Rights versus reality : the difficulty of providing 'access to English' in Queensland courts

This project reviewed the success of the Aboriginal English in the Courts booklet which was published by the Department of Justice and Attorney-General in 2000, with a view to improving access to the courts for speakers of Aboriginal English in Queensland. Surveys and interview were conducted with judges, magistrates, prosecutors, legal aid lawyers and courts registry staff. The feedback from the research has shown that the handbook has had little impact on ‘access to English’ in Queensland courts. The problems relate to the tension between protecting the rights of the accused under an adversarial system and legitimately introducing the issues of language uncertainty to the court in a non-prejudicial manner. In addition, the interviews have brought to light emerging language issues in remote communities that cannot be remedied under existing language policy mechanisms, such as the provision of interpreters or friends of court.

Cultural relativity as exchange : J.W. Lindt’s 'bush character and Aboriginal' from 'The Grafton Album', circa 1872

J.W.Lindt’s Colonial man and Aborigine image from the GRAFTON ALBUM: “On chemistry and optics all does not depend, art must with these in triple union blend” (text from J.W. Lindt’s photographic backing card) In this paper, I follow an argument that Lindt held a position in his particular colonial environment where he was simultaneously both an insider and an outsider and that such a position may be considered prerequisite in stimulating exchange. A study of the transition of J.W. Lindt in Grafton, N.S.W. in the 1860s from a traveller to a migrant and subsequently to a professional photographer, as well as Lindt’s photographic career, which evolved through strategic action and technical approaches to photography, bears witness to his cultural relativity. One untitled photograph from this period of work constructs a unique commentary of Australian colonial life that illustrates a non-hegemonic position, particularly as it was included in one of the first albums of photographs of Aborigines that Lindt gifted to an illustrious person (in this case the Mayor of Grafton). As in his other studio constructions, props and backdrops were arranged and sitters were positioned with care, but this photograph is the only one in the album that includes a non-Aborigine in a relationship to an Aborigine. An analysis of the props, technical details of the album and the image suggests a reconciliatory aspect that thwarts the predominant attitudes towards Aborigines in the area at that time.

Empirical reference points for Bernstein’s model of pedagogic rights: Recontextualising the reconciliation agenda to Australian schooling

In this chapter we use Bernstein’s (2000) model of pedagogic rights to examine the learning experiences for non-Indigenous teachers in two reconciliation projects. In the context within which we write, reconciliation is the process of establishing a culture of mutual respect between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians. In 1991, the Royal Commission into Aboriginal Deaths in Custody linked the continuation of racism in Australian society to the weak coverage of Aboriginal and Torres Strait Islander content in the school curriculum (Reconciliation Australia 2010). Nearly two decades later, the Melbourne Declaration on Educational Goals for Young Australians issued by the council of Federal, State and Territory Ministers of Education proclaimed that curriculum should enable all students to ‘understand and acknowledge the value of Indigenous cultures and possess the knowledge, skills and understanding to contribute to, and benefit from reconciliation between Indigenous and non-Indigenous Australians’ (MCEETYA 2008, 9). Education holds out promise not only of better life chances for Indigenous young people, but also of replacing myths with understanding and tackling prejudice and racism within the non-Indigenous population. Bernstein’s (2000) model of pedagogic rights promises some purchase on this pedagogic work by providing concepts for looking systematically at the participation of non-Indigenous teachers in education. As observed by Frandji and Vitale (Chapter 2, this volume), the model is not sufficient to achieve a democratic reality, ‘but simply provides a basis for problematizing reality and considering possibilities’.

Relationship Building with Aboriginal Elders in the Publicly Funded Secondary School Classroom: A Study of Ethical Space from an Aboriginal Persepective

This is a current story of ethical space in education that is often neglected in the design of educational experiences for Aboriginal students. This story is told through an Aboriginal lens rooted in the structured Two Row Wampum Belt relational agreement between Aboriginal peoples and Settlers. Through ethnographic narrative based on an extensive literature review, individual in-depth interviews, and a personal journal, this study documents the processes of acceptance, silence, complications, and then rejection to position Aboriginal Elders as inclusive bodies of knowledge in publicly funded secondary school classrooms. Aboriginal Elders are valued as Knowledge Holders, as Aboriginal teachers, guides, and mentors. Yet, the complexities of colonial rights, politics, and policies continue to intrude deeply into the lives of Aboriginal peoples to cause silence, confusion, and struggle rather than an evolution of new knowledge amongst two co-existing solitudes under the original terms of the Two Row Wampum Belt. The study was delayed and then came to an end when the school boards and local schools scrutinized its operating policies and unresolved funding issues. This study demonstrated that despite the Two Row Wampum Belt agreement that promised a co- existent relationship between Aboriginal peoples and Settlers, the strategy of inviting Aboriginal Elders to work alongside teachers in the classroom was viewed as being in conflict with the Settler’s institutional/educational objectivities, and, as such, was denied to Aboriginal students.

An interview with Avigail Eisenberg : “Reasoning about the Identity of Aboriginal People”

Document de travail

Self-determination in Aboriginal political thought

Part 1 - Political Ideas -- Liberalism and the Liberal Party of Australia -- The Australian Labor Party and the Third Way -- Australian feminism: the end of 'the universal woman'? -- Self-determination in Aboriginal political thought -- From the 'social laboratory' to the 'Australian Settlement' -- Australian nationalism and internationalism -- Part 2 - Institutions of Democracy -- Parliament and the Executive -- Political integration and the outlook for the Australian party system: party adaptation or regime change? -- Administrative agencies and accountability -- The institutional mediation of human rights in Australia -- The news media and Australian politics -- The role of the state: welfare state or competition state? -- Part 3 - Political Issues and Public Policies -- National policy in a global era -- The economic policy debate -- The decentralisation of industrial relations -- The labour market and the future of employment -- The welfare reform agenda -- The social consequences of the rural reform agenda -- Politics and the environmental policy debate -- Immigration policy and the attack on multiculturalism.

Authorship, authenticity and intellectual property in Australian Aboriginal art

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists’ relationship different to other artists’ individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006–8.

Painful wrench for a European mind : land claims and representations of history and aboriginal tradition in the Darwin hinterland

The first longitudinal study of the way the statutory recognition of Aboriginal traditional rights to land has affected Aboriginal groups in the north western Northern Territory. An interdisciplinary approach is used drawing on methods from both history and anthropology.

Black fella land – white fella tax : changing the CGT implications of aboriginal/native title

The taxation of aboriginal/native title payments gives rise to a number of complex and difficult legal and policy issues. Reform measures announced on 13 February 1998 by the then Federal Treasurer and Attorney-General did not address the possible capital gains tax (‘CGT’) implications and even those relating to ordinary income under s 6-5 Income Tax Assessment Act 1997 (Cth) remain unimplemented. The much anticipated Report of the Native Title Payments Working group (6 February 2009), while primarily focusing on non-taxation issues, also recognises the need for taxation reform and makes some recommendations in regard to such. Most recently, on 18 May the Assistant Treasurer, Senator Nick Sherry, the Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, and the Attorney General, Robert McClelland, announced the commencement of a national consultation on the tax treatment of native title, including the interaction of native title, Indigenous economic development and the tax system. The Assistant Treasurer recognised the need for “greater clarity and increased certainty for native title holders on how the tax system and native title interact.” At the same time, they released a paper entitled Native Title, Indigenous Economic Development and Tax to guide the national consultation. The proposed measures considered in the paper, including exempting Native title payments and/or creating a new tax exempt Indigenous Community Fund, provide a welcome step towards reform in this area. This article is part of a broader research project that explores the CGT implications of aboriginal/native title. While these provisions impact on both Indigenous traditional owners and relevant payers, such as mining companies, the focus in the project is particularly on the CGT implications for the traditional owners. This first part of the project examines the status of aboriginal/native title and incidental/ ancillary rights as CGT assets. The broader research project will then build on this analysis in the context of relevant CGT events. As the preliminary findings in this article evidence the CGT implications of aboriginal/native title are far from certain. The application of CGT to aboriginal/native title raises more issues than it answers. The key reason is that the current law is entirely unsuitable to communally held inalienable aboriginal/native title. Nevertheless, it will be seen that it is arguable that aboriginal/native title and/or incidental rights are post-CGT assets and acts in relation to such could trigger a CGT event with tax implications for the traditional owners. It will be suggested that these current tax provisions provide a very pertinent example where the law operates as a blunt tool that does not appropriately promote justice and reconciliation. To tax Indigenous communities as a result of acts that extinguish or impair their traditional ownership is incongruous. A specific provision(s) should be included in the capital gains provisions to ensure any such payments are exempt from taxation. This is not only fair given the history of uncompensated extinguishment of aboriginal title Australia, but also promotes the ability of Indigenous communities to optimise the financial benefits stemming from aboriginal/native title agreements.

Contributing to health reform : urban Aboriginal women speak out

In this thesis, the researcher shares their own personal journey as an Aboriginal researcher walking the borderlands between academic and Indigenous worldviews.  Indigenous Methodologies and Talking Circles provided a culturally safe environment for urban Aboriginal women to collectively develop and share their strategies to enable health care providers, educators, and policy makers to provide respectful non-racist, non-disciminatory health care.

Aboriginal people and local government. A Shepparton story

Sequential governments have created policies to deal with the "Aboriginal problem". None of these have been particularly successful. I contend that the absence of effective dialogue has been the cause of most failures. I also argue that future policies will also fail unless a dialogic approach of deep listening, respect and love is adopted.

Eliza Hamilton Dunlop's 'the aboriginal mother': romanticism, anti slavery and imperial feminism in the nineteenth century

This paper positions the work of colonial poet Eliza Hamilton Dunlop amongst international Romantic poetry of the period, and argues that Dunlop’s poetry reflects a transposition of Romantic women’s poetry to Australia. Dunlop’s poetry, such as ‘The Aboriginal Mother’, demonstrates the relationship of Romantic women’s poetry to early feminism and Social Reform. As with the work of Felicia Hemans, Dunlop was interested in the role of women, and the ‘domestic’ as they related to broader national and political concerns. Dunlop seems to have been consciously applying the tropes, such as that of the mother, of anti slavery poetry found within American, British, and international poetic traditions to the Australian aboriginal context. Themes of indigenous motherhood, and also of Sati or widow burning in India, and human rights had been favored by early women’s rights campaigners in Britain from the 1820s, focusing on abolition of slavery through the identification of white women with the Negro mother. Dunlop’s comparative sympathy for the situation of aboriginals in Australia has been given critical attention as the aspect which makes her work valuable. However, in this essay I hope to outline how Dunlop’s poetry fits in to the international context of the engagement of Romantic women poets with Western Imperialist models and colonial Others.

Economic and social opportunity: the changing lives of Aboriginal Victorians

 This study examined Aboriginal advantage in Victoria, demonstrating that relatively rapid change is occurring on a number of socio-economic indicators. This research, including interviews with Aboriginal participants, highlighted the interdependence of Aboriginal agency and responsive societal structures as significant enablers of Indigenous progress and advancement.

The Tusayan ritual : a study of the influence of environment on aboriginal cults /

"From the Smithsonian report for 1895."