An Opportunity Lost for Aboriginal Self-Determination: Australia's Compliance with ILO 169
AbstractIn 1989 the members of the International Labour Organisation (ILO) adopted Convention 169 - Concerning Indigenous and Tribal Peoples in Independent Countries. The paper addresses the requirements of articles 8 and 9 of ILO 169 and whether WA complies with these. It examines primarily the interplay between the customary law of Australian Aboriginal people and the criminal justice system of Western Australia. The author concludes that compliance is limited to taking into account customary law when applying non-Aboriginal law and not so much compliance with the requirements of respect for Aboriginal law and institutions. |