Most people against recognising Aboriginal customary law think there’s only one law in Australia.
Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
Has anything changed in the 30 years since the ALRC’s Recognition of Aboriginal Customary Laws report?
The Recognition of Aboriginal Customary Laws examined the interaction between two legal systems – one based in British law and the other in the customary laws of the Aboriginal peoples of Australia.
Country provides a site where Aboriginal and mainstream forms of law can come together and have dialogue – an outcome made possible by Eddie Mabo (L).
The ALRC report made some useful recommendations about how settler law could deal more fairly with Aboriginal people by taking their traditions and customs into account.