'Who's in and who's out?': an analysis of the lived experiences of native title and the lifeworld of people in the Pilbara

Abstract

This thesis explores the impact of the Native Title Act (Cth) (1993), particularly, s223, on the Aboriginal people of the Pilbara. I argue that since the introduction of native title, notions of stasis and the expectation of a legally conceived concept of ‘tradition’ have been projected on to Aboriginal people, which caused their lifeworld to develop a cleft. This split within their lifeworld was precipitated by the process of ‘connection research’ and the perceived requirements developed within the native title industry.

The role of the in-house anthropologist is unpacked based on my experience as an in-house anthropologist and the relationships I have built with the Aboriginal community of the Pilbara are contrasted with those which prevail between the Aboriginal community and anthropologists working in native title. The methodology used by native title anthropologists, as well as what is deemed to be necessary evidence in a native title claim is analysed and contextualised.

The emphasis on historical evidence required for native title claims has impacted the way in which the Aboriginal community of the Pilbara conceives Aboriginality and how they reckon group membership. The ability to obtain and possess these documents and responses to the information contained within them changed the way in which Aboriginal people interact with each other as well as social structures and systems of authority and hierarchy.

These aspects of native title are examined and analysed through the phrase, ‘who’s in and who’s out?’ which has become the epicentre of the conception of membership to native title claims and native title holding groups. I employ the concept of ‘agency’ to understand the way in which Aboriginal people of the Pilbara have adapted to the native title industry and their response to the imposition of ‘tradition’.