Papers by Alister McKeich
Despite the brutal history of colonisation in the continent now known as Australia - including th... more Despite the brutal history of colonisation in the continent now known as Australia - including the massacre, rape, forced displacement and child removal of Indigenous peoples - the term 'genocide' is still hotly disputed, and outright denied. This paper critically analyses the term 'genocide' in an Australian context, including the flawed development of the UN Genocide Convention, and discusses domestic attempts to bring the issue of Indigenous genocide to the courts of law. Ultimately, this paper concludes that an independent, international legal body is required to adjudicate on this important, contemporary issue in Australia.
Can innovative justice responses practices in Canada in regard to First Nations' peoples be appli... more Can innovative justice responses practices in Canada in regard to First Nations' peoples be applied in Australia? This paper explores Gladue reports, community councils and sentencing considerations in two colonial contexts.
The Victorian State Government is currently under public pressure to administer a redress scheme ... more The Victorian State Government is currently under public pressure to administer a redress scheme for institutional abuse, including, for Aboriginal people, cultural abuse and cultural loss. International and domestic laws can assist with building a case for redress, particularly concerning the intersection of the rights of Indigenous children (and adults) to cultural practices, and an understanding of the legal and historical context which allowed cultural loss to occur.
This essay focuses on the nature of inter-generational trauma and the legacy of colonialism in Ab... more This essay focuses on the nature of inter-generational trauma and the legacy of colonialism in Aboriginal and Torres Strait Islander communities. I discuss how a formal truth and reconciliation could operate to address inter-generational trauma and the legacy of colonialism, placing such a model within the context the United Nations Declaration on the Rights of Indigenous People and concepts of self-determination and decolonisation.
Specifically, this essay argues that without addressing Australia’s colonial past and the inter-generational impacts on Aboriginal and Torres Strait Islander peoples, ‘closing the gap’ on Indigenous disadvantage will remain an impossible task. Furthermore, I contest that the implementation of a truth and reconciliation commission will require a drastic ‘re-imagining’ of Australia by non-Aboriginal people based on the precepts of Indigenous human rights, self-determination and decolonisation if it is to attain success.
This paper examines the colonisation and establishment of the Western Australian ‘state’ and the ... more This paper examines the colonisation and establishment of the Western Australian ‘state’ and the jurisdictional conflicts that arose between the colonisers and Indigenous peoples. It also focuses on the contest of law, territory and statehood between two very opposing parties, and the application of British rule of law as an arbiter of statehood.
This paper also explores Indigenous notions of law, territory and statehood. I have primarily used examples of Aranda and Noongar law to illustrate these points, but in no way contest that these examples can then be applied to all Aboriginal and Torres Strait Islander peoples.
I acknowledge the variance, difference and uniqueness of Indigenous law and cultural practices around the continent now known as ‘Australia’ and hope that, as well as being correct in my translation of such complex cultural information, that this essay further assists our understanding of the First Peoples of Australia.
This paper examines the relationship between Australia's international and domestic legal obligat... more This paper examines the relationship between Australia's international and domestic legal obligations to Indigenous peoples with respect to the 2007 Northern Territory 'Intervention', and subsequent 2012 'Stronger Futures' legislation.
Policies enacted under both sets of legislation are in place until 2022. As such, Indigenous communities are directly affected by Australia’s relationship with international law, in particular the United Nations Declaration on the Rights of Indigenous Peoples.
'Stronger Futures, Special Measures and Special Rapporteurs' explores these relationships, their subsequent effects on Indigenous communities in the Northern Territory, and ultimately, their right to self-determination.
Books by Alister McKeich
This teacher resource examines Aboriginal and Torres Strait Islander rights and freedoms in Austr... more This teacher resource examines Aboriginal and Torres Strait Islander rights and freedoms in Australia in the context of international declarations and movements. Written for the Australian Curriculum: History at Year 10, it includes summaries, curriculum links, sources, varied activities and an accompanying CD, relevant to both national and Victorian examples.
Articles by Alister McKeich
In September, the International Permanent Peoples’ Tribunal ruled the current Rohingya crisis as ... more In September, the International Permanent Peoples’ Tribunal ruled the current Rohingya crisis as unequivocally genocide, denouncing the United Nation’s use of the term ethnic cleansing as a “euphemism” with “no basis in international law.”
The Rohingya are famously described in humanitarian parlance as the ‘world’s most persecuted peop... more The Rohingya are famously described in humanitarian parlance as the ‘world’s most persecuted people’; current events would prove nothing less. A stateless people without citizenship rights in any nation, they are now besieged by the Tatmadaw (Myanmar Armed Forces) intent on driving them out of the country.
Recently, protesters converged on the State Library of Victoria to make their voice heard in resp... more Recently, protesters converged on the State Library of Victoria to make their voice heard in response to the escalating Rohingya crisis. For the mostly Muslim cohort, it was a voice of frustration, anger and desperate hope; understandably so, as what hope is being extended to their Rohingyan compatriots?
The Permanent Peoples’ Tribunal has ruled the current Rohingya crisis as unequivocally genocide, ... more The Permanent Peoples’ Tribunal has ruled the current Rohingya crisis as unequivocally genocide, denouncing the United Nation’s use of the term ethnic cleansing as a “euphemism” with “no basis in international law.”
In northern Sri Lanka, the Tamil Tigers (Liberation Tigers of Tamil Eelam) were attempting to cre... more In northern Sri Lanka, the Tamil Tigers (Liberation Tigers of Tamil Eelam) were attempting to create a separate Hindu/Tamil state. Although much has been rebuilt since the war’s end, there is still a lot of evidence of the civil war, including in Gurunagar fishing village, which for over a decade became a frontline to a deadly conflict that claimed more than 100,000 lives.
The UN’s main human rights body is assembling a team to investigate alleged abuses against Rohing... more The UN’s main human rights body is assembling a team to investigate alleged abuses against Rohingya Muslims, putting the organisation at loggerheads with Myanmar’s leader, Aung San Suu Kyi. Meanwhile, the Rohingya, who have been described as the world’s most persecuted people, remain unable to access basic services such as medical treatment and education
The negligence and racism surrounding Ms Dhu's death in this day and age, are both shameful and i... more The negligence and racism surrounding Ms Dhu's death in this day and age, are both shameful and infuriating - no less so given the knowledge we have of how to prevent Aboriginal deaths in custody from reports such as the Royal Commission.
The ongoing inquest into the death of Ms Dhu is welcome. But a broader inquiry into national poli... more The ongoing inquest into the death of Ms Dhu is welcome. But a broader inquiry into national police behaviour is long overdue.
The current Royal Commission investigating child sexual abuse has brought to light the horrific a... more The current Royal Commission investigating child sexual abuse has brought to light the horrific and abusive conditions that children were subjected to under the “care” of various institutions. Not least affected were Aboriginal and Torres Strait Islander children, who were removed from family, land and culture under the auspices of “Stolen Generations” policies of the 20th Century.
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Papers by Alister McKeich
Specifically, this essay argues that without addressing Australia’s colonial past and the inter-generational impacts on Aboriginal and Torres Strait Islander peoples, ‘closing the gap’ on Indigenous disadvantage will remain an impossible task. Furthermore, I contest that the implementation of a truth and reconciliation commission will require a drastic ‘re-imagining’ of Australia by non-Aboriginal people based on the precepts of Indigenous human rights, self-determination and decolonisation if it is to attain success.
This paper also explores Indigenous notions of law, territory and statehood. I have primarily used examples of Aranda and Noongar law to illustrate these points, but in no way contest that these examples can then be applied to all Aboriginal and Torres Strait Islander peoples.
I acknowledge the variance, difference and uniqueness of Indigenous law and cultural practices around the continent now known as ‘Australia’ and hope that, as well as being correct in my translation of such complex cultural information, that this essay further assists our understanding of the First Peoples of Australia.
Policies enacted under both sets of legislation are in place until 2022. As such, Indigenous communities are directly affected by Australia’s relationship with international law, in particular the United Nations Declaration on the Rights of Indigenous Peoples.
'Stronger Futures, Special Measures and Special Rapporteurs' explores these relationships, their subsequent effects on Indigenous communities in the Northern Territory, and ultimately, their right to self-determination.
Books by Alister McKeich
Articles by Alister McKeich
Specifically, this essay argues that without addressing Australia’s colonial past and the inter-generational impacts on Aboriginal and Torres Strait Islander peoples, ‘closing the gap’ on Indigenous disadvantage will remain an impossible task. Furthermore, I contest that the implementation of a truth and reconciliation commission will require a drastic ‘re-imagining’ of Australia by non-Aboriginal people based on the precepts of Indigenous human rights, self-determination and decolonisation if it is to attain success.
This paper also explores Indigenous notions of law, territory and statehood. I have primarily used examples of Aranda and Noongar law to illustrate these points, but in no way contest that these examples can then be applied to all Aboriginal and Torres Strait Islander peoples.
I acknowledge the variance, difference and uniqueness of Indigenous law and cultural practices around the continent now known as ‘Australia’ and hope that, as well as being correct in my translation of such complex cultural information, that this essay further assists our understanding of the First Peoples of Australia.
Policies enacted under both sets of legislation are in place until 2022. As such, Indigenous communities are directly affected by Australia’s relationship with international law, in particular the United Nations Declaration on the Rights of Indigenous Peoples.
'Stronger Futures, Special Measures and Special Rapporteurs' explores these relationships, their subsequent effects on Indigenous communities in the Northern Territory, and ultimately, their right to self-determination.