Abriginal Bush Law - 1 of 2 - My Country Australia - BBC Culture Documentary

Summary

This 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

00:00

🏛️ 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.

05:03

🚔 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.

10:08

🤝 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.

Keywords

💡Aboriginal law

Aboriginal law refers to the traditional legal systems of Indigenous Australians, which have been in place for tens of thousands of years. It encompasses a complex set of customs, practices, and protocols that govern social behavior and conflict resolution. In the video, the community from the Northern Territory is returning to these traditional methods of justice to reduce crime rates, highlighting the effectiveness of Aboriginal law in maintaining social order and harmony.

💡European settlers

European settlers are individuals who arrived in Australia from Europe, beginning in the late 18th century. Their arrival marked the beginning of colonization and had a profound impact on Indigenous Australian societies, including the displacement and suppression of Aboriginal law. The video discusses the historical context of European settlement and its role in sweeping away Aboriginal legal systems.

💡Criminal justice system

The criminal justice system is the set of agencies and processes established by governments to administer justice, focusing on the identification, apprehension, and punishment of individuals who commit crimes. The video explores the Australian criminal justice system's efforts to learn from the past and incorporate elements of Aboriginal law to address contemporary issues of crime and violence.

💡Northern Territory

The Northern Territory is a federal territory in Australia, known for its diverse Indigenous communities. In the video, it is highlighted as the location of an Aboriginal community that has successfully implemented traditional justice practices, resulting in one of the lowest crime rates in the region. This serves as an example of the potential benefits of integrating Aboriginal law into modern legal frameworks.

💡Traditional methods of justice

Traditional methods of justice refer to the customary practices and rituals used by Indigenous communities to resolve disputes and maintain social order. The video documents how an Aboriginal community in the Northern Territory has returned to these methods, which are deeply rooted in their cultural heritage and values, as a way to combat crime and promote respect for the law.

💡Legal recognition

Legal recognition refers to the formal acknowledgment and acceptance of certain practices, rights, or systems by a governing authority. In the context of the video, Aboriginal communities are advocating for the Australian government to legally recognize Aboriginal law, language, and culture as a means to address issues of crime and violence within their communities.

💡Sacred sites

Sacred sites are places of significant cultural, spiritual, or historical importance to Indigenous peoples. The video discusses an incident where a police officer entered a sacred site during an initiation ceremony, causing distress within the community. This highlights the importance of respecting and protecting sacred sites as part of recognizing and integrating Aboriginal law.

💡Initiation ceremony

An initiation ceremony is a ritual that marks an individual's transition into a new status or phase of life within a community. In the video, the police officer's intrusion into such a ceremony at a sacred site is depicted as a violation of Aboriginal cultural practices, underscoring the need for greater understanding and respect for Indigenous traditions.

💡Domestic violence

Domestic violence refers to violent or aggressive behavior within the context of a family or intimate relationship. The video touches on the issue of domestic violence within Aboriginal communities and suggests that the strength of traditional law and order, as maintained by community elders, could be a key factor in addressing this problem.

💡Customary law

Customary law, in the context of the video, refers to the traditional laws and practices that have been passed down through generations within Indigenous communities. It is distinct from the imposed legal systems and is seen as a potential solution for addressing crime and maintaining social cohesion. The video emphasizes the desire for customary law to be recognized and integrated with the wider legal system.

💡Cultural respect

Cultural respect is the acknowledgment and appreciation of the customs, beliefs, and practices of different cultures. The video illustrates the importance of cultural respect in the interactions between law enforcement and Indigenous communities, particularly in regard to sacred sites and traditional practices. It suggests that a lack of cultural respect can lead to misunderstandings and conflicts.

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]