Paper short abstract:

This paper describe some common expectations arising from Native Title claims in order to discuss how they emerge and why, once formed on all sides, they become so static. It also discusses some of the ethical issues faced by anthropologists in Native Title which result from these expectations.

Paper long abstract:

Through the Native Title Act, the State seeks to legitimise its identity in the wake of Mabo while claimants seek State recognition of the primacy of their relationship with their respective countries. Within this context, inquiries into identity routinely involve anthropologists discussing cultural beliefs, practices and 'norms' with Aboriginal people on country in order to describe these things for lawyers and judges.

While this approach has had its successes and failures, it not particularly reflexive. Another way to understand identity in Native Title is to understand the expectations different parties bring to the table and seek a better grasp of how these expectations are formed and why they become, in so many instances, intractable obstacles in the resolution of claims. This might also offer insights into the role of the anthropologist for the claimants, the State and the various respondents to claims (potential or otherwise) in discussing expectations which might present serious ethical problems for Native Title researchers.

This paper seeks to describe some of the more common expectations expressed by parties to Native Title claims and to raise some issues involved in understanding how these expectations emerge and why, once formed on all sides, they become so static. It also discusses some of the ethical issues faced by anthropologists in Native Title which result from these expectations.