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Aboriginal Law Bulletin |
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Edited by Michael C. Howard
University of Queensland Press, St. Lucia
1982 ($12.95)
Reviewed by Isobel White
The editor explains in the introduction that this collection examines `the evolution of power in relation to Australia's aboriginal population from the pre-contact period to the present'. The main focus, however, is on a continuing and developing struggle for power by Aborigines against dominant Europeans, with only minor attention to the use of power in the pre-contact situation.. The traditional power situation in Aboriginal society has been discussed already in many books and articles, including some by contributors to this book.
The collection as a whole achieves a high standard; there are three categories of contributions, the last being particularly useful to likely readers of this review. First, there are articles written by anthropologists mainly for other anthropologists, such as those by Erich Kolig and David Turner; these are important examples of anthropological theory applied to the Aboriginal situation. Secondly, there are articles concerned with relations between Aborigines and governmental or other dominant organisations; these contributions would be of most help to those involved in such organisations. Examples of these are by Fred Myers, Jeremy Beckett and Michael Howard.
Finally, there is a category which makes important and useful reading for lawyers and others concerned with legal problems of Aborigines, whether their clients are confronting government over laws and regulations or are involved in civil or criminal court cases. Kenneth Maddock offers good explanations of the complicated nature of traditional land rights, the implications of the Aboriginal Land Rights (Northern Territory) Act 1976 and the situation of Land Councils. He discusses various classes of traditional rights, those of `owners', `managers', immigrants and their children and grandchildren, all of which have relevance under the Act.
Robert Tonkinson traces the history of white paternalism in the administration of Jigalong settlement (on the edge of the Western Desert), paternalism which persisted even after the missionaries left; indeed, the inhabitants came to expect to be cared for and had difficulties in fending for themselves once more. He discusses in particular the problems posed for the community by the children's behaviour, which often contravenes European law, though the men with power to punish and control are more concerned that Aboriginal law should be obeyed.
James Pierson describes the recent development of South Australian laws affecting Aborigines, with South Australia leading the country in its anti-discrimination law and the first legal recognition of land rights, both in 1966. In this State the Aborigines also have been innovatory in setting up their own self-help organisations, `effective ... in attracting public and political attention to issues concerning Aborigines throughout the State' (p. 201). In the final contribution, Delmos J. Jones and Jacquetta Hill-Burnett examine the growth of Aboriginal identity nationwide, with increasing demand for representation on policy-making bodies. Aborigines have taken steps in defiance of law and police, such as the Aboriginal Embassy in Canberra and other demonstrations, to draw attention to their powerlessness, thus achieving a certain measure of power. The success of such activities suggests to the reader that small minorities suffering poverty and discrimination may need to defy the law in order to improve their status under the law.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1982/72.html