November / December 2008, Volume 7 Issue 9
Editorial
This is our final edition of the Indigenous Law Bulletin for 2008. To close the year, we bring you a diverse range of issues for consideration:
Anita Anderson, a law student at Griffith University, argues that law schools around Australia should include Indigenous studies as a compulsory part of the mainstream law curriculum. Anita discusses the way in which such a move would assist in promoting cultural, historical and political awareness for Indigenous and non-Indigenous students. She argues that this would be a direct and effective contribution to ‘closing the gap’ in knowledge, not just for students, but for stakeholders in the legal system and for the wider Australian community.
Professor Gary Meyers continues in the theme of Indigenous education in law schools, outlining the way in which Indigenous legal issues are incorporated into the Law program at the University of Tasmania (UTas). Professor Meyers argues that early and continued exposure to Indigenous studies encourages students to think critically about the role of history in the development of our current legal system. In this way, UTas impresses upon students the constant intersection between Indigenous interests, current and future constructions of the law.
Melissa Castan and David Yarrow review the Victorian Charter of Rights and Responsibilities, looking at how well it provides for Indigenous rights. Specifically, they criticise the exclusion of self-determination from the legislation, arguing that that this omission reflects an ongoing ‘culture of silence’ and a national reluctance to make space for Indigenous entitlements in public life.
Kyllie Cripps, Megan Davis and Professor Caroline Taylor discuss their research into judicial conceptions of customary law, and how these ideas impact on Indigenous women and children who have been victims of sexual violence. Using the assault of a 10 year old girl in Aurukun as a case study, the authors argue that more research needs to be done to uncover the way in which legal narratives are created about customary law and social disadvantage and how these notions are applied through the legal process.
Reviewing the Northern Territory intervention, Raelene Webb relays the concerns of Indigenous communities and the way in which it has impacted on community life and spirit. Incorporating the findings by the NTER Review Board, Raelene focuses on the compulsory application of the intervention measures, the need for better community consultation to develop more effective programs and the need to bring the measures in line with Australia’s human rights obligations.
Finally, Jason Behrendt provides us with a detailed case study of the High Court’s decision in the Wagga Land Claim, and the arguments used by the NSW Minister for Lands to circumvent the beneficial and remedial purpose of the Aboriginal Land Rights Act.
Zrinka Lemezina
Editor
Closing the ‘Ignorance and Lack of Awareness’ Gap
By Anita AndersonTwo Examples of Incorporating Indigenous Issues in Law School Curricula: Foundation Year Courses and Electives in Environmental/Natural Resources Law
By Gary D MeyersCharter Rights: Self-Determination for Indigenous Victorians
by Melissa Castan and David YarrowSexual Violence in Aurukun: The Queen v BP, DK, MY, PA, Koowarta, Wikmunea, Woolla 2007
By Kyllie Cripps, Megan Davis and Caroline TaylorThe Intervention: A message from the Northern Territory
By Raelene WebbThe Wagga Land Claim: Minister Administering the Crown Lands Act v NSW Aboriginal Land Council [2008] HCA 48
By Jason Behrendt
Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (27) 2007 are available online at http://www.austlii.edu.au/au/journals/AboriginalLB and http://www.austlii.edu.au/au/journals/ILB/.