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This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Since the 1967 constitutional referendum, Australian governments have moved towards policies of indigenous self-determination. Obliged to be Difficult, first published in 2000, presents the central issue of self-determination as seen by Dr H.C. Coombs, the most important policy maker since the referendum: through what political mechanisms will indigenous Australians find their own voice? Coombs was singularly influential within government in the years 1967 to 1976, and he remained a tireless critic and policy advocate from 1977 to 1996. Rowse's narrative of his work, drawing on many unpublished sources, illuminates the interplay of government policy with indigenous practice. This book is both an account of government policies and a biographical slice of an outstanding Australian. In attempting a critical celebration of Coombs' vision and methods, it invites informed reflection on the issues of land rights, sovereignty and reconciliation in these conservative, and highly anxious, times.
“The patterns and designs were laid down on the country and in the minds of Yolŋu by the ancestral beings at the time of creation. They have been passed on through the generations from our great grandparents, to our grandparents, to our parents, to us. They are the reality of this country. They tell us all who we are.” — Djambawa Marawili AM Djalkiri are “footprints" – ancestral imprints on the landscape that provide the Yolŋu people of eastern Arnhem Land with their philosophical foundations. This book describes how Yolŋu artists and communities keep these foundations strong, and how they have worked with museums to develop a collaborative, community-led approach to the collection and display of their artwork. It includes contributions from Yolŋu elders and artists as well as Indigenous and non-Indigenous historians and curators. Together they explore how the relationship between communities and museums has changed over time. From the early 20th century, anthropologists and other collectors acquired artworks and objects and took photographs in Arnhem Land that became part of collections at the University of Sydney. Later generations of Yolŋu have sought out these materials and, with museum curators, proposed a new type of relationship, based on a deeper respect for Yolŋu intellectual frameworks and a commitment to their central role in curation. This book tells some of their stories. Featuring over 300 colour images, Djalkiri is published in conjunction with a largescale exhibition of Yolŋu art and culture at the University of Sydney’s new Chau Chak Wing Museum, opening in November 2020. Spanning almost 100 years of our shared history, these collections can expand our understanding of the past and help us to shape the future.
Pacifying Missions interrogates the variegated and contested ways that missionaries imagined, articulated, and enacted peace, considering its complex entanglements with violence in the British Empire. The volume brings together world leading historical scholarship on issues of increasing contemporary valence.
The Yolngu Indigenous people in the Northeast Arnhem Land of Australia respond to neo-colonial challenges by continuing to affirm their political autonomy and transmit ‘Yolngu Law’, which are ways of knowing and being with the younger generation. They deal with non-indigenous institutions, through participation of bodies, language, things, images of movement and notions of mutual care, feelings and accountability. This book explores the Yolngu relational ontology and epistemology in the context of everyday practices, ritual ceremonies, bicultural education, vernacular Christianity and the production of popular music.
"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
Over the past 25 years, activists, farmers and scholars have been arguing that the industrialized global food system erodes democracy, perpetuates injustices, undermines population health and is environmentally unsustainable. In an attempt to resist these effects, activists have proposed alternative food networks that draw on ideas and practices from pre-industrial agrarian smallholder farming, as well as contemporary peasant movements. This book uses current debates over Michel Foucault’s method of genealogy as a practice of critique and historical problematization of the present to reveal the historical constitution of contemporary alternative food discourses. While alternative food activists appeal to food sovereignty and agrarian discourses to counter the influence of neoliberal agricultural policies, these discourses remain entangled with colonial logics. In particular, the influence of Enlightenment ideas of improvement, colonial practices of agriculture as a means to establish ownership, and anthropocentric relations to the land. In combination with the genealogical analysis, this book brings continental political philosophy into conversation with Indigenous theories of sovereignty and alternative food discourse in order to open new spaces for thinking about food and politics in contemporary Australia.
The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
This book analyses efforts to advance the rights of Indigenous People within peace-building frameworks: Section I critically explores key issues concerning Indigenous Peoples’ Rights (struggles for land, human, cultural, civil, legal and constitutional rights) in connection with key approaches in peace-building (such as nonviolence, non-violent strategic action, peace education, sustainability, gender equality, cultures of peace, and environmental protection). Section II examines indigenous leaders and movements using peace and non-violent strategies, while Section III presents case studies on the successes and failures of peace perspectives regarding contributions to/ developments in/ advancement of/ barriers to the rights of Indigenous Peoples. Lastly, Section IV investigates what advances have been achieved in Universal Indigenous Peoples’ Rights in the 21st century within the context of sustainable peace.
Mission traces a life of politics, ideas and inspiring words. Whether he is recalling his boyhood in Hope Vale, Queensland, making the case for Indigenous recognition, or evoking a reconciled, multicultural Australia, Noel Pearson confirms he is one of Australia’s most powerful and influential thinkers – and an extraordinary writer. Mission selects the best of Pearson’s work to date. There are indelible portraits of political leaders seen close up – Keating, Rudd, Whitlam, Turnbull and more. There is Pearson’s brilliant exploration of a Voice to Parliament, which led eventually to the Uluru Statement from the Heart. And there are acute analyses – of passive welfare; of the fate of the Labor Party; of identity politics, good and bad; and of education and the role of a great teacher. The volume also contains a remarkable new extended title essay, in which Pearson reflects on his life and work so far. Mission is honest, provocative and utterly original. Noel Pearson is a lawyer, activist and founder of the Cape York Institute. He is author of Up From the Mission, Our Right to Take Responsibility, Mission, two Quarterly Essays and many essays, articles and speeches.