Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775833
Funder
Australian Research Council
Funding Amount
$40,000.00
Summary
Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communit ....Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communities knowledge in this area of law and policy, in planning safer Aboriginal communities for Aboriginal women and children in the future. Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include inte ....Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include international comparative research on treaty and agreement making. Outcomes would include a database on treaties and agreements in Australia and overseas and publication of collected papers and would contribute to the efforts by Indigenous organisations to secure political and economic rights through agreements with governments, industry and the community.Read moreRead less
HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Investigation of factors that render Indigenous communities in NSW less prone to crime. Aboriginal and Torres Strait Islander people are over-represented at all stages of the criminal justice system, with significant negative ramifications for the health and well-being of Indigenous families and communities. This study seeks to better understand the dynamics of communities experiencing higher and lower crime rates, and factors that might assist in not only lowering crime rates in Indigenous com ....Investigation of factors that render Indigenous communities in NSW less prone to crime. Aboriginal and Torres Strait Islander people are over-represented at all stages of the criminal justice system, with significant negative ramifications for the health and well-being of Indigenous families and communities. This study seeks to better understand the dynamics of communities experiencing higher and lower crime rates, and factors that might assist in not only lowering crime rates in Indigenous communities, but in improving health and well-being more generally. Enabling Indigenous individuals, families and communities to be able to participate and make choices that lead to healthy, productive and fulfilling lives will undoubtedly also contribute to Australian society as a whole.Read moreRead less
The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agr ....The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agreements and the factors promoting long-term sustainability. This will involve examination of legal, governance, economic development, land/heritage, and environmental management issues that arise in agreement implementation and investigation of the features of agreements that enhance social, cultural and economic outcomes for Indigenous communities.Read moreRead less
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is littl ....Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is little comprehensive research regarding the legal and policy issues associated with regional governance for Indigenous people in Australia. This research project will redress the paucity of in-depth legal analysis in this area, and develop achievable and practical models of regional governance for Indigenous communities, to enhance their cultural, economic and social well-being.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775835
Funder
Australian Research Council
Funding Amount
$10,000.00
Summary
A study to determine the relevance to Australian Indigenous lands of allotment in the United States of America. The research will address the national research priority of promoting and maintaining good health. In particular, it will address the goal of strengthening Australia's social and economic fabric by assisting Indigenous communities to make informed decisions about the future use of their lands.
The applicability of research and practice on nation rebuilding in North American Indigenous communities to Australian Indigenous communities. Indigenous people are the most disadvantaged group in Australia with significant disparity in almost all indicators of Indigenous disadvantage. Such disparity, which is widening in relation to some indicators, is a matter of national concern. Australian and North American research is remarkably consistent in identifying the connection between the governan ....The applicability of research and practice on nation rebuilding in North American Indigenous communities to Australian Indigenous communities. Indigenous people are the most disadvantaged group in Australia with significant disparity in almost all indicators of Indigenous disadvantage. Such disparity, which is widening in relation to some indicators, is a matter of national concern. Australian and North American research is remarkably consistent in identifying the connection between the governance capacity of Indigenous communities and sustained economic development and social outcomes. This project will build on existing research to provide insight into processes, practical governance tools and best practice models to develop culturally legitimate frameworks for Indigenous communities for achievement of their economic, social and cultural aspirations.Read moreRead less