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To What Extent Can Libyan Intellectual Property Laws Protect Traditional Cultural Expressions from Unauthorised Use?
To what extent can Libyan intellectual property laws protect traditional cultural expressions from unauthorised use? A thesis submitted in fulfilment of the requirement for the award of the degree of Doctor of Philosophy by Abdolhamed Masoud M Agal The School of Law The Faculty of Professions The University of Adelaide, Australia 2016 Table of Contents Abstract .................................................................................................................................. iv Declaration............................................................................................................................. vi Acknowledgements ............................................................................................................. vii Dedication ........................................................................................................................... viii 1 General introduction to the thesis ................................................................................. 1 1.1 Introduction ......................................................................................................................... 1 1.2 Research objectives ............................................................................................................. 5 1.3 Research questions .............................................................................................................. 6 1.4 Methodology ...................................................................................................................... -
Howard Morphy Cross-Cultural Categories Yolngu Science and Local Discourses Centre for Cross-Cultural Research, the Australian National University
Howard Morphy Cross-cultural categories Yolngu science and local discourses Centre for Cross-Cultural Research, The Australian National University In Yolngu science we learn through observation. For example we observe the seasons and we see the changes in time. We watch the land and see changes in the weather patterns. In space we observe the sun and the morning star. The different stars and the moon tell us different things. Yolngu have been learning about how to read science though the moon. We've learnt to observe different cycles of the moon. It tells us when it's a good time for hunting. In different seasons different food items are ready to be eaten, like different plants. Yolngu don't just hunt for everything at once, but they go according to the different seasons. There are four seasons and Yolngu hunt according to these different seasons. Then each food source is found in abundance at the right time. We read the calendar to know for example when to go and get oysters, it also tells us when different fish is in season and when edible fruit and honey is available. Also Yolngu sing about these different seasons. They sing about the different stars. They observe and see and learn. For generations and generations people have passed on this knowledge orally. It has never been written down. It has been orally passed down to the next generation through oral history; songs, chants and stories. (Raymattja Marika, Yolngu teacher and linguist) The transformation of concepts such as science, law, or religion into cross-cultural categories has occurred in the context of discourse across cultural boundaries. -
North Australian Aboriginal Justice Agency Ltd ABN: 63 118017842 61 Smith St Darwin NT 0800 Ph: 0889825100 I Fax: 08 8982 5193 1800898251
North Australian Aboriginal Justice Agency Ltd ABN: 63 118017842 61 Smith St Darwin NT 0800 Ph: 0889825100 I Fax: 08 8982 5193 1800898251 27 October 2011 Committee Secretary House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Standing Committee of Attorneys General (SCAG) PO Box 6021 Parliament House CANBERRA ACT 2600 By Email: [email protected] Dear the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into Language Learning in Indigenous Communities The North Australian Aboriginal Justice Agency (NAAJA) is the Aboriginal legal service in the Top End of the Northern Territory (NT). NAAJA travels to most remote communities north of Elliott, and provides advice and representation to Aboriginal clients in criminal, civil and family law matters. NAAJA also delivers legal education in remote communities, and prison support and throughcare services to Aboriginal people in custody. NAAJA directs this submission to the benefit of giving recognition and attention to Indigenous languages in the context of the legal system, in particular, the criminal justice system. It is our experience that many Aboriginal people do not understand the legal system, or the specific legal orders they are subject to. This is because English is used as the primary language and interpreters are either unavailable, or under utilised. The consequences of this failure to include Aboriginal language considerations into the legal system are adverse and far reaching. NAAJA strongly supports more funding for the Aboriginal Interpreter Service, and better use of Aboriginal language interpreters. We consider it essential that service providers receive cross cultural training in how to best work with Aboriginal interpreters. -
The Land Rights Movement
25 YEARS OF NATIVE TITLE RECOGNITION Contents Settlement and 1 disposession Yirrkala Bark Petitions 1963 2 The Freedom Ride 1965 2 Wave Hill Station walk off 3 1966–1975 Gove Land Rights case 4 1968–1971 Aboriginal Tent Embassy 4 1972 Yolgnu claimants in the Land Rights case over the Gove Peninsula discuss aspects of Racial Discrimination Act 5 the hearing outside the courtroom in Canberra, September 1970. Source: National Archives of Australia. 1975 Reproduced with permission from Department of Foreign Affairs and Trade Aboriginal Land Rights (NT) 6 © Commonwealth of Australia. Act 1976 Noonkanbah 6 THE ROAD TO NATIVE TITLE: 1978–1980 THE LAND RIGHTS MOVEMENT Mabo No 2 6 1982–1992 Settlement and dispossession Paul Keating Redfern 7 From the time of first European settlement, Aboriginal and Torres Strait Islander Speech 1992 Australians have fought to maintain, and have recognised, their traditional rights to ownership of land. In 1788 the colony of New South Wales was established and the founding of Australia as a British colony had begun. The colony was settled on the basis of the doctrine of international law whereby the continent was deemed to be terra nullius—land belonging to no-one. Despite the obvious presence of Indigenous people, in the eyes of the British the land was considered to be practically unoccupied, without settled inhabitants and without settled law. The Colony was claimed for the British Sovereign on 26 January 1788. There is ongoing debate about the legal status of the ‘settlement’ as the land was clearly occupied and; there was no treaty and no (declared) war. -
Charles Perkins Oration 2005
Ngiya:Talk the Law – Volume 2 COMMON OWNERSHIP AND COLONIAL MENTALITY: THE CONCEPTUAL BARRIERS TO EFFECTIVE MANAGEMENT OF SEA COUNTRY MADELEINE HEYWARD For the coastal Aboriginal peoples of Australia, the dominant legal system’s recognition of pre-existing Indigenous rights to land has been undercut by its failure to fully recognise and protect the rights to sea which run with them. Despite some surface-level acknowledgement of rights attached to sea country, the non-Aboriginal vision of the sea and its resources remains largely unchanged. This vision centres on the notion that the sea and its contents are national common property. The concept of the sea as commons has been linked to colonial mechanisms of controlling country which continue to influence the extent to which Indigenous rights and management systems are recognised, both legally and socially, by non-Indigenous Australia. Through a case study of attempts by Yolngu clans in north-east Arnhem Land to engage the Northern Territory and Australian governments in a marine protection strategy for Manbuynga ga Rulyapa, the Arafura Sea, this article suggests that politically and ecologically effective management of sea country is unlikely to be achieved until non-Indigenous stakeholders are prepared to actively work towards understanding Indigenous management systems in a context of mutual respect and on the basis of a firm recognition of pre-existing rights. Sea as Common Property The Anglo-Australian conception of sea space is inherited from the dominant notion in modern European thought of ‘freedom of the seas’, handed down to the colony through its imperial founders as ‘somehow natural and certainly sacrosanct’.1 Central to this doctrine, popularised by Grotius’ Mare Liberum in the seventeenth century, is the idea that the sea and its resources are common property. -
Aboriginal Perspectives on Gifted Children 190910.Doc Then Recorded Their Findings on Video
Some Aboriginal Perspectives On Gifted And Talented Children And Their Schooling Michael Christie, Charles Darwin University Australian Aboriginal elders in very remote places seldom have the chance these days to collaborate with teachers and curriculum developers thinking through and planning for formal education for the new generation. Even more uncommon is collaborative work over how we should understand and provide for those children who are deemed gifted within the different worlds they inhabit. Over the many years I worked in remote Arnhemland Aboriginal schools as a teacher linguist, I became conscious of the ways in which young men and women were growing up to reveal themselves as leaders, and to be selected by their elders for particular responsibilities. It was often the case that the school attendance and participation of these emerging leaders had been at best spasmodic. Their participation in school was often watchful and stand-offish. They were not the bouncy students full of energy and questions. They carried themselves differently. I was often told that asking questions of an elder was unwise and impolite, and it concerned me that these young people were becoming leaders in spite of, rather than because of the pedagogical practices of the schools where I worked. I came to see this issue of the dislocation between Yolŋu and Balanda (western, white Australian) knowledge practices as an epistemological problem. The ways Balanda conduct schooling reveal particular commitments to understandings of knowledge and of truth which are quite different from the commitments of Yolŋu. I was keen to discover more about the theory of knowledge which produces such a different pedagogy, and such different indicators of a good education. -
Media-Kit-High-Ground.Pdf
HIGH GROUND DIRECTED BY STEPHEN JOHNSON RELEASE DATE TBC RUNNING TIME 1 HOUR 45 MINS RATED TBC MADMAN ENTERTAINMENT PUBLICITY CONTACT: Harriet Dixon-Smith - [email protected] Lydia Debus - [email protected] https://www.madmanfilms.com.au TAGLINE In a bid to save the last of his family, Gutjuk, a young Aboriginal man teams up with ex-soldier Travis to track down Baywara, the most dangerous warrior in the Territory, his Uncle. SYNOPSIS Northern Territory, Australia 1919. The Great War is over, the men have returned home. Many return to their normal lives in the cities in the south, others are drawn to the vast open spaces of the North. A sparsely populated wild frontier. They hunt buffalo, they hunt crocodile, and those that can join the overstretched Police service. Travis and Ambrose are two such men. A former sniper, Travis has seen the very worst of humanity and the only thing that keeps him on track is his code of honour, tested to its limit when a botched police operation results in the massacre of an Indigenous tribe. Travis saves a terrified young boy named Gutjuk from the massacre. He takes him to the safety of a Christian mission but unable to deal with the ensuing cover up, Travis leaves his police outpost and disappears into the bush. Twelve years later, 18-year-old Gutjuk hears news of the ‘wild mob’ – a renegade group of Indigenous warriors causing havoc along the frontier attacking and burning cattle stations, killing settlers. It’s said their leader is Gutjuk’s uncle, Baywara thought to be a survivor of the massacre. -
North Australian Aboriginal Justice Agency NAAJA
Freecall 1800 898 251 ABN 63 118 017 842 Email [email protected] Australian Law Reform Commission inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples North Australian Aboriginal Justice Agency submission October 2017 “An overwhelming request from both men and women during community consultations was for Aboriginal law to be respected, recognised, and incorporated with the wider Australian law where possible.” Rex Wild QC and Patricia Anderson, ‘Little Children are Sacred’, Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, 2007, 54. “Rrambaŋi limurr dhu djäma guŋga’yunmirr ga räl-manapanmirr.” “Equally we will all work cooperatively and combine our energy.” When Balanda law does not respect Yolŋu law, young people learn not to respect Yolŋu law and start to disrespect each other. Any solution to a problem like this [violence] must involve Yolŋu and Balanda. We must work together. We must share authority and real decision-making power. We must be able to have both laws working together, which requires respect for and recognition of each other’s law. Dhäwu Mala Galiwin’ku Community-wuŋ Nhaltjan Dhu Gulmaram Bunhaminyawuy Rom ~ A Galiwin’ku Community Statement to Prevent Family Violence (ARDS), May 2016, 9, 7 We want to be champions for our future generations and children so we can create a caring place for them to walk free, to create a country, a culture and a life that they want to live for our children, their children and their children’s children. We have done enough searching and working - what more can we do to let the Napaki law see how we are trying to help our young people who are in trouble and are sick in body, for our young people who want to be well but they can’t find the right path. -
Yolngu Studies: a Case Study of Aboriginal Community Engagement
Yolngu Studies: A case study of Aboriginal community engagement MICHAEL CHRISTIE he forty or more different clan groups of Australian Aboriginal T people who live on or near the coast and islands of north-east Arnhem Land, in the Northern Territory, are collectively known as Yolngu. Yolngu law dictates that all marriages must be outside the clan group, a principle which has given rise to complex ceremonial and economic exchange relationships among quite separate groups. Consequently, Yolngu have a strong tradition of negotiation across cultural boundaries, while sharing carefully and respectfully with non-Yolngu was already an established practice before the Europeans arrived, as Yolngu worked for, and traded with Macassans who came annually to their shores from the north-west, from what is now known as Indonesia. Yolngu have ancient and carefully articulated theories of knowledge, identity, land, exchange and communication, which have been offered to newcomers wishing to engage with Yolngu on Gateways: International Journal of Community Research and Engagement No 1 (2008): 31-47 © UTSePress and the author Gateways | Christie Yolngu land and terms. One such theory derives from the metaphor of ‘garma’, the open ceremonial ground where people are invited to gather together to perform their collective histories, their particular identities and allegiances, and an agreed statement of a way forward. The garma metaphor is particularly valuable for conceptualising bicultural (or ‘both-ways’) education, where Balanda (European) and Yolngu knowledge traditions come together, work together and agree together in the context of a particular place and a particular agenda, without compromise to either of the contributing traditions. -
The String Figures of Yirrkala: Examination of a Legacy
10. The String Figures of Yirrkala: Examination of a legacy Robyn McKenzie Who’s the painted cave man Who lives in Arnhem Land You’ll find it’s Fred McCarthy Tying strings around his hand.1 — Anonymous When the 1948 American–Australian Scientific Expedition to Arnhem Land was all but over and the party was taking stock in Darwin, Howell Walker, the National Geographic Society writer-photographer, asked each participant to respond to two questions: ‘What did they consider the most significant contribution to their field that the Expedition had made possible?’; and ‘What would their respective home institutions consider the most valuable work done by the Expedition?’ Frederick McCarthy, one of three ethnographic researchers on the Expedition (alongside Frank Setzler from the Smithsonian Institution and Charles Mountford, the Expedition leader), not surprisingly stated that the ‘collection of specimens’ of material culture and natural history would be most valued by his institution, the Australian Museum. For the most significant contribution to the field of anthropology, he nominated the archaeological survey he carried out in collaboration with Setzler (see Clarke and Frederick, this volume). He gave equal standing to the collection of string figures he made at Yirrkala: ‘a record number…from one group of natives.’ McCarthy described it as ‘the most complete study of string-figures yet made in one area in Australia’ and noted that it ‘increases the total to three times as many [as] previously known in the whole of the continent’.2 McCarthy’s collection of string figures—constituting by his estimate one-fifth of all ‘known’ string figures in the world at the time—remains the largest of 1 Author unknown, stanza of a ditty/song/poem, typewritten and pasted into McCarthy’s diary on 24 July. -
Arnhem Way 6 Day Northern Territory Drive Route Itinerary
SUGGESTED ARNHEM WAY 6 DAY NORTHERN TERRITORY DRIVE ROUTE ITINERARY Wessel Islands GOVE AIRPORT (Garma) Roper Bar MATARANKA ROPER HWY Considered one of Australia’s last unspoilt areas, Arnhem Land is just waiting to be discovered. The Central Arnhem Road starts 50km south of Katherine and finishes in Nhulunbuy on the Gove Peninsula. This route will take you on an adventure through open savannah woodlands as you cross creeks and spot a variety of wildlife. Please note that when travelling to Arnhem Land you will require a permit from the Northern Land Council. These permits are necessary to preserve the beauty of Arnhem Land. DO CULTURE Arnhem Land has a unique Indigenous TOP TEN THINGS TO DO culture that is perfectly interwoven into the 1. Bush camp at pristine beaches along experiences available. The small population the East Arnhem Land coast is mainly Aboriginal people who live a traditional life. Take a cultural tour or visit 2. Explore the beaches and fresh water the local art and craft galleries to experience holes of the Dhimurru recreational authentic Aboriginal culture. This is the land areas on a four-wheel drive camping where the didgeridoo originated, so make adventure sure you visit the local art and craft galleries to secure your authentic souvenir. 3. Jump on a charter flight and see the fantastic coastline and wildlife from DO ADVENTURE above This coastline is home to some of Australia’s 4. Visit Buku Larrnggay Mulka Art Centre most beautiful pristine beaches just waiting at Yirrkala for local Indigenous arts to be explored. Join a fishing charter and and crafts spend the day out on the water or explore various bushwalking and hiking trails through 5. -
U Places and People: Taking Aboriginal Understandings Seriously in Land and Sea Management
YolYol\\\\uu Places and People: Taking Aboriginal Understandings Seriously in Land and Sea Management Margaret Leanne Ayre B. For. Sc. (Hons), University of Melbourne Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy 2002 Department of History and Philosophy of Science The University of Melbourne Abstract In this thesis I look at the work of managing Yol\u Aboriginal estates by the Dhimurru Land Management Aboriginal Corporation (Dhimurru) and Yol\u Aboriginal communities of NE Arnhem Land. I examine the practices of doing contemporary land and sea management at Dhimurru drawing on work I did at Dhimurru assisting in the development of a plan of management for the Yol\u place, }anydjaka (Cape Arnhem in English), and negotiating a curriculum/pedagogy for Dhimurru Yol\u Rangers. I examine the mobilisation strategies of the environmental sciences and Yol\u knowledges which together perform the ‘object of management’ in Dhimurru’s practice, ‘}anydjaka/Cape Arnhem’, as a multiplicity: a Yol\u-managed place. Showing ‘}anydjaka/Cape Arnhem’ as a multiplicity (multiple but partially connected objects) allows us to understand place as multiple materialities performed through sets of routine, but quite often very different, sets of practices. The work of managing ‘}anydjaka/Cape Arnhem’ is the work of managing multiple realities within which the object of management is continually performed as partial, messy, contingent and local. I contend that in order to take Yol\u understandings seriously in land and sea management we need to understand Dhimurru’s unique ontology as a knowledge landscape characterised by an emergent methodology I call ‘journeying-naming- tracing’.