessica with her Advanced Diploma of completed this project as part of her Media Production, and is developing Research Fellowship in the Native Title and maintaining communication Research Unit (NTRU) at the Australian strategies for the NTRU. Institute of Aboriginal and Torres Strait Islander Studies. The Gunditjmara Land Justice Story JESSICA K WEIR First published in 2009 by the Native Title Research Unit, the Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Tel: (61 2) 6246 1111 Fax: (61 2) 6249 7714 Email: [email protected] Web: www.aiatsis.gov.au/ Written by Jessica K Weir Copyright © Australian Institute of Aboriginal and Torres Strait Islander Studies The views expressed in this publication are those of the authors and not necessarily those of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
    [Show full text]
  • Indigenous Community Protocols for Bankstown Area Multicultural Network
    INDIGENOUS COMMUNITY PROTOCOLS FOR BAMN MANAGEMENT COMMITTEE Practical protocols for working with the Indigenous Community of South West Sydney 1 Contents RESPECT, ACKNOWLEDGE, LISTEN Practical protocols for working with Indigenous communities in Western Sydney What are protocols? 1. Get To Know Your Indigenous Community Identity Diversity – Different rules for different community groups (there can sometimes be different groups within communities) 2. Consult Indigenous Reference Groups, Steering Committees and Boards 3. Get Permission The Local Community Elders Traditional Owners Ownership Copyright and Indigenous Cultural and Intellectual Property 4. Communicate Language Koori Time Report back and stay in touch 5. Ethics and Morals Confidentiality Integrity and trust 6. Correct Procedures Respect What to call people Traditional Welcome or Welcome to Country Acknowledging Traditional Owners Paying People Indigenous involvement Cross Cultural Training 7. Indigenous Organisations and Western Sydney contacts Major Indigenous Organisations Local Aboriginal Land Councils Indigenous Corporations/Community Organisations Indigenous Council, Community and Arts workers 8. Keywords to Remember 9. Other Protocol Resource Documents 2 What Are Protocols? Protocols can be classified as a set of rules, regulations, processes, procedures, strategies, or guidelines. Protocols are simply the ways in which you work with people, and communicate and collaborate with them appropriately. They are a guide to assist you with ways in which you can work, communicate and collaborate with the Indigenous community of Western Sydney. A wealth of Indigenous protocols documentation already exists (see Section 9), but to date the practice of following them is not widespread. Protocols are also standards of behaviour, respect and knowledge that need to be adopted. You might even think of them as a code of manners to observe, rather than a set of rules to obey.
    [Show full text]
  • Kimberley Land Council Submission to the Australian Law Reform Commission Inquiry Into the Native Title Act: Issues Paper 45 General Comment
    Kimberley Land Council Submission to the Australian Law Reform Commission Inquiry into the Native Title Act: Issues Paper 45 General comment The Kimberley Land Council (KLC) is the native title representative body for the Kimberley region of Western Australia. The KLC is also a grass roots community organisation which has represented the interests of Kimberley Traditional Owners in their struggle for recognition of ownership of country since 1978. The KLC is cognisant of the limitations of the Native Title Act (NTA) in addressing the wrongs of the past and providing a clear pathway to economic, social and cultural independence for Aboriginal people in the future. The KLC strongly supports the review of the NTA by the Australian Law Reform Commission (Review) in the hope that it might provide an increased capacity for the NTA to address both past wrongs and the future needs and aspirations of Aboriginal and Torres Strait Islander people. The dispossession of country which occurred as a result of colonisation has had a profound and long lasting impact on Aboriginal and Torres Strait Islander people. Country (land and sea) is centrally important to the cultural, social and familial lives of Aboriginal people, and its dispossession has had profound and continuing intergenerational effects. However, interests in land (and waters) is also a primary economic asset and its dispossession from Traditional Owners has prevented them from enjoying the benefits of its utilisation for economic purposes, and bestowed those benefits on others (in particular, in the Kimberley, pastoral, mining and tourism interests). The role of the NTA is to provide one mechanism for the original dispossession of country to be addressed, albeit imperfectly and subject to competing interests.
    [Show full text]
  • Northern Land Council
    Northern Land Council Submission to Australian Government Productivity Commission on Inquiry into the Regulation of Australian Marine Fisheries and Aquaculture 15 April 2016 Submissions to [email protected] Terms of Reference The Productivity Commission is to undertake an inquiry into the regulatory burden imposed on the Australian marine fisheries and aquaculture sectors. In undertaking the inquiry, the Commission is to have particular regard to impediments to increasing productivity and market competitiveness of the Australian fishing and aquaculture industries, including: 1. The extent to which enhanced and improved use of cross jurisdiction and multi-jurisdictional regulatory regimes, information and service sharing can improve the economic efficiency and the ecologically sustainable use and management of fisheries resources. 2. The extent to which harmonisation or integration of environmental, management and compliance arrangements could improve the effective and efficient operation of the fishing industry and delivery of fisheries policy and environmental outcomes. 3. The extent to which accreditation schemes or recognition of equivalency could reduce the regulatory burden and increase productivity. 4. The extent to which greater use of cost recovery arrangements is applicable and informs the cost of delivering fishery production, conservation and other community service obligations. 5. The extent to which fisheries management regimes align with and protect the interests of the wider community (in particular, the balance between commercial, recreational, indigenous fishing and conservation interests, and consumers' interests). 6. The extent to which fisheries management regimes support greater participation of Indigenous Australians, provide incentives to Indigenous communities to manage their fisheries, and incorporate their traditional management practices in the fishing industry.
    [Show full text]
  • Non-Indigenous/Aboriginal Relations in Australian Society
    2. Keeping Our Distance: Non-Indigenous/Aboriginal relations in Australian society Maggie Walter In February 2008, then Prime Minister Kevin Rudd made a national apology to members of the Stolen Generations. For Indigenous1 and non-Indigenous Australians alike this was a significant political and social moment. The intense media and public interest in, and scrutiny of, the apology demonstrate that the relationship between the original Australians and those who have arrived since colonisation remains salient, if not central, to who Australians are what Australians and Australia is in the twenty-first century. The terrain of this relationship is key to Australia’s self-concept, its identity as a nation and that of its peoples, old and new. Yet these relations are also highly contested. The image of Australia reflected here is a two-sided visage. One face—as manifested in the apology, the elevating of Professor Mick Dodson to 2009 Australian of the Year and the groundswell of public action in the March for Reconciliation in 2000—is openly encouraging of reconciliation and acknowledging of a historical legacy of entrenched marginalisation and poverty. The other face forestalls the prospect of formal rapprochement, casting as undeserved and unearned attempts at social, economic or political equity—a position manifested by the now long-stalled reconciliation process and the commonness of publicly expressed negative sentiment towards Indigenous peoples and culture (see, for example, Andrew Bolt’s 2008 blog in relation to the new Indigenous representative body). This distinctively Australian, but contradictory, picture suggests a country and a national identity ill at ease with the place of Indigeneity in its consciousness, one in which Indigeneity remains unreconciled with everyday concepts of Australian society and Australian identity.
    [Show full text]
  • Journal of a Voyage Around Arnhem Land in 1875
    JOURNAL OF A VOYAGE AROUND ARNHEM LAND IN 1875 C.C. Macknight The journal published here describes a voyage from Palmerston (Darwin) to Blue Mud Bay on the western shore of the Gulf of Carpentaria, and back again, undertaken between September and December 1875. In itself, the expedition is of only passing interest, but the journal is worth publishing for its many references to Aborigines, and especially for the picture that emerges of the results of contact with Macassan trepangers along this extensive stretch of coast. Better than any other early source, it illustrates the highly variable conditions of communication and conflict between the several groups of people in the area. Some Aborigines were accustomed to travelling and working with Macassans and, as the author notes towards the end of his account, Aboriginal culture and society were extensively influenced by this contact. He also comments on situations of conflict.1 Relations with Europeans and other Aborigines were similarly complicated and uncertain, as appears in several instances. Nineteenth century accounts of the eastern parts of Arnhem Land, in particular, are few enough anyway to give another value. Flinders in 1802-03 had confirmed the general indications of the coast available from earlier Dutch voyages and provided a chart of sufficient accuracy for general navigation, but his contact with Aborigines was relatively slight and rather unhappy. Phillip Parker King continued Flinders' charting westwards from about Elcho Island in 1818-19. The three early British settlements, Fort Dundas on Melville Island (1824-29), Fort Wellington in Raffles Bay (1827-29) and Victoria in Port Essington (1838-49), were all in locations surveyed by King and neither the settlement garrisons nor the several hydrographic expeditions that called had any contact with eastern Arnhem Land, except indirectly by way of the Macassans.
    [Show full text]
  • The Boomerang Effect. the Aboriginal Arts of Australia 19 May - 7 January 2018 Preview 18 May 2017 at 6Pm
    MEG Musée d’ethnographie de Genève Press 4 may 2017 The Boomerang Effect. The Aboriginal Arts of Australia 19 May - 7 January 2018 Preview 18 May 2017 at 6pm White walls, neon writing, clean lines: the MEG’s new exhibition «The Boomerang Effect. The Aboriginal Arts of Australia» welcomes its visitors in a space evocative of a contemporary art gallery. Here the MEG unveils one of its finest collections and reveals the wealth of indigenous Australia's cultural heritage. Visiting this exhibition, we understand how attempts to suppress Aboriginal culture since the 18th century have ended up having the opposite of their desired effect. When James Cook landed in Australia, in 1770, he declared the country to be «no one’s land» (terra nullius), as he recognized no state authority there. This justified the island's colonization and the limitless spoliation of its inhabitants, a medley of peoples who had lived there for 60,000 years, societies which up until today have maintained a visible and invisible link with the land through a vision of the world known as the Dreaming or Dreamtime. These mythological tales recount the creation of the universe as well as the balanced and harmonious relation between all the beings inhabiting it. It is told that, in ancestral times, the Djan’kawu sisters peopled the land by naming the beings and places and then lying down near the roots of a pandanus tree to give birth to sacred objects. It is related that the Dätiwuy clan and its land was made by a shark called Mäna.
    [Show full text]
  • From Mabo to Yorta Yorta: Native Title Law in Australia
    Washington University Journal of Law & Policy Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples January 2005 From Mabo to Yorta Yorta: Native Title Law in Australia Lisa Strelein Australian Institute of Aboriginal and Torres Strait Islander Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Indian and Aboriginal Law Commons Recommended Citation Lisa Strelein, From Mabo to Yorta Yorta: Native Title Law in Australia, 19 WASH. U. J. L. & POL’Y 225 (2005), https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/14 This Rights of Indigenous Peoples - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. From Mabo to Yorta Yorta: Native Title Law in Australia Dr. Lisa Strelein* INTRODUCTION In more than a decade since Mabo v. Queensland II’s1 recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward2 and Yorta Yorta3 in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Article briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources.
    [Show full text]
  • How Understanding the Aboriginal Kinship System Can Inform Better
    How understanding the Aboriginal Kinship system can inform better policy and practice: social work research with the Larrakia and Warumungu Peoples of the Northern Territory Submitted by KAREN CHRISTINE KING BSW A thesis submitted in total fulfilment of the requirements of the degree of DOCTOR OF PHILOSOPHY School of Social Work Faculty of Arts and Science Australian Catholic University December 2011 2 STATEMENT OF AUTHORSHIP AND SOURCES This thesis contains no material published elsewhere or extracted in whole or in part from a thesis by which I have qualified for or been awarded another degree or diploma. No other person‟s work has been used without due acknowledgement in the main text of the thesis. This thesis has not been submitted for the award of any degree or diploma in any other tertiary institution. All research procedures reported in the thesis received the approval of the Australian Catholic University Human Research Ethics Committee. Karen Christine King BSW 9th March 2012 3 4 ABSTRACT This qualitative inquiry explored the kinship system of both the Larrakia and Warumungu peoples of the Northern Territory with the aim of informing social work theory and practice in Australia. It also aimed to return information to the knowledge holders for the purposes of strengthening Aboriginal ways of knowing, being and doing. This study is presented as a journey, with the oral story-telling traditions of the Larrakia and Warumungu embedded and laced throughout. The kinship system is unpacked in detail, and knowledge holders explain its benefits in their lives along with their support for sharing this knowledge with social workers.
    [Show full text]
  • [email protected] O
    51 Lawson Crescent Acton Peninsula, Acton ACT 2601 GPO Box 553, Canberra ACT 2601 ABN 62 020 533 641 www.aiatsis.gov.au Environment and Communications References Committee The Senate Parliament House Canberra ACT 2600 Via email: [email protected] o·ear Committee Members Senate Inquiry into Australia's faunal extinction crisis AIATSIS Submission The Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS) welcomes the opportunity to make a submission in support of the Senate Inquiry into Australia's faunal extinction crisis. AIATSIS would recommend the focus of this senate inquiry includes: consultation with traditional owner groups; native title corporations administering native title settlements and agreements bodies; Native Title Representative Bodies (NTRBs); Native Title Service Providers (NTSPs) and Aboriginal Land Councils: all of whom exercise responsibility for the management of the Indigenous Estate and large tracts of the National Reserve System. This critical consultation and engagement is to ensure that traditional knowledge and management is acknowledged as being an essential element in threatened species recovery, management and conservation. AIATSIS submits that acknowledging the totality of the Indigenous Estate and its interconnection with the National Reserve System is essential in terms of addressing the faunal extinction crisis across the content. Caring for Country programs, Indigenous Land and Sea Management Programs (ILSMPs) and Indigenous Protected Areas (IPAs) are achieving great success in terms of threatened species recovery and the eradication of feral pests and species. Please find attached the AIATSIS submission which is based upon 26 years of research and practice by AIATSIS in Indigenous cultural heritage and native title law.
    [Show full text]
  • 3 Researchers and Coranderrk
    3 Researchers and Coranderrk Coranderrk was an important focus of research for anthropologists, archaeologists, naturalists, historians and others with an interest in Australian Aboriginal people. Lydon (2005: 170) describes researchers treating Coranderrk as ‘a kind of ethno- logical archive’. Cawte (1986: 36) has argued that there was a strand of colonial thought – which may be characterised as imperialist, self-congratulatory, and social Darwinist – that regarded Australia as an ‘evolutionary museum in which the primi- tive and civilised races could be studied side by side – at least while the remnants of the former survived’. This chapter considers contributions from six researchers – E.H. Giglioli, H.N. Moseley, C.J.D. Charnay, Rev. J. Mathew, L.W.G. Büchner, and Professor F.R. von Luschan – and a 1921 comment from a primary school teacher, named J.M. Provan, who was concerned about the impact the proposed closure of Coranderrk would have on the ability to conduct research into Aboriginal people. Ethel Shaw (1949: 29–30) has discussed the interaction of Aboriginal residents and researchers, explaining the need for a nuanced understanding of the research setting: The Aborigine does not tell everything; he has learnt to keep silent on some aspects of his life. There is not a tribe in Australia which does not know about the whites and their ideas on certain subjects. News passes quickly from one tribe to another, and they are quick to mislead the inquirer if it suits their purpose. Mr. Howitt, Mr. Matthews, and others, who made a study of the Aborigines, often visited Coranderrk, and were given much assistance by Mr.
    [Show full text]