Social, economic and cultural rights (p. 340)

Related issues—

ALTMAN, JON C. & NIEUWENHUYSEN, JOHN. The Economic Status of Australian Aborigines.

AUSTRALIAN COUNCIL OF CHURCHES. Racism in Australia, Report of Conference at Southport, Queensland, 1971. Melbourne, Australian Council of Churches, 1971.

AUSTRALIAN COUNCIL OF CHURCHES. Racism in Australia: Tasks for General and Christian Education: Report of Conference at Southport, Qld, November 19-24, 1971, Melbourne. The Australian Council of Churches, Division of Christian Education, 1971, Pp. 115.

The keynote address by Barrie Pittock, 'Racism in Australia — an introductory perspective', has been omitted from the report. Without it, the report seems to lack relevance and point because the other papers are quite theoretical in their approach and do not reach the level of practicality this conference seemed to require. Not a great deal that is new or useful can be learned, from this report, on racism in Australia.

BENNETT, GORDON. Aboriginal Rights in International Law. London, Royal Anthropological Institute, 1978. Pp. 88.

This is the first attempt to survey the still disjointed and fragmentary modern international law concerning Aboriginal rights and the prospects of enforcing those rights through the international system. Introductory study but based on a large number of cases and facts. Documentary Appendix. Bibliography.

BENNETT, GORDON. 'The Developing Law of Aboriginal Rights'. (June 1979) 22 Review (International Commission of Jurists), 37.

BERNDT, R. M. (ed.). Aborigines and Change: Australia in the 70s. Canberra, Australian Institute of Aboriginal Studies, 1977. Pp. xiii + 424. ISBN 0 391 007262.

270 Bibliography
This book contains twenty-eight contributions from writers who have had considerable experience with Aborigines. They take into account the problems of traditionally-oriented Aborigines as well as those who live in urban and country town situations. They provide new facts and new ways of looking at those facts which enhance our general understanding of Aboriginal affairs.

BERRY, MARY FRANCES. Black Resistance/White Law: A History of Constitutional Racism in America. New York, Appleton-Century-Crofts, 1971.

This is an analysis of the use and abuse of constitutional theory and practice to repress actively and to refuse national protection to blacks. The author argues that the theory of federalism coupled with the use, the threat to use, and the failure to use national military power legally sanctioned racial oppression and that law has been an instrument for maintaining a racist status quo.

Beyond the Act. Queensland Aborigines and Islanders: What Do We Want?. Foundation for Aboriginal and Islander Research Action Ltd, 1979. Pp. 328. ISBN 0 9596935 6. This book contains summaries of Queensland's legislation pertaining to Aborigines and

presents the case for ownership of land.

BisKun, PETER. Not Slaves — Not Citizens. The Aboriginal Problem in Western Australia 1898-1954. St Lucia, University of Queensland Press, 1973. Pp. 341.

ISBN 0 8448 0122 4.

BOSTOCK, WILLIAM W. Alternatives of Ethnicity. Immigrants and Aborigines in Anglo-Saxon Australia. Hobart, Cat and Fiddle Press, 1977. Pp. 190. ISBN 0 85853 030 9.

This book offers an analysis of the concept 'ethnicity' and discusses immigrant and Aboriginal participation in Australian society. It discusses the formation of 'alternative' ethnicities which consists in the maintenance of a distinct ethnic identity and acquisition of the Anglo-Saxon Australian identity.

BROOME, RICHARD. Aboriginal Australians. Sydney, George Allen & Unwin, 1982. Pp. 227. ISBN 0 86861 043 7.

This book provides a complete overview of Aboriginal-white relationships. It recounts history since white colonisation, balancing the point of view of Aboriginals with that of whites.

CATHOLIC COMMISSION FOR JUSTICE AND PEACE. Aborigines: a Statement of Concern. Sydney, Catholic Commission for Justice and Peace, 1978. Pp. 22.

COMMONWEALTH ABORIGINAL STUDIES WORKING GROUP. Report to the Australian Education Council. Canberra, Australian Government Publishing Service, 1982.

Pp. ix + 138 + Appendixes. ISBN 0 644 02125 X.

Coomss, H. C. Kulinma. Listening to Aboriginal Australians. Canberra, Australian National University Press, 1978. Pp. x + 250. ISBN 0 7081 1149 1.

CRANSTON, R. 'The Aborigines and the Law: An Overview'. (1973) 8 University of Queensland Law Journal, 60-78.

DAVIES, L. 'The Yupupu Case'. (1976) 2 Legal Service Bulletin, 134-5.

DICKEY, ANTHONY. 'The Mythical Introduction of "Law" to the Worora Aborigines'. (1975-76) 12 Western Australian Law Review, 350-67, 480-98.

DUKE, C. & SOMMERLOD, E. Aboriginal Affairs — Towards Some Lessons for Participative Planning. Canberra, Centre for Continuing Education, Australian National University, 1974.

EASTACK, J. E. 'Australian Aborigine: Full Commonwealth Responsibility Under the Constitution'. (1980) 12 Melbourne University Law Review, 516-42.

Discrimination 271

ISBN 0 85575 045 6.

EGGLESTON, E. M. 'Prospects for United Nations Protection of the Human Rights of Indigenous Minorities'. (1975) 1970-1973 Australian Yearbook of International Law, 68-74.

ELKIN, A. P. The Australian Aborigines. rev. edn. Sydney, Angus & Robertson, 1979. Pp. xv + 397. ISBN 0 207 13733 1.

A comprehensive, clear exposition of the tribal and social organisation, law, belief, ritual and philosophy of the Aborigines. A classic study, though recently called into question by many anthropologists.

ENGEL, FRANK. The Position of the Australian Aborigines: Two Centuries of Injustice and Some Recent Steps Towards Justice. Sydney, Australian Council of Churches, 1978. Pp. 21 + 8 + 2. ISBN 0 825 1021 5.

EVANS, GARETH. 'New Directions in Australian Race Relations Law'. (1974) 48 Australian Law Journal, 479-91.

FOLEY, M. 'Black Queenslanders on Reserves - What Laws Do They Want?'. (1978) 3 Legal Service Bulletin, 97-9.

FRANKLIN, M. A. Black and White Australians: An Inter-racial History 1788-1975. Melbourne, Heinemann Educational, 1976. Pp. vii + 248. ISBN 0 207 13150 3.

GALE, G. FAY & BROOKMAN, A. Race Relations in Australia: the Aborigines. Sydney, McGraw-Hill, 1975. Pp. 138. ISBN 0 07 093240 9.

Thirty-seven significant documents are used to illustrate the major issues underlying race relations in Australia. A range of viewpoints are provided together with a running commentary by the authors. The scene is set by attempting to define 'an Aboriginal' and this is followed by documents relating to contact history, the contemporary situation, and to the 'Aboriginal response'.

GILBERT, KEVIN. Because A White Man'll Never Do It. Cremorne, Angus & Robertson, 1973. Pp. xii + 210. ISBN 0 207 12983 5.

GILBERT, KEVIN. Living Black. Ringwood, Penguin, 1978. Pp. 305. ISBN 0 14 004459 0.

GOLDRING, JOHN. 'White Laws, Black People'. (1973) 45(3) Australian Quarterly, 5-18.

GRASSBY, A. J. 'Tackling Racial Discrimination in Australia', in A Human Rights Commission for Australia (proceedings of public seminar). Sydney, United Nations Association of Australia, 1977, pp. 19-20. ISBN 0 9599 117 15.

HARDY, BOBBIE. The World Owes Me Nothing. Adelaide, Rigby, 1979. Pp. 198. ISBN 0 7270 0853 6.

HARDY, FRANK. The Unlucky Australians. London, Pan Books, 1978. Pp. 351.

HARRIS, S. It's Coming Yet - An Aboriginal Treaty Within Australia Between Australians. Canberra, Aboriginal Treaty Committee, 1979.

HARTWIG, M. C. 'Aborigines and Racism: An Historical Perspective', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 2, Australia and New Zealand Book Company, 1971, pp. 9-24.

272 Bibliography

HILL, M. & BARLOW, A. (eds). Black Australia: An Annotated Bibliography and Teacher's Guide to Resources on Aborigines and Torres Strait Islanders. Canberra, Australian Institute of Aboriginal Studies, New Jersey, Humanities Press Inc., 1978.

Pp. xv + 200. ISBN 085575 0731.

Lists all the resources useful for teaching Aboriginal Studies in schools.

HOWARD, MICHAEL C. (ed.). Aboriginal Power in Australian Society. St Lucia, University of Queensland Press, 1982. Pp. vi + 246.

HOWE, K. R. Race Relations. Australia and New Zealand. A Comparative Survey, 1770's-1970's. Sydney, Methuen, 1977. Pp. viii + 95. ISBN 0 86865 103 6.

HUMAN RIGHTS COMMISSION. Aboriginal Reserves By-laws and Human Rights (Occasional Paper No. 5). Canberra, Human Rights Commission, 1983. Pp. 93.

ISBN 0 644 02893 9.

KEON-COHEN, B. A. 'Native Justice in Australia, Canada and the USA: A Comparative Analysis'. (1981) 7 Monash University Law Review, 250-325.

LARSEN, KNUD, DWYER, KATHLEEN MARIE, HARTWIG, CHRISTINE, WHOP, JOHN & WYLES, VIRGINIA. Discrimination Against Aborigines and Islanders in North Queensland. The Case of Townsville. Canberra, Australian Government Publishing Service, 1977.

Pp. 30. ISBN 0 642 02758 7.

The purpose of this study was to establish the persistence of discrimination in Townsville against Aboriginal and Islander people. The researchers found that the people are discriminated against in employment, in housing and in hotels. These facts were obtained by sampling and by having an Aboriginal and a white (control) person make identical requests of the respondent. To counteract the charge that Aborigines will exaggerate their problems in self-reports, three field studies were also conducted which corroborated the samplings. Having proved their point, the researchers make some recommendations towards eliminating discrimination in these fields, stressing that these approaches should be uniform.

LEACH, BARBARA (ed.). The Aborigine Today. Sydney, Hamlyn, 1971. Pp. 160.

Leading contributors to this volume include Barwick, Peterson, Walker, Lippmann, Tatz and Capell who provide information on all aspects of contemporary Aboriginal affairs. The themes dealt with in these essays include the growing demand for equal opportunity and self-determination, respect for the traditional culture and an acceptance of the right to a continuing existence, the need for educational opportunity and new educational approaches, the importance of Aboriginal languages and the basis of land rights demand. A balanced and well presented book.

LENDRUM, S. D. 'The "Coorong Massacre": Martial Law and the Aborigines at First Settlement'. (1977) 6 Adelaide Law Review, 27-43.

LIPPMANN, L. Generations of Resistance: The Aboriginal Struggle for Justice. Sydney, Longman Cheshire, 1981.

LIPPMANN, L. Words or Blows: Racial Attitudes in Australia. Harmondsworth, Penguin, 1973. Pp. 216. ISBN 0 1402 1702 9.

A pertinent and significant contribution to the literature on race relations in Australia. Lippman presents an overview on race relations and follows this up with an intensive examination of four country towns. The survey of Aborigines living in predominantly white communities focuses on interaction between black and white attitudes and socio-economic standing.

LONG, J. P. M. Aboriginal Settlements. A Survey of Institutional Communities in Eastern Australia. Canberra, Australian National University Press, 1970. Pp. viii + 225. ISBN 0 7081 0391 X.

Discrimination 273

This is an attempt to state some of the general features of Aboriginal society and to show how they are interrelated. The author has drawn examples from forty people spread throughout Australia. The attempt at generalising is done successfully, within the restrictions the author has himself laid down. Particularly effective are the two chapters on The world-creative powers', which give not only the religious viewpoints of Aborigines but also the philosophical basis for their attitudes to life and society.

MCCONNOCHIE, KEITH R. Realities of Race: An Analysis of the Concepts of Race and Racism and Their Relevance to Australian Society. Sydney, Australia and New Zealand Book Company, 1973. Pp. 166. ISBN 0 85552 015 9.

The major section of the book examines concepts of race and racism, the relationship between race and intelligence, and race and identity. The remainder of the book relates these concepts to the situation of Aborigines in Australia. One chapter, that on race, psychology and intelligence, is controversial because it lends some support to Jensen's genetic theories of racial difference in intelligence.

MCCONNOCHIE, KEITH R. & RUSSELL, A. Early Childhood Services for Aboriginal Children. Canberra, Australian Government Publishing Service, 1982. Pp. ix + 277.

ISBN 0 644 02159 4.

MCCORQUODALE, JOHN. 'Aborigines in the High Court'. (1983) 55 Australian Quarterly, 104-13.

MCNALLY, WARD. The Angry Australians. Canterbury, Victoria, Scope Publishing, 1974. Pp. 63. ISBN 08 6932 003 3.

MCQUEEN, H. Aborigines, Race and Racism. Ringwood, Penguin Books Australia, 1974. Pp. 63. ISBN 014 180 774 8.

The author traces the development of racism in Australia and studies its effects on the lives of the Aborigines.

MOODIE, P. M. Aboriginal Health. Canberra, Australian National University, 1973. Pp. xvii + 307. ISBN 0 7081 0094 5.

MOODIE, P. M. & PEDERSON, E. B. The Health of Australian Aborigines: An Annotated Bibliography. Canberra, Australian Government Publishing Service, 1971. Pp. 248.

NETTHEIM, GARTH (ed.). Aborigines, Human Rights and the Law. Sydney, Australia and New Zealand Book Co., 1974. Pp. 189. ISBN 0 85552 0264.

This book is a valuable compilation of the proceedings of a conference held in 1973 at the University of New South Wales. At the conference, Aborigines and non-Aborigines discussed the question of human rights and the law as it relates to Aborigines. Important information can be found on a number of topics, including discrimination, Queensland legislation, Aborigines and the court system, legal aid, land rights, and Aborigines in Australian society.

NETTHEIM, GARTH. 'Human Rights for Aboriginal People in the 1980's: Conference Report'. (1981) 2 Aboriginal Law Bulletin, 3, 11.

NETTHEIM, GARTH. 'Justice and Indigenous Minorities: A New Province for International and National Law', in A. R. Blackshield (ed.), Legal Change. Butterworths, Sydney, 1983, pp. 251-263.

In this review article, the author discusses international and national developments regarding the rights of indigenous minorities. He sketches the claims of the Aboriginal and Torres Strait Islander people from 1967 to 1981, including (and emphasising) the land rights issue and the proposed `Makarrata' treaty between white and black Australians.

274 Bibliography

Aboriginals and Islanders'. (1978) 2 University of New South Wales Law Journal, 314-35.

NETTHEIM, GARTH. Outlawed: Queensland's Aboriginals and Islanders and the Rule of Law. Sydney, Australia and New Zealand Book Co., 1973. Pp. 137. ISBN 0 85552 012 4. This book discusses and evaluates the Queensland laws and statutes pertaining to Aborigines.

Nettheim asks whether governments have the right to enact such legislation, and having

answered affirmatively, proceeds carefully to document the rationale behind the legislation, the procedures under which it was formulated and enacted, and the anomalies which still exist in it.

NETTHEIM, GARTH. Victims of the Law — Black Queensland Today. Sydney, George Allen & Unwin, and International Commission of Jurists (Australian Section), 1981.

Pp. viii + 199. ISBN 0 86861 395 9.

This book scrutinises the part played by the law in determining the position of Aborigines and

Torres Strait Islanders in Queensland. It analyses the conflicting philosophies of both the Queensland and Commonwealth Governments. The author succeeds in demonstrating that the Australian Government could be answerable to the international community for violating the relevant international documents which it has ratified.

NEW SOUTH WALES, PARLIAMENT. First Report from the Select Committee of the Legislative Assembly On Aborigines. Sydney, Government Printer, 1980, pp. 203.

This report from the Select Committee of the Legislative Assembly upon Aborigines highlights the anomaly of living standards of the present day Aborigine. It provides a historical background and investigates the land rights of the Aborigines in N.S.W.

NEW SOUTH WALES, PARLIAMENT. Second Report from the Select Committee of the

Pp. xxiii + 479.

This report deals with the causes of socio-economic deprivations, housing, health, education, employment, welfare, and culture.

OFFICE OF THE COMMISSIONER FOR COMMUNITY RELATIONS. World Perceptions of Racism in Australia (Community Relations Paper No. 12). Canberra, 1981.

O'REGAN, R. S. 'Aborigines, Melanesians and Dying Declarations'. (1972) 21 International and Comparative Law Quarterly, 176-82.

PARTLETT, DAVID. 'The Racial Discrimination Act 1975 and the Anti-Discrimination Act

PARTLETT, D. 'Benign Racial Discrimination: Equality and Aborigines'. (1979) 10 Federal Law Review, 238-86.

PATTERSON, DAVID L. & SMITS, STANLEY J. 'Communication Bias in Black-White Groups'. (1974) 88 Journal of Psychology, 9-25.

PETERS, PAUL. Law of the Dreaming or Dreaming of the Law?. Nymegen, Institute of Folk Law, Catholic University of Nymegen, 1980. Pp. xix + 168.

A report on the recognition of Aboriginal customary law in Australia.

Discrimination 275

Asserts that white racism is 'part of the white Australian heritage'; the society has been built upon racism with racist assumptions built into its very fabric. Pittock tries to see the situation from the black point of view. He has succeeded in compiling a good, concise summary of race relations in Australia, with some reference to the non-European immigrants. Some of the reasons behind the conflict are explained.

PITTOCK, A. BARRIE. Toward a Multi-racial Society: the 1969 James Backhouse Lecture. Sydney, The Religious Society of Friends, 1969. Pp. 36.

This short document outlines the racism inherent in Australian society. Pittock defines racism and provides examples of its Australian manifestations. He condemns assimilation, as an alternative to segregation, as being equally racist. Inevitably Australia will become increasingly multi-racial. A solution is for Australians to recognise and accept a plural society and to foster 'a growing recognition of the values and merits of diverse traditions and cultures'.

PRIDEAUX, DAVID. 'The South Australian Prohibition of Discrimination Act and Racism'. (1975) 10 Australian Journal of Social Issues, 315-21.

REYNOLDS, HENRY. The Other Side of the Frontier. Townsville, Queensland, James Cook University, 1982. ISBN 0 86443 024 8.

Examines Australian history from the Aboriginal viewpoint — 'the other side of the frontier'. Traces relations between the newly arrived European colonists and the longtime Aboriginal inhabitants, and analyses Aboriginal claims on the basis of this account.

ROWLEY, C. D. The Destruction of Aboriginal Society. Harmondsworth, Penguin, 1972. Pp. 430. ISBN 0 14 021452 6.

Rowley, in his first volume, provides the essential historical background on a comprehensive scale of the frontier clash between white settlers and Aborigines. The situation and its aftermath are examined in each State, and is followed by the Commonwealth's search for an Aboriginal policy from 1934-1948. A detailed and scholarly study.

ROWLEY, C. D. A Matter of justice. Canberra, Australian National University Press, 1978. Pp. 249. ISBN 0 7081 0658 7.

This book is a comprehensive survey of a number of issues, including the plight of Aborigines in employment, Aboriginal settlements, the Aboriginal Embassy. The author also makes recommendations for reform and discusses the opportunities which could be offered to Aborigines through new institutions.

ROWLEY, C. D. Outcasts in White Australia. Harmondsworth, Penguin, 1972. Pp. 472. ISBN 0 7081 0624 2.

The second of three volumes dealing with Aboriginal policy and practice, in which Rowley looks at the situation of Aborigines in the closely settled areas of Australia — some on reserves, some living on the fringes of rural communities and some in the larger cities. The content is exhaustive. Rowley and his research team have taken great care to trace all relevant information so that this volume, with the other two, forms a valuable and a reliable information source.

ROWLEY, C. D. The Remote Aborigines. Harmondsworth, Penguin, 1972. Pp. x + 379. ISBN 0 7081 0625 O.

In the last of the trilogy devoted to Aboriginal policy and practices, Rowley focuses on those areas to the north and central regions of Australia — the areas he terms 'colonial Australia'. Here the Aborigines live on reserves and properties, and cling to what they can of their traditional cultures. With meticulous care for detail, he discusses the effects of mining developments in W.A., N.T. and Qld, claims for land rights, and conditions of employment and wages. In his conclusion, Rowley strongly urges non-Aborigines to develop an appreciation of those things that Aboriginal societies have to offer us all.

276 Bibliography

This book, which discusses the history of Aboriginal Tasmanians and their attempted extermination by the white man, contains a comprehensive bibliography.

STANNER, W. E. H. White Man Got No Dreaming - Essays, 1938-1973. Canberra,

Australian National University Press, 1979. Pp. xv + 389. ISBN 0 7081 180 2.

STONE, S. N. (ed.). Aborigines in White Australia: A Documentary History of the Attitudes Affecting Official Policy and the Australian Aborigine, 1697-1973. South Yarra, Vic., Heinemann Educational Books, 1974. Pp. 253. ISBN 0 85859 072 7.

STREET, H., HOWE, G. & BINDMAN, G. Report on Anti-Discrimination Legislation. London, Political & Economic Planning, 1967.

SUTER, KEITH. 'Respecting Aboriginal Rights: New Incentives'. (1981) Aboriginal Law Bulletin, 1, 5.

SUTER, KEITH & STEARMAN, KAYE. Aboriginal Australians (Minority Rights Group Report No. 35). Canberra, Australian Council for Overseas Aid, 1982.

TATZ, COLIN. 'Aborigines: Equality or Inequality?'. (1966) 38 Australian Quarterly, 78-90.

TATZ, COLIN. 'Aborigines and Human Rights', in Alice Erh-Soon Tay et al. (eds), Teaching Human Rights: An Australian Symposium. Canberra, Australian Government Publishing Service, 1981. Pp. 149-163. ISBN 0 642 06762 7.

TATZ, COLIN. 'Aborigines: Law and Political Development'. (Dec. 1970) Australian Quarterly, 33-46.

TATZ, COLIN. 'Aborigines: Law and Political Development', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 2, Australia and New Zealand Book Company, 1971, pp. 97-109.

TATZ, COLIN. Aborigines and Uranium, and other Essays. Richmond, Vic, Heinemann Educational, 1982. Pp. viii + 190. ISBN 0 858 59276 2.

TATZ, COLIN. 'Access to Civil Law'. (1979) 4 Legal Service Bulletin, 198-201. TATZ, COLIN. 'Access to Civil Law'. (1980) 5 Legal Service Bulletin, 9-15.

TATZ, COLIN (ed.). Black Viewpoints: The Aboriginal Experience. Sydney, Australia and New Zealand Book Co., 1975. Pp. viii + 126. ISBN 0 85552 035 3.

This is an important book because it presents insights into the personal perspectives and justifications for the actions and attitudes of fifteen Aborigines from different parts of Australia.

TATZ, COLIN. 'Commonwealth Aboriginal Policy'. (Dec. 1964) 36 Australian Quarterly, 49-63.

TATZ, COLIN. Four Kinds of Dominion: Comparative Race Politics in Australia, Canada, New Zealand and South Africa. Armidale, N.S.W., 1972. Pp. 21.

The author compares the race policies and practice of governments in South Africa, Australia, Canada and New Zealand. The nature of various political and social philosophies are examined together with discussion of their justification and how they are administered.

TATZ, COLIN. 'Pessimism in Australian Race Relations', in W. A. Veenhoven & W. Crum Ewing (eds), Case Studies on Human Rights and Fundamental Freedoms: A World Survey. The Hague, Nijhoff, 1975, vol. 1, pp. 445-70. ISBN 90 247 1779 5.

Discrimination 277
TATZ, COLIN. 'Queensland's Aborigines: Natural Justice and the Rule of Law'. (Sept. 1963) 35 Australian Quarterly, 33-49.

TATZ, COLIN. Race Politics in Australia. Armidale, University of New England Publishing Unit, 1979. Pp. vi + 118. ISBN 0 85834 224 3.

The author discusses the social conditions and the laws pertaining to Aborigines in Australia. The book contains a valuable bibliography.

THAWLEY, JOHN. Bibliographies on the Australian Aborigine. An Annotated Listing. Bundoora, La Trobe University Library, 1979. Pp. v + 38. ISBN 0 85816 208 3.

TOMLINSON, JOHN R. Institutionalization: A Way of Life in Aboriginal Australia. Brisbane, Amnesty International, 1974. Pp. iv + 15.

TURNER, DAVID H. Australian Aboriginal Social Organization. Canberra, Australian Institute of Aboriginal Studies, Atlantic Highlands, New Jersey, Humanities Press, 1980. Pp. 163. ISBN 0 391 010008 5.

WARD, RUSSELL. 'Black and White Australians: Race Relations in History'. (1983) 55 Australian Quarterly, 160-7 .

WATTS, B. H. Access to Education: An Evaluation of the Aboriginal Secondary Grants Scheme. Australian Government Publishing Service, 1976. Pp. xiv + 314. ISBN 0 642 01954 1.

WATTS, B. H. Aboriginal Futures. A Review of Research and Developments and Related Policies in the Education of Aborigines. Canberra, Australian Government Publishing Service, 1982. Pp. iv + 198. ISBN 0 642 07068 7.

WENTWORTH, W. C. 'The Position of the Aboriginals in Law and Society'. (1969) 2 Justice, 20--8.

WHITLAM, E. G. 'Australia's International Obligations on Aborigines'. (1981) 53 Australian Quarterly, 433-46.

WOLFERS, EDWARD P. Race Relations and Colonial Rule in Papua New Guinea. Sydney, Australia and New Zealand Book Co., 1975. Pp. 181. ISBN 0 85552 036 1.

WORLD COUNCIL OF CHURCHES. Justice for Aboriginal Australians. Report of W .0 .C. Sydney, Australian Council of Churches, 1981.

WURM, S. A. 'Aboriginal Languages and the Law'. (1963) 6 University of Western Australia Law Review, 1-9.

YARWOOD, A. T. & KNOWLING, M. J. Race Relations in Australia. North Ryde, Methuen, 1982. Pp. 312. ISBN 0 454 00427 3.

278 Bibliography
Criminal process

See also—

Discrimination (p. 260): Racial discrimination (Aborigines, indigenous peoples and minorities) (p. 269)

Related issues—

AUSTRALIA, PARLIAMENT, HOUSE OF REPRESENTATIVES STANDING COMMITTEE ON

ABORIGINAL AFFAIRS. Aboriginal Legal Aid. Canberra, Australian Government Publishing Service, 1980. Pp. xvi + 252. ISBN 0 642 05159 3.

This report on Aboriginal access to legal aid was produced after extensive public hearings throughout Australia in 1979.

AUSTRALIAN LAW REFORM COMMISSION. Criminal Investigation (Report no. 2). Canberra, Australian Government Publishing Service, 1975.

Paragraphs 248 to 258 examine, and make recommendations for dealing with, the specific problems Aboriginals may face in contact with police.

CHAPMAN, D. J. 'Sentencing Aborigines: The Port Adelaide Magistrates' Court'. (1976) 2 Legal Service Bulletin, 131-2.

CHAPPELL, D., COHEN, F. G. & WILSON, P. R. 'Aboriginal & American—Indian Relations With Police', in D. Chappell & P. R. Wilson (eds), The Australian Criminal Justice System. 2nd edn, Sydney, 1977, pp. 112-47.

CHISHOLM, RICHARD. 'The Aboriginal Legal Service'. (May 1971) 4justice, 26-33.

CLIFFORD, W. 'An Approach to Aboriginal Criminology'. (1982) 15 Australian and New Zealand journal of Criminology, 3-21.

EGGLESTON, ELIZABETH M. 'Aborigines and the Administration of Criminal Law', in F. S. Stevens (ed.), Racism: The Australian Experience. vol. 2, Australia and New Zealand Book Company, 1971, pp. 88-96.

EGGLESTON, E. Fear, Favour or Affection: Aborigines and the Criminal Law in Victoria, South Australia and Western Australia. Canberra, Australian National University Press, 1976. Pp. xix + 385. ISBN 0 7081 0191 7.

This study is limited to just three of the Australian States. It omits examination of the relations

between Aborigines and the criminal law in Queensland and the Northern Territory which would each constitute a separate major study. Nevertheless such studies need to be done to complete the picture. Eggleston's treatment is historical and does not take into account changes in the law after 1976. However, granting these strictures, the information presented, its organisation and the author's balanced evaluations of it make this a valuable contribution to

our growing knowledge of the effects of the criminal procedures on Aborigines. Particularly commended are the chapters on 'Special legislation' and 'Recognition of tribal law'.

ELKIN, A. P. 'Aboriginal Evidence and Justice in North Australia'. (1947), 17 Oceania, 173-210.

FORSTER, MR JUSTICE. 'Police Interrogation of Aboriginals: Judicial Guidelines'. (1976) 2 Legal Service Bulletin, 118-119.

FREIBERG, A. 'Gum-tree Justice: Aborigines and the Courts', in D. Chappell & P. Wilson

FRISTACKY, JACKIE. 'Crisis in the Aboriginal Legal Service'. (1976) 2 Legal Service Bulletin, 16-18.

Discrimination 279
HILLER, A. Proposals on Police Community Relations and Other Matters — The S carman Report on the Brixton Disorders and the Home Office Report on Racial Attacks. University of Queensland, (mimeographed).

KRIEWALDT, M. C. 'The Application of the Criminal Law to the Aborigines of the Northern Territory of Australia'. (1960-1962) 5 University of Western Australia Law Review, 1-50.

LAVERTON JOINT STUDY GROUP. Report. Perth, Western Australia Government Printer, 1975. Pp. 152.

The report of an inquiry into relations between the police and the Aboriginal people in Laverton, Western Australia, examining social origins of conflict, and possible solutions such as recognition of tribal law and the authority of elders.

LAVERTON ROYAL COMMISSION. Report. Perth, Western Australia Government Printer, 1976. Pp. vii + 262.

A thorough investigation which found that, in response to disorderly conduct by some Aborigines, police made unlawful arrests of other Aborigines and conspired to produce false statements justifying the arrests.

LIGERTwooD, ANDREW. 'The Trial of Sydney Williams'. (1976) 2 Legal Service Bulletin, 136-40.

This case is important because Mr Justice Wells decided that police officers, when interrogating tribal Aborigines, should follow instructions contained in a police circular, and that failure to do so may result in the exclusion of any confession. Mr Justice Wells also held the view that when sentencing tribal Aborigines for offences against tribal law, tribal justice should be reinforced, not replaced by, European conceptions of justice.

MACKERRAS, NEIL. 'Problems of Aboriginal Legal Services'. (1975) 1 Legal Service Bulletin, 143-6.

MARTIN, M. A. Aborigines and the Criminal Justice System: A Review of the Literature. Perth, Western Australian Department of Corrections, 1976. Pp. 39.

This paper discusses Aboriginal involvement in the criminal justice system in Western Australia, both historically and currently, and reviews aspects of the system which may account for this disproportionate involvement.

MCCONVILLE, MICHAEL & BALDWIN, JOHN. 'The Influence of Race on Sentencing in England'. (1982) Criminal Law Review, 652-8.

MISNER, R. L. 'Administration of Criminal Justice on Aboriginal Settlements'. (1974) 7 Sydney Law Review, 257-83. •

NEW SOUTH WALES ANTI-DISCRIMINATION BOARD. Study of Street Offences by Aborigines. Sydney, Govt Printer, June, 1982.

There are several major findings of this study. One is that in ten N.S.W. towns with high Aboriginal populations, Aborigines charged with minor offences in public places greatly outnumber non-Aborigines. The behaviour resulting in the charges was in the main of a trivial nature, the majority of offences involving the use of unseemly words. The study showed that penalties, too, have a more severe impact on Aboriginal people. An appreciable number of those convicted and fined in the 10 towns in this study went to jail rather than pay the fine.

REES, NEIL. 'Police Interrogation of Aborigines', in J. Basten, M. Richardson, C. Ronalds & G. Zdenkowski (eds), The Criminal Injustice System. Australian Legal Workers Group and Legal Service Bulletin, 1982, pp. 36-61. ISBN 0 95947 2711.

RICHARDSON, M. 'Aborigines and Islanders (Admissibility of Confessions) Bill 1976'. (1976) 2 Legal Service Bulletin, 129-30.

280 Bibliography

SUTER, KEITH. 'Aboriginal Rights and the Neal Case'. (Oct.-Dec. 1982) 1 Human Rights, 1-3.

SYMPOSIUM. 'Aboriginals and the Criminal Law'. (1980) 44 University of Sydney Institute of Criminology Proceedings, 1-77.

WARD, A. 'The Wholesome Precedent of Sydney Williams'. (1976) 2 Legal Service Bulletin, 141-3.

Aboriginal customary law

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Law and Tradition in Australian

AUSTRALIAN LAW REFORM COMMISSION. Promised Marriage in Aboriginal Society (Reference on Aboriginal Customary Law, Research Paper No. 1). Sydney, Australian Law Reform Commission, April 1982. Pp. 24.

AUSTRALIAN LAW REFORM COMMISSION. The Recognition of Aboriginal Customary Law on Tribal Marriage (Reference on Aboriginal Customary Law, Research Paper No. 2). Sydney, Australian Law Reform Commission, March 1982. Pp. 28.

AUSTRALIAN LAW REFORM COMMISSION. The Recognition of Aboriginal Tribal Marriage: Areas for Functional Recognition (Reference on Aboriginal Customary Law, Research Paper No. 3). Sydney, Australian Law Reform Commission, June 1982. Pp. 65.

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law: Child Custody,

Fostering and Adoption (Reference on Aboriginal Customary Law, Research Paper No. 4). Sydney, Australian Law Reform Commission, August 1982. Pp. 61.

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law: Traditional and Modern Distributions of Property (Reference on Aboriginal Customary Law, Research

Paper No. 5). Sydney, Australian Law Reform Commission, August 1982. Pp. 43.

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law and the Substantive Criminal Law (Reference on Aboriginal Customary Law, Research Paper No. 6). Sydney, Australian Law Reform Commission, March 1982. Pp. 123.

AUSTRALIAN LAW REFORM COMMISSION. Appendix - Cases on Traditional Punishments and Sentencing (Reference on Aboriginal Customary Law, Research Paper No. 6A). Sydney, Australian Law Reform Commission, September 1982. Pp. 69.

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law: A General Regime for Recognition (Reference on Aboriginal Customary Law, Research Paper No. 8). Sydney, Australian Law Reform Commission, December 1982. Pp. 51.

AUSTRALIAN LAW REFORM COMMISSION. Separate Institutions and Rules for Aboriginal

People: Pluralism, Equality and Discrimination (Reference on Aboriginal Customary Law, Research Paper No. 9). Sydney, Australian Law Reform Commission, November 1982. Pp. 56.

Discrimination 281

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law and Justice Mechanisms (Reference on Aboriginal Customary Law, Research Paper No. 11). Sydney, Australia Law Reform Commission, November 1983. Pp. 179.

AUSTRALIAN LAW REFORM COMMISSION. Aboriginal Customary Law: Problems of Evidence and Procedure (Reference on Aboriginal Customary Law, Research Paper No. 13). Sydney, Australian Law Reform Commission, March 1983. Pp. 93.

AUSTRALIAN LAW REFORM COMMISSION. The Proof of Aboriginal Customary Law (Reference on Aboriginal Customary Law, Research Paper No. 14). Sydney, Australian Law Reform Commission, April 1983. Pp. 53.

BELL, DIANE & D=ON, PAM. Law: The Old and the New; Aboriginal Women in Central Australia Speak Out. Canberra, Aboriginal Legal Aid Service, 1980.

ISBN 0 908160 77 1.

A frank discussion of the functions and position of women in Aboriginal customary law.

KIRBY, MICHAEL. `T.G.H. Strehlow and Aboriginal Customary Laws'. (1980-1981) Adelaide Law Review, 172-99.

Land rights

See also—