Linkages: Mabo and the sentencing of indigenous offenders

The ground breaking decision by the High Court of Australia in Mabo v Queensland (No 2) overturned the principle of terra nullis as a legal fiction. It paved the way for a reconsideration of property law. Mabo arguably has significance beyond native title and property law to other areas of the law. This article examines the 'linkage' between the decision in Mabo and the criminal law and, in particular, the punishment of indigenous persons, it addresses the following question: Can a significantly distant temporal and physical act of dispossession as was recognized in Mabo have any relevance to contemporary questions of the punishment of indigenous persons?

A comparison of the sources and nature of body image messages perceived by indigenous Fijian and European Australian adolescent girls

Australian and Fijian adolescent girls reported on the influence that sociocultural factors, including parents, peers, and the media, had on their body image attitudes. It was expected that messages that promote a thin body would be less prevalent among Fijians, as their cultural traditions place more importance on robust body sizes. An inductive thematic analysis of the girls’ semi-structured interviews indicated that both Fijian (n = 16) and Australian (n = 16) girls (aged 13–17) reported messages from similar sources, which included parents, siblings, and friends/peers. Australian girls consistently reported messages that reinforced thinness. On the other hand, Fijian girls reported messages that emphasized both thinness and robustness. The discussion focuses on the conflict between Western ideals and cultural Fijian traditions and the implications for culturally sensitive interventions.

Succession and Indigenous Australians : addressing Indigenous customary law notions of 'property' and 'kinship' in a succession law context

The purpose of this article is to critically evaluate the existing capacity of Indigenous people to exercise succession rights against their estate. This article begins with a discussion of the sources of the general succession laws in Australia, noting that they have derived from UK law, where the common law notions of property, property rights and family, including the expectational right to succeed to property, are all important factors. These common law notions do not easily fit within the spectrum of Indigenous customary law. Generally, many Indigenous Australians will die without executing a valid will (ie, they die intestate) and it is here that this article undertakes an examination of the general intestacy laws in all Australian jurisdictions noting the inadequacy of the provisions to recognise Indigenous persons’ spiritual and cultural obligations to property, land or otherwise, together with a failure to distinguish extended Indigenous kinship relationships under Indigenous customary law. It is argued that Indigenous people who die intestate should be supported by a flexible and adaptive intestacy framework, responsive to the full customary and cultural responsibilities of the deceased, thus promoting an organic and developmental approach to succession entitlements.

Reinstating indigenous landscape planning curatorship : the Lake Condah restoration project

While contemporary Western planning traditions in Australia talk of the last 200 years of innovation and transposition of European and North American planning traditions upon the Australian landscape, they neglect to mention some 40-50,000 years of Indigenous landscape planning initiatives and practice. The ancestral country of the Gunditjmara people is in the Western District of Victoria focused upon the Lake Condah and Mount Eccles localities. The Gunditjmara had, and continue to have a strong social, cultural and land management and planning presence in the region, in particular linked to environmental engineering initiatives and aquaculture curatorship of eel and fish resources. Archaeological evidence confirms that some 10,000 years of pre-European contact landscape planning practice has been applied by the Gunditjmara to construct resources management infrastructure to service a regional food need as well as a community need. Within contemporary reconciliation discourses, the Gunditjmara have activity sought over the last 25 years the rehabilitation of Lake Condah, which is now coming into fruition, and the restoration of their traditional landscape planning and management responsibilities. This paper reviews the restoration of Indigenous landscape planning and management theory and practice by the Gunditjmara, pointing to significant policy and practice success as well as the need to better appreciate this culturally-attuned and ecologically-responsive approach to landscape planning borne out of generations of knowledge.

Introduction : making Indigenous place in the Australian city

This introductory essay situates this special issue's concerns in the context of Indigenous cultural centre design in settler-colonial Australia. Given the very small number of Indigenous architects in Australia, architectural facilities for Indigenous communities are routinely designed by non-indigenous architects. The implications of this are significant. Given the often complex social, historical and political ambitions that are invested in the construction of Indigenous cultural centres, and their frequent intention to represent a broad Indigenous constituency, can non-indigenous architectural and spatial practice ever realize these? As a way into this question, the essay surveys postcolonial and architectural scholarship that explores the spatialization of setter-colonial politics and the distinct place-making traditions of Indigenous and non-indigenous Australians. The making of place in the Australian city is an ongoing force of conflict, assertion, exclusion and forgetting, but it is also central to the realization of a possible post-colonial state in which no one ‘centre’ can ever stabilize and resolve questions of legitimacy and power. Instead, such a centre might hold these questions in tension and as questions in common, which would mean a new foundation for the making of place.

Planning research and educational partnerships with Indigenous communities : practice, realities and lessons

Increasingly planning practice and research are having to engage with Indigenous communities in Australia to empower and position their knowledge in planning strategies and arguments. But also to act as articulators of their cultural knowledge, landscape aspirations and responsibilities and the need to ensure that they are directly consulted in projects that impact upon their ‘country’ generally and specifically. This need has changed rapidly over the last 25 years because of land title claim legal precedents, state and Commonwealth legislative changes, and policy shifts to address reconciliation and the consequences of the fore-going precedents and enactments. While planning instruments and their policies have shifted, as well as research grant expectations and obligations, many of these Western protocols do not recognise and sympathetically deal with the cultural and practical realities of Indigenous community management dynamics, consultation practices and procedures, and cultural events much of which are placing considerable strain upon communities who do not have the human and financial resources to manage, respond, co-operate and inform in the same manner expected of non-Indigenous communities in Australia. This paper reviews several planning formal research, contract research and educational engagements and case studies between the authors and various Indigenous communities, and highlights key issues, myths and flaws in the way Western planning and research expectations are imposed upon Indigenous communities that often thwart the quality and uncertainty of planning outcomes for which the clients, research agencies, and government entities were seeking to create.

Minahasan indigenous perspectives on place planning and management : tracing the indigenous culture through the lens of local wisdom

Indigenous cultures draw upon many thousands of years of residency and environmental adaptation offering unique knowledge resources to better understand our landscapes and environment. The Minahasan society, on the island of Sulawesi in the Indonesian archipelago, is one such Indigenous community. The Minahasan are the Indigenous community of northern Sulawesi, before the Portuguese and Dutch 1500-1900 colonization of this island, and the later nationalist cultural assimilation following post Indonesian independence. Thus, some 500 years of post-European contact and management can be contrasted against over I 00,000 years of Minahasan society. Further, the majority of this colonisation has been focused upon the coastal fringes resulting in a relatively intact Minahasan cultural landscape within the interior of northern Sulawesi focused upon the Tondano Lake catchment. This paper considers the importance of the Minahasan-formed cultural landscape, its importance to this culture, and the role and influence it continues to have in settlement formation and planning in northern Sulawesi despite conventional Indonesian and Western-informed sustainable urban and regional planning traditions and knowledge. It draws upon intensive qualitative research using 14 different villages, to analyse and compare local knowledge and land-relationships developed by the respective communities to manage and curate their unique characteristics as well as ensuring adaption without compromising their cultural, social and economic values. The research embodies this ethnoecological information in seeking to analyse historical and contemporary land use planning systems, and to offer a future planning perspective that will respect and endure this relationship and environmental management regime.

Indigenous knowledge and climate change : the Wathaurong and Gadubanud narrative for the Great Ocean Road region

For more than forty thousand years Aboriginal people of Australia have been confronted with major climate, ecological and geological changes as well as annual seasonal variations. Many of these changes have been captured in the cultural traditions of Maar (the people) of the south-west Victorian coast and the knowledge has been transferred from generation to generation through Dreaming stories. Many Dreaming stories recount the forming of the coastal landscape and Sea Country. Weather patterns and climate change were gauged by the occurrence of natural events such as the tidal changes, sea level rise, landscape changes, behaviour of animals, and the availability of food sources. Can this ancient knowledge provide answers for adaptation and resilience to a rapid changing climate? Drawing upon recent literature on coastal climate change in the Great Ocean Road Region (GORCC, 2012), literature review of indigenous environmental planning (Kooyang Sea Country Plan, 2004), and investigation of settlement patterns of the Wathaurong and Gadubanud people, this paper reviews the changes in the landscape due to climate change and explores traditional knowledge as input to a potential design based adaptation model for coastal settlements of the Great Ocean Road Region.

Indigenous knowledge and climate change: settlement patterns of the past to adaption of the future

For centuries the Aboriginal Peoples of Australia have been confronted with major ecological, geological and climate events, and had to adapt home shelters and settlements to seasonal variations. Many of these changes have been captured in the cultural traditions of the indigenous people reflecting a harsh coastal environment. Weather patterns and climate change were gauged by the occurrence of the tidal changes, landscape changes, recurring weather events and the acknowledgement of six seasons. Community settlements got established and relocated to adapt to the patterns of nature. This paper investigates if this ancient knowledge can provide answers for adaptation of coastal settlements to a changing climate. Drawing upon recent published literature on predicted coastal climate change impacts in the different regions of Australia, and the review of indigenous settlement planning according to a six season cycle, the author explores traditional knowledge as input to a potential Design Based Adaptation Model for coastal settlements along the Australian coast.

The conservation of Balinese traditional architecture: the integration of village pattern and housing pattern in indigenous villages

Bali Island is known not only for its culture and flourish of nature, but it is also for its traditional architecture which is embedded by the traditional philosophies including Tri Hita Karana, Tri Angga, Tri Loka etc. The Indigenous villages, as rural settlements, disclose their Indigenous traditions and values of Balinese culture and architecture which have been inherited from generation to generation. Many scholars have documented the Indigenous villages of Bali in relation to the nature, socio-culture, norms, as well as its architecture. In this paper, through an extensive literature review, and the use of observation, interview and documentation of extant Indigenous villages in Bali, the author explores how the village pattern is relational to the housing pattern in the Indigenous villages in Bali within the landscape that is Bali Island.