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'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
Civil society requires care work. All of us, at various stages of our lives, will be dependent on others for our daily needs. Most of us will likewise care for others at some point. The challenge is how to allocate caring responsibilities throughout society, while allowing also for the paid work that secures economic independence. At the moment the tacit expectation that women will do unpaid care work - and that men (theoretically) are unburdened by care work - contributes to economic inequality.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
Labelling it a 'domestic violence epidemic', Mundine questioned whether Indigenous parliamentary ministers were adequately advocating for Indigenous peoples. His remarks were ironic given that, as Linda Burney points out, 'these things have happened on his watch'. Without government funding to support grassroots, community based early intervention programs, family violence will continue. In particular, how those programs are actually being funded should be reviewed.
When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.
I had been in WA for exactly a year when the local newspaper reported that a white guy had led about 200 people off Wave Rock station. Coming out of the comfortable myth that my home country of New Zealand was not racist, I was amazed to learn that Australia's Indigenous people were obliged to work without industrial protections. In 1966 it was the British Vesteys Group that had been exploiting Aboriginal people: today it is the State in the guise of 'community development', aka work for the dole.
The violence at the pastoral frontier of the British colonies here in Australia was all pervasive. 228 years after it commenced, we are still experiencing the after-effects. When I started advocating Aboriginal rights here in Australia almost 40 years ago, the prevailing wisdom was that the missions and missionaries were all bad news. It will come as no surprise that I have always doubted that Aborigines were well rid of religion and the missionaries in all circumstances.
After a plodding election race the stewards have called for a photo. But it looks more likely that Turnbull will be able to form a government. If so, he will need to address the interlocking challenges that we face in order to leave our children a world of possibility. The hope will be muted because both major parties promised little or nothing to address them. But we can take heart that there is certain to be an independently minded senate that can consequently strike down bad policies, and keep asking what kind of an Australia we want.
For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.
Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.
Doreen, a women's leader from the community in Kalumburu, said, 'it is our dream for us women to get up and make the community stronger'. Such determination ought to be facilitated. What this means is making avenues where Indigenous culture and cultural life are at the centre of the conversation to effect change. Instead of adopting a 'helping' attitude, there needs to be a shift towards facilitating self-agency as an economically rational approach when it comes to Indigenous Australians.
In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.
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