Gray, Ian --- "Book Review - Victims of the Law: Black Queenslanders Today" [1983] AboriginalLawB 13; (1983) 1(7) Aboriginal Law Bulletin 16

• Book Review-Victims Of Law: Black Queenslanders Today

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Book Review -


Victims of Law:
Black Queenslanders Today

by Garth Nettheim

George, Allen and Unwin and

International Commission of Jurists (Australian Section)

1981 ($9.95).

reviewed by Ian Gray

‘They can protest until they're black in the face but they won't get land righs’: Queensland Premier Bjelke-Petersen on land rights demonstrations during the recent Brisbane Commonwealth Games protests. In a different vein, columnist Mungo MacCallum observed, 'It might just occur to Queenslanders that ... in the matter of Aborigines the rest of the world might be right and Queensland might be wrong' (The Age, 9.10.82). A Newsweek headline accurately summarized the situation: 'Aborigines v Queensland' (11.10.82). The Queensland Cabinet considered that the Commonwealth Games protests would have no impact on world opinion; that particular brand of myopia should surprise no-one.

Garth Nettheim's book analyses the legal status of black Queenslanders from an international law perspective. The protests during the recent Games take on new meaning because of the book's analysis. Nettheim sets out arguments supporting the proposition that because of Queensland law, Australia cannot claim to have eliminated racial discrimination from its laws. The book's approach is thoroughly legal; it was written as a report for the Australian Section of the International Commission of Jurists and is a sequel to Nettheim's 1973 report.

The book provides a detailed study of the laws affecting Queensland Aborigines and Islanders who live on reserves - principally the 1971 Acts (the Aborigines Act 1971-75 and the Torres Strait Islanders Act 1971-75) - and an analysis of how these laws bring Australia into conflict with a number of international Conventions and Covenants to which Australia is a party. Relevant Commonwealth legislation, including the Racial Discrimination Act 1975, is examined.

The book is carefully argued and comprehensively documented. The policy underlying Queensland's legislation affecting Aborigines and Islanders is considered, as well as the administration of that policy. Nettheim's thesis is clear: Queensland has built a solid legislative wall against Aboriginal self-determination generally, and land rights in particular. In the maintenance of its assimilationist policy and legislation, Queensland is out of step with other Australian States. Together with the Commonwealth Government, Queensland must take responsibility for continuing breaches of obligations under international human rights conventions.

Ultimately of course it is the Commonwealth'ss responsibility to see that Australia meets its international obligations. Nettheim develops this theme as part of a critique of the role of the Federal Government. The Fraser administration is vulnerable to attack for its failure to demonstrate some spine in its relationship with Queensland over land rights and related issues. Given the history and scale of racist repression in Queensland, Nettheim's critique seems unnecessarily restrained on this point.

Until Queensland is subjected to effective Federal Government pressure, there is little reason for optimism. Commenting on the Queensland Government's 1981 stated intention to repeal the 1971 Acts, Nettheim notes that 'suspicions abound'. Developments since have confirmed the worst suspicions of black Queenslanders. The 'Deeds of Grant in Trust' proposals give no security of tenure and make a mockery of land rights. Nor has there been any decisive. action by the Federal Government and as a result, no Improvement in Australia's international standing. On the big issues, the status quo continues.

Nettheim's concluding words, 'and the world will be watching' have an ominous ring; so far, however, being exposed to the world's gaze has made little difference to the fate of Queensland blacks. Notwithstanding, this book addresses fundamental questions of human rights, not in the context of a Third World case study, but from the perspective of black Queenslanders confined to reserves. The book makes disturbing reading. It helps explain the protests during the Commonwealth Games. One hopes it will do much more: help restore rights to black Queenslanders that white Australians take for granted.