By Peter Sutton
Peter Sutton highlights basic anthropological matters all in favour of common rights, kinship, id and spirituality which are hugely suitable to land declare situations. homeland claims stay essentially the most arguable political, felony and ethical matters in modern Australia. Ever because the excessive Court's Mabo determination of 1992, the try to comprehend and adapt "native name" to diverse contexts and claims has been an ongoing obstacle for all concerned.
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Additional resources for Native Title in Australia: An Ethnographic Perspective
Sample text
Rights based on spiritual or other deeper forms of identification are usually rights in estates as wholes, which are specific sets of sites usually considered to be relatively stable in composition. DEGREES OF CONNECTION VERSUS KINDS OF RIGHTS Primary and secondary rights; unmediated and mediated rights A distinction between ‘primary’ and ‘secondary’ rights in countries has been around in the anthropological literature on Aboriginal land rights for many years. In an important early paper on the question of succession to Aboriginal countries, Peterson, Keen and Sansom said: A traditional owner of a clan estate gains primary rights in his territory by patrilineal descent.
In an industrial society the rules for dealing with rights in property are geared more to transactions between strangers rather than to transactions between kin. Objective records, stable agreements and fixed and codified rights are a necessity where the social fabric has to cope with transactions between unrelated persons. Kin have many claims on each other apart from relationships to do with rights in property. Kin relations have a wide range of emotional colouration, can alternate quite quickly between solidarity and conflict, and are often the focus of feelings of jealousy, rivalry and rage as well as of loyalty and amity.
By contrast, the relationship of non-landholders to the same right to catch fish is non-essential and contractual or historical in origin, or based on less intimate forms of kinship. This does not mean, by the way, that all people who smell familiar to the spirits are therefore landholders, because anyone with a history of living in the area will have been already perceived by the Old People and thus their sweat is already familiar to the country. I have seen people ‘give smell to’ (anoint with armpit sweat) newcomers to sites which the ‘baptisers’ themselves would not dream of claiming as their own, although there is a general preference in Cape York Peninsula for this ‘baptising’ or ‘anointing’ (Cape York English), where possible, to be done by senior landholders.