Topic 3: Traditional Owners

Connection with curriculum

This topic relates to the concept: cultural competence 

Analyse the impact of historical events on Aboriginal and Torres Strait Islander health and health service access in Intensive Care Medicine and the implications of these events on building trust and relationships with individuals, families and communities in Intensive Care Medicine. 

Introduction

Aboriginal and Torres Strait Islander Peoples have a unique relationship with Australia's land, sea and waterways, and ether. Their sovereignty and stewardship of Country need to be fully acknowledged. In this topic on Traditional Owners, you will engage with the defining moments that have shaped Australia’s idea of traditional ownership and explore whose Country one might be living or working on and the importance of acknowledging this.   

Select each heading to learn more. 

Indigenous sovereignty refers to the indelible and perpetual title and connection to land that Aboriginal and Torres Strait Islander and Māori Peoples have to their Countries. The existence or validity of these sovereignties is not predicated on any recognition by the colonising State. Indigenous Peoples are the sovereigns of their Countries. Michael Mansell defines sovereignty as “the right of authority in a people to control their territory and those in it” (Mansell, 2003, p. 5). Colonisation has prevented Indigenous Peoples from exercising their sovereign rights, but it has not destroyed the existence of Indigenous sovereignties (Mansell, 2003).

Sovereignty, globally, is one of the foundational principles of international law, notably the UN Declaration on the Rights of Indigenous Peoples (United Nations General Assembly, 2007). For Indigenous Peoples, there is a deeper significance to the concept of sovereignty, as it represents the fight for true recognition. As the world continues to change and evolve, so has the concept and understanding of sovereignty for Indigenous Peoples. It is, however, the ultimate goal for Indigenous Peoples to have their inherent sovereignties recognised and re-enabled in practice (Shrinkal, 2021).

Sovereignty allows for the self-determination of Indigenous Peoples. The ability to determine one’s own social, cultural and economic development will enable Indigenous Peoples to have security in their world and, by extension, their health (Shrinkal, 2021).

The Mabo case

The Mabo case is significant in Australia’s history. In 1992, the High Court of Australia ruled that the Meriam people were the Traditional Owners of the Murray Islands (Mer, Dauer, and Waier) in the Torres Strait. This overturned the myth that Australia was ‘terra nullis’ (belonging to no one) at the time of colonisation. This decision altered the foundation of land law in Australia, and the Native Title Act 1993 (Cth) was passed twelve months later (Australian Institute of Aboriginal and Torres Strait Islander Studies, n.d.b).


Activities to facilitate learning

The following activities will enhance your learning on this topic.

Review

  1. To start exploring this topic, review the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) map of Indigenous Australia. This map illustrates the diversity of groups within Australia and the Torres Strait, each with their own customs, laws, language and culture. 

Watch

  1. Watch the short video about Aboriginal and Torres Strait Islander Peoples' connection to Country 

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Review

  1. Review the meaning of cultural protocols on page 5 of the Torres Strait Regional Authority Cultural Protocols booklet. Torres Strait Regional Authority (TSRA) Cultural Protocols Guide  
Additional recommended resources
  1. Find out more about the Mabo Decision 

Reflect on your learning

Select the image to answer the reflection question for this topic.

Last modified: Tuesday, 22 August 2023, 2:55 PM