Sandy Sanders question about evolved traditions is crucial. In the Yorta
Yorta case and especially in the Hindmarsh Island Bridge case, the
validity of evolved traditions was rejected absolutely. In the
Coronation Hill and Yanner cases changes in the form and expression of
traditions and cultural heritage was accepted as part of a living
reality.
Part of the problem is the unconscious effects of racist representations
of the authenticity of Aboriginality. That is, Ngarrindjeri and Yorta
Yorta people are assumed to have abandoned or lost cultural knowledge
and spiritual attachments because of their "mixed" racial ancestry ,
their urban or "settled" area residence, their Christianity and other
lifestyle and experiential factors which are regarded as evidence of
"being just like Us".
It could be argued that the greater hostility, and the legal and
political incredulity facing Indigenous groups in the south-east of the
country is related to the more intensive settler occupation and higher
economic value. Given the potential value of remote areas in terms of
mining , it seems that false and out-dated notions of who is "real" and
Who "has culture" are at least as important.
There have been numerous cases of Indigenous people being prosecuted for
taking fish and animals without a licence in NSW, Vic and SA. Often it
is abalone. In some recent cases , a customary law or native title
defence has been mounted but as far as I am aware they have all
eventually failed. In part this is perhaps because the defendants were
not registered native title claimants. Maybe Rod Hagen has details of
some of these matters or the various Legal Services can help?
What impact the Yanner case will have in these cases is unclear but it
may bring into sharp focus once again, the enormous investment there is
in denying the authenticity of Indigenous culture in "settled
Australia".
David Hollinsworth
Ph: 08-8274 1384
fax: 08-8271 3934
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