Relationships to Country, culture and law

Aboriginal & Torres Strait Islander peoples are intrinsically creative and spiritual people. As Anna Dwyer states, “People, their Dreaming place, language, kinship systems, law and culture are all connected with Country” (2012). Taking care of Country is the most important aspect of Aboriginal culture, as Country is kin, and healthy Country means healthy people. A frequent catchphrase campaigns for, ‘Right people, right country, right way’. The underlying premise of this is all about relationships: Relationships to Country, relationships to people, and relationships to a living cultural practice.?

This essay covers three foundational aspects of Aboriginal culture: Country, culture and law. It discusses these elements and their relationships firstly from a traditional understanding, and secondly by discussing how these relationships are being nurtured in contemporary society. It finalises by discussing the broader Australian community’s relationship to these themes, as highlighted in key case studies, readings and coursework.?

Relationships to Country?

Traditional relationships and obligations

Aboriginal & Torres Strait Islander relationships to Country are deeply rooted in their cultural heritage and spiritual beliefs. The importance of caring for Country is paramount, as it encompasses not only the physical land but also the seas, rivers, waterholes, and all living beings that inhabit these spaces. Aboriginal people possess an intricate knowledge of how the land works, understanding the seasonal variations and the interconnectedness between different flowering plants and the proliferation of native animals (Dwyer, A. 2012). This holistic understanding allows First Nations peoples to manage and sustain the resources provided by their surroundings effectively.

Aboriginal & Torres Strait Islander people's spiritual understandings and cultural practices are intricately intertwined with their connection to Country. Their relationship with the land extends beyond tangible artefacts and includes their Dreaming place, language, kinship systems, law, and culture (Rose, D. B. 1996). Country, contrary to Western relationships, is considered a valuable cultural resource that preserves and transmits traditions, knowledge, and identity.

This relationship to Country is multifaceted, encompassing spiritual, cultural, familial and ecological dimensions. In this way, Country is kin to First Nations peoples. Therefore, the care and preservation of Country is crucial to Aboriginal identity and the legacy of their cultural practices. By giving access to traditional lands and fostering these connections, Aboriginal people can continue to practise their traditions, take care of and protect their ancestral lands, and maintain the intricate balance between humans and the natural world.

Contemporary expressions of caring for Country

Several contemporary issues shape and influence Aboriginal & Torres Strait Islander peoples connections to Country beyond their foundational obligations and relationships. One crucial concern is the preservation of Aboriginal-led ecological governance, land management and conservation which upholds traditional practises and knowledge techniques whose ‘integrity has not been transformed by Western modernity’, as highlighted by Peter Yu (2016). Aboriginal people understand the intricate balance and interconnectedness of the natural environment, and their custodianship of Country is rooted in the sustainable management of its cultural and ecological resources. However, the encroachment of modern development, resource extraction and climate change pose significant challenges to maintaining the integrity of Traditional Owner lands.

Another contemporary issue revolves around the economic opportunities available to Traditional Owners. While the Northern Territory Land Rights Act provides provisions that allow Aboriginal communities to generate income from their land holdings, the Native Title Act and state land laws do not adequately support wealth creation on communally owned land. This disparity hinders the ability of Aboriginal & Torres Strait Islander communities to fully engage in sustainable economic development, such as cultural and ecological tourism, which could otherwise contribute to sustaining Indigenous livelihoods on traditional country, creating an inclusive economy, enabling self-determination and improving socio-economic outcomes (Yu, P. 2016).

Despite these challenges, the Native Title Act recognises and affirms that Aboriginal & Torres Strait Islander relationships and obligations to land have not been “washed away by the tide of history” (Edmonds, F. 2012). This acknowledgement reinforces the enduring significance of Country in Aboriginal culture and the ongoing recognition of their rights to land and waters.?

In order to maintain this connection and ensure the well-being of Country, various measures have been implemented. These measures involve regulating access to Country by issuing and enforcing permits, designating specific areas for visitor access, and implementing Traditional Owner Ranger programs for Aboriginal Men and Women (Dwyer, A. 2012). These Ranger programs embody the principle of ‘right people looking after the right Country’, as they grant cultural authority to Traditional Owners in protecting their lands and waters (Dwyer, A. 2012).

Additionally, family-based outstation communities have been established to enable Aboriginal & Torres Strait Islander people to reside closer to their Country. This enables them to fulfil their obligations and responsibilities to Country while ensuring that younger generations grow up with a deep understanding of relationships to their land, family, culture and community.

Relationships to culture?

Traditional expressions of culture

Aboriginal expressions of culture are rooted in belief systems that establish and uphold cultural obligations to Country (Dwyer, A. 2012). These belief systems form the foundation for the preservation and transmission of cultural knowledge, which is intricately linked to land, language and kinship practice systems. Aboriginal culture places great importance on the transmission of knowledge through oral mediums, as language is an effective method to communicate connections between people, places and social structures. Language is the primary vehicle for the preservation, expression and legacy of cultural values, traditions and histories.

In Aboriginal & Torres Strait Islander culture, language holds immense importance and contributes to an enduring cultural identity. Language is the binding force between law, culture and Country. Without language, meanings and cultural nuances are lost. Language enables effective communication and cultural transmission and embodies the inherent connection between people, their cultural practices and the land they belong to. Anna Dwyer (2012) emphasises the significance of language, highlighting its vital role in maintaining the integrity and richness of Aboriginal & Torres Strait Islander culture, as observed in Putuparri and the Rainmakers (Ma, N. 2015) when they sang to Country to let it know they were coming, and they were there.

Contemporary mediums and cultural expressions

Aboriginal expressions of culture are intricately connected to contemporary issues. Universal themes of dispossession and the ongoing struggle for survival resonate across the nation, highlighting the ongoing challenges faced by Aboriginal people (Edmonds, 2012). In response, various mediums have emerged for Aboriginal people to assert their Aboriginality and reclaim their culture and identity in new and dynamic ways. Artistic practices play a significant role in stimulating cultural awareness and revealing a "hidden history", allowing Aboriginal artists to articulate perspectives on their history and culture (Edmonds, 2012). These representations of Aboriginality contest the notion that Aboriginal culture is fixed in another time and place, positioning it as modern, urban, contemporary, and authentic.

The creation of artworks, such as murals, also serves as a powerful means of remembering history from an Aboriginal perspective and challenging mainstream social and political attitudes (Edmonds, 2012). These murals mark both memory and place for the Aboriginal community, acting as counter-representations that contest outsider perceptions of Aboriginality. They not only advance cross-cultural dialogue but also seek recognition of the right to be different, equality, and social justice within broader society. In ‘Making Murals, Revealing Histories’ (2012), Fran Edmonds writes of the murals by the Aboriginal Advancement League in Northcote:

”The murals discussed in this paper mark both memory and place for the Aboriginal community in Melbourne’s inner north and are counter-representations of mainstream social and political attitudes, contesting outsider perceptions of Aboriginality… Their large-scale and prominent positions potentially advance cross-cultural dialogue and enhance understandings of Aboriginal experiences, while endeavouring to advance the struggle for the right to be different and for issues of equality and social justice to be recognised by the broader society.”?

Relationships of law?

Traditional Aboriginal law practices?

Aboriginal relationships to law involve the recognition of cultural governance, kinship systems and social organisation, as well as the management of Country based on common law rights. Recognition of cultural governance and social organisation is evident in the acknowledgement of the risks associated with entering sacred traditional ceremonial grounds and the adherence to the practice that specific locations can only be accessed by either men or women, with the aim of safeguarding visitors and preserving the sanctity of these revered sites (Dwyer, 2012). If these cultural governance practices are not adhered to, traditional ‘pay back’ systems demand a quick and swift punishment, such as non-fatal spearing through the leg.

Aboriginal relationships to law are complex, encompassing both Aboriginal traditional law practices and the jurisdiction of Australian police and courts. Conflicts can arise when Aboriginal traditional law practices clash with the jurisdiction of Australian police and courts. The imposition of Western legal systems on Aboriginal communities can create tensions and challenges in resolving legal matters. Aboriginal people often have distinct approaches to justice and dispute resolution, which may not align with the procedures and processes of the Australian legal system. This can result in conflicts where Aboriginal cultural values and practices come into conflict with mainstream legal frameworks.

Contemporary relationships of law and lore

In addition to Aboriginal practices of customary law, contemporary issues are further shaping these dynamics. Kimberley Traditional Owners have organised themselves into "cultural blocs" when making decisions that affect their lands and communities. These cultural blocs represent a cultural sphere of influence, encompassing multiple language or Traditional Owner groups that share common cultural features related to language, laws, and belief systems (Griffiths & Kinnane, 2011). This approach allows for collective decision-making and the preservation of cultural governance structures within the region.

The progression of Native Title applications is a significant contemporary issue for the Kimberley region. Traditional Owners are negotiating to secure agreements of local and regional significance that take the impacts on lands and communities into consideration, whilst also prioritising the protection of cultural and natural heritage. An important result of this approach is the adjustment of colonial boundaries imposed onto the Kimberley region, bringing them into closer alignment with Traditional Owner governance structures (Dwyer, A. 2012). In this way, Traditional Owners are reclaiming their authority and reshaping boundaries to better reflect their connections, obligations and relationships to the land.?

Furthermore, efforts are being made to address and navigate the intersection between Aboriginal traditional law and the Australian legal system. Collaborative approaches that incorporate cultural understanding, sensitivity and respect for Aboriginal customary law are being explored, in particular by the Australian Police and community Elders. Alternative dispute resolution mechanisms, such as ‘circle sentencing’ or Indigenous courts, are being established to provide spaces where Aboriginal customary law and practices can be considered alongside Australian law (Dwyer, A. 2012).

Relationships in contemporary Australian society

The relationship between Aboriginal & Torres Strait Islander peoples and the broader Australian community is complex and shaped by prevailing colonial frameworks. Anna Dwyer (2012) highlights that these frameworks continue to undermine the legitimisation of Aboriginal knowledge to manage their homelands, which presents obstacles to the recognition and advancement of self-determination. Moreover, Aboriginal relationships with non-Aboriginal Australia are often limited by the expectation that Indigenous culture should fit into preconceived and acceptable notions of "Aboriginalness." This restrictive approach denies the diversity and complexity of Aboriginal cultures and imposes narrow definitions of authenticity (Yu, P. 2016).

Peter Yu (2016) argues that despite the need for improved relationships between Aboriginal and non-Aboriginal Australia to create an inclusive economy, the existing approaches often fall short, merely rebranding old schemes without genuine transformation. Furthermore, the perpetual portrayal of First Nations peoples through a deficit sense reinforces negative stereotypes and power imbalances (Yu, P. 2016).?

Modern expressions of traditional Aboriginal lifestyles and culture can face resistance from mainstream Australia, with some labelling it as “racist” (Edmonds, F. 2012). This indicates a lack of understanding and appreciation for the richness and complexity of Aboriginal cultural practices, as well as a failure to recognise the agency and autonomy of Aboriginal communities in defining their own cultural expressions. Addressing these issues requires a shift towards more inclusive and transformative approaches that value the diversity and authenticity of Aboriginal cultures.?

Conclusion

In conclusion, traditional Aboriginal relationships are being reshaped through various contemporary efforts for Aboriginal self-determination. By reclaiming art, culture, law, and language, First Nations communities are challenging and redefining the narrow concept of 'Aboriginality' imposed by non-Indigenous Australia. These modern expressions untether Aboriginal identity from the ‘traditional, black, and remote’ stereotype and showcase the diversity and dynamism of Aboriginal cultures and Country-led practices.?

A greater understanding of Aboriginal ways of knowing and being is crucial for fostering meaningful cross-cultural encounters and building bridges between Aboriginal and non-Aboriginal Australia. Rather than assimilating one culture into the other, it is essential to frame new outcomes that support the coexistence and mutual respect of both ways of being (McCrohan, 2016). By addressing contemporary issues such as ecological integrity, economic opportunities and legal recognition, Aboriginal relationships to Country and culture can be strengthened. Indigenous cultural economies are playing a vital role in sustaining livelihoods and fostering an inclusive economy, emphasising the significance of recognising and supporting First Nations contributions. These efforts support the preservation of Aboriginal culture, empower Traditional Owners to manage and protect their ancestral lands, and challenge preconceived notions through artistic expressions.

Through the recognition of Aboriginal rights and perspectives, as well as the gift of Aboriginal cultural, social and creative capital, a more inclusive and culturally rich society can be achieved, benefiting the relationship between Aboriginal people and wider Australian society.

References

Andrews, D. & McCrohan, P. (2016). Inspiring Change: Aboriginal people and their communities.

Dwyer, A. (2012). Pukarrikarta-jangka muwarr - Stories about caring for Karajarri country. University of Notre Dame Australia.

Edmonds, F. (2012). Making murals, revealing histories: Murals as an assertion of Aboriginality in Melbourne’s inner north. AIATSIS Research Publications.

Griffiths, S. & Kinnane, S. (2011). Kimberley Aboriginal Caring for Country Plan. Kimberley Language Resource Centre.

Ma, N. (2015). Putuparri and the Rainmakers. SBS. https://www.sbs.com.au/ondemand/movie/putuparri-and-the-rainmakers/634371139588

Rose, D. B. (1996). Nourishing Terrains: Australian Aboriginal Views of Landscape and Wilderness. Australian Heritage Commission.

Yu, P. (2016). Keynote Address Northern Development Conference. Nyamba Buru Yawuru Ltd.?