Unresolved Tensions: Warlpiri Law, Police Powers and Land Rights

Abstract:     
This article explores the powerlessness of Indigenous people when confronted with police on ceremonial land. It draws on a recent incident in Lajamanu (northern Tanami Desert, Northern Territory ('NT')) that highlights the conflict between Indigenous and non-Indigenous laws. The incident involved an intrusion on a restricted Warlpiri ceremony ground by non-Indigenous police officers, including a female officer.

The incident brought to the fore questions regarding the legal rights of Indigenous people where there is a transgression of sacred sites under the Northern Territory Aboriginal Land Rights Act (Cth) and the Northern Territory Aboriginal Sacred Sites Act (NT). It reveals the reluctance of the Anglo-Australian law to recognise Indigenous law and customary practice.

Keywords: police powers, indigenous people, Warlpiri, aboriginal land rights, prosecutions, trespass, aboriginal customary law

JEL Classifications: K10, K11, K30

Accepted Paper Series