Honour Among Nations? Treaties and Agreements with Indigenous People

by Langton, Marcia; Palmer, Lisa; Tehan, Maureen; Shain, Kathryn

• ISBN13: 9780522851069
• ISBN10: 0522851061
• Format: Paperback
• Copyright: 2004-03-06
• Publisher: Melbourne University Press

Summary

Emerging from the growing interest in studying the relationship between indigenous peoples, and governments, and other indigenous groups, this collection of essays explores academic and public policy covering indigenous treaties. A comprehensive analysis, the included topics are as diverse as treaty making in New Zealand and British Columbia; land, the law, amd political rights for indigenous peoples; maritime agreements; Torres Strait Islander self-government; race discrimination in Australia; the Timor Sea Treaty; and copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. This valuable reference includes contributions from Marcia Langton, Gillian Triggs, Joe Williams, and Noel Pearson.

Author Biography

Marcia Langton is the foundation chair of Australian indigenous studies in the school of anthropology, geography and environmental studies at the University of Melbourne. Maureen Tehan is a senior lecturer in the law school at the University of Melbourne. Lisa Palmer is an ARC postdoctoral fellow in the school of anthropology, geography and environmental studies at the University of Melbourne. Kathryn Shain is a research fellow in the school of anthropology, geography and environmental studies at the University of Melbourne.

Table of Contents

Abbreviations	vi
Preface	vii
Sir Anthony Mason
Prologue	ix
Marcia Langton
Maureen Tehan
Lisa Palmer
Kathryn Shain
Notes on Contributors	xi
Acknowledgements	xiv
Introduction	1	(28)
Marcia Langton
Maureen Tehan
Lisa Palmer
Part 1: Indigenous Agreement Making and Governance: An Historical Overview
Introduction: Unsettling Sovereignties	29	(5)
Marcia Langton
Treaties, Agreement Making and the Recognition of Indigenous Customary Polities	34	(16)
Marcia Langton
Lisa Palmer
Indigenous-Settler Treaty Making in Canada	50	(19)
Bradford W. Morse
The Formulation of Privilege and Exclusion in Settler States: Land, Law, Political Rights and Indigenous Peoples in Nineteenth-century Australia and Natal	69	(14)
Julie Evans
Land is Susceptible of Ownership	83	(18)
Noel Pearson
`Now Balanda Say We Lost Our Land in 1788': Challenges to the Recognition of Yolnu Law in Contemporary Australia	101	(19)
Aaron Corn
Neparrna Gumbula
Part 2: Recognition and Resolution in Treaty Making in Settler States
Introduction: Contested Territory: Divided Past, Common Future	117	(3)
Maureen Tehan
Toward Justice and Reconciliation: Treaty Recommendations of Canada's Royal Commission on Aboriginal Peoples (1996)	120	(13)
Paul L.A.H. Chartrand
Treaties in British Columbia: Comprehensive Agreement Making in a Democratic Context	133	(14)
Ravi de Costa
The Shadow of the Law and the British Columbia Treaty Process: `[Can] the unthinkable become common place'?	147	(16)
Maureen Tehan
Treaty Making in New Zealand/Te Hanga Tiriti ki Aotearoa	163	(13)
Joe Williams
Part 3: Negotiating beyond Native Title
Introduction: Negotiating Co-existence	173	(3)
Maureen Tehan
Agreement Making and the Native Title Act	176	(13)
Graeme Neate
Symbolism and Function: From Native Title to Aboriginal and Torres Strait Islander self-government	189	(14)
Lisa Strelein
Comprehensive Native Title Negotiations in South Australia	203	(17)
Parry Agius
Jocelyn Davies
Richard Howitt
Sandra Jarvis
Rhian Williams
Maritime Agreements and the Recognition of Customary Marine Tenure in the Northern Territory	220	(17)
Sue Jackson
Rio Tinto's Agreement Making in Australia in a Context of Globalisation	237	(17)
Bruce Harvey
Part 4: The Opportunities and Constraints of Agreement Making
Introduction: Agreement Making, Outcomes, Constraints and Possibilities	251	(3)
Lisa Palmer
The Framework Agreements: Intergovernmental Agreements and Aboriginal and Torres Strait Islander Health	254	(19)
Ian Anderson
Race Discrimination in Australia: A Challenge for Treaty Settlement?	273	(15)
Hannah McGlade
A Sovereign Text? Copyright, Publishing Agreements and Intellectual Property Issues for Aboriginal and Torres Strait Islander Authors	288	(15)
Michele Grossman
Evaluating Agreements between Indigenous Peoples and Resource Developers	303	(26)
Ciaran O'Fairchaellaigh
Creative Conflict Resolution: The Timor Sea Treaty between Australia and East Timor	329	(14)
Gillian Triggs
Index	343