Abriginal Bush Law - 1 of 2 - My Country Australia - BBC Culture Documentary
Summary
TLDRThis documentary explores the potential of Aboriginal law in reducing crime in Australia. It features a Northern Territory community with a low crime rate, attributing their success to traditional justice methods. The film discusses the importance of legal recognition of Aboriginal law and culture, and the challenges faced when the Australian legal system conflicts with Aboriginal practices. It also touches on the historical injustices and the need for a new partnership approach respecting indigenous customs.
Takeaways
- 🏞️ The documentary explores the potential of Aboriginal law to reduce violent crime in Australia, suggesting that the traditional system of justice administered by tribal elders could offer solutions to contemporary issues.
- 👮♂️ An Aboriginal community in the Northern Territory has low crime rates, which they attribute to the strength of their traditional law and the respect it commands among their people.
- 📜 The community believes that Australian government recognition of Aboriginal law, language, and culture is essential for addressing the problem of growing crime and violence in Aboriginal communities.
- 🚨 A conflict arises when a police officer breaks Aboriginal law by entering a sacred site during an initiation ceremony, highlighting the tension between Western legal systems and Aboriginal traditions.
- 👶 The importance of teaching children Aboriginal law is emphasized, but the community faces challenges due to external pressures and restrictions that hinder their cultural practices.
- 🤝 There is a call for a new partnership between the Australian government and Aboriginal communities, one that respects and incorporates customary law and culture into the legal system.
- 🙅♀️ The script describes the negative impact of the Australian legal system on Aboriginal communities, including the punishment of individuals by Western law without regard for Aboriginal customs.
- 👵 The elders of the community express their desire for the Australian legal system to respect and uphold Aboriginal sacred sites and laws.
- 👥 The script discusses the historical context of European settlers' disregard for Aboriginal law upon their arrival in Australia, which has had lasting effects on the relationship between the two cultures.
- 👨👧👦 The need for a new beginning in the approach to indigenous Australians is highlighted, emphasizing the failure of old approaches and the necessity for tailored, local solutions.
- 🗣️ The documentary includes personal stories and testimonies that underscore the human impact of the legal and cultural divide between Western and Aboriginal societies.
Q & A
What is the main theme of the documentary 'My Country'?
-The main theme of the documentary 'My Country' is exploring the potential of Aboriginal law in reducing violent crime and the possibility of integrating it into the Australian criminal justice system.
How does the Aboriginal community in the Northern Territory view their own crime rate?
-The Aboriginal community in the Northern Territory believes that their low crime rate is due to the strength of their traditional law and the respect their people have for it.
What does the Aboriginal community suggest as a solution to growing crime and violence in Aboriginal communities?
-The Aboriginal community suggests that the solution to growing crime and violence will only be found if the Australian government legally recognizes the practice of Aboriginal law, language, and culture.
What incident involving a police officer is highlighted in the documentary?
-The documentary highlights an incident where a female police officer, accompanied by two male officers, entered a sacred site during an initiation ceremony, causing significant upset within the community.
What was the community's reaction to the police officer's actions at the sacred site?
-The community was very upset because the police went ahead without asking for permission or directions, disregarding the cultural significance of the sacred site.
What challenges do the elders in the Aboriginal community face in teaching their children?
-The elders face challenges in teaching their children due to external influences and restrictions from the government that prevent them from practicing their traditional customs and laws.
What historical policy is the documentary referring to when discussing the impact on indigenous Australians?
-The documentary refers to past laws and policies of successive Australian Parliaments and governments that have caused profound grief, suffering, and loss for indigenous Australians.
How does the documentary address the issue of domestic violence in Aboriginal communities?
-The documentary suggests that domestic violence is a significant issue, with young men being particularly affected, and it implies that traditional law and order could be part of the solution.
What is the community's view on the integration of Aboriginal law with the Australian legal system?
-The community would like to see Aboriginal law and culture recognized and integrated into the Australian legal system, with the possibility of individuals being punished through tribal punishment before facing the wider legal system.
What is the proposed new partnership between indigenous communities and the Australian government?
-The proposed new partnership aims for a new beginning with real measures of policy success, allowing for flexible, tailored local approaches to achieve commonly agreed national objectives, including the recognition of customary law and culture.
What is the impact of not having traditional punishment in place, as described in the script?
-The lack of traditional punishment leads to increased violence and a cycle of retribution within the community, as seen in the example of a sister who faced jail time instead of Aboriginal law's payback, causing further harm to the family.
Outlines
🏛️ Aboriginal Law and Justice in Australia
The first paragraph introduces the documentary 'My Country' by Mark Cochran, which explores the Australian filmmakers' perspectives on their homeland. It discusses the impact of European settlement on Aboriginal law, an ancient system of justice overseen by tribal elders. The documentary examines whether traditional Aboriginal methods of justice could help reduce violent crime in modern Australia. It features an Aboriginal community in the Northern Territory with a low crime rate, attributing their success to the practice of Aboriginal law and the community's respect for it. The community believes that recognizing Aboriginal law, language, and culture is key to addressing crime and violence in Aboriginal communities.
🚔 Police Intrusion and Cultural Disrespect
The second paragraph narrates an incident where police officers, including a female officer, entered a sacred Aboriginal site during an initiation ceremony, causing significant distress to the community. The community members express their anger and frustration over the lack of respect for their cultural laws and sacred sites. The incident highlights the ongoing struggle for recognition of Aboriginal rights and the need for a new approach to indigenous issues, emphasizing the importance of respecting and integrating Aboriginal law and culture into mainstream Australian society.
🤝 Seeking a New Partnership with Indigenous Australians
The third paragraph delves into the broader issues faced by indigenous Australians, including the historical injustices and the need for a new partnership based on mutual respect and understanding. It calls for a new beginning that acknowledges the failures of past policies and seeks to close the gap between indigenous and non-indigenous Australians. The paragraph emphasizes the importance of recognizing customary law and cultural practices, suggesting a two-step justice process where individuals are first punished according to Aboriginal law and then by the wider legal system. It also touches on the personal impact of these issues, as illustrated by the story of a woman whose sister was punished by the white man's law but not by Aboriginal law, leading to further conflict and suffering within the community.
Mindmap
Keywords
💡Aboriginal law
💡European settlers
💡Criminal justice system
💡Northern Territory
💡Traditional methods of justice
💡Legal recognition
💡Sacred sites
💡Initiation ceremony
💡Domestic violence
💡Customary law
💡Cultural respect
Highlights
The documentary explores Australian filmmakers' perspectives on their country's history and justice system.
European settlers' arrival in Australia led to the displacement of Aboriginal law and justice systems.
The Australian criminal justice system is considering learning from traditional Aboriginal methods to reduce violent crime.
An Aboriginal community in the Northern Territory has returned to traditional justice methods with success.
The community believes their low crime rate is due to the strength of Aboriginal law and cultural respect.
Aboriginal law and culture recognition is suggested as a solution to growing crime in Aboriginal communities.
Aboriginal elders are calling for the legal system to hold a police officer accountable for trespassing on a sacred site.
The incident of the police officer's trespass caused significant distress among the community members.
The community's concern about the lack of respect for their sacred sites and laws by the police.
The documentary discusses the impact of domestic violence in Aboriginal communities and the role of elders in maintaining order.
The film touches on the historical apology to indigenous peoples for past government policies.
Personal stories of the Stolen Generations and the lasting effects of forced removal on families are shared.
The film challenges the perception of Aboriginal people as less evolved, highlighting the need for respect and recognition.
A call for a new partnership between indigenous and non-indigenous Australians, with tailored local approaches to policy.
The desire for customary law and cultural practices to be recognized and integrated into the legal system.
The impact of the legal system on Aboriginal families when traditional punishment is not recognized.
A personal account of the repercussions faced by an Aboriginal family when traditional law is not acknowledged by the state.
The film concludes with a call for a new beginning and a reevaluation of the current approach to indigenous Australians.
Transcripts
hello I'm mark Cochran and welcome to my
country Australia where we explore what
Australian filmmakers have to say about
their own country
well when European settlers first
arrived here in Australia through the
spectacular Sydney heads one of the
first things they did was to sweep away
Aboriginal law the ancient system of
justice and retribution administered by
tribal elders now in a bid to reduce
violent crime
the Australian criminal justice system
is examining whether in fact anything
can be learned from the past in this
documentary we meet an Aboriginal
community from the Northern Territory
that has returned to the traditional
methods of justice here's my country
which law
[Music]
We the People of legend Mona from the
work we tried one of many African craft
living in Australia number canola real
evaded mother lo hará una bola and
another mom the lad Amira community has
one of the lowest crime rate of all
Northern Territory Aboriginal community
we believe the reason why we are very
little violence and crime in our
community is in the strength of what we
do law and our people's respect for it
we believe that solution to the problem
of growing crimes and violence in
Aboriginal communities will only be
found if the Australian government
legally recognised the practice of
Aboriginal law language and culture
[Music]
[Music]
what we system is a very strong and what
was it the really important what we got
teach our children like we still did
teaching our children but how can we
teach our children when we thought up
with one change and now when one hand to
be be afraid to allow to teach our
children and what we thought of the
other hand the government won't let us
do those things anymore which is really
bad for our people did I think when when
we start breaking their law Devils are
breaking our law - but we we get
punished by their Lord they don't get
they don't get punished by our Lord
so what are your different there they
work well with free
[Music]
aboriginal elders at a remote northern
church community are calling on the
strand legal system to punish a police
officer for breaking the law when she
went on to a sacred site during the
initiation ceremony they came into the
community checking up on people's
checking up on people who got no license
or smashed up cars running around but
that's okay people who saw that enough
but the problem went a little bit out of
hand I think we had female a police
officer accompanied by two male officers
they went in the areas where young
initiatives stay there away from the
community just outside of the community
and it's only a place where men didn't
go you know now women or even priests it
is Korea priests it as you know or even
the upper pieces but in a way because
they were the police and they were doing
their duty and they just went ahead and
done the investigation or security
beyond some areas that they weren't
allowed it was really terrible and
horrible fool really upset people
mother's mother's auntie's grandmothers
sisters fathers uncles grandfathers
everybody the whole community was very
upset because the police just went ahead
and did what they wanted without even
asking for directions or if they were
allowed to go in there or if it was okay
or anything like that I didn't even
bother to do that they just went ahead
and
anyway because you got that patch and
that gives her the right to call
anywhere regardless of our culture for
the significance of our sacred site why
can't the police department and police
women and men respect our sacred site
and our law without a problem with
domestic violence in the community most
of the young men damnedest you know when
we talk to them tell them not to do this
and that day listen we are Paulo is
still strong and without elders in the
community they're strong without law and
order
[Music]
by day
when what to preside that we are losing
control of our power we still got a rule
I don't see that we do our Lord not by
life day by day we still do our duty we
too should show their children the way
to govern without without people passed
away today we honor the indigenous
peoples of this land the oldest
continuing cultures in human history we
apologize for the laws and policies of
successive Parliament's and governments
that have inflicted profound grief
suffering and loss on these our fellow
Australians when I was a little boy I
remember the red truck that I began
people at the dune demo and that even
though they were taken jump me young
people who have run father mother
they went from parents ever end up in
different country with different
people's to be language children
children dream tom will not talk about
not only some of course people to Stalin
general right we had the black people
this olive generation to a song and they
died when you look when we look him back
what happened though it is when did the
night events were controlling everything
they had to do what their life with the
Aboriginal people more like they were
taking people like a shifting cattle on
one vatic you brought no joy smile no we
had no choice because in those day if I
if I said
no I were to get a big item from
bleakman o Brahma sir Brendon
career people think evolution they don't
see us as human beings
and that's where the mistake is that's
what stored in North Korea schools
that's how you make the upper people
logs and feel weak your swing a human we
never evolved probably we are still
primitive through the eyes of the valley
and that is very wrong
old man are equal for too long it's been
with our special Aboriginal people we
know what you want we know what you need
this is what you need that is what you
need this is how you do it
it's been always them telling us how to
do things how to work this and how to
make these
but the winner protecting communities
you come up will come up way and let's
work together your idea and my idea make
the money
[Music]
the truth is a business-as-usual
approach towards indigenous australians
is not working most old approaches are
not working we need a new beginning a
new beginning which contains real
measures of policy success or policy
failure a new beginning a new
partnership on closing the gap with
sufficient flexibility not to insist on
a one-size-fits-all approach for each of
the hundreds of remote and regional
indigenous communities across the
country but instead allows flexible
tailored local approaches to achieve
commonly agreed national objectives that
like the core of our proposed new
partnership we like to see how customary
law and our culture to be recognized
through the word fellows law and an
Ender system and but what we'd love to
see is you ever getting punished by
through our law through our custom and I
write and then after they've been
through our punishment our tribal
punishment they can be taken away and
dealt by the wife Ellis law it's none of
that
they're from being throughout so as a
very low punishment tribal law but I'm
Carolyn taking very careful
his lumen still live clear to family
name and glit the problem according to
our eyes throughout the way we look at
it as soon as I am as tribal people you
know you see a lot of violence when one
things like robber punishment doesn't
die place I don't need out tribe in what
we try but in other tribes in you know
all of us trying to do when travel
punishment doesn't take place before the
if the white color law comes in locks
our people oil the parents get worse
my life been really like a nightmare to
me um because my young sister Donna
manslaughter and then she's locked up in
jail even though she's she got punished
through white men but in Aboriginal law
she didn't
so she have to go back and face the
since block family
a lot of people got hurt because my
sister went in jail she didn't do a back
pay back if she could have that pay back
everybody would get hurt just I can't
get to UM
the right main person they go for the
family the closest family I'm big sister
for my young sister we from one mother
one father even if they can't get to
hear they have to get to me it took
probably one month for them to catch up
to me so I had no choice
so I went to the Oval and they herded me
probably 13 12 women's they all had
melanin and they hit me they broke this
one this one here add some stitches in
my head
swollen arm they will keep on chasing
people till they get to the right person
they'll never forget nothing
[Music]
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