scholarly journals Law, Justice, and Indigenous Intergenerational Trauma—A Genealogy

Author(s):  
David McCallum

Aboriginal Australians experience trauma that is linked to continuing colonising practices in the present, and which are also reproduced throughout the more than 230 years of colonisation. Intergeneration trauma intersects with the over-representation of Aboriginal people in the welfare and justice systems. This paper examines evidence of the relations between trauma and colonialising practices imposed on Indigenous peoples, as past and present conditions leading to intergenerational trauma. Historical and present-day conditions affecting Aboriginal children and families are shown to set in place the conditions producing trauma over time.

2015 ◽  
Vol 15 (2) ◽  
pp. 50 ◽  
Author(s):  
Carolyn Holdom

<p><em>The ongoing issue of Aboriginal disadvantage, particularly the overrepresentation of Aboriginal people in Australian prisons warrants a change in sentencing practices and outcomes. There is a current failure by Australian Courts to properly account for the systemic disadvantage suffered by Aboriginal Australians during the sentencing process. Given the intergenerational impacts of colonisation and an arguable new generation of institutionalised Aboriginal children, consideration of the effects of colonisation is still largely relevant today. The High Court in Bugmy v The Queen<a href="#_ftn1"><strong>[1]</strong></a> and Munda v Western Australia<a href="#_ftn2"><strong>[2]</strong></a> have provided little assistance, however the law in Canada could assist Australian courts when it comes to sentencing Aboriginal offenders. </em></p> <div><br /> <hr size="1" /><div><p><a href="#_ftnref1">[1]</a> <em>Bugmy v The Queen</em> (2013) 302 ALR 192.</p></div> <div><p><a href="#_ftnref2">[2]</a> <em>Munda v Western Australia</em> (2013) 302 ALR 207.</p></div></div>


2021 ◽  
pp. 016059762110015
Author(s):  
Tracey A. Bone ◽  
Erin Wilkinson ◽  
Danielle Ferndale ◽  
Rodney Adams

In the growing field of colonial and anti-colonial research, many parallels have been drawn between Westernized countries including Australia and Canada. In both of these countries, there is considerable academic, community and governmental recognition of historic, and continuing, colonizing of Indigenous peoples and the subsequent impacts on Indigenous cultures. Terms such as transgenerational trauma and intergenerational trauma give language to the ongoing impact of colonization on communities, which in turn serves to legitimize the need for mental wellbeing supports and associated funding. However, there are other minority communities that are similarly oppressed and colonized but do not experience the same legitimization. One such community is the Deaf community. Deaf people continue to experience systemic oppression and colonization within our hearing centric society. Building on the work of Batterbury, Ladd and Gulliver (2007), we extend discussions on the parallels between Indigenous and Deaf communities of Australia and Canada, drawing on the established and commonly discussed link between the impact of racism and colonization on (mental) health. We connect these discussions to modern instances of colonization including the aspect of deaf education to illustrate a “living” mechanism through which colonization continues to impact mental wellbeing in the broader Deaf community.


1973 ◽  
Vol 1 (2) ◽  
pp. 38-43
Author(s):  
P. egens

I feel rather diffident in opening this topic as there are some of you who are far more experienced in this field than I am.I think that, in talking about the Aboriginal people, some basic premises should be stated first. The Aboriginal people had a highly developed tribal system and a much higher ethical structure than the white man has. By contrast, an excellent study of Australian values is contained in a book by Ronald Conway, a Melbourne Psychologist, called The Great Australian Stupor. His equation of the Australian value system is as follows:Material Wealth = Pleasure = Happiness= Reason for Living.He writes –Whereas the Aboriginal trod his enchanted earth for centuries on tip-toe, leaving the delicate balance of nature of a tired continent intact, the white settler preferred to greet the touchiness of Australian climate and soil with a murderous impatience.When the white man came to this continent he took the best land for agricultural purposes. He broke up the tribal system so that the Aboriginal people were left leaderless and landless. Now we expect, in our schools and other aspects of our society, that the Aboriginal people will bridge the gap to a super-industrial civilization (with its questionable value system) in two or three generations.


1999 ◽  
Vol 23 (6) ◽  
pp. 364-366 ◽  
Author(s):  
Jonathan Laugharne

When the Australian Governor General, Sir William Deane, referred in a speech in 1996 to the “appalling problems relating to Aboriginal health” he was not exaggerating. The Australia Bureau of Statistics report on The Health and Welfare of Australia's Aboriginal and Torres Strait Islander Peoples (McLennan & Madden, 1997) outlines the following statistics. The life expectancy for Aboriginal Australians is 15 to 20 years lower than for non-Aboriginal Australians, and is lower than for most countries of the world with the exception of central Africa and India. Aboriginal babies are two to three times more likely to be of lower birth weight and two to four times more likely to die at birth than non-Aboriginal babies. Hospitalisation rates are two to three times higher for Aboriginal than non-Aboriginal Australians. Death rates from infectious diseases are 15 times higher among Aboriginal Australians than non-Aboriginal Australians. Rates for heart disease, diabetes, injury and respiratory diseases are also all higher among Aboriginals – and so the list goes on. It is fair to say that Aboriginal people have higher rates for almost every type of illness for which statistics are currently recorded.


2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Oleg SPÎNU

Discrimination in the postmodern society can have many different causes and can affect people of different racial, ethnic, national or social backgrounds, such as communities of Asian or African descent, Roma people, indigenous peoples, Aboriginal people and people of different castes. Discrimination can also refer to people of different cultural, linguistic or religious backgrounds, people with disabilities or the elderly. Moreover, people can be discriminated because of their sexual orientation or preferences. Gender-based discrimination is also common, despite progress in many countries. Women are also particularly prone to violent and abusive practices, and therefore often suffer from a double discrimination, both because of their race or origin and because of their gender, which is why feminist literature in recent years points to new acts or forms of discrimination against women. A major problem in the postmodern world is the discrimination that many people are subjected to, especially women and children, because they live in extreme poverty. These circumstances may force them to migrate and further contribute to a conceptual or social contamination, that may aggravate discriminatory tendencies in the societies where they migrate. The article aims to theoretically analyse the degree of functionality that the principle of non-discrimination based on gender, race, religion and sexual orientation has in the contemporary, postmodern, individualistic society.


Author(s):  
Alex Latta

States’ increasing recognition of Indigenous rights in the realm of natural resources has led to a variety of co-management arrangements and other forms of melded authority, evolving over time into increasingly complex governance relationships. This article takes up such relationships within the analytical frame of multilevel governance, seeking lessons from the experiences of Indigenous involvement in water policy in Canada’s Northwest Territories (NWT). It examines the way that effective collaboration in resource governance can emerge within the space of tension between evolving Indigenous rights regimes and the continued sovereignty of the state. At the same time, the analysis raises questions about whether multilevel governance can contribute to meaningful decolonization of relationships between settler states and Indigenous Peoples.


2020 ◽  
pp. 41-56
Author(s):  
Mikhail Yu. Martynov ◽  
◽  
Dmitry V. Serdyukov ◽  

The article is devoted to the study of the state of institutional support for the rights of the indigenous peoples of the North. The industrial development of Siberian territories creates a threat of destruction of traditional forms of economic management. This makes this problem actual. The empirical material is the results of an expert survey conducted on the territory of the Khanty-Mansiysk Autonomous Okrug – Yugra. It is concluded that a regula- tory and legal framework has been created in the region to ensure the interests of indigenous peoples. However, it only creates an opportunity to protect their interests. This opportunity can be fully realized through the activities of political institutions. Today, public organizations of the indigenous peoples themselves are effectively working. They enjoy the trust of the indigenous population and protect not only the rights of Aboriginal people to traditional forms of farming, but also their socio-economic interests in general. However, the capabilities of these organizations are rather limited. For example, small indigenous peoples, due to their small number, do not have the opportunity to conduct “their” deputies to representative bodies of power. At the same time, the role of other actors – political organizations, mass media, ombudsmen – is insignificant. Expanding the range of political institutions involved in protecting the rights of the indigenous peoples of the North is the main condition for the successful solution of this task.


Author(s):  
Zlata Kovacevic ◽  
Barbara Klimek ◽  
Iris Sharon Drower

While much has been achieved in this country to bring about equality for many groups, for refugees it has been a struggle. This chapter explores the state of refugee education in terms of definition and impact for children and families, including coordination constraints. It provides a program-model for working with refugee students and their families within a culturally responsive partnership at Washington Elementary School District, Arizona, USA. In addition, challenges are addressed leading to constant adapting, changing, and improving the program model over time based on the needs of the refugee students and their families.


2018 ◽  
Vol 3 (1) ◽  
pp. 26-31
Author(s):  
Andrew McWhinney

This essay examines the shifting relationship between Quebecois and Indigenous nationalism, tracing a historical path from post-Quiet Revolution Quebec to the signing of the “La Paix des Braves” document in 2002. Nationalist attitudes in Quebec were initially hostile towards their Indigenous counterparts, due to the Indigenous push of a three-nation conception of Canada which undermined the Quebecois dualist English-French founding narrative upon which Quebecois nationalist claims rested. This essay argues that Quebecois nationalist attitudes have grown more accepting over time in response to popularization of the three-nation conception of Canada, and that Quebec’s unique hybrid position as a decolonizing nation and a settler-colonial nation has allowed it to do so through recognition of Indigenous peoples as co-colonized by the Canadian state. This shift from aggression to tolerance is shown through examinations of historical moments such as the James Bay Agreement, the Meech Lake and Charlottetown Accords, and the Oka Crisis.


2017 ◽  
Vol 28 (1) ◽  
pp. 25-44 ◽  
Author(s):  
Renée Hoffart ◽  
Nicholas A. Jones

The establishment of the Indian Residential Schools by the Canadian federal government to assimilate indigenous peoples to European and Christian ideals has had generational repercussions on Canada’s indigenous peoples. Many emotional, physical, and sexual abuses occurred within these schools resulting in significant trauma within this population. In order to shed light on these impacts, indigenous women were interviewed about their experiences with these schools. Thematic network analysis was used to analyze the data, and a number of themes emerged, including identifying the relationships between residential schools, intergenerational trauma, and the normalization of intimate partner violence (IPV) in domestic relationships. The findings add to the existing discourse on IPV in indigenous populations and may be used to inform violence reduction strategies.


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