Australia: The Land Where Time Began

A biography of the Australian continent 

In most parts of Aboriginal Australia meetings for more or less formal discussions were held at irregular intervals to settle grievances, though the basis of legal procedures was self-help. When different tribes come together for ceremonies, as when they carried out the rituals associated with the wanderings of the Dreamtime beings that crossed the country of all the tribes at the gathering. There were few other times, apart from trading trips, when several tribes came together. Theses were usually times when fighting was avoided, but sometimes, after the main ceremonies were complete, fighting did break out, but more often it was at these large gatherings that inter-tribal disputes were sorted out.

Agreement on the ways and means of keeping social order wasn't restricted to within a tribe or linguistic group, it also applied to neighbouring tribes, or parts of them, sharing a common mythology and ritual. These meetings were significant because they provided a means of social control, but they weren't judicially-based bodies, which didn't exist in Aboriginal Australia. The relatively weak political organisation, concentration on self-help and the use of sorcery made it difficult for a formalised law system to develop.

Though formally constituted courts never developed in traditional Aboriginal society, less formal and less systematic councils existed that carried out much the same function.

The councils of the Jaraldi and Dangani people of the Lower Murray River, and some others, appear to have come closest to a formalised court system. The tendi, a council of elders was presided over by the rupelle, negotiators and tribal spokesmen, or patrilineal headmen, who could settle disputes with neighbouring tribes or clans. Offenders were brought before such councils for trial. Women played a prominent part.

There are a number instances of these tendi that have been observed by researchers, as by Taplin and the other by R.M.Berndt (Berndt & Berndt, 1964). Taplin described one he witnessed. There were 2 clans involved in the dispute. The members of the 2 clans sat facing each other, members of other clans gathered around their rupulle. A general discussion began the tendi during which accusers and defendants had their say and witnesses gave evidence. In this case there was no decision on the case. (Flood, 2004). In the case witnessed by R.M.Berndt, a judgement was made and punishment was imposed.

Howitt reported what appears to have been a similar situation in eastern Australia, involving tribal councils headed  by a leader (Howitt, 1904). The Wuradjeri people had a system where a headman could summon people to consider what should be done in cases of murder, abduction of women, adultery, and raids on other tribes or of raids by other tribes (Berndt & Berndt, 1964).

The headman settles all arguments and disputes among the Gournditch-mara tribe. In these instances it seems almost anyone could be present. The situation was different among the Dieri.

The Dieri deliberations took place at special closed meetings which were attended by the heads of the local totemic groups, fighting men, native doctors, elders of some standing (Gason in Woods, 1879). These meetings could deal with murder, breaches of moral code, offences against sacred ritual, and even disclosure of the secrets of the tribal council or initiation rituals to uninitiated people. If a person is found guilty of a major crime an armed party (pinya) is sent by the headman to kill him.

It appears these tribal councils composed of elders or important men, or leaders of tribes, clans or local groups, and ritual leaders, were fairly common in traditional Aboriginal society. They were usually very informal and didn't consider all types of problems, and didn't always act in a judiciary capacity.

Among the Pitta Pitta from the Boulia district of Queensland, the camp council "will take upon itself to mete out punishment in crimes of murder, incest," (Roth, 1897), and indiscriminate use of weapons in the camp. Murder and incest incur a death sentence, and the condemned person may be required to dig his own grave. For the indiscriminate use of weapons the punishment was to be crippled with knives.

According to Spencer and Gillen, 1938, when a meeting is called to deliberate on an offence the headmen consult with the elders. If the accused person is found guilty of a major crime he will receive the death penalty, in which case the elders organise an ininja party to carry out the sentence.

According to Kaberry, 1939, among the people of the eastern Kimberley, "the horde and not the tribe [and not the local kinship group, (Berndt & Berndt, 1964)] is the political unit," that is concerned with government and administration. The headman and the elders have the authority, though men make the decisions. The headman arranges when and where the meetings are to be held, "He and the elders conduct the proceedings centring round the ceremonies" and dispute settlement. Grievances are thrashed out at these meetings. Many of the lesser charges are the responsibility of the relevant kinship groups

In northeastern Arnhem Land, the bugalub is the procedure for settling minor grievances. It resembles the garma mortuary rites described by Warner, 1937. To clear up a dispute or disagreement, and restore equanimity, it can be set in motion by a person of either moiety. An instance that was observed was a man from Elcho Island who had been taken to the Darwin hospital with a severely injured hand. On his return he called a bugalub. An area of ground in the main camp is cleared and surrounded by mounds of sand, and a hole dug in the centre of the area that represents a sacred waterhole associated with the holder of the rite. The singing, accompanied by clapping sticks and didgeridoos, are 'outside' versions of the secret-sacred 'inside' songs, but with the same associations. As each song in the series is sung, a woman jumps up and dances. The next part of the ceremony is when the person, usually a man, but sometimes a woman, enters the 'waterhole'. Invocations are called to the spirit beings associated with the site, as water is poured over the person in the 'waterhole'. The ritual washing is believed to heal dissension and encourage goodwill between the participants. The healing of minor breaches by contact with the sacred world and ritual, provides popular entertainment for the people not directly involved with the incident.

Among the Dieri and neighbouring tribes, the kopara, is mostly designed for the same purpose, but with economic overtones.

Sources & Further reading

R.M. & C.H. Berndt, The World of the First Australians, Ure Smith, Sydney, 1964