August / September 2008, Volume 7 / Issue 7

Editorial

This is my first edition as Editor of the Indigenous Law Bulletin.  I am very excited to join the dedicated team of people at the Indigenous Law Centre and am pleased to take part in the Bulletin’s long tradition of delivering quality commentary on developments in Indigenous affairs. 

I would like to thank everyone at the Centre and the Editorial Board for welcoming me so warmly. 

In this edition, we open with the Inteyerrkwe Statement, a collective apology by Aboriginal men to the women and children in their communities.  As John Liddle, Male Health Manager of the Central Australian Aboriginal Congress, explains, the Apology is a significant sign of ‘Aboriginal males taking control, not being given it, not having it forced upon them, but willingly taking up the difficult challenges that confront us all.’ 

Earlier this year, we profiled the long running legal battle by the Yolngu traditional owners of the waters known as Blue Mud Bay.  In this edition, we follow up the High Court’s decision in that case.  In July, the Court found that Indigenous land rights extend to Intertidal waters.  This is a significant result; it opens up the possibility for Indigenous people to participate in negotiations over the commercial exploitation of fisheries in their traditional waters.  Sean Brennan reviews the High Court judgement, explaining the significance of the case and discussing its economic and legal implications for coastal Indigenous peoples. 

Much has been made of Prime Minister Kevin Rudd’s apology to the Stolen Generations but, having been delivered in February this year, we are increasingly watching out for practical commitments to give effect to the symbolism.  The issue of reparations for the harm caused has been pushed aside in the public discourse, largely regarded as politically unfeasible.  Marcelle Burns considers the rejection of the Stolen Generations Compensation Bill by the Senate Standing Committee on Legal and Constitutional Affairs, and questions to what extent the Labour Government’s approach to Indigenous affairs differs from that of the previous government. 

In recognition of the insidious impact of family violence in Indigenous communities, the Victorian government has introduced Strong Culture, Strong Peoples, Strong Families: Towards a Safer Future for Indigenous Families and Communities, a ten year plan to curb the incidence of such violence.  Dr Kyllie Cripps and Leanne Miller provide a detailed review of this plan, examining the nature of Indigenous family violence, as well as the way in which the Victorian initiative was constructed.  Their review brings to light troubling shortfalls in process: these failings compromise the legitimacy of the plan, but also undermine its effectiveness as a means of addressing family violence. 

Magistrate Gerard Bryant, a magistrate in the Koori Court in Shepparton, discusses the difficulties of the traditional criminal justice system, a ‘blunt instrument’, in addressing offending behaviour by Indigenous defendants.  The Koori Court incorporates a restorative justice approach to traditional court processes, demonstrating one way that the criminal justice system can be made more meaningful and relevant to Indigenous offenders.  Magistrate Bryant explains the processes and the rationale underpinning this innovative approach to criminal justice. 

Finally, the long awaited report into the Northern Territory Emergency Response has now been publicly released.  The findings and recommendations presented by the Review Board have reignited the controversy surrounding the legitimacy of Intervention measures, their effectiveness and what should be done to address Indigenous disadvantage in the longer-term.  Sonia Cooper examines the recommendations and conflicting reactions. 

As always, we hope that you enjoy this edition and welcome any feedback you may have. 

Zrinka Lemezina,
Editor

Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (23) 2006 are available online at http://www.austlii.edu.au/au/journals/AboriginalLB and http://www.austlii.edu.au/au/journals/ILB/.

INTEYERRKWE STATEMENT
Aboriginal Male Health Summit 2008

WET OR DRY, IT'S ABORIGINAL LAND: THE BLUE MUD BAY DECISION ON THE INTERTIDAL ZONE
by Sean Brennan

THE UNFINISHED BUSINESS OF THE APOLOGY: SENATE REJECTS STOLEN GENERATIONS BILL 2008(CTH)
by Marcelle Burns

MUTANT MESSAGES: VICTORIA'S INDIGENOUS FAMILY VIOLENCE 10 YEAR PLAN
by Dr Kyllie Cripps & Leanne Miller

KOORI COURT, SHEPPARTON VICTORIA
by Magistrate Gerard Bryant

THE NORTHERN TERRITORY EMERGENCY RESPONSE - REPORT BY THE REVIEW BOARD
by Sonia Cooper

REGULAR
Recent Happenings August / September 2008
compiled by Zrinka Lemezina