Indigenous Law Bulletin 2012 Volume 8 Issue 3
EDITORIAL
Welcome to the final edition of the Indigenous Law Bulletin (‘ILB’) for 2012. To close the year we’ve brought you a diverse range of articles covering a variety of issues.
We open this edition with an article by David Pheeney in response to the NSW Government’s announcement in September that it intends to reform the State’s right to silence laws. David provides an Indigenous perspective on the impact the changes may have on legal safeguards for Indigenous adults who come before the criminal justice system.
Timothy Neale surveys the issues that—having been raised by the Wild Rivers Act 2005 (Qld) controversy—must now be faced by the newly elected Liberal National Party administration in Queensland. George Williams addresses the question of whether recognising Aboriginal and Torres Strait Islander peoples in the Australian Constitution would negate their claims to sovereignty.
Continuing on the subject of sovereignty, Irene Watson, drawing from her Tanganekald and Meintangk Peoples’ perspective, addresses the ongoing sovereignty of Aboriginal peoples and their struggles to coexist within the ongoing Australian colonial project.
In an article referencing the long history of global Indigenous enterprise, I outline why consulting the United Nations Declaration on the Rights of Indigenous Peoples (‘UNDRIP’) represents best practice for parties involved in revitalising Indigenous-led economic development.
Errin Walker considers the continuation of alcohol restrictions under the current Stronger Futures legislation and assesses its prospects for success in tackling the Territory’s ‘rivers of grog’.
Aimee Ferguson provides us with some reflections on her time at the 2012 United Nations Permanent Forum on Indigenous Issues (‘UNPFII’) as the assistant to Megan Davis, State Elected Expert Permanent Forum Member and this year’s Rapporteur of the UNPFII.
Finally, Tim Rowse reviews ‘People on country: vital landscapes, Indigenous futures’. A series of essays edited by Jon Altman and Seán Kerins which tells the story of Aboriginal people who are living on, working on and caring for the lands and seas that they own and manage.
Thank you all for your ongoing interest in the ILB and for your comments and contributions throughout the year. I hope you enjoy this latest edition of the ILB.
Robert McCreery
Editor
CONTENTS
In Defence of the Right to Silence: An Indigenous Perspective by David Pheeney
Contest and Consent: the legacy of the Wild Rivers Act 2005 (Qld) by Timothy Neale
Does Constitutional Recognition Negate Aboriginal Sovereignty? by George Williams
The Future is Our Past: We Once Were Sovereign and We Still Are by Irene Watson
Promoting Indigenous-led Economic Development: why par ties should consult the UNDRIP by Robert McCreery
Stronger Futures Alcohol Regulation in the NT by Errin Walker
Reflections on the 2012 UN Permanent Forum on Indigenous Issues by Aimee Ferguson
BOOK REVIEW
People on country: vital landscapes, Indigenous futures by Tim Rowse