Bloody but unbowed : how international and national legal norms and frameworks can improve recognition and inclusion of Aboriginal and Torres Strait Islander knowledge in Australian environmental decision-making

Abstract

The Earth's natural and cultural resources are disappearing at an unrelenting pace, adversely affecting both human and non-human species. Solutions to these challenges derived from legal framework requires a shift towards creative and interdisciplinary approaches. Increased reference to knowledges held and protected by Indigenous custodians and inclusion of their input into decision-making particularly related to natural resource protection and development, form part of this shift. Legal frameworks globally, have begun to include references to Indigenous knowledges (IK) as important knowledge sources included in national constitutions as well as environmental and cultural heritage protection laws. In Australia, Indigenous knowledges have been referenced as important sources of knowledge in laws at national, state and local levels. Custodians of IK may be consulted in the decision-making process particularly in environmental matters; however, it is generally subject to the discretion of the decision-makers. This thesis considers IK in the context of the relationship, rights and needs of Aboriginal and Torres Strait Islander knowledges custodians as determined by them. A key starting point is to consider whether these knowledges, and its custodians, are respected and consulted effectively. Consideration would also be given as to whether their voices are heard within Australian environmental law and governance frameworks in accordance with international law and policy, which incorporates Indigenous self-determination. This requires enabling laws and institutions to address the dispossession and disempowerment suffered by Aboriginal and Torres Strait Islander communities by colonial powers and the impediments of both past and current governance. The thesis cannot address and make an in-depth analysis into all these complex issues simultaneously. It does not attempt to know, or articulate, Aboriginal and Torres Strait Islander knowledges in the vastly different nations, cultures and ecosystems throughout Australia. This is sui generis to Indigenous peoples and their Country. Direct Indigenous voices and institutions should determine whether IK can be revealed and applied in the wider context of EDM. However, this thesis can delve further into these issues to provide a base of knowledge for the reader to begin comprehending the complexity and importance of IK and its place in the Australian legal framework to improve EDM. Focus is placed on the value and recognition of IK within the legal system and processes for empowering the holders of IK to be a powerful and effective voice within EDM. The proposed approaches can only facilitate improved environmental governance. Achieving the integration and implementation of IK in EDM requires wider legal, political, economic and social change towards Aboriginal and Torres Strait Islander self-determination.

Date of Award	2019
Original language	English