ATSI Law

Essay text:

In 1986 ?The Australian Law Reform Commission (AIRC)' inquired into the question of recognition of ATSI customary law. Arguments for included: - Non-recognition undermines the ATSI culture and the fact that these laws are in use in some parts of Australia - Non-recognition can lead to injustice. For example an ATSI person should not be punished by Australian law for what he or she is required to do under ATSI law, such as spearing - ATSI people wish their laws to remain and have tried to make the two sets of law work together - ATSI law is more effective in maintaining order and harmony in ATSI communities that non-Aboriginal law - Australia's international standing would benefit from such recognition - Recognition of customary laws may compensate for past injustice Arguments against include: - Recognition would involve also recognizing harsh punishments that are unacceptable to the general Australian public - Many ATSI laws are discriminatory against women - ATSI people would lose control over their laws and traditions - It is difficult to recognize secret laws (oral laws) - Recognition would create two systems of law which would be discriminatory and divide the population After all the submissions put to forward to them the AIRC recommended that some areas of ATSI law be recognized and that recognition should take place within the framework of the Australian legal system...