Impacts of Settlement on Aboriginal People

29. The Continuing Impact of Settlement. Changes in policy, even when addressed to problems created by the past, do not erase the past. The history of forced resettlement on reserves, the placing of many thousands of children in institutions, and the loss of land and culture are evident in the disadvantages still experienced by many Aboriginal people today. Even without forcible removal, Aborigines often had little choice but to ‘come in’ to the cities, rural centres or pastoral stations.^[37] The coming together in settlements and missions of many different groups with different languages and customs created new tensions. The availability of Western medical skills, education and technology increased the degree of contact with the outside world and Anglo-Australian ways. The increasing availability of television in rural areas and the advent of satellite communications have added further pressures. Alcohol continues to have a devastating effect. Payments of social service benefits cut across traditional kinship rules. Aborigines seeking education for their children may find that Western education tends to undermine traditional lifestyles and social structures.

30. Impact on Traditional Authority. Traditional authority and Aboriginal customary laws have been markedly affected by the processes of settlement and dispossession. Indeed, as Dr von Sturmer has pointed out:

Traditional authority was undermined even where there was no dispossession, certainly none of the sort that Aborigines were aware of. This may even be true of pastoral properties where people may have been aware that they are moving into new sorts of relationships but may have continued to believe that they owned/controlled the land. I recall that the people at Aurukun with whom I worked were quite shocked when I told them in 1970 that the government, not they, owned the land. And in many of the pastoral properties it seems that Aborigines believed they were ‘working’ the land in conjunction with the European pastoralists.^[38]

The reasons for the undermining of traditional authority go much deeper than references to alcohol, to material goods or to the influence of the mass media would suggest. The general non-recognition of Aboriginal customary laws was another factor.^[39] While the outstation movement and the granting of land rights are aspects of what has been seen as a ‘revival’ of Aboriginal traditionality and culture, it remains true that from the earliest days, European contact tended to undermine Aboriginal laws, society, culture and religion — a process which is a continuing one. Aboriginal people continue to face difficult choices about their lives and their place in their own communities. An example is the encouragement now given to the establishment of Aboriginal organisations. Aborigines elected to hold office in community councils are often younger, school-educated Aborigines who are more skilled in the ways and concepts of the wider Australian society than the elders. This can produce tensions or divisions within a community, cutting across and undermining traditional lines of authority. On the other hand this pattern is not universal’ in some communities the holders of traditional authority continue to exercise their influence through the elected office holders, while elsewhere a clear distinction may be drawn between the powers exercised by the elected council and the authority of older men or women. The granting of land, the impact of mining and the payment of royalty money has similarly. had a significant effect on traditional Aboriginal authority.^[40] Whatever the advantages to be gained by Aborigines from mining operations on Aboriginal land, or from the incorporation or registration of councils, such processes necessarily involve the members of the particular group in change and in redefinition of their relation to each other and to the wider society. These processes are Often painful, difficult and contentious.

31. Measuring Present Disadvantage. The extent of past dislocation and dispossession is well documented, but it is more difficult to assess its impact on current poverty and disadvantage among widespread and diverse Aboriginal populations. Statistics on poverty and disadvantage are inadequate and there has been a reluctance to collect or keep statistics identifying Aborigines as a separate group. Moreover statistics tend to show symptoms, not causes, and there is sometimes an assumption that the social realities they reflect are a product of external factors operating on passive (Aboriginal) populations. Statistics used to demonstrate disadvantage may also be reflecting cultural differences, and a preference by Aborigines to retain their own way of life despite those disadvantages. Nonetheless the symptoms, and the statistics, are important:

[Aborigines] probably have the highest growth rate, the highest birth rate, the highest death rate, the worst health and housing and the lowest educational, occupational, economic, social and legal status of any identifiable section of the Australian population.^[41]

There are other well known figures:

• A survey by the Aboriginal Development Commission in June 1983 showed that 6003 Aborigines were on the waiting lists of housing organisations and that an additional 2000 houses were needed to house fringe-dwellers.^[42]

• The 1981 National Population and Housing Census indicated that the annual Aboriginal income per head was approximately one-half of that of the Australian population as a whole.^[43]

• 1981 census figures show that approximately 12.5% of all Aborigines 15 and over have never attended school. This compares with 1% for the non-Aboriginal population.^[44]

• Aboriginal unemployment is almost three times the rate of unemployment for non-Aborigines. Some 23474 Aborigines (1 in 8) were unemployed as at September 1985.^[45] Twenty-five per cent of all unemployed Aborigines were under 20.

• The average life expectancy for Aborigines is much lower than for non-Aborigines. In 1981 the average life expectancy for Aborigines living in country areas in New South Wales was approximately 49 years for males and 56 years for females.^[46]

• The prevalence of the eye disease, trachoma, has been estimated to be 15 times greater for Aborigines than for non-Aborigines. In some areas of the Northern Territory and Western Australia up to 77% of Aborigines are affected.^[47]

• The number of Aboriginal children in substitute care arrangements is alarmingly high. In New South Wales, for example, as at 30 June 1981, 15% of children in substitute care (excluding adoption) were Aborigines (587 of 3836 children), although Aborigines make up less than 1% of the total population of New South Wales.^[48] This represents 5% of all Aboriginal children in substitute care compared to 0.4% of all non-Aboriginal children. In Western Australia, over 54% of the children (937 of 1710) in foster care placements are classified as Aboriginal or Torres Strait Islander; and over 58% of the children (821 of 1411) in residential child care establishments are similarly classified.^[49]

• Aborigines are grossly over-represented in Australian criminal statistics, both in terms of conviction rate and the rate of imprisonment. Aboriginal arrest rates are significantly higher than those for non-Aborigines. For example, in the Northern Territory in 1977-78, 78% of those arrested were Aborigines, but Aborigines made up only 25% of the population.^[50] Aborigines are statistically less likely to be released on bail, and more likely to be convicted than non-Aborigines. They are statistically more likely to receive a prison sentence than non-Aborigines.^[51]

• The homicide rate on Queensland Aboriginal reserves was, according to statistics gathered between 1979-81, 39.6 per 100 000 or some ten times both the national and Queensland average.^[52] The assault rate on Aboriginal reserves in Queensland was 226.05 per 100 000, while the Queensland rate was 43.85 per 100 000.^[53] Aborigines in Queensland have an imprisonment rate of 410 per 100 000, seven times greater than the general population in that State.^[54]

It is against this background of deprivation and dislocation that any examination of Aboriginal customary laws must take place. As the House of Representatives Standing Committee on Aboriginal Affairs reported:

While it would be difficult to suggest that in 1980 Aboriginals are still being subjected to the level of overt oppression and persecution that they have suffered during the past 200 years, the disadvantaged position which Aboriginals hold in society reflects this historical pattern. As a group, Aboriginals still cannot participate fully, effectively and equally in the day-to-day life of a community, notwithstanding the fact that changes in the law and social attitudes have occurred. The recent history of Aboriginal people is one of hostile dealings with non-Aboriginals and with policies of governments which have had an extraordinary impact on the Aboriginal people’s consciousness. This has helped separate Aboriginals as a group within Australian society. It is reinforced by a common resentment by Aborigines of past treatment and control by non-Aborigines and by a lack of trust of authorities including the courts, the police and the welfare.^[55]

32. The Variety of Aboriginal Experiences. However there are among Aboriginal people enormous variations in experiences and circumstances. Such variations must always have existed, but they also reflect the extent to which Aborigines have been subjected to external contact, and the very different responses different groups have adopted to such contact. For certain purposes at least, it may be necessary to distinguish Aborigines living in more remote areas whose life is still predominantly traditionally oriented from those Aborigines who have been living for some considerable time in or around cities or larger country towns, and who have modified their ways of life and social organisation to a greater or lesser extent to reflect their changed circumstances and the new pressures upon them. Three bro ad groups are commonly identified: traditionally oriented Aborigines, ‘fringe-dwelling’ Aborigines and urban Aborigines. However there are many difficulties in attempting to adopt classifications which do not take into account fluctuations in the composition and nature of the different groups, or the extent to which groups converge. Such classifications fail to take account of important Aboriginal distinctions along lines of tribe, kinship, sex and region. Nor should it be assumed that there is any inevitable or regular movement away from more traditional to less traditional ways of life. The situation varies greatly in different areas, and is influenced by such factors as economic development, the level of Aboriginal and non-Aboriginal population, the degree of government intervention or non-intervention, land rights, the outstation movement and the internal dynamics of particular communities. Some social, economic and legal difficulties are common to Aboriginal people wherever they live, and there are many continuities or similarities in Aboriginal responses to such difficulties.^[56] But it is important to be aware of varying legal and other needs and demands of Aborigines in remoter areas compared with those in urban or semi-urban areas, and of the consequent need for care and flexibility in formulating recommendations for change.

33. A Demographic Survey. The Commonwealth Department of Aboriginal Affairs estimates that there are approximately 167 600 Aborigines,^[57] representing 1.1% of the population of Australia. In contrast with the non-Aboriginal population, a considerable proportion of the Aboriginal population lives outside the metropolitan area. In 1981 some 128 000 Aborigines (80% of the total) were then living outside major urban centres.^[58] Proportionately many more Aborigines live in the Northern Territory (23.6% of the total population) than in any other State or Territory. However, the total number of Aborigines in each of Queensland, New South Wales and Western Australia is higher than in the Northern Territory. What these figures do not bring out is the fact that Aborigines in Australia today live in communities which vary enormously in size, character and location. These include small, remote communities, outstations, missions, government reserves (though the numbers of both of these have declined greatly in the last decade), groups on pastor al properties, pastoral properties owned by Aborigines, residents of country towns, camps in and around larger urban centres (eg Alice Springs, Port Augusta, Bourke), and communities in metropolitan areas. The Department of Aboriginal Affairs has made surveys of all Aboriginal communities in each State and the Territories. This statistical survey^[59] contains not only demographic details, but also information as to the educational, health, employment, community services (water supply, sewerage, electricity), housing and welfare services available. The figures obtained are very approximate, but they do give some idea of the situation. The 1977 Survey estimated the total population in these communities to be 125 097. In 1978, it was 135 600; in 1981, 208 485.^[60] Approximately two-thirds lived in or around cities and towns. In 1981 there were 893 Aboriginal communities, 500 of which were in urban areas or on reserves or camps in urban areas. According to the 1981 survey, the numbers in each community were as follows: of 893 communities,

Thus 86% of these communities had fewer than 300 members and 90% fewer than 400. Indeed if urban communities are subtracted, 92% of these communities number less than 400. There were then 116 communities numbering more than 400, of which only 37 were not in or around urban areas. In all communities at least half the population would be children.^[61]

34. Traditionally Oriented Aborigines. For practical purposes there are no Aboriginal people who have not had at least some contact with Australian society. A group of nine members of the Pintubi language group, remade contact with their relations at an outstation in Western Australia in October 1984 after living for more than twenty years in complete isolation near Lake Mackay.^[62] This process of ‘coming in’ had been occurring, even in the remote areas of Australia, for a considerable time. For particular groups the following dates of first substantial contact have been given:

‘Coming in’ did not mean that the areas from which groups and families came remained unpopulated or unvisited. And some family groups remained outside the orbit of European influence (though not necessarily ‘uncontacted’) until very recently. The following dates have been given for the time the last members of a language group left their nomadic life and joined relatives on settlements and missions:

The gradual effects of contact have been, in most cases, so clear and disturbing that nearly 30 years ago a leading scholar sympathetic to Aboriginal people and Aboriginal tradition, in referring to Aboriginal societies and cultures that had ‘the minimum of association with Europeans’, could confidently assert that:

Aboriginal traditional life as a functioning reality and as a major emphasis will have virtually disappeared from the face of this continent within the next ten years or so.^[65]

At that time the evidence suggested an acceleration of the disappearance of traditional Aboriginal cultures and societies. That process has been stemmed (at least to some extent) by developments such as the gradual modification and eventual abandonment of the policy of assimilation, the upsurge of interest, as well as advantages, in developing and emphasising Aboriginal identity, the spread of the ‘homeland’ or ‘outstation’ movement and the conferral of land rights based on traditional affiliations. Even before the land rights movement really took shape, the concern in some States to protect Aboriginal sites of significance was a contributing factor.^[66] Non-Aboriginal Australians have consistently tended to understate the continuity and flexibility of Aboriginal traditions and patterns of living, including their capacity to adapt to changing circumstances. The point was made by Professor Berndt in a submission to the Commission:

Today, I would still say that while change is proceeding at a rate greater than ever before, what passes for a traditional Aboriginal life-style continues and is still significant in a number of areas. However, while Aboriginal identification, among other things, has sustained the continuing importance of this life-style, it is substantially different from what it was in most areas, say, two decades ago.^[67]

Thus it is possible to suggest that there has been a revival, in some areas and in some respects, of traditional ways,^[68] assisted perhaps by a climate of opinion more accepting of Aboriginal traditions, and of Aboriginal self-management or self-determination.^[69] Alternatively, what is perceived as a ‘revival’ may be only a more open assertion of practices, beliefs and traditions which had not been suppressed as much as concealed.^[70] Whichever is the better view of these processes, the conferral of land rights based on traditional associations with land has undoubtedly been an important factor.^[71] The availability of land has been one factor in the ‘outstation’ movement, which has resulted in many Aboriginal people moving from towns, missions or settlements to remote areas of northern and central Australia to establish small communities (‘homeland centres’) where they may retain and develop or redevelop a more traditional lifestyle. Such places have provided, in many cases, an environment where traditional leadership may be re-established, controls placed on the availability of alcohol, and traditional family and kin ties strengthened.^[72] In recent years the movement has gained momentum, particularly in the Northern Territory. In 1978, there were 113 outstations or homeland centres in the Northern Territory with approximately 3300 residents. By 1981, there were 158 such centres with a population of approximately 4100 residents.^[73] Aborigines living on outstations come into contact with the legal system to a much lesser extent than do other Aborigines. These developments do not however solve the problems of isolation and socio-economic disadvantage. Few Aborigines living in remote communities are employed. Compared with earlier years, few participate in the pastoral industry, which now requires a reduced, and predominantly seasonal, labour force. Traditionally oriented Aborigines have limited access to health and education facilities — a problem also for non-Aborigines residing in remote areas. Adequate sanitation and water supplies are high priorities, as are improved means of communication.^[74] There are also problems in providing appropriate educational facilities in remote regions. The alternative of leaving the community for schooling in cities many miles aw ay can be fraught with difficulties.

35. Urban Aborigines.^[75] Urban Aborigines include those living in towns (such as Alice Springs, Bourke and Lismore), or in capital cities (including communities such as La Perouse and Redfern in Sydney, Fitzroy in Melbourne and Port Adelaide). Most city dwellers live in conventional houses and make use of general services such as schools, hospitals and shopping facilities. Unemployment problems are particularly severe, making it difficult to pay the sums necessary for rental accommodation. The creation of Aboriginal Hostels Ltd and the provision of Aboriginal housing have to some extent reduced, but by no means fully met, these housing needs. Discrimination in the work force, in acquiring accommodation and in relation to the law is evident in the city areas, and is exacerbated, in some cases, by poor Aboriginal/police relations. Kin obligations and other practices such as sharing can create conflicts with welfare and housing authorities and may place heavy demands on the economic resources of city dwellers, but they may also help people overcome problems of limited resources.^[76]

36. Fringe Dwellers or Town Campers. Between these two groups is a large number of Aborigines for whom traditional Aboriginal law, culture and ways of life have been extensively modified by residence close to towns or cities. Fringe-dwellers (or town campers) have been defined as:

… any group of Aboriginals living at identified camp sites near or within towns or cities which form part of the socio-cultural structure of the towns and cities, but which have a lifestyle that does not conform to that of the majority of non-Aboriginal residents and are not provided with essential services and housing on a basis comparable to the rest of the community.^[77]

In its Report on strategies to overcome the economic and social problems of fringe dwellers, the House of Representatives Standing Committee on Aboriginal Affairs estimated that there were in 1982 between 15650 to 19600 town campers in approximately 206 communities in mainland Australia,^[78] and identified three types of people who lived in town camps. They were the permanents (who had been forced into fringe settlements by loss of employment opportunities or lack of facilities in their home communities, by the effects of government policy, by pressures of urban life, or possibly in an attempt to flee from tribal authority and laws), the transients, and the homeless drifters.^[79] The Committee found that employment opportunities in the camps were few^[80] and that most of the income of the communities was derived from government services.^[81] Alcoholism and alcohol abuse present continuing problems,^[82] although town campers have their own strategies for living and coping with problems.^[83] For example, there is evidence that women are demonstrating leadership and strength in Aboriginal town camps.^[84] Fringe communities in general face problems of inadequate housing^[85] and lack of water, sewerage, transport and other facilities.^[86] The Department of Aboriginal Affairs has stated that educational problems are ‘almost certainly worse for all children coming from fringe areas than for their peers from elsewhere’.^[87] Social disruption and frequent conflict with the police and the courts are similarly part of fringe dwelling life.^[88] These are characteristic examples of the economic and social deprivation shared both by remote and urban Aboriginal communities. They do not, for the most part, involve questions of the recognition of Aboriginal customary laws, although issues such as the policing of town camps and local justice mechanisms are relevant.^[89]