August 2007 Volume 6, Issue 29
On 17 August 2007, the Federal Parliament passed the Bills that formed the government's 'National Emergency' response to the Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007. Megan Davis, Director of the Indigenous Law Centre, questions the process that culminated in parliament passing legislation that discriminates against Indigenous Australians and violates Australia’s international human rights obligations.
One of the key concerns of many Indigenous and non-Indigenous observers is the government's lack of consultation with Indigenous people with respect to the 'National Emergency' Legislation. Toni Bauman provides an insightful account of the importance of consultation with Indigenous peoples in achieving productive outcomes. Drawing on the research of the Indigenous Facilitation and Mediation Project ('IFaMP'), the paper distinguishes between the procedural responsibilities and substantive outcomes of negotiators and identifies as a major inadequacy in Indigenous communities decision-making, problem solving or negotiation capabilities.
In December 2006, the Crimes Act 1914 (Cth) was amended to prevent federal courts from taking into account cultural background or customary law as criteria in sentencing or bail. Jonathon Hunyor, the Director of Legal Services at the Human Rights and Equal Opportunity Commission ('HREOC') discusses HREOC's concern with the amendments. This article highlights the lack of evidentiary bases for the amendment, the amendment as an infringement of the human right to culture, the lack of consultation with Indigenous people, and the tenuous connection between the amendments and family violence in Indigenous communities.
Michael Mansell, Legal Director of the Tasmanian Aboriginal Centre ('TAC') writes in the Bulletin on TAC's battle with the British Natural History Museum over the return of Aboriginal remains and shares important lessons from the long running fight with UK and other institutions. In addition to this, Christopher Wilson describes the repatriation experience of the Ngarrindjeri people from South Australia. Christopher's paper details some of the cultural and political issues of repatriation and reburial of the Ngarrindjeri people.
Looking globally, in May 2007, the sixth annual session of the United Nations Permanent Forum on Indigenous Issues was held in New York. The theme this year was 'Territories, lands and natural resources'. Rachel Davis updates readers on some of the key issues raised at the Permanent Forum and the final report.
Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (19) 2006 are available online at <http://www.austlii.edu.au/au/journals/AboriginalLB> and <http://www.austlii.edu.au/au/journals/ILB/>.
General Edition
Aboriginal or Institutional Silence? A Brief Comment on the National Emergency Response to the Anderson Wild Report
by Megan DavisThe Sixth Session of the UN Permanent Forum on Indigenous Issues: 'Territories, Lands and Natural Resources'
by Rachel DavisCustom and Culture in Bail and Sentencing: Part of the Problem or Part of the Solution?
by Jonathon Hunyor'You Mob all Agree?' The Chronic Emergency of Culturally Competent Engaged Indigenous Problem Solving
by Toni BaumanNgarrindjeri Experiences of Repatriation: Engaging in an Effective Consultation Process for Returning Old People
by Christopher WilsonThe War of the Dead
by Michael MansellCommunity Justice Groups: Bridging the Gap Between Indigenous Communities and the Law
by Rosemary Grey and Rhys Gardiner
Regular
Recent Happenings August 2007