The Social Construction of Indigenous `Native Title' Land Rights in Australia

Abstract

Legal scholars and political theorists dominate academic writing on the issue of indigenous peoples' rights. This article, however, adopts a sociological approach, analysing indigenous rights in Australia as a socially constructed phenomenon, the product of ideals, entrenched colonial structures and the balance of power between political interests. It shows how, during rights institutionalization processes, ably aided by a receptive government and media, commercial lobby groups constructed propaganda campaigns to further their interests to the detriment of indigenous interests. The resultant legislation was an exercise in rights limitation behind a veneer of agrarian reform. The article concludes by highlighting the tension between national rights regimes of this nature and international human rights norms and suggests an approach that could overcome this problem.

Representing 'Australian Land'

“…Secondly, and in a related vein, native title has, since its conception, been constructed as a threat to Australia and Australian (i.e., non-Indigenous) development, and the media has been complicit with this. As Short (2007) argues, the very concept of native title posed, and still poses, a problem for certain sectors of mining and agricultural interests, and as such these interests have been known to lobby extensively for changes, arguing that native title claims on Australian land amount to a "crisis". In relation to this, Short argues: "The media, as one of the key institutions that can promote misinformation, took a lead role in aiding this construction" (Short, 2007, 861), thereby reinforcing the views of mainstream interests.…”

Ecocide, genocide, capitalism and colonialism: Consequences for indigenous peoples and glocal ecosystems environments

“…Donaldson and Kymlica, 2011). Essentially, the political economy of genocide involves a process of, first, primary accumulation, which facilitates and consolidates de facto and de jure territorial terms, such as Australia (Short, 2007(Short, , 2010a(Short, , 2010b(Short, , 2016, or Canada (Crook & Short, 2013;Huseman and Short, 2010;Samson, 2003), this is a contemporary, ongoing lived experience. In the past, ABD meant both extra-economic dispossession and the process of proletarianization.…”

Media Constructions of Aboriginality: implications for engagement with coal seam gas development in Australia

“…(Meadows 2001, p. 19) The media's influence in shaping attitudes and beliefs, particularly in regards to Aboriginal peoples, is widely acknowledged (Fleras & Kunz 2001;Short 2007). Consequently, the media have a fundamental role in how the majority of nonAboriginal Australians perceive Aboriginal peoples (Meadows 2001;Cowlishaw 2009).…”