July / August 2009 Volume 7, Issue 13

Editorial

Opening this edition of the ILB, Meg McLoughlin and Melissa Sinclair discuss Queensland’s controversial Wild Rivers Act, explaining how this oppressive political regime steamrolls Cape York communities’ fundamental rights to culture, land and development. Certainly, given the Federal Government’s recent approval of the Four Mile uranium mine, it is clear that neither the burdens of environmental conservation, nor the benefits of economic development, are evenly spread across Australian communities.

Ruth McCausland and Alison Vivian share the findings of their qualitative comparison of two neighbouring NSW towns with significant Aboriginal populations. Ruth and Alison investigate how different community characteristics can affect the cycle of crime, and which key factors may be relevant to breaking it. One feature identified, the availability of diversionary sentencing options, is particularly relevant to Magistrate Hilary Hannam’s discussion of the NSW Youth Drug and Alcohol Court, a pilot program currently operating in Metropolitan Sydney. Magistrate Hannam hopes that, by sharing her experiences of therapeutic justice, more young offenders may take advantage of the benefits offered by this court. 

Earlier this year, the Victorian Government announced its new Native Title Settlement Framework, designed as a quicker, cheaper, more effective alternative to the onerous requirements of the Native Title Act. Emily Gerrard examines the mechanics of this new system, outlining some necessary changes to ensure that it produces just, as well as efficient, results for Victoria’s traditional owners.

In many ways, the Victorian development reflects a growing community expectation that governments and private entities will adopt ethical standards in their commercial dealings. In this context, Rachel Davis discusses the notion of protect, respect and remedy, an emerging principle in international law requiring that human rights, including Indigenous rights, be incorporated into mainstream business practices. At the domestic level, Lan Pham and Terri Janke review progress on the draft Indigenous Australian Art Commercial Code of Conduct, looking at specific changes that are still needed to ensure that the final Code adequately protects the needs and interests of Indigenous artists.

Commissioner Tom Calma closes this edition with a retrospective on the Government’s progress in Indigenous affairs last year’s National Apology, highlighting some areas requiring urgent attention and political action as we move towards 2010.

Zrinka Lemezina
Editor

Wild Rivers, Conservation and Indigenous Rights: An Impossible Balance?
By Meg McLoughlin and Melissa Sinclair

A Tale of Two Towns: A Comparative Study of Wilcannia and Menindee
By Ruth McCausland and Alison Vivian

The Youth Drug and Alcohol Court - An Alternative to Custody
By Hilary Hannam

A New Beginning? Looking at Victoria’s Native Title Settlement Framework
By Emily Gerrard

‘Protect, Respect and Remedy’: Working to Integrate the Rights and Concerns of Indigenous Peoples into a New UN Framework on Business and Human Rights
By Rachel Davis

Codifying Culture: Indigenous Australian Art Commercial Code of Conduct
By Lan Pham and Terri Janke

Social Justice and Native Title Reports 2008
By Tom Calma

Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (27) 2007 are available online at http://www.austlii.edu.au/au/journals/AboriginalLB and http://www.austlii.edu.au/au/journals/ILB/.

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