Indigenous Law Bulletin
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compiled by Kathryn Wilson
In an attempt to thwart Indigenous art fraud, scientists have begun compiling an ochre database which would determine whether the ochre used in an artwork matches that used by the artist at the time. Professor John Watling began work on the database six months ago after Herman Van Ravestein of the West Australia Police approached him for assistance in the investigation of art fraud. Mr Van Ravestein said that issues concerning Indigenous knowledge and cultural property have made compiling the database difficult as many communities are reluctant to allow ochre samples to be taken.
Former ATSIC chairwoman Lowitja O’Donoghue has called on aid organisation World Vision to play a role in combating ‘third-world’ conditions in the Anangu Pitjantjatjara Lands in South Australia (‘SA’). ‘They do this work every where else in the world but here’ she said. Dr O’Donoghue’s call came just days before the land’s former council chairman was ousted. The council was declared invalid by the Government earlier this year following a report from former senator Bob Collins that the council was ‘dysfunctional’, and the deaths of four youths in a month from petrol-sniffing.
A long-running native title claim in the New South Wales (‘NSW’) Southern Tablelands has been dropped due to lack of funds. Claimant, Mr Don Bell, had made the claim on behalf of the Ngunnawal people. The claim covered an area from Goulburn, Yass and Cootamundra down to Bredbo, excluding the Australian Capital Territory.
The National Native Title Tribunal (‘NNTT’) has reported that native title issues are increasingly being resolved without resorting to litigation following a 24 per cent increase in Indigenous Land Use Agreements in 2003/2004. A record 46 agreements were registered, 30 of which were registered in Queensland (‘Qld’) and 13 in the Northern Territory (‘NT’). NNTT President Graham Neate said the agreements allowed native title issues to be sorted out with some certainty years before claims were finalised.
New laws have been introduced into the NT Parliament which allow the testing by all parties of evidence of customary law in sentencing submissions. The NT Attorney-General stated that research with Indigenous women had revealed that some evidence of customary laws did not represent the views of all people within Aboriginal communities and was often biased toward the offender.
Two consent determinations have recognised the Wik and Wik Way peoples’ native title rights and interests over the majority of the area claimed. A range of agreements have been negotiated between claimants and pastoralists since the Wik decision in 1996. The consent determinations were the first to be made over pastoral leases in Qld and the first in the State since 2001.
Sydney Peace Prize winner and controversial Indian author Arundhati Roy has said she will donate her $50,000 prize money to Aboriginal political activists. She told The Bulletin magazine that she wanted the money to go to furthering the work of activists.
SA Premier Mike Rann has announced that the SA Department of Premier and Cabinet will take over the responsibility of the Department for Aboriginal Affairs and Reconciliation. The change is part of structural reforms to the coordination of Aboriginal services and policy. Minister Terry Roberts will remain responsible for the Aboriginal Affairs portfolio.
Home-brew kits have been banned in designated dry Aboriginal communities in Qld and offenders face new fines of up to $18,750. New legislation will prohibit the kits only if a community decides that a ban is necessary. The laws will apply to public servants as well as locals, sparking criticism from unions.
The Aboriginal Local Government Association of Qld (‘ALGAQ’) was formed this month to give Indigenous people in remote regions a new voice, said the group’s president Vince Mundraby. ALGAQ has replaced the Aboriginal Coordinating Council and will deal with issues such as alcohol management plans, stolen wages and Indigenous governance.
An NT policeman has been charged with murder after the fatal shooting of an 18-year-old man at the remote Aboriginal community of Wadeye two years ago. Sergeant Robert Gregory Whittington was also charged with 3 counts of committing a dangerous act and one of causing injury to another man, Tobias Worumbu. The court has been told that the two men were shot during a ‘payback’ fight between rival families on the community oval, at which several police officers were present. The community erupted after the man died with houses being trashed and cars torched. Sergeant Whittington has not yet entered a plea.
NSW Premier Bob Carr has announced a new authority for Redfern, to be overseen by Utilities Minister Frank Sartor. The Redfern-Waterloo Authority will be charged with revitalising Redfern and coordinating social services in the area. It will also be responsible for the Block, the site of the February riot. Mr Carr said the Government would work with the Aboriginal Housing Company, the owner of the site, to do ‘something new with it, maybe focusing on individual home ownership.’ Mr Carr denied the changes were aimed at ousting the Aboriginal population.
A new testing method which uncovered gifted Aboriginal students has received world attention. The Coolibah Dynamic Assessment method, developed by Dr Graham Chaffey, uncovered 28 talented Aboriginal students, half of whom were underachieving at school. They have since tested within the top 15 per cent of their peers. The students attended learning camps as part of a trial program and their progress will be tracked over the next 2 years of the program. The NSW Department of Education will trial the new method in public schools next year.
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URL: http://www.austlii.edu.au/au/journals/IndigLawB/2004/68.html