Paper Summary:

This paper examines how successful Indigenous women of Australia have been in using the available law and legislation to claim their right to land. To achieve this, the writer examines the available documents from court cases and government agencies, and references what academics and Indigenous women have to say on the matter. Since invasion, Indigenous women have been trapped in a white, western, masculine, hegemonic system, the reason being, the invading society brought with them western European gender concepts to Australia, and these facts will be discussed. The writer argues that these concepts have changed since colonisation, but that Indigenous women's voices are still silenced in Australia.

From the Paper:

"There is often a preconception of Indigenous women, that is characterised by the view that men are central actors in society and that their knowledge envelops the social/cultural world, while women are peripheral and acted upon, being the possessors of knowledge that encompasses only a portion of the social/cultural world. The Hindmarsh Island Bridge (Kumarangk) case is a perfect example of this. The Ngarrindjeri women's secret/sacred business was completely dismissed by the western court system. As Scutt points out, "Aboriginal women's business has a longevity going way beyond the existence of anglo-Australian law" . Furthermore, a land claim hearing has the potential to become a lose/lose situation for Indigenous women."

Sample of Sources Used:

• Bin-Sallik, M.A. (1996) Black Witch Hunt: White Silence! Australian Feminist Studies, Vol. 11, No. 24
• Commonwealth Consolidated Acts. http://www.austlii.edu.au/au/legis/cth/consol_act/alrta1976444/
• Hooks, b. (1992) Representing Whiteness in the Black Imagination. IN Grossberg, L & Nelson, C. & Treichler, P. [EDS]. Routledge. New York. P.342
• Huggins, J. & hooks, b. (1998) Are All Women White? IN Jackie Huggins. Sister Girl. University of Queensland Press
• Keeley, A. (1996) Woman and Land: The Problem Aboriginal Women Face In Providing Gender Restricted Evidence. Aboriginal Law Bulletin.

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