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Contesting Native Title

Author: David Ritter

Publisher: Routledge

Published: 2020-08-26

Total Pages: 197

ISBN-13: 1000256669

'This book debunks in spectacular fashion some of the most treasured, over-inflated claims of the benefits of native title.' Professor Mick Dodson, ANU Centre for Indigenous Studies 'David Ritter's fascinating account of the evolution of the native title system is elegant and incisive, scholarly and sceptical; above all, unfailingly intelligent.' Professor Robert Manne, La Trobe University 'An unsentimental, richly informed account of a fascinating period in the history of Australia's relationships with its indigenous people.' From the Foreword by Chief Justice Robert French After the historic Mabo judgement in 1992, Aboriginal communities had high hopes of obtaining land rights around Australia. What followed is a dramatic story of hard-fought contests over land, resources, money and power, yielding many frustrations and mixed outcomes. Based on extensive research, enriched by intimate experience as a lawyer and negotiator, David Ritter offers both an insider's perspective and a cool-headed and broad-ranging account of the native title system. In lucid prose Ritter examines the contributions of the players that contested and adjudicated native title: Aboriginal leaders and their communities, multinational resource companies, pastoralists, courts and tribunals, politicians and bureaucrats. His account lays bare the conflicts, compromises and conceits beneath the surface of the native title process.

Contested Governance

Author: Janet Hunt

Publisher: ANU E Press

Published: 2008-10-01

Total Pages: 376

ISBN-13: 1921536055

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It is gradually being recognised by both Indigenous and non-Indigenous Australians that getting contemporary Indigenous governance right is fundamental to improving Indigenous well-being and generating sustained socioeconomic development. This collection of papers examines the dilemmas and challenges involved in the Indigenous struggle for the development and recognition of systems of governance that they recognise as both legitimate and effective. The authors highlight the nature of the contestation and negotiation between Australian governments, their agents, and Indigenous groups over the appropriateness of different governance processes, values and practices, and over the application of related policy, institutional and funding frameworks within Indigenous affairs. The long-term, comparative study reported in this monograph has been national in coverage, and community and regional in focus. It has pulled together a multidisciplinary team to work with partner communities and organisations to investigate Indigenous governance arrangements-the processes, structures, scales, institutions, leadership, powers, capacities, and cultural foundations-across rural, remote and urban settings. This ethnographic case study research demonstrates that Indigenous and non-Indigenous governance systems are intercultural in respect to issues of power, authority, institutions and relationships. It documents the intended and unintended consequences-beneficial and negative-arising for both Indigenous and non-Indigenous Australians from the realities of contested governance. The findings suggest that the facilitation of effective, legitimate governance should be a policy, funding and institutional imperative for all Australian governments. This research was conducted under an Australian Research Council Linkage Project, with Reconciliation Australia as Industry Partner.

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 280

ISBN-13: 0774859296

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Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

The Palgrave Handbook of Intersectionality in Public Policy

Author: Olena Hankivsky

Publisher: Springer

Published: 2019-02-01

Total Pages: 755

ISBN-13: 331998473X

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Grounded in black feminist scholarship and activism and formally coined in 1989 by black legal scholar Kimberlé Williams Crenshaw, intersectionality has garnered significant attention in the field of public policy and other disciplines/fields of study. The potential of intersectionality, however, has not been fully realized in policy, largely due to the challenges of operationalization. Recently some scholars and activists began to advance conceptual clarity and guidance for intersectionality policy applications; yet a pressing need remains for knowledge development and exchange in relation to empirical work that demonstrates how intersectionality improves public policy. This handbook fills this void by highlighting the key challenges, possibilities and critiques of intersectionality-informed approaches in public policy. It brings together international scholars across a variety of policy sectors and disciplines to consider the state of intersectionality in policy research and analysis. Importantly, it offers a global perspective on the added value and “how-to” of intersectionality-informed policy approaches that aim to advance equity and social justice.

Indigenous Peoples, Title to Territory, Rights and Resources

Author: Cathal M. Doyle

Publisher: Routledge

Published: 2014-11-20

Total Pages: 417

ISBN-13: 1317703170

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The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

The Aboriginal Tent Embassy

Author: Gary Foley

Publisher: Routledge

Published: 2013-07-24

Total Pages: 367

ISBN-13: 1135037876

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The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)

Contesting Art

Author: Jeremy MacClancy

Publisher: Routledge

Published: 2020-08-27

Total Pages: 210

ISBN-13: 1000323854

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Art is a major political weapon of our times. Today, peoples around the world use art to boost their own identity and to attack the ways others represent them. At a time of increasing intercultural exchange, art has become a primary means through which groups reinforce their challenged sense of culture.This pioneering book breaks with the tradition of the anthropology of art as the depoliticized study of aesthetics in exotic settings. Transcending artificial distinctions between the West and the Rest, it examines the increasingly significant relations among art, identity and politics in the modern world.Among the themes investigated by the contributors: - how African painters undermine racist stereotypes yet remain dominated by the Western art market - the role of anthropology museums in the perpetuation of the Western market in 'tribal art' - the internal and external political disputes underlying the 'repatriation' of cultural property.

The Proposed Nordic Saami Convention

Author: Nigel Bankes

Publisher: Bloomsbury Publishing

Published: 2013-01-31

Total Pages: 436

ISBN-13: 1782250719

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In 2005 an expert group representing the governments of Norway, Sweden and Finland, and the Saami parliaments of these countries agreed upon a draft text of a Nordic Saami Convention. Key parts of the text deal with the recognition of Saami land and resource rights. More recently the three governments have embarked on negotiations to move from this draft text to a final convention that may be adopted and ratified by all three countries. Negotiations commenced in the Spring of 2011 and should be completed within five years. This collection of essays explores the national and international dimensions of indigenous property rights and the draft Convention which recognises the Saami as one people divided by international boundaries. Part one of the book seeks to provide a global and theoretical context for these developments in the Nordic countries, with a series of essays dealing with the moral and legal reasons for recognising indigenous property interests and different conceptualisations of the relationship between indigenous peoples and settler societies, including recognition, reconciliation and pluralism. Part two of the book examines some international legal issues associated with the Convention, including the background to the Convention. Part three turns to examine aspects of the recognition of Saami property interests in each of the three Nordic states, while Part four provides some comparative experiences, examining the recognition of indigenous property rights in a number of jurisdictions, including Canada, Australia and a number of South American states. An additional essay considers gender issues in relation to indigenous property rights.