Hannah McGlade - Academia.edu (original) (raw)
Papers by Hannah McGlade
Indigenous law bulletin, 2007
Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, ... more Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, Sydney, 2001, xxv +350 pp, ISBN 1 86508 051 9.
Australian Aboriginal Studies, 2001
Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, ... more Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, Sydney, 2001, xxv +350 pp, ISBN 1 86508 051 9.
Review(s) of: Working with indigenous Australians: A handbook for psychologists, by Pat Dudgeon, ... more Review(s) of: Working with indigenous Australians: A handbook for psychologists, by Pat Dudgeon, Darren Garvey and Harry Pickett (eds), Gunada Press, Curtin Indigenous Research Centre, Perth, 2000, x + 526 pp, ISBN 1 86342 903 4.
This chapter explores feminist understandings of child sexual abuse that primarily emphasise powe... more This chapter explores feminist understandings of child sexual abuse that primarily emphasise power differentials between men, women and children. Within the context of Aboriginal child sexual assault, feminist theories have barely been considered, but this does not mean that feminism is irrelevant to Aboriginal women and children. Feminism may be viewed as a Western concept but my sense is that it is very much akin to the Aboriginal understanding that Aboriginal women 'are bosses ourselves'. At the same time, I acknowledge that Aboriginal women who choose to identify and oppose male dominance and violence in communities can be stigmatised, marginalised and even subjected to violence simply for challenging men's deeply entrenched positions of authority in communities. Aboriginal women are also aware that the feminist movement has been a social movement largely based on the interests of non-Aboriginal women, and typically not including Aboriginal women. Notwithstanding tha...
Australian Feminist Law Journal, 2017
This essay examines recent significant political events in the context of Australian native title... more This essay examines recent significant political events in the context of Australian native title triggered by a Federal Court case, McGlade v National Native Title Registrar (2017) 340 ALR 419 brought by several Noongar people from the south west of Western Australia, and the hasty amendments to the Native Title Act 1993 (Cth) that followed. I am writing this analysis as a Noongar researcher and academic, human rights lawyer, and the daughter of one of those Court applicants, Noongar elder Mingli Wanjurri McGlade. This essay includes dialogue between Mingli McGlade and myself, documenting and contextualising the McGlade case within a wider Noongar history and backdrop of racial discrimination, social justice, Noongar activism, and resistance. [J]ust as I prefer not to embrace the terms 'dissident' and 'dissenting' as they were used in argument before the Court, so I prefer not to characterise the refusal of a person in Ms McGlade's position as a 'veto' or as 'frustrating' an ILUA. As I have noted … an individual who holds views different from those of the majority of the individuals constituting the registered native title claimant may nevertheless be conscientiously performing her or his representative role … One cannot assume the motives for entering into an ILUA are any more objectively appropriate and reasonable than the motives for not doing so. There are simply different perspectives, and it is for the claim group as a whole, and the claim group only, to decide which perspective should prevail. Justice Mortimer in McGlade v Native Title Registrar 1 If he is an agitator, he is in good company. Many of the great religious and political figures of history have been agitators, and human progress owes much to the efforts of these and the many who are unknown. As Wilde aptly pointed out … 'Agitators are a set of interfering, meddling people, who come down to some perfectly contented class of the community and sow the seeds of discontent amongst them … Without them, in our incomplete state, there would be no advance towards civilisation'. Mr Neal is entitled to be an agitator. Justice Murphy in Neal v The Queen 2 Later on in 2012 and again in 2014 we set up the camp at Martigarup (around Heirisson Island) we wanted sovereignty. I was there most days for months until the police kept coming and closing the camp. A big officer one time pushed me … We were there to talk
Indigenous Law Bulletin, 2009
In this paper for the for Western Australian Law Reform Commission inquiry into Aboriginal custom... more In this paper for the for Western Australian Law Reform Commission inquiry into Aboriginal customary law, Megan Davis and Hannah McGlade examine the Australian government's reluctance to recognise Aboriginal law and the potential benefit of Aboriginal law to marginalised Aboriginal communities. They look at international human rights law, and the intersection of Aboriginal law with the Australian legal system and Australia's international obligations to protect the human rights of individuals balanced with the obligation to protect Aboriginal culture.
kaya yarn nyungar gnarn wangitch gnarn noort balaj goon kaart malaam moonditj listen Nyungars, I ... more kaya yarn nyungar gnarn wangitch gnarn noort balaj goon kaart malaam moonditj listen Nyungars, I tell you, our people, our brother he come home, we lay his head down ... Old Nyungar men are singing, and the clapping sticks can be heard throughout Perth's international airport late in the night. There are up to three hundred Nyungars who have come to meet the Aboriginal delegation due to arrive on the 11pm flight from London. The delegation are bringing home the head of Yagan, the Nyungar warrior. This journal article is available in Law Text Culture: http://ro.uow.edu.au/ltc/vol4/iss1/15 The Repatriation ofYagan: a Story of Manufaduring Dissent
Indigenous law bulletin, 2003
Indigenous law bulletin, 2004
The Routledge Handbook of Disability Activism, 2019
The topic of Aboriginal children's human rights is highly charged and controversial. At times... more The topic of Aboriginal children's human rights is highly charged and controversial. At times my advocacy concerning Aboriginal child sexual assault is critical of male-dominant institutions and structures (Aboriginal and non-Aboriginal) that have seemingly thought little of victims, predominantly women and children. 'Speaking up' for human rights in this way is ethically unquestionable, but because of gender oppression and taboos surrounding child sexual assault it can be highly contentious, and can result in serious censure and ramifications. When I commenced this research I was perhaps naively unaware of how contentious child sexual assault actually is.
Mapping Deathscapes, 2021
As a young mother nearly a decade ago I began my research concerning the experiences of Aborigina... more As a young mother nearly a decade ago I began my research concerning the experiences of Aboriginal women and children using the criminal justice system as a response to family violence and child abuse. At this time child sexual assault was not a matter discussed publicly or otherwise in the Noongar community. This was a far cry from the 'Stop the Abuse' campaign I experienced as a young woman in the late 1980s, in which some Aboriginal women bravely put the issue at the forefront. In Perth the leadership in our community appeared increasingly male dominated, and women's services, such as women's resource centres, were increasingly marginalised.
This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation... more This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation of the 339 recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). Here, we update a statement produced by Jordan et al. in December 2018, which argued that due to its scope and methodology, the Deloitte review had the potential to misrepresent the extent to which the RCIADIC recommendations had been implemented. Drawing on coronial inquest reports, we cite new evidence of the failure of governments to implement key RCIADIC recommendations and the fatal consequences for First Nations lives. We argue that there is a risk that misinformation may influence policy and practice responses to First Nations deaths in custody, and opportunities to address the widespread problems in Indigenous public policy in Australia may be missed. In particular, current approaches too often ignore the principles of self-determination and the realities of laws and policies as exper...
Indigenous law bulletin, 2007
Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, ... more Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, Sydney, 2001, xxv +350 pp, ISBN 1 86508 051 9.
Australian Aboriginal Studies, 2001
Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, ... more Review(s) of: Taking a stand: Land rights to reconciliation, by Robert Tickner, Allen and Unwin, Sydney, 2001, xxv +350 pp, ISBN 1 86508 051 9.
Review(s) of: Working with indigenous Australians: A handbook for psychologists, by Pat Dudgeon, ... more Review(s) of: Working with indigenous Australians: A handbook for psychologists, by Pat Dudgeon, Darren Garvey and Harry Pickett (eds), Gunada Press, Curtin Indigenous Research Centre, Perth, 2000, x + 526 pp, ISBN 1 86342 903 4.
This chapter explores feminist understandings of child sexual abuse that primarily emphasise powe... more This chapter explores feminist understandings of child sexual abuse that primarily emphasise power differentials between men, women and children. Within the context of Aboriginal child sexual assault, feminist theories have barely been considered, but this does not mean that feminism is irrelevant to Aboriginal women and children. Feminism may be viewed as a Western concept but my sense is that it is very much akin to the Aboriginal understanding that Aboriginal women 'are bosses ourselves'. At the same time, I acknowledge that Aboriginal women who choose to identify and oppose male dominance and violence in communities can be stigmatised, marginalised and even subjected to violence simply for challenging men's deeply entrenched positions of authority in communities. Aboriginal women are also aware that the feminist movement has been a social movement largely based on the interests of non-Aboriginal women, and typically not including Aboriginal women. Notwithstanding tha...
Australian Feminist Law Journal, 2017
This essay examines recent significant political events in the context of Australian native title... more This essay examines recent significant political events in the context of Australian native title triggered by a Federal Court case, McGlade v National Native Title Registrar (2017) 340 ALR 419 brought by several Noongar people from the south west of Western Australia, and the hasty amendments to the Native Title Act 1993 (Cth) that followed. I am writing this analysis as a Noongar researcher and academic, human rights lawyer, and the daughter of one of those Court applicants, Noongar elder Mingli Wanjurri McGlade. This essay includes dialogue between Mingli McGlade and myself, documenting and contextualising the McGlade case within a wider Noongar history and backdrop of racial discrimination, social justice, Noongar activism, and resistance. [J]ust as I prefer not to embrace the terms 'dissident' and 'dissenting' as they were used in argument before the Court, so I prefer not to characterise the refusal of a person in Ms McGlade's position as a 'veto' or as 'frustrating' an ILUA. As I have noted … an individual who holds views different from those of the majority of the individuals constituting the registered native title claimant may nevertheless be conscientiously performing her or his representative role … One cannot assume the motives for entering into an ILUA are any more objectively appropriate and reasonable than the motives for not doing so. There are simply different perspectives, and it is for the claim group as a whole, and the claim group only, to decide which perspective should prevail. Justice Mortimer in McGlade v Native Title Registrar 1 If he is an agitator, he is in good company. Many of the great religious and political figures of history have been agitators, and human progress owes much to the efforts of these and the many who are unknown. As Wilde aptly pointed out … 'Agitators are a set of interfering, meddling people, who come down to some perfectly contented class of the community and sow the seeds of discontent amongst them … Without them, in our incomplete state, there would be no advance towards civilisation'. Mr Neal is entitled to be an agitator. Justice Murphy in Neal v The Queen 2 Later on in 2012 and again in 2014 we set up the camp at Martigarup (around Heirisson Island) we wanted sovereignty. I was there most days for months until the police kept coming and closing the camp. A big officer one time pushed me … We were there to talk
Indigenous Law Bulletin, 2009
In this paper for the for Western Australian Law Reform Commission inquiry into Aboriginal custom... more In this paper for the for Western Australian Law Reform Commission inquiry into Aboriginal customary law, Megan Davis and Hannah McGlade examine the Australian government's reluctance to recognise Aboriginal law and the potential benefit of Aboriginal law to marginalised Aboriginal communities. They look at international human rights law, and the intersection of Aboriginal law with the Australian legal system and Australia's international obligations to protect the human rights of individuals balanced with the obligation to protect Aboriginal culture.
kaya yarn nyungar gnarn wangitch gnarn noort balaj goon kaart malaam moonditj listen Nyungars, I ... more kaya yarn nyungar gnarn wangitch gnarn noort balaj goon kaart malaam moonditj listen Nyungars, I tell you, our people, our brother he come home, we lay his head down ... Old Nyungar men are singing, and the clapping sticks can be heard throughout Perth's international airport late in the night. There are up to three hundred Nyungars who have come to meet the Aboriginal delegation due to arrive on the 11pm flight from London. The delegation are bringing home the head of Yagan, the Nyungar warrior. This journal article is available in Law Text Culture: http://ro.uow.edu.au/ltc/vol4/iss1/15 The Repatriation ofYagan: a Story of Manufaduring Dissent
Indigenous law bulletin, 2003
Indigenous law bulletin, 2004
The Routledge Handbook of Disability Activism, 2019
The topic of Aboriginal children's human rights is highly charged and controversial. At times... more The topic of Aboriginal children's human rights is highly charged and controversial. At times my advocacy concerning Aboriginal child sexual assault is critical of male-dominant institutions and structures (Aboriginal and non-Aboriginal) that have seemingly thought little of victims, predominantly women and children. 'Speaking up' for human rights in this way is ethically unquestionable, but because of gender oppression and taboos surrounding child sexual assault it can be highly contentious, and can result in serious censure and ramifications. When I commenced this research I was perhaps naively unaware of how contentious child sexual assault actually is.
Mapping Deathscapes, 2021
As a young mother nearly a decade ago I began my research concerning the experiences of Aborigina... more As a young mother nearly a decade ago I began my research concerning the experiences of Aboriginal women and children using the criminal justice system as a response to family violence and child abuse. At this time child sexual assault was not a matter discussed publicly or otherwise in the Noongar community. This was a far cry from the 'Stop the Abuse' campaign I experienced as a young woman in the late 1980s, in which some Aboriginal women bravely put the issue at the forefront. In Perth the leadership in our community appeared increasingly male dominated, and women's services, such as women's resource centres, were increasingly marginalised.
This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation... more This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation of the 339 recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). Here, we update a statement produced by Jordan et al. in December 2018, which argued that due to its scope and methodology, the Deloitte review had the potential to misrepresent the extent to which the RCIADIC recommendations had been implemented. Drawing on coronial inquest reports, we cite new evidence of the failure of governments to implement key RCIADIC recommendations and the fatal consequences for First Nations lives. We argue that there is a risk that misinformation may influence policy and practice responses to First Nations deaths in custody, and opportunities to address the widespread problems in Indigenous public policy in Australia may be missed. In particular, current approaches too often ignore the principles of self-determination and the realities of laws and policies as exper...