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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Aborigines and International Law Conference" [1984] AboriginalLawB 6; (1984) 1(10) Aboriginal Law Bulletin 11


Aborigines and International Law Conference

As one of its final activities before going out of existence, the Aboriginal Treaty Committee set up an important and timely conference on Aborigines and International Law. The Conference was run by the Centre for Continuing Education at the Australian National University on 21-22 November 1983.

The Conference was a success even if measured only in terms of the quality and quantity of those who attended. The organizers had clearly assessed correctly that there is a growing interest among Aboriginal organizations and others in the relevance of international law to indigenous populations in general, and to Aboriginals and Torres Strait Islanders in particular.

Dr. H.C. Coombs opened the Conference. Mick Miller of the North Queensland Land Council chaired the first session in which Garth Nettheim spoke about the relevance of international human rights law and procedures, recent international developments concerning indigenous populations, and the effect of international law in expanding the Commonwealth's law-making power within Australia.

In the second session, chaired by Dr. Nancy Williams, Professor Russell Brush from the United States gave a brilliant address in support of the principle of self-determination for indigenous peoples.

After lunch, with Nick Peterson in the chair, Pat Dodson of the Federation of Land Councils spoke on major policy issues. The next speaker, Dr. Rosalie Schaffer, gave a less optimistic appraisal than Russell Brosh had of the prospects of asserting Aboriginal sovereignty through international law. Paul Coe and Barbara Hocking led the subsequent discussion. After tea, Dr. Eric Michaels presented a video produced by the Yuendumu community, and this led to a lively discussion on the issue of control over communications to traditional communities.

The evening speaker was the Hon. Clyde Holding, federal Minister for Aboriginal Affairs who outlined the Government's program on Aboriginal land rights. The Minister warned that talk about sovereignty or excessive consultation with Aboriginal communities about, proposed national legislation could delay the momentum.

On the second day, John Watson of the Kimberly Land Council chaired a session in which James Crawford, of the Australian Law Reform Commission, gave a paper on International Law and the Recognition of Aboriginal Law - he gave particular attention to the issues presented by the recent South Australian decision, Gerhardy v Brown. Mick Dodson led the discussion.

After morning tea, Marcia Langton gave an account of the second annual meeting in Geneva of the Working Group on Indigenous Populations.

After lunch, Alexis Omond, of the Federation of Aboriginal Women, and Pad Coe, of the National Aboriginal and Islander Legal Services Secretariat, spoke. Michael Barker presented a paper comparing aspects of land rights legislation in several States and the Northern Territory. Daryl Kickett of the Kimberly Land Council, and Frank Brennan led the discussion.

Throughout the Conference there was considerable lively discussion from the floor. There was also, of course, much valuable informal discussion over meals, tea breaks and drinks. The conference was a notable success and it is understood that the ANU Centre for Continuing Education proposes to publish some at least of the proceedings.


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