Australian Native Title Anthropology: Strategic Practice, the Law and the State

The

Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of

Australia’s Indigenous peoples. The legislation established a means whereby

Indigenous Australians could make application to the Federal Court for the

recognition of their rights to traditional

country. The fiction that Australia was terra

nullius (or ‘void country’),

which had prevailed since European settlement, was overturned. The ensuing

legal cases, mediated resolutions and agreements made within the terms of the

Native Title Act

quickly proved the importance of having sound, scholarly and well-researched

anthropology conducted with claimants so that the fundamentals of the claims

made could be properly established. In turn, this meant that those opposing

the claims would also benefit from anthropological

expertise.

This is a book about the practical aspects of

anthropology that are relevant to the exercise of

the discipline within the native title context. The

engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as

ethical issues that are explored in this book. It will be of interest to all

involved in the native title process, including

anthropologists and other researchers, lawyers and judges, as well as those

who manage the claim process. It will also be

relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.