A criticism of some research involving Aboriginal people is that it is not equitable in its design or application, further disadvantaging the poor and marginalized. In Australia, much research has been done on Aboriginal people, but Aboriginal people themselves have benefited little, adding to distrust between Aboriginal and non-Aboriginal people over many years. Is it possible to take “scientific” research practices and transform them into research that can be done with a (...) community rather than on a community? How can research findings benefit Aboriginal people? This chapter shares our study of Aboriginal people’s stories of diabetes care. It is a collaborative story told by four Aboriginal Health Workers and two non-Aboriginal researchers which focuses on methodology rather than findings. We share aspects of our research which we propose values Aboriginal people and invites participation and reciprocity at design, data collection, and research translation stages. We discuss tensions which occur between the “scientific way” and the “culturally appropriate way” and describe how we resolved this. Imposing research designs and practices on Aboriginal people and communities without consideration that each community is unique has the potential to cause further harm and disempowerment. Valuing an Aboriginal way of knowing influenced all aspects of our study design and procedures. We would like to inspire others to challenge methodological norms to develop research methods with their community to allow the unique voice of their community to be heard and for this to facilitate pragmatic change leading to meaningful improvements in health. (shrink)

This volumes argues that it is essential for political theorists to think carefully about the political circumstances of indigenous groups facing persistent injustice, and about the political methods that these groups may adopt in seeking to improve their condition, particularly focusing on indigenous communitities in the US and Canada.

A selection of essays on modernity and secularization by one of the most distinguished Italian thinkers of the mid-twentieth century.

Avigail Eisenberg is an Associate Professor in the Department of Political Science, University of Victoria. She was also a fellow of CRÉUM during the 2004-2005 academic year. She has written important texts on the issues of identity, race, gender, minority rights, and in particular, Aboriginal claims. Her writing displays intelligent and acute commentaries in which she demonstrates an ability to tackle difficult questions in a refreshing way. Martin Blanchard of CRÉUM asked Professor Eisenberg if she would be willing to (...) be interviewed via email on the subject of an article she had just finished writing, entitled “Reasoning about the Identity of Aboriginal People”. She kindly accepted to answer his questions. (shrink)

Aboriginal and Torres Strait Islander activists and researchers agree that print media discourses surrounding First Nations people in Australia remain negative and stereotypical. However, how these discourses are constructed in language – and therefore linguistic practices which should be avoided – has so far received minimal attention. Analysing a purpose-built corpus of Australian newspaper articles, this study uses the corpus linguistic technique of collocation analysis to identify relevant discourses and examines the linguistic construction of one discourse that had (...) not yet been identified: cooperation. It finds that although notions of cooperation are ostensibly positive, this is often undermined by syntagmatic processes which demote agential Aboriginal participants to prepositional phrases. Prepositions are often neglected in corpus linguistics and in critical discourse analysis, making this an important finding. (shrink)

The treatment of Australia's Aboriginal people by the nuclear industry is a poorly researched topic. That is not merely a gap in the academic research on related topics, but it has “real world” consequences. Put simply, the paucity of information about the mistreatment of Aboriginal people makes it easier for nuclear interests to repeat past practices; and conversely, proper documentation and publication of past practices detrimental to Aboriginal people can make it more difficult for (...) nuclear interests to repeat those practices. Over the past decade Friends of the Earth Australia has sought to partially remedy the information deficit in the context of its work with Aboriginal communities involved in debates regarding uranium mining and proposed radioactive waste repositories. One thread of that work is the growing body of multimedia work by FoE member Jessie Boylan covering the legacy of the atomic bomb tests, uranium mining and waste repository proposals. Another thread of the project is detailed written documentation of past and present incidents of mistreatment of Aboriginal people by nuclear interests. This article builds on that research and focuses on attempts to impose radioactive waste repositories on the land of unwilling Aboriginal communities in South Australia. (shrink)

Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

Genomics is increasingly becoming an integral component of health research and clinical care. The perceived difficulties associated with genetic research involving Aboriginal and Torres Strait Islander people mean that they have largely been excluded as research participants. This limits the applicability of research findings for Aboriginal and Torres Strait Islander patients. Emergent use of genomic technologies and personalised medicine therefore risk contributing to an increase in existing health disparities unless urgent action is taken. To allow the potential (...) benefits of genomics to be more equitably distributed, and minimise potential harms, we recommend five actions: ensure diversity of participants by implementing appropriate protocols at the study design stage; target diseases that disproportionately affect disadvantaged groups; prioritise capacity building to promote Indigenous leadership across research professions; develop resources for consenting patients or participants from different cultural and linguistic backgrounds; and integrate awareness of issues relating to Indigenous people into the governance structures, formal reviews, data collection protocols and analytical pipelines of health services and research projects. (shrink)

Are there any Aboriginal rights? If there are, then what kind of rights are they? Are they human rights adapted and shaped to the circumstances of indigenous peoples? Or are they specific cultural rights, exclusive to members of Aboriginal societies? In recent liberal political theory, aboriginal rights are often conceived of as cultural rights and thus as group rights. As a result, they are vulnerable to at least three kinds of objections: i) that culture is not a (...) primary good relevant to the currency of egalitarian justice; ii) that group rights are inimical to the moral individualism of liberal democratic societies; and iii) that pandering to group interests provides incentives for abuse and undermines the conditions required for promoting liberal egalitarian outcomes. My argument is that a successful defense of aboriginal rights will tie them to the promotion of the equal freedom of Aboriginal people, both in the formal and substantive senses, and thus to improvements in their actual wellbeing, both as ‘peoples’ and individuals. But rights and norms interact in complex ways, and the translation of particular individual and social goods into the language of rights is always fraught with difficulty. (shrink)

Jones, Kate Aboriginal people who live with the effects of extreme poverty face high barriers to a quality of life that other Australians enjoy. Aboriginal people have poor health that is directly linked to unmet housing needs, absent or structurally impaired kitchen, bathroom and laundry facilities, malnutrition, unemployment, and poor education retention.

Prior to European influence, predation by Native Americans was the major factor limiting the numbers and distribution of ungulates in the Intermountain West. This hypothesis is based on analyses of (1) the efficiency of Native American predation, including cooperative hunting, use of dogs, food storage, use of nonungulate foods, and hunting methods; (2) optimal-foraging studies; (3) tribal territory boundary zones as prey reservoirs; (4) species ratios, and sex and age of aboriginal ungulate kills; (5) impact of European diseases on (...) aboriginal populations; and (6) synergism between aboriginal and carnivore predation. Native Americans had no effective conservation practices, and the manner in which they harvested ungulates was the exact opposite of any predicted conservation strategy. Native Americans acted in ways that maximized their individual fitness regardless of the impact on the environment. For humans, conservation is seldom an evolutionarily stable strategy. By limiting ungulate numbers and purposefully modifying the vegetation with fire, Native Americans structured entire plant and animal communities. Because ecosystems with native peoples are entirely different than those lacking aboriginal populations, a “hands-off” or “natural regulation” approach by today’s land managers will not duplicate the ecological conditions under which those ecosystems developed. The modern concept of wilderness as areas without human influence is a myth. North America was not a “wilderness” waiting to be discovered, instead it was home to tens of millions of aboriginal peoples before European-introduced diseases decimated their numbers. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an (...) international law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

The belief held by Aboriginal people that their art is ultimately related to their identity, and to the continued existence of their culture, has made the protection of indigenous peoples' art a pressing matter in many postcolonial countries. The issue has prompted calls for stronger copyright legislation to protect Aboriginal art. Although this claim is not particular to Australian Aboriginal people, the Australian experience clearly illustrates this debate. In this work, Elizabeth Burns Coleman analyses art (...) from an Australian Aboriginal community to interpret Aboriginal claims about the relationship between their art, identity and culture, and how the art should be protected in law. Through her study of Yolngu art, Coleman finds Aboriginal claims to be substantially true. This is an issue equally relevant to North American debates about the appropriation of indigenous art, and the book additionally engages with this literature. (shrink)

Jeremy Waldron argues that the historical ownership rights of Aboriginal peoples can be superseded, yet acknowledges that programs of historically grounded compensation are justifiable in the absence of widespread redistribution. This article argues that existing states lack social justice programs of the requisite kind, and that they will continue to do so in the foreseeable future. Moreover, even the best-designed programs will be far more ambiguous than Waldron encourages us to recognize, given the unavoidability of inheritance-based inequalities. The article (...) argues that philosophers should pay special attention to political context when evaluating the claims of socially vulnerable populations such as Aboriginal peoples. (shrink)

Dynamic Consent is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health (...) information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people.In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an (...) international law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

It is noteworthy that much of recent liberal scholarship aimed at empowering aboriginal peoples, and supporting their land rights, has often unwittingly embraced the conservative Lockean‐Nozickian tradition rather than the tradition of left‐leaning thinkers. Many of the supporters of aboriginal land rights tend to view property rights as contingently determined historical entitlements which are established independently of the state’s authority, thereby creating structures which morally bind the authority of the state. This, in fact, also represents the view of (...) the conservative supporters of untrammelled capitalism. Secondly, there is often little discussion of the bundle of rights which are derived from these acts of original acquisition. This may lead one to the assumption that these supporters of aboriginal land rights agree with the conservative view that all the recognised components of modern liberal ownership, from the right to use, to the right to income, are acquired in the initial events associated with historical entitlement. It is my argument in this paper that basing aboriginal land claims solely on customary historical entitlement results in too close an alignment with a conservative ideology which has been used to support unrestrained capitalism. (shrink)

The second edition of Aboriginal and Torres Strait Islander Education: An Introduction for the Teaching Profession prepares students for the unique environment they will face when teaching Aboriginal and Torres Strait Islander students at early childhood, primary and secondary levels. This book enables future teachers to understand Aboriginal and Torres Strait Islander education within a social, cultural and historical context and uses compelling stories and practical strategies to empower both student and teacher. Updated with the Australian Curriculum (...) in mind, this is a unique textbook written by highly regarded Aboriginal and Torres Strait Islander academics. Each chapter opens with a powerful anecdote from the author, connecting the classroom to real-world issues. This updated edition has also been expanded to include information on fostering the unique talents of Aboriginal and Torres Strait Islander children and young people and allows the reader to reflect on classroom practices throughout. (shrink)

Most research on aboriginal mind and mental health has sought to apply or confirm preexisting European-derived theories among aboriginal people. Culture has been underappreciate. An understanding of uniquely aboriginal models for mind and mental health might lead to more effective and robust interventions. To address this issue, a core group of elders from five separate regions of North America was developed to help determine how aboriginal people conceived of mind, self, and identity before European (...) contact. The process utilized for this study is iterative and involves discussions of teachings, traditional stories, and elder's comments on conclusions drawn. The elders endorsed a relational theory of mind in which mind exists between people as a product of the stories told and created within and by that relationship. Mind is distinguished from consciousness which is without language and exists within the individual as awareness. Language immediately results in an "out there" orientation in which two or more individuals generate stories about their experiences. The community is the basic unit of study for mind and mental health, and mental "illness" is not distinguished from physical "illness," but rather all are seen as a continuum of suffering and pain. What emerged from this research is that North American theories of mind are more closely related to Daoist and Shinto theories than to the logical positivism which drives most of North America's conventional psychology and psychiatry. Within European traditions, however, the philosophy of Mikhail Bakhtin with his emphasis on a dialogical self coupled with system theory comes closest to resembling North American aboriginal theories. This model explains why ceremony and ritual, community interventions, talking circles, and family therapy are more compatible with aboriginal thought than conventional North American biomedicine and psychology. (shrink)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision (...) in The Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

It is well recognised that medicine manifests social and cultural values and that the institution of healthcare cannot be structurally disengaged from the sociopolitical processes that create such values. As with many other indigenous peoples, Aboriginal Australians have a lower heath status than the rest of the community and frequently experience the effects of prejudice and racism in many aspects of their lives. In this paper the authors highlight values and ethical convictions that may be held by Aboriginal (...) peoples in order to explore how health practitioners can engage Aboriginal patients in a manner that is more appropriate. In doing so the authors consider how the ethics, values, and beliefs of the dominant white Australian culture have framed the treatment and delivery of services that Aboriginal people receive, and whether sufficient effort has been made to understand or acknowledge the different ethical predispositions that form the traditions and identity of Aboriginal Australia. (shrink)

McGovern, Kevin This article explores statements from the National Health and Medical Research Council (NHMRC) about health research involving Aboriginal and Torres Strait Islander peoples.

Aboriginal Australians have an intrinsic relationship to Country, kinship and community. The processes related to colonisation have decimated traditional lifestyles, ecology and even families. The challenge for energy engineers lies in the ability to reconcile the profession of engineering with the contemporary and traditional cultural and physical needs of Aboriginal people. A discussion around Aboriginal peoples’ most deeply held values will be linked to both global and professional ethical canons. This discussion has implications for Aboriginal (...) and Indigenous peoples globally. A fictitious case study—the ‘Warrigal Downs Energy Hub’—provides us with a hypothetical project to which we can link both examples and frameworks. Our team of Aboriginal and non-Aboriginal educators and engineers provides us with a right, wrong and even better way to work sensitively, meaningfully and reciprocally with Aboriginal people in Australia and, indeed, globally. (shrink)

While human genetic research promises to deliver a range of health benefits to the population, genetic research that takes place in Indigenous communities has proven controversial. Indigenous peoples have raised concerns, including a lack of benefit to their communities, a diversion of attention and resources from non-genetic causes of health disparities and racism in health care, a reinforcement of “victim-blaming” approaches to health inequalities, and possible misuse of blood and tissue samples. Drawing on the international literature, this article reviews the (...) ethical issues relevant to genetic research in Indigenous populations and considers how some of these have been negotiated in a genomic research project currently under way in a remote Aboriginal community. We consider how the different levels of Indigenous research governance operating in Australia impacted on the research project and discuss whether specific guidelines for the conduct of genetic research in Aboriginal and Torres Strait Islander communities are warranted. (shrink)

Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate multicultural (...) Australia!’ My uncomfortable feeling came not only from the fact that I was left out because of my Japanese nationality but also because I had never seen or heard words like ‘shame Japan’, ‘wake up Japan’ or ‘true Japanese are...’ at Japanese ‘left-wing’ political gatherings. In Japan, these are words used only by right-wing nationalists. Indeed it is difficult to even imagine liberal-left intellectuals in postwar Japan calling for a ‘true Japanese’ political response, such is the extent to which the idea of ‘good nationalism’ is now regarded as an oxymoron. This is my starting point for an essay in which I want to be attentive to the different roles played by national in the Japanese and Australian political environments. (shrink)

In their 1969 so-called White Paper on Indian Policy,Pierre Trudeau's government argued that it was time to abolish the group-specific rights differentiating Aboriginal people from other Canadians, including, in some Aboriginal societies, the group-specific right to restrict voting, residency, public office, and other social goods, to their Aboriginal members. Given the negative impact the loss of such so-called collective or group rights would have on the security of their cultures, Aboriginal people were incensed, and, (...) consequently, the federal liberals backed down. More recently, Gordon Campbell maintained as a 1996 election promise that, were his provincial liberal party to be elected in British Columbia, he would oppose group-specific rights for Aboriginal people in British Columbia. Both Trudeau and Campbell argued that it is wrong for Aboriginal people to have group-specific rights by appeal to the idea that such collective rights are discriminatory because they assign opportunities to individuals on the basis of culture or race. Political elites are not alone in thinking that collective rights override individual rights. In fact, it has become a national motif that Section 15 of the Canadian Charter, which makes it illegal to discriminate on the grounds that citizens are to be guaranteed equal protection of the law, is incompatible with group-specific rights for Aboriginal people. (shrink)

In their 1969 so-called White Paper on Indian Policy,Pierre Trudeau's government argued that it was time to abolish the group-specific rights differentiating Aboriginal people from other Canadians, including, in some Aboriginal societies, the group-specific right to restrict voting, residency, public office, and other social goods, to their Aboriginal members. Given the negative impact the loss of such so-called collective or group rights would have on the security of their cultures, Aboriginal people were incensed, and, (...) consequently, the federal liberals backed down. More recently, Gordon Campbell maintained as a 1996 election promise that, were his provincial liberal party to be elected in British Columbia, he would oppose group-specific rights for Aboriginal people in British Columbia. Both Trudeau and Campbell argued that it is wrong for Aboriginal people to have group-specific rights by appeal to the idea that such collective rights are discriminatory because they assign opportunities to individuals on the basis of culture or race. Political elites are not alone in thinking that collective rights override individual rights. In fact, it has become a national motif that Section 15 of the Canadian Charter, which makes it illegal to discriminate on the grounds that citizens are to be guaranteed equal protection of the law, is incompatible with group-specific rights for Aboriginal people. (shrink)

On 1 December 2019, over one hundred Aboriginal nations performed ancestral and creation dances in synchrony across the Australian continent. One of the communities that danced was the Anaiwan nation from the north-eastern region of New South Wales, Australia. Since 2014 I have been working with Anaiwan people in a collaborative activist research project, creating and maintaining an Aboriginal community garden on the fringes of my hometown of Armidale as a site for land reclamation and decolonising, multispecies (...) research. The community garden is adjacent to the site of the old East Armidale Aboriginal Reserve, where over one hundred dispossessed Aboriginal people were forced to live on the municipal town garbage depot in the mid-twentieth century. This paper positions both the Nation Dance 2019 movement, and the Armidale Aboriginal Community Garden, as rhythmic events that activate Aboriginal Law and sovereignty that is held enduring in the land but that has been buried alive by the settler-colonial state. Focusing on the tensions between deep Indigenous ancestral temporality and colonial territoriality, I argue that the emergence of the Anthropocene reveals a dangerous dissonance between the rhythms of Aboriginal Law patterned through present-day Australian environments and the grid-based structures of colonial governance imposed upon them. (shrink)

DUREY A, WYNADEN D, THOMPSON SC, DAVIDSON PM, BESSARAB D and KATZENELLENBOGEN JM. Nursing Inquiry 2012; 19: 144–152 [Epub ahead of print]Owning solutions: a collaborative model to improve quality in hospital care for Aboriginal AustraliansWell‐documented health disparities between Aboriginal and Torres Strait Islander (hereafter referred to as Aboriginal) and non‐Aboriginal Australians are underpinned by complex historical and social factors. The effects of colonisation including racism continue to impact negatively on Aboriginal health outcomes, despite being under‐recognised (...) and under‐reported. Many Aboriginal people find hospitals unwelcoming and are reluctant to attend for diagnosis and treatment, particularly with few Aboriginal health professionals employed on these facilities. In this paper, scientific literature and reports on Aboriginal health‐care, methodology and cross‐cultural education are reviewed to inform a collaborative model of hospital‐based organisational change. The paper proposes a collaborative model of care to improve health service delivery by building capacity in Aboriginal and non‐Aboriginal personnel by recruiting more Aboriginal health professionals, increasing knowledge and skills to establish good relationships between non‐Aboriginal care providers and Aboriginal patients and their families, delivering quality care that is respectful of culture and improving Aboriginal health outcomes. A key element of model design, implementation and evaluation is critical reflection on barriers and facilitators to providing respectful and culturally safe quality care at systemic, interpersonal and patient/family‐centred levels. Nurses are central to addressing the current state of inequity and are pivotal change agents within the proposed model. (shrink)

The consent and community engagement process for research with Indigenous communities is rarely evaluated. Research protocols are not always collaborative, inclusive or culturally respectful. If participants do not trust or understand the research, selection bias may occur in recruitment, affecting study results potentially denying participants the opportunity to provide more knowledge and greater understanding about their community. Poorly informed consent can also harm the individual participant and the community as a whole. Invited by local Aboriginal community leaders of the (...) Fitzroy Valley, the Kimberley, Western Australia, The Picture Talk project explores the consent process for research. Focus groups of Aboriginal community members were conducted to establish preferences for methods of seeking individual consent. Transcripts were analysed through NVivo10 Qualitative software using grounded theory with inductive and deductive coding. Themes were synthesised with quotes highlighted. Focus groups with Aboriginal community members were facilitated by a Community Navigator as a cultural guide and interpreter and a researcher. Participants were recruited from all main language groups of the Fitzroy Valley – Gooniyandi, Walmajarri, Wangkatjungka, Bunuba and Nikinya. Participants were aged ≥18 years, with 5 female groups and one male group. Themes identified include: Reputation and trust is essential; The Community Navigator is key; Pictures give the words meaning – milli milli versus Pictures; Achieving consensus in circles; Signing for consent; and Research is needed in the Valley. Aboriginal communities of the Fitzroy Valley recommend that researchers collaborate with local leaders, develop trust and foster a good reputation in the community prior to research. Local Aboriginal researchers should be employed to provide cultural guidance throughout the research process and interpret local languages especially for elders. Pictures are preferred to written text to explain research information and most prefer to sign for consent. The Fitzroy Valley welcomes research when collaborative and for the benefit of the community. Future research could include exploring how to support young people, promote health screening and improve understanding of medical knowledge. (shrink)

According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this (...) paper, we argue that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty? (shrink)

Researchers are required to seek consent from Indigenous communities prior to conducting research but there is inadequate information about how Indigenous people understand and become fully engaged with this consent process. Few studies evaluate the preference or understanding of the consent process for research with Indigenous populations. Lack of informed consent can impact on research findings. The Picture Talk Project was initiated with senior Aboriginal leaders of the Fitzroy Valley community situated in the far north of Western Australia. (...) Aboriginal people were interviewed about their understanding and experiences of research and consent processes. Transcripts were analysed using NVivo10 software with an integrated method of inductive and deductive coding and based in grounded theory. Local Aboriginal interpreters validated coding. Major themes were defined and supporting quotes sourced. Interviews with Aboriginal leaders were facilitated by a local Aboriginal Community Navigator who could interpret if necessary and provide cultural guidance. Participants were from all four major local language groups of the Fitzroy Valley; aged 31 years and above; and half were male. Themes emerging from these discussions included Research—finding knowledge; Being respectful of Aboriginal people, Working on country, and Being flexible with time; Working together with good communication; Reciprocity—two-way learning; and Reaching consent. The project revealed how much more there is to be learned about how research with remote Aboriginal communities should be conducted such that it is both culturally respectful and, importantly, meaningful for participants. We identify important elements in community consultation about research and seeking consent. (shrink)

This is a persona] account of an Aboriginal woman who went through the education system in Australia to obtain finally her law degree. Aboriginal people experience many hurdles in the education system. Many Aboriginal children feel alienated within the legal system which until recently focused on a colonial history of Australia, ignoring the experiences, indeed the presence, of indigenous people in Australia. The Australian government had a policy of not educating Aboriginal people past (...) the age of 14. The author was one of the first generation that could go straight from high school to university. She speaks of the debt she feels towards the generations of her people that fought for her right to access to higher education. The author went on to become the first Aboriginal person to be accepted into Harvard Law School which brought different personal challenges and allowed for reflection on comparisons of the sensitivity towards race in both education systems. When the author returned to Australia, she took a position teaching at the University of New South Wales. She had to come to terms with working within a system that she had felt alienated within as a student. Her position at the front of the class has created a sense of empowerment that she can pass on to her Aboriginal and female students. (shrink)

This paper will reveal our women as active theologians, dealing with the silent threat of approaching genocide, the end of so called ‘full-bloods’ of our race. Finding ways of healing, and being activists, living in the conscious and subconscious oppression. I am so proud that in the light of this, they emerge as responsible people, living constructive and influential lives. Yet the suffering takes its toll and they die young or are sick and disabled young. I donated my Harvard (...) Post-doctoral Fellowship, the first Australian Indigenous Harvard Fellow, to helping this suffering, to prolong life. Part Three reflects where my fellowship in liberation theology and psychotherapy comes together in active Tiddas Theology for wholeness. (shrink)

In February 2012, Canada's Truth and Reconciliation Commission released an interim report that detailed its findings based on extensive testimony by former students of the nation's residential school system, a system designed to forcibly assimilate aboriginal peoples. The report concludes that the state must play an active role in the restoration of indigenous culture and knowledge. It is against this background that Christopher Martin analyzes the idea of aboriginal educational rights. The concern here is not so much with (...) aboriginal persons' right to a fair share of educational provision, but with the aboriginal person's right to reassert authority over his or her developmental interests, including an interest in culture and identity. The specific role of educational rights in such debates remains an important one, especially since such discussions impinge on difficult issues of state sovereignty and cultural rights. In this essay Martin examines various justifications of aboriginal educational rights and develops a Habermasian justification that remains consistent with individual rights. (shrink)

Research Ethics, Volume 18, Issue 1, Page 51-63, January 2022. Aboriginal and Torres Strait Islander peoples in Australia, have historically experienced research as another means of colonialization and oppression. Although there are existing frameworks, guidelines and policies in place that respond to this history, the risk of exploitation and oppression arising from research still raises challenging ethical questions. Since the 1990s the National Health and Medical Research Council in Australia has developed specific sets of guidelines that govern research with (...) these populations in an attempt to redress injustices of the past. The current guidelines: Ethical Conduct in Research with Aboriginal and Torres Strait Islander Peoples and Communities: Guidelines for Researchers and Stakeholders, 2018, emphasis six core values which are bound together by “spirit and integrity.” The values are reflected through respect for cultural inheritance, and genuine negotiation of partnerships between researchers, other stakeholders, and communities. We examine whether these guidelines can lead to research and research practices that redress some of the ongoing traumas of colonialization and racism. We draw upon Margaret Urban Walker’s formulation of restorative justice, based upon her “pragmatics of repair” which relies upon “voice, validation and vindication” and at its core, the restoration of relationships. (shrink)

Increasing the number of Aboriginal students graduating from university is a goal of many Canadian universities. Realizing this goal may present challenges to the orientation and methodology of university curricula that have been developed without consideration of the traditional epistemologies of Aboriginal peoples. In this article, three scholars in the Faculty of Education at the University of Victoria take up this issue by dialoguing with each other about the possibilities of incorporating Aboriginal perspectives into their courses. These (...) conversations are woven together into the narrative form of a four-act play in which the authors caricature their personalities to highlight their initial resistances and eventual reconsiderations. As non-Aboriginal instructors from different cultural backgrounds, the authors confront issues of respect, responsibility, and (mis)representation as they struggle with the dilemmas involved in cross-cultural understanding. Through this journey they come to imagine a world where cultural differences, including the traditional epistemologies of Aboriginal peoples, present possibilities for greater understanding of each other and more authentic expressions of our humanity. (shrink)

Aboriginal fringe-dwellers in Central Australia emphasize their independence of the white-dominated world around them. Because of differences in their means of support, men and women have developed variations on this perspective of independence and personal power. Men present themselves in terms of their white employers and base their personal collateral on those links. Women stress their ability to care for their families without help from others and present themselves as able to play all social roles in the Central Australian (...) world. This image of woman as universal actor places moral premiums on the protection of domestic interests at the expense of wider gender, ethnic, or class interests. These ideas are explored through analysis of the life story of one woman, Katy Mayhew. Although obtained in an interview setting, the occasion of Katy's story became a life event through which she, her daughter, and her “sisters” reflected upon their lives as Aboriginal women in Central Australia. It is argued that life events are particularly appropriate ways for people to reflect on the meaning of their mundane, everyday lives in contexts such as Aboriginal Australia, which are dominated by bureaucratic frames, processes, and power. (shrink)