FATSIL Guide to
Community Protocols
for Indigenous
Language Projects
2004
The FATSIL protocols guide accompanies, and should be read in
conjunction with, the model agreement prepared by the Arts Law Centre
of Australia. Both documents are free of charge, and are available from
the FATSIL ofce or can be downloaded from the FATSIL website.
2 FATSIL Guide to Community Protocols for Indigenous Language Projects
3
Abbreviations
AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies
ASP Aboriginal Studies Press
ASSPA Aboriginal Student Support and Parent Awareness programme
© Copyright
FATSIL Federation of Aboriginal and Torres Strait Islander Languages
IAD Institute for Aboriginal Development
ICT Information and Communication Technologies
ICIP Indigenous Cultural and Intellectual Property
IP Intellectual Property
KLRC Kimberley Language Resource Centre
NSW AECG Inc. New South Wales Aboriginal Education Consultative Group Incorporated
NSW DAA New South Wales Department of Aboriginal Affairs
QIECB Queensland Indigenous Education Consultative Body
SA DECS South Australian Department of Education and Children’s Services
VAEAI Victorian Aboriginal Education Association Incorporated
Acknowledgements
FATSIL would like to thank all of the communities, schools and linguists who responded to the survey and
to the various drafts of this protocols guide. Thank you for sharing your experiences so generously and
candidly. Thanks to Jaquanna Elliott from Black Ink for creating the images for the protocols guide and
model agreement. Thanks also to staff of the Arts Law Centre of Australia for their legal expertise and their
personal commitment to this project. This project was funded by the NSW Department of Aboriginal Affairs
2003-2004 Major Grants Program.
NSW Department of Aboriginal Affairs
Designed and printed by PC Graphic Art
2 FATSIL Guide to Community Protocols for Indigenous Language Projects
3
Contents
Acknowledgements...............................................................................................................2
Abbreviations ........................................................................................................................2
The purpose of the FATSIL guide ..........................................................................................4
Background to the Arts Law – FATSIL project.......................................................................4
Protocols .......................................................................................................................................5
Formal written agreements ............................................................................................................6
Language revitalisation – an overview.................................................................................6
The rights and role of communities ................................................................................................7
The role of linguists .......................................................................................................................7
The role of language centres..........................................................................................................8
The role of schools.........................................................................................................................8
Language teams ............................................................................................................................8
Community consultation .......................................................................................................9
Respect .........................................................................................................................................9
The nature of consultation .............................................................................................................9
Listening .......................................................................................................................................9
When to consult ..........................................................................................................................10
Who to consult............................................................................................................................10
Reaching agreement....................................................................................................................10
Interpreters..................................................................................................................................11
Access to language materials .............................................................................................11
Access to existing materials .........................................................................................................11
Access to copies of language materials ........................................................................................12
Access to culturally-sensitive materials .........................................................................................12
Access to the content of language materials.................................................................................13
On-line access .............................................................................................................................13
Storage of language materials............................................................................................14
Community control..............................................................................................................15
Control of a language project.......................................................................................................15
Control over the use of existing materials.....................................................................................15
Control over the use of language materials ..................................................................................15
Community development ....................................................................................................16
Ownership ...........................................................................................................................16
Copyright ....................................................................................................................................16
Copyright in existing language materials ......................................................................................17
Copyright in future language materials.........................................................................................18
Recognition .........................................................................................................................18
Putting protocols into practice ...........................................................................................18
Glossary...............................................................................................................................22
Useful contact organisations...............................................................................................24
References and bibliography ..............................................................................................28
Guidelines for language and culture work ....................................................................................28
Other guidelines ..........................................................................................................................30
Indigenous language communities in other countries....................................................................30
4 FATSIL Guide to Community Protocols for Indigenous Language Projects
5
The purpose of the FATSIL guide
This protocols guide is for Aboriginal and Torres Strait Islander communities and their consultants.
Consultants are individuals and organisations working with communities to jointly produce language
materials, eg linguists, schools and ICT (Information and Communication Technologies) specialists. The
FATSIL guide covers protocols for producing language materials at a local level, rather than through one of
the major publishing houses. People who may nd the protocols guide useful include:
• community-based linguists and linguists based in academic institutions working on language
revitalisation with Indigenous communities
• schools working with the local Indigenous community to develop a language program
• people with qualications and/or experience in ICT working with Indigenous language communities to
develop language materials, eg multimedia CD ROMs, websites
• members of Indigenous communities who want to know more about the factors that inuence some of
the decisions made by, and practices of, consultants to their language projects.
The aim of this protocols guide is to encourage positive working relationships between Aboriginal and
Torres Strait Islander communities and their consultants. Any language materials produced should
recognise the cultural and intellectual property rights of the language community. The FATSIL protocols
guide accompanies, and should be read in conjunction with, the model agreement prepared by the Arts
Law Centre of Australia.
Background to the Arts Law – FATSIL project
Our Culture: Our Future
is a report researched and written by Terri Janke, an Indigenous lawyer,
specialising in Indigenous Cultural and Intellectual Property (ICIP). The report (1998, p11) provides a
holistic denition of Indigenous heritage, including: literary, performing and artistic works, languages,
scientic, agricultural, technical and ecological knowledge, spiritual knowledge, all items of movable
cultural property, including burial artefacts, Indigenous ancestral remains, Indigenous human genetic
material, cultural environment resources. The report recommends:
Indigenous people should assert their rights to their cultural and intellectual property and have such
rights recognised under contracts. (Recommendation 26.1.2, p271).
Similarly, the Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS, 2000, p4)
Guidelines for Ethical research in Indigenous Studies
recommend:
negotiation should result in a formal agreement for the conduct of a research project, based on good
faith and free and informed consent. … The aim of the negotiation process is to come to a clear
understanding, which results in a formal agreement (preferably written), about research intentions,
methods and potential results.
In line with these recommendations, and in response to community requests for support, the Arts Law
Centre of Australia, in collaboration with FATSIL, has developed a model agreement. This agreement is
available for use by Indigenous communities and individuals and organisations who are working with them
to publish materials for language revitalisation. The model agreement is supported by the FATSIL protocols
guide. Together, these two documents provide support for ICIP.
4 FATSIL Guide to Community Protocols for Indigenous Language Projects
5
The FATSIL protocols guide aims to give a general guide to the types of issues involved in publishing
language materials and to give examples of good practice and the valuable contributions which
communities, schools, linguists, ICT specialists and others have made, and are currently making, to
language revitalisation.
Protocols
Protocols are essentially guidelines. These protocols aim to foster positive and mutually-benecial working
relationships between Indigenous and non-Indigenous people. While there are many common issues and
sensitivities which are similar across language situations, these can also differ between communities.
Consultants need to nd out about details of local protocols from a range of sources, including individuals
and local and regional community organisations. Protocols, like languages and cultures, are dynamic. They
change and develop over time in response to internal and external factors. It is important for consultants to
be sensitive to, and accommodating of, such changes by building long term, ongoing relationships with the
Aboriginal and Torres Strait Islander informants and collaborators in any language project.
The FATSIL protocols guide outlines broad principles for working with language communities. It does not
necessarily apply to every Aboriginal and Torres Strait Islander community in Australia. Some communities
have already developed protocols they wish consultants to follow. In these cases, the local document will
be more relevant. For example:
• Kaurna Warra Pintyandi (2003), a language group in South Australia, has developed a two-page
document –
Kaurna Information Requests
– which clearly asserts the rights of the language owners
and includes advice on protocols for naming eg properties and businesses using Kaurna words.
• The Ganai Yirruk-Tinnor Language Program, provides all consultants to its program with
Guidelines
for the Teaching of the Ganai/Kurnai Language Program in Preschools and Schools
(1995). This is
a document introduced from the Ganai Language Reference Group and it helps to ensure that all
Language matters are referred back to this group of Elders and community.
• Members of Victorian Aboriginal communities have developed protocols and advice for teachers
involved in implementing an Aboriginal languages program as part of the school curriculum. These
protocols have been published in
Indigenous Languages of Victoria Revival and Reclamation. Victorian
Certicate of Education Study
(Victorian Curriculum and Assessment Authority, 2004).
• The Ara Irititja Project, a digital archive database, developed by the Pitjantjatjara Council for
Pitjantjatjara and Yankunytjatjara people (Anangu) in WA, NT and SA, is developing a set of
procedures all non-Anungu researchers must follow to access materials. This will include protocols
relating to condentiality, publication rights, copyright and intellectual property rights. Essentially the
principle purpose of the project is to make historical and contemporary multimedia materials, including
photos, movies, sound recordings, documents and artworks accessible to community members and to
protect those materials for posterity. In addition to requiring approval for their research approach and
context, non-Anungu researchers will need to demonstrate how their work will be of direct benet to
Anangu.
• The introduction to the
NSW Aboriginal Languages K-10 Syllabus
and support documents (Board of
Studies NSW 2003, 2004) clearly outline community consultation requirements in establishing and
maintaining effective school language programs, as well as the importance of community control of
those programs and cultural ownership of any teaching-learning materials which are produced in the
course of implementing the programs.
• The South Australian Department of Education and Children’s Services (SA DECS) has developed a set
of principles for departmental staff working with Aboriginal people to develop language materials.
6 FATSIL Guide to Community Protocols for Indigenous Language Projects
7
1
Contact details of the Registrar of Aboriginal Corporations can be found at the end of this booklet.
The
Indigenous Intellectual & Cultural Property Rights Position Paper
(2003) includes advice about
protocols, consultation and negotiation, copyright and contracts, student contributions to publications,
considerations when publishing in various printed and electronic formats, use of published language
materials. The SA DECS has also included one page of text, at the beginning of each of its Aboriginal
Languages syllabus framework documents. This text uses the denition of Indigenous Heritage from
Our Culture: Our Future
(Janke 1998, p11) and it strongly afrms the rights of Indigenous people as
the owners of their cultural and intellectual heritage.
Formal written agreements
Protocols are reinforced by a formal written agreement. An agreement
has important benets for all parties, as it provides clarity on all aspects
of the project. It can also provide communities with the condence to
continue to publish materials since, through an agreement, communities
feel they can control the content and use of works published in their
languages. Indigenous communities are sometimes hesitant about working with consultants, but
communities can also be empowered through a well-negotiated agreement. For consultants, an agreement
denes the expectations of the community and makes clear the role of the consultant(s) in the project.
The Arts Law Centre of Australia has developed a model agreement which is easy to use and in plain
English. The model agreement is free of charge, is available from the FATSIL ofce or can be downloaded
from the website http://www.fatsil.org.
An agreement needs to be signed by a person or organisation that is
recognised by the law. For example, companies, Aboriginal corporations,
incorporated associations, co-operatives and individuals can sign
agreements. An Indigenous community itself, unless it is incorporated,
does not have legal status. If your community or organisation is not
already incorporated, contact the Ofce of the Registrar of Aboriginal
Corporations for details on how to do this.
1
Any formal agreement must be supported by good consultation and the following of protocols, together
with trust and good faith in working relationships. Respect, honesty, rapport, and careful listening to what
the community has to say are important bases of any formal written agreement.
Language revitalisation – an overview
For present and future generations, communities consider recording, documenting, and publishing of
language materials to be vitally important. Communities have been involved in producing a wide range
of resources, such as dictionaries, grammars, language learning and teaching materials for the classroom.
Further, communities are developing a broad range of experience in publishing various electronic as well as
printed formats, including books, audio and video recordings, CD-ROMs and websites.
Increasingly, members of communities are undertaking training and receiving qualications in the elds
of linguistics, applied linguistics, language policy and planning, education and ICT; more and more they
are working as academics, teachers, teacher aids, linguists, teacher-linguists, language workers, language
specialists, web designers, software developers. Also, communities continue to nd willing partners
6 FATSIL Guide to Community Protocols for Indigenous Language Projects
7
among non-Indigenous staff in schools, linguists and ICT specialists and consider them to be important
collaborators and supporters in language revitalisation. Many consultants respond to this need with
commitment and in generous ways. There is much work to be done and many people are very involved in
this important work.
The rights and role of communities
Communities are the owners and custodians of their languages and cultures. They have the right to the
greatest possible access to the best available linguistic and educational supports and resources for the
revitalisation of their languages. They have the right to develop as many skills as possible, in the course of
any language project. They have the right to be consulted about all aspects of materials published in and
about their languages.
2
While many materials are available for many languages, it is also true that some of these materials have
not been of immediate benet to language communities. It is good for communities to deal with this,
for example, if they are not already familiar with the linguists who have done work on their languages,
communities could nd out who the linguists are and approach them and talk with them. It is helpful to get
to know the person behind the linguistic documents. If the linguists who have materials on their languages
are still alive, communities can gain a lot from contacting them.
Increasingly, Indigenous people are emerging from within communities and are researching and teaching
their languages and acting as a ‘connector’ between the linguist and the community. These people have
a very important role to play on behalf of their communities. While communities consider non-Indigenous
consultants to be important supporters and collaborators in language work, there is nothing more
important and powerful than Aboriginal and Torres Strait Islander people working on their own languages.
The role of linguists
The role of linguists includes working both with communities and with other linguists. When working with
communities, linguists provide expertise in documenting and describing languages. They have training in
analysing the rich and complex structures of languages. They work creatively with archival documents,
sound recordings, language speakers and informants. They apply their intellectual labour to the data
collected from these various sources in order to compile and produce publications such as grammars and
dictionaries. Publications such as these can take years of work. Linguists need to respond to the requests,
ideas and aspirations of communities for the revitalisation of their languages. Linguists can support
communities by being committed to developing practical as well as theoretical resources. As part of any
language project, a linguist should be passing on useful skills and knowledge which the community can
continue to use independently, eg computer skills, skills in language description and analysis, using and
maintaining recording equipment, applying for grants.
When linguists work with other linguists, they share the results of their research, through teaching and
through publishing books and papers and speaking at conferences. This is an important part of their role.
Through writing and speaking in national and international contexts, linguists critique and appraise each
other’s work in order to more accurately analyse and describe the languages they are working on.
2
The Australian Linguistic Society has described linguistic rights of Aboriginal and Torres Strait Islander communities which members of
the society respond to in their work with Indigenous language communities. See http://www.latrobe.edu.au/rclt/als/ethics.html
8 FATSIL Guide to Community Protocols for Indigenous Language Projects
9
3
For contact details of language centres and an outline of the projects they are each involved in, see the FATSIL National Indigenous
Languages contacts directory at http://www.fatsil.org/contacts
The role of language centres
There are numerous language centres in Australia.
3
These language centres are in the unique position
of being driven by and directly answerable to the communities for which they do their work. The work
of each language centre is determined by the decisions of its committee. The committee is comprised of
representatives of language groups in the region. Through the committee, there is community control of
language projects. Ideas for projects, whether suggested by communities themselves or by researchers,
go through the committee. In this way, the committee is in a position where it is aware of, and informed
about, all of the language work that is happening in the region serviced by its language centre.
Language centres employ staff to facilitate linguistic work in the region. Staff members are directed by the
committee. The resources produced by staff and communities are for the use of the community from which
they come.
Not every part of Australia has a formal language centre, nor is all language work undertaken only through
such organisations. Yet, in many regions, language work is still very active. Often, where a language
committee has been established, it may be found working out of a local community organisation, or simply
out of someone’s living room. Even where there is not currently enough funds for a formal language centre,
the language work being done is still vital and the language committee still an important reality, keeping
track of various language projects in the region.
The role of schools
In some locations, schools play a crucial role as a delivery point for language projects which are initiated
in, and controlled by, the community. These language programs are of central importance to the students’
academic progress, personal development and cultural pride. In schools with effective language teaching
programs, community language teachers are recognised as valued members of staff, contributing in
meaningful ways to school policies, plans and schedules and involved in professional development
opportunities.
Trained classroom teachers have skills that they can pass on to community language teachers. These skills
include lesson planning, creating age/stage appropriate resources and classroom management techniques.
During the language lessons, classroom teachers can continue to be supportive of the community teacher
by showing interest in, and being respectful of, the content of the lessons, and by being prepared to learn
alongside the students.
Language teams
In many successful language revitalisation environments, a language program will have a team of
people working together – community members, teachers, linguist. Ideally one of these people will have
knowledge of theories and research on language acquisition and skills in effective language teaching
methodologies.
8 FATSIL Guide to Community Protocols for Indigenous Language Projects
9
Increasingly, Indigenous people are emerging from within
communities and are researching and teaching their languages
and acting as a ‘connector’ between the linguist and the
community. These people have a very important role to play
on behalf of their communities. While communities consider
non-Indigenous consultants to be important supporters and
collaborators in language work, there is nothing more important
and powerful than Aboriginal and Torres Strait Islander people
working on their own languages.
Community consultation
Respect
Aboriginal and Torres Strait Islander communities are the custodians of their cultural and linguistic heritage.
The lived experience Indigenous people have of their languages should be valued and respected as highly
as the technical knowledge which consultants bring to a project. Communities’ custodianship of their
languages must be considered to be as important as the knowledge and expertise of the consultant(s).
The nature of consultation
Consultation should be collaborative, on-going and two-way, between communities and their consultants,
involving the sharing of information. The community, the school, the linguist, the ICT specialist each need
to state and negotiate their aims in a very open way. People need to be clear about their goals, agendas,
plans and intentions when being involved in a language project and their expectations for the project
outcomes.
One of the main purposes of consultation is to develop mutual respect and a healthy partnership that will
help resolve possible contentious issues before work begins on a language project. Effective initial and
ongoing consultation and collaboration as equal partners can prevent difculties from arising during the
course of a project.
Whether a project is suggested by a consultant or the community, will affect the nature of consultation.
If the project is being proposed by a consultant, he/she will need to be prepared to give people time to
consider all the details before making a decision. Often people may not speak up during a meeting. The
consultant will need to allow time for the word to spread, for people to answer in their own time, and for
people to give honest feedback, in informal settings after the meetings.
Listening
Really good consultation is based on genuine listening, with genuine opportunities for community people
to give feedback and to put forward their ideas, eg at regular, face-to-face meetings, both formal and
informal.
10 FATSIL Guide to Community Protocols for Indigenous Language Projects
11
When to consult
Consultation should be on-going and involve constant checking and feedback at regular intervals
throughout the project. Consultation is critical not only at the beginning but also at every stage of a
language project.
Who to consult
In some communities, difculties in identifying the appropriate language informants will not arise. There
will be a clear agreement about who are the community authorities on language issues. However, it is also
the case that in some other communities it may be a little more difcult for a consultant to be clear about
the most appropriate people to consult and work with as language informants.
Consultants who have not worked with a particular community before and who wish to establish initial
contact with a community should go to any of the recognised and established community organisations in
the region or local area. Some parts of Australia have established community organisations and structures
which are dedicated to language and/or culture.
4
More specically, some communities will have an
established language centre committee, regional language management committee or local area language
reference group or steering committee. These types of committees are comprised of Elders, language
custodians and language experts. They are representative groups which are in a position to give advice
about the most appropriate community members a consultant should contact and work closely with on any
given language project.
If the consultant plans to work with a community which has not yet established a language-specic
organisation or committee, he/she should approach a range of other local community organisations,
individuals and groups. These could include the chairperson of the community council, the Indigenous
education assistants on the school staff, Indigenous education consultants in the regional ofce of the
education department, the local Indigenous education advisory group.
5
It is important for consultants to
get advice and identify a few key individuals who the community agrees can represent their interests, and
to establish a working relationship with them.
Within a community, particular people are recognised as being custodians of particular knowledge and
cultural information. So consultants need to be aware that the people to be involved in any given language
project may differ depending on the content of the materials to be published. Each language project may
be a matter for a particular group within the community. Therefore, at any meeting in the early planning
stages of a language project, it is necessary to have the relevant representatives from the within the
broader community.
Reaching agreement
Opinion about a language project will not necessarily be homogenous within any given community.
Consultants need to acknowledge that different people in communities will have different views. One
person cannot speak for the whole community. Everyone should have a chance to speak. A community will
not have one position – it is possible that the community might arrive at one position but only after a long
discussion.
Sometimes there is not full agreement in a community about the details of a language project or
publication. A consultant can feel unsure about how to proceed, and may also get conicting messages
4
For example, see those listed in the FATSIL National Indigenous Languages contacts directory at http://www.fatsil.org/contacts
5
See the list of useful contact organisations at the back of this guide.
10 FATSIL Guide to Community Protocols for Indigenous Language Projects
11
Aboriginal and Torres Strait Islander communities are the
custodians of their cultural and linguistic heritage. The lived
experience Indigenous people have of their languages should be
valued and respected as highly as the technical knowledge which
consultants bring to a project.
from different members of the community. In situations such as this, some advise that it is better not to
go ahead with the project at all, that doing so will only cause damage in the long term. It may be better
to redesign the whole project or to wait for a more appropriate time in the future to propose the project
again. On the other hand, others advise that outcomes for language projects should be put ahead of
community disagreements and that it is better to produce something rather than do nothing for Language.
In these situations it is a good idea to appeal to people’s belief that language work is a powerful way to
unify the community.
Ultimately, the decision to proceed or not, must be made within and between community members.
Interpreters
Project plans and budgets need to factor in realistic timeframes for proper consultation and the costs
of interpreting and translating where necessary. In order to truly engage communities in meaningful
discussion about the plans for a language project, consultants need to engage the services of interpreters,
especially in situations where English is not the rst language of the community and even in some
cases where people also regularly use English. Indigenous people are too often under pressure to try to
decode English when it is not their rst language. Interpreting is a process that ensures that both parties
understand and are participating equally and facilitates the outcomes of a project.
Access to language materials
Access to existing materials
AIATSIS is a valuable resource and often the rst place that community language researchers visit when
seeking existing materials on their own languages. AIATSIS assists community people to access materials
on their languages. However, due to copyright restrictions and the way materials are deposited, the process
of obtaining copies from AIATSIS can be slow and complex. The materials often have access restrictions
placed on them by the copyright owner or by particular individuals within a community, which add to the
challenges faced by community people when collecting documentation and recordings of their languages.
Permissions have to be sought, even though the materials are in the language of the community researcher
and even though the materials were made possible by the relatives or countrymen of the community
researcher. Obstacles experienced by community language researchers need to be signicantly reduced for
all language materials which are produced in the future by communities and their consultants. Community
access rights can be maximised by ensuring that agreements or contracts are prepared at the time the
materials are created, which clearly state that the material is owned by community members. Similarly,
those depositing material at AIATSIS should nominate access conditions which will benet the whole
community (where appropriate).
Many linguists have copies of their own work, including unique materials, which may not be published.
These materials, are of great value for future language analysis by linguists and they are also of great
value to community people who are working to revitalise their languages. Some of these unique and
12 FATSIL Guide to Community Protocols for Indigenous Language Projects
13
valuable materials are stored in places and organised in ways not known by communities. It is vital for
linguists to organise, copy, label and catalogue all of their materials during their lifetimes and make them
available to communities and also make provisions for beyond their lifetimes. Linguists need to give serious
consideration to depositing copies of their original/unpublished materials in an archive such as AIATSIS
and assigning copyright to the appropriate communities or to AIATSIS. This would ensure that communities
have access to all materials available about their languages. Once copyright is assigned to a community,
that community will then hold rights in perpetuity to those materials for all future generations working on
their languages.
Access to copies of language materials
Communities involved in language revitalisation need access to primary and secondary materials (audio
visual recordings as well as written records). These are held in many local, state and national archives and
libraries, in both public institutions and private collections. These locations are often very remote from local
individual communities. Often it is not possible for community people to be aware of all of the various
locations of every piece of research material and it can take years for them to collect and repatriate copies
of all of the materials.
For future generations, wishing to continue to revitalise their languages, copies of all materials produced
should be stored in safe locations within and beyond the community. Copies need to be kept in the local
or regional language and culture centre or other relevant local community organisation. Copies also need
to be lodged with an archive, such as AIATSIS, which has suitable storage facilities. Just as past recordings
and pieces of language documentation are a valuable resource for present generations, language materials
being produced by present generations will add to the valuable body of work and knowledge for future
generations.
Access to culturally-sensitive materials
As many consultants are well aware, there are sensitivities around making some linguistic and cultural
materials widely available. Well-established language centres have mechanisms to make sure that only
appropriate people have access to certain materials. For example a regional language centre may have a
database or catalogue of all of the language materials it holds and each piece of material in the collection,
on the advice of language informants, will be labelled with details such as who may see it.
At the same time, however, experienced consultants, with long term connections with a community,
often notice changes in community attitudes over the years. Materials that were once strongly considered
by communities to be highly restricted may later be considered to be less restricted or unrestricted; and
vice versa.
6
This underlines the need for ongoing consultation with communities over a long period of
time. Communities who have lodged materials with archives, such as AIATSIS, should revisit the access
conditions placed on their materials as often as necessary. The community should develop a close
relationship with the archive which holds their materials and keep that archive informed of any changes in
contact details, especially in cases where a specic person may be the nominated contact or a corporate
body which may be disbanded. It is also benecial to both community and archive if the archive is notied
of any deceased persons. This enables the archive to curate the materials appropriately in line with local
protocols.
6
For example see Koch and Anderson (2003)
12 FATSIL Guide to Community Protocols for Indigenous Language Projects
13
Access to the content of language materials
Communities want to be able to interpret and use what is recorded in, and published about, their
languages. Many publications about languages are very theoretical and require linguistic training to be
read and understood. Technical grammars and dictionaries are immensely valuable as bases for practical
materials for language learning and teaching. However materials such as these are read by very few people
and there are often not many copies of them available. These relatively inaccessible materials represent a
huge body of work on endangered languages in Australia and contain a lot of important research which
needs to be made more useful to communities.
In recent years, learners’ dictionaries and grammars of various languages have been published and the
content of these publications are often more accessible and more useful to members of communities who
are relearning and revitalising their languages. Aboriginal Studies Press and IAD Press have numerous
examples of publications which take into account the learning and literacy needs of Indigenous audiences.
Many of the publications are authored or co-authored by Indigenous people.
7
On-line access
On-line is one way of making language materials accessible to language communities. Increasingly,
Aboriginal and Torres Strait Islander communities are taking up the internet as a way of communicating
and learning language. For example, Nathan (1999, p6) states:
The number of Australian Indigenous-related websites has grown from about 10 sites in 1994
to 60 in 1996, to over 200 today.
Communities see both benets and risks in putting their language materials on-line and they vary greatly in
their uptake of the internet for language work.
Communities in favour of on-line language work consider that one of its key benets is that it overcomes
the distance and isolation experienced by people who are working on revitalising their languages. They
can communicate, work collaboratively and use resources on-line, even when they live many kilometres
from each other. Communities in favour of on-line language work consider most language to be open
rather than restricted and so they feel comfortable about storing their language materials on-line. Making
language materials available on-line is also seen as practical since hard copies, if lost or misplaced, can
be easily replaced. Another major benet is that, while traditional channels and ways of publishing can be
limiting for communities, placing language materials on-line is a form of publishing. Through this means of
publishing, communities can assert more control over their cultural and intellectual property.
However, some communities, especially those in remote areas, do not have good telephone lines, nor
reliable internet access. Also, many community members lack the computer hardware, software and
opportunities for skills training to be in a position where they can make an informed decision about
whether they wish to take advantage of possibilities that the internet has to offer. Even where on-line
storage is possible, some communities have concerns about whether it is really possible to keep their
languages safe on the internet. Current on-line projects for Indigenous languages in Australia and other
countries make use of tools, such as password protection, to safeguard their materials. Through password
protection, materials can be stored in a way which grades or restricts access to those materials, as
determined by communities.
7
See list of organisations at the end of this guide for details of how to contact Aboriginal Studies Press and IAD Press.
14 FATSIL Guide to Community Protocols for Indigenous Language Projects
15
Before making any materials available on-line, consultants need to be aware of the situation of particular
local community they are working with – the range of technologies available to the community, the skills
base and the attitudes and beliefs held by community members.
On-line access to language materials has been successfully encouraged in circumstances where
communities have been able to form a dialogue with other Indigenous communities (in Australia or
overseas) which already access their language materials on-line. The most effective learning about on-
line storage can occur where there is sharing of knowledge between communities which have rst hand
experience of it and communities which are considering making their language materials available on-line.
For various reasons, some communities may not wish their language materials to be available on-line, yet
they may still be interested in computer technology and keen to develop digital and multimedia products
off-line. They prefer formats such as CD-ROM when publishing their language resources. They feel this
provides them with more control over physical storage of, and access to, the language resource once it is
published.
Storage of language materials
Archiving materials well – whether storing them appropriately in a physical location or storing them in
electronic formats – is extremely important for the preservation of language and culture. Communities
and their consultants should carefully consider issues related to the long term and safe deposit and care of
materials, including:
• physical storage of existing materials, which will maximise the life of the materials and safeguard the
often irreplaceable linguistic and cultural content
• original versions of audiovisual materials should never be used, they should be copied once and then
stored away safely
• copies of original unpublished materials should be stored off-site to avoid the risk of losing the
material completely in the event of local natural disasters, such as oods
• high-quality archival digital materials, which will be useful to future generations, are necessarily large
les which require a lot of storage space
• materials in out-dated formats need to be converted so that the content of the materials will always be
available to people who need to work with them
• using new technologies to make high quality language resources
• indexing, cataloguing, archiving of materials.
On a national level, AIATSIS stores a vast amount of information on Aboriginal and Torres Strait Islander
languages and cultures. All of the material held at AIATSIS is stored according to international best
practice standards, in climate controlled vaults. Communities and individuals can have condence that
their materials will be physically and intellectually secure when they are stored at AIATSIS. AIATSIS has
curatorial responsibility for materials it holds which are lodged with it under strict access conditions. When
communities and individuals lodge materials with AIATSIS, they can specify how materials should be
handled, who should be contacted and who can have access and these instructions are strictly adhered to.
Communities spend considerable time and resources investigating AIATSIS and numerous other public
and private collections, which hold documentation and recordings of their languages. Communities have
been retrieving many materials from various collections and storing copies of these materials on a local
14 FATSIL Guide to Community Protocols for Indigenous Language Projects
15
8
For a copy of this booklet and for advice about good archiving practices, including technical advice on archiving materials in electronic
formats, contact the Audiovisual Access Unit at AIATSIS. See list of organisations at the end of this guide.
9
See Newry and Palmer (2003).
or regional level. Towards this end, AIATSIS has produced a guide to storing, handling and managing
audiovisual materials called
Keeping Your History Alive
, which is available free of charge to Indigenous
individuals and organisations.
8
Community control
Control of a language project
Communities want control over the aims and outcomes of language projects. Communities want the
assistance of consultants who have expertise in particular areas and who will support their aspirations
for language revitalisation. Consultants need to be constantly aware of maximising community control,
responding to the project aims expressed by community and facilitating the outcomes described by the
community.
Control over the use of existing materials
An overwhelming concern of Indigenous communities is that they are often unable to control the access
to the vast amount of existing materials. Currently it is possible for any member of the public to access
existing materials which are held in many public libraries and collections. Communities wish to be in a
position where they are aware of and consulted about who uses materials.
Control over the use of language materials
There are different levels of language work undertaken with speakers and levels of access vary from open
language, which can be shared with and heard by anyone, through to restricted materials, only for specic
people, eg men, women, secret/sacred knowledge. Communities want to determine how and where
language materials are used and who uses them, depending on the nature of the materials.
Publishing and making materials widely available means that some control will be lost and different
communities will have different views about this. For example, the policy of one language centre in WA
is to not publish any of the language resources produced in the course of their work, in the interests of
control and ownership and in recognition of the links between land, language and culture. This policy
ensures that language is used in the right context, that is, on-country and in relation to people and
culture.
9
On the other hand, some communities want language materials to be disseminated as widely as
possible for a variety of reasons, eg to maximise language revival, give access to language materials to
community members who live off-country, share ideas for publications with other Indigenous communities,
improve cross-cultural understanding.
Therefore, it is vital that consultants be sensitive towards and responsive to the needs and aspirations of
the particular local community which they are working with.
Another issue in relation to community control over the use of language materials is related to academic
research and exchange. This research and exchange is a vital part of the description and analysis, and the
revitalisation of languages. However, language owners and speakers are often not aware of academic
practices and how the language data they provide is used by a researcher. It is important that researchers
16 FATSIL Guide to Community Protocols for Indigenous Language Projects
17
share and explain in more detail the nature of their work, and what they do with the language data they
collect, record and analyse. The processes of researchers using language data for teaching purposes, to
publish or give papers at conferences should be made clear to language communities.
10
Finally, it is good practice for language publications to clearly state the purpose of their content. The
materials should only be able to be interpreted in the context that they were actually developed for.
Communities and their consultants need to be careful to minimise or eliminate the possibility of the
materials being used against the people who were involved in producing them.
Community development
…the revival of the language must be tied to practical situations and goals … should be seen as
part of a process of strengthening the community. It should not be tied to the past only, but must be
connected to the present and the future of a community. (Ignace, 1998, section 4.1).
Successful language projects are ones which focus on beneting the language communities, developing the
capacity of communities and empowering community members to develop language resources, to revitalise
and maintain their languages themselves.
Key features of successful language projects include that they:
• are suggested by the community rather than being determined by a consultant
• recognise, employ and build on the existing skills and knowledge in the community
• involve younger as well older community members
• incorporate formal or informal training opportunities (eg linguistics, education, ICT) for local people
• involve community members in an active way, in all aspects of the project, including developing
language research skills, collecting language data, documenting language, using equipment/
technologies, analysing language data, making decisions about publication format, design and layout
• result in a publication which is useful for the community
• explicitly recognise community contributions and ownership of language.
Ownership
Language projects and publications need to reect the fact that language
is owned by community and the whole community contributes to the
existence and preservation of language. Consultants need to recognise
that communities feel strongly that they are the custodians of their
languages and cultures.
Copyright
Australian copyright law, currently contained in the Copyright Act 1968, gives creators of particular
material exclusive rights in it. The purpose of the copyright regime is to reward intellectual effort while also
ensuring that copyright material enriches society by becoming freely available for use after a specied time.
Australian copyright law affects communities and consultants involved in developing and publishing
materials for language revitalisation. From an Indigenous perspective, however, there are problems with it,
10
This is covered in the model agreement.
16 FATSIL Guide to Community Protocols for Indigenous Language Projects
17
including:
• Copyright only applies to original material. However, much traditional Indigenous cultural knowledge
is passed down from generation to generation and may not be considered original, and therefore may
not be protected, under copyright law.
• Copyright applies only to specic works (eg literary works) and then only if these works are in material
form. It does not protect spoken words if these are not recorded in some way.
• Copyright is generally owned by the people who create the copyright material or their employers, or
the people or organisations to which a copyright owner transfers the copyright. However, Indigenous
views of knowledge ownership are often communal, and not based on who actually created the
knowledge.
• Copyright lasts, in general, for a limited time, then the material is in the public domain and permission
to use it is no longer required. However, Indigenous views of knowledge ownership include regarding
knowledge as for all time being handed down through the generations, and always remaining the
property of the community.
A single language publication may have many contributors. The language itself will be contributed by the
community, the language analysis and description by the linguist, the teaching ideas by the school. An
important aspect of Australian copyright is that different parts of a publication can be owned by different
contributors, and that copyright does not protect all kinds of contributions. For example, a multimedia CD-
ROM may consist of several components: the story/content, audio recording, photos/images, transliteration/
translation, alphabet and pronunciation guide, graphic design, the computer code of the programmer, and
the copyright in these components may, at least initially, be owned by different people. The person who
had the (mere) idea for the CD-ROM, however, does not have any copyright in that idea.
Communities and their consultants are aware that, under the Australian copyright regime and, unless
written agreements that provide differently are entered into, copyright rights in language materials
usually vest in non-Indigenous individuals or institutions, such as the Crown and funding bodies, not the
community. These non-Indigenous individuals or institutions then have exclusive rights in these materials,
eg to reproduce, publish, perform, communicate, and adapt them, for as long as copyright lasts or until
they transfer copyright ownership to someone else who then has these rights. It is proposed, however, that
a community and its consultants should all have a say as to what happens to their language publications,
where copies are stored, and who can have access to them. The model agreement developed by the Arts
Law Centre of Australia facilitates this for materials published in the future (see below).
Copyright in existing language materials
Unless communities are the copyright owner, or have permission from the copyright owner, they do not
have the right to use, and control the use of, many existing language materials. Furthermore, in the case of
unpublished printed and audio-visual materials (eg the unpublished recordings stored at AIATSIS) copyright
potentially lasts forever. Even if the material is published so that the copyright only lasts for a limited time,
it then falls into the public domain and becomes available for anyone to use. In either case, there can be
serious consequences for communities’ relationship to, and custodianship of, their languages and ICIP.
For these reasons, linguists and other researchers and consultants must give serious consideration to
transferring copyright in their existing works to the local or regional language centre (if established) or
alternatively, the most relevant local community organisation or AIATSIS.
18 FATSIL Guide to Community Protocols for Indigenous Language Projects
19
Copyright in future language materials
The model agreement developed by the Arts Law Centre of Australia helps to overcome some of the
difculties faced to date by communities and their consultants. Where a community works with a
consultant, use of this kind of agreement helps to protect communities’ intellectual and cultural property,
and determine what happens to the developed materials.
The model agreement recognises the contributions made by all parties to any language publication. It
includes the possibility of joint copyright ownership, where the different contributors can each have rights
over the materials - the right to publish, distribute and copy them.
Government departments have a long history of presuming that funding the development of resources
about Indigenous languages and cultures entitles them to free use of those materials. There are also special
provisions in Australian copyright law that favour federal and state government copyright ownership.
One of the aims of the Arts Law-FATSIL protocols and model agreement is to begin to challenge the
assumptions that underpin these legal frameworks and practices, and to increase the awareness of, and
support for, the cultural and intellectual property rights of Indigenous communities.
Recognition
Aboriginal and Torres Strait Islander contributors should be properly credited for their input into any
language project or publication, eg the names of individuals, and/or the language community as a whole,
need to appear in a prominent place in the publication. Publications contain the cultural and intellectual
property which belongs to Aboriginal and Torres Strait Islander communities and due recognition needs to
be made.
Wherever a language publication is sold widely, recognition must also include royalties, though many
people realise that many language publications are produced on a non-prot basis and that often sales
do not cover the cost of production. Some language publications are produced for limited circulation and
it is mostly the consultant, school and community members who will buy copies. However, it is strongly
symbolic that royalties, regardless of how small the amount, are put back into the local language program.
Consultants also need to be acknowledged for their contributions to a publication. Consultants bring to
language projects skills and knowledge which complement and build on those of the community.
Putting protocols into practice
Below is a set of examples of successful language projects and publications. The communities involved in
them believe that these projects illustrate how consultants and communities can work together well.
Consultation at work
A university research team came to work with our community on traditional land management techniques
in the local area. The research team followed all the right protocols. They contacted the community through
a community person, introduced themselves and their project plans. They asked if they could attend one of
our Language meetings in order to meet community members. They went back to the university and then
arranged for a community person to be their main point of contact with the community. The community
person was employed by the research team to distribute information and talk to community members
about various aspects of the project in advance of each visit by the research team. In this way people in
the community knew what was going on ahead of each visit by the researchers. At the end of the project,
18 FATSIL Guide to Community Protocols for Indigenous Language Projects
19
when the researchers were ready to publish, they asked people what they wanted to happen with the
information that had been collected and gave the community many possible options for what to do with
the material and which forms to publish it in. One choice even included not making it available outside the
community to the general public. In the end, it was published and community members all received copies.
A technique for consultation
The ‘Nominal Group Technique’ was found to be a successful method for maximising community
involvement in the development of our school policy statement. This statement was discussed in
conjunction with the entire community. School staff and all community members sat down outdoors and
talked about the future of the school and policy directions, using a set of discussion questions. Every
answer given by every person to every question was recorded in whichever language each person felt
most comfortable speaking. People could also choose not to respond to any of the questions. We had
two scribes, who were bilingual, and recorded everything that was said. The recorded answers were then
used as the basis for the school policy statement, using the ideas of the majority of the responses to each
question. This technique took a lot of time but it distributed speaking opportunities evenly and minimised
the dominance some voices may have had, if the discussion had been a general one and in English only. At
the end of the day, everyone felt satised that they had had their say.
Protecting publications
The Kimberley Language Resource Centre has been involved in producing a wide variety of language
resources, in both printed and electronic form. Ideas for all language projects go through the language
centre committee. It is the committee, not the language centre staff, which makes the ultimate decision
about a project going ahead. KLRC has contracted people with particular skills for specic projects, for
the life of the project. The centre works on the basic assumption that, in order to be successful, any
project needs the commitment factor from the community. The KLRC is an organisation which responds to
community requests. The way the centre works is by responding to and supporting community requests,
suggestions and initiatives. The project idea and materials comes from a community and the language
centre requires them to identify a group of people within the community to drive the project. The language
centre’s role is to provide the technical support (eg language analysis, producing publications) to develop
the best possible product at the end of the day, but ownership and commitment come from the community
members. Sometimes the reverse situation arises, when external researchers have an idea for a project
which they would like to undertake in a community. In these cases the KLRC directs them to a community
which might be interested in the suggested idea/project. However, it is up to the community to decide
whether or not to become involved.
Meetings that work
We had a wonderful Language meeting in 1998. People are still talking, years later, about how good it
was. The main reasons it was successful were that it was organised by Aboriginal people and everyone
was welcomed regardless of their qualications; the main criteria was that they had a passion for their
language.
School success
One of the schools I work for has a programmed meeting with all qualied staff and language teachers
every Thursday afternoon, where they discuss how it’s going, programme for following lessons, make
resources etc. This works really well, and an interesting spin off has been that the language teachers have
become much more condent in suggesting activities, and much more creative in designing resources.
20 FATSIL Guide to Community Protocols for Indigenous Language Projects
21
Language projects and publications need to reflect the fact that
language is owned by community and the whole community
contributes to the existence and preservation of language.
Consultants need to recognise that communities feel strongly
that they are the custodians of their languages and cultures.
Community control
The main reason for the success of the Gumbaynggir Dictionary project was that it was the community,
in particular the old people, who approached a linguist. It was the community which had the idea
and initiated the project. Throughout the whole project, the linguist provided technical advice and the
community picked up a lot of skills along the way. Many community members had input and were involved
in all aspects of the publication. It was not a case of the linguist doing the work in isolation. Community
members did research, collected written and oral sources, entered data, were involved in the analysis of
the language data, made decisions about which items would be included and how the dictionary would be
published. The result is a language resource which is useful to the whole community as well as useful in an
academic context.
Skills and training for young people
The Computer Culture project addresses the concerns raised by elders and other leaders of Cape York. The
project facilitates:
1. preserving our languages and cultures
2. strengthening our identity
3. encouraging our young people in the importance of education
4. being proud of who we are
5. managing our lands appropriately, according to our laws and culture.
Computer Culture is getting families engaged in education through cultural transmission using digital
technology. This not only involves recording/documenting biographies, languages, stories and special
places but also using our young local indigenous people, helping them to acquire the skills and training in
multimedia and IT to enable them to work in a school environment with children and the wider indigenous
community.
Working together
The Gooniyandi Dictionary Project is an example of a truly community generated and owned project. The
project was initiated at an orthography workshop in 1999, and has just recently reached a nal draft
stage. The involvement of one Gooniyandi speaker in particular has been crucial to the development of
the dictionary. Over the years, three different linguists have worked in close partnership with her. The goal
was to maintain a balance between linguistic accuracy and community ownership. The speaker has been
in control of the orthography to the extent that she edits and proofreads all dictionary entries, as well
as writing many of them. She also directed the overall development process, drawing feedback through
community workshops which she ran with the linguists. The nal draft of the dictionary is a functional one,
which can be accessed by anyone, and does not require formal linguistic training for its use.
Telling their own story
There are a number of publications by Wangka Maya Pilbara Aboriginal Language Centre that are notable,
but the one which has received most recognition on a wider level is that of Ngarla Songs by Alexander
Brown and Brian Geytenbeek. It was one of the three short-listed nominations for the 2004 WA Premier’s
20 FATSIL Guide to Community Protocols for Indigenous Language Projects
21
Award in Literature for Poetry. It is a signicant book in terms the beauty of its traditional style of poetry
and its Indigenous historical perspective of the early twentieth century. The two people who worked on
it did so in their own time and of their own motivation. Wangka Maya assisted only with editing, layout
and nding a publisher who would distribute the book nationally (Fremantle Arts Centre Press). The two
authors saw all drafts throughout the publication process. They made all of the decisions at every step,
including which pictures would be used, who the artist would be, what would go on the cover, right
through to the historical accuracy of the details in the drawings. Every aspect was under their control. They
are very happy with the product.
A CD of the songs did not accompany this book and this reects the authors’ wishes – if people don’t want
something to happen, it shouldn’t happen. As it turns out, the songs are now being recorded as a follow-
up. The authors have trust in the process and the time is now right for this to happen.
Creating relevant resources
In establishing a local language program, when consulting with communities who wish to revive language
but are unsure of how to go about it:
I have found that using language materials which were created in the classroom as a reference point
for communities to see how Indigenous languages can be used, as a very successful strategy. Videos,
language readers, CD-ROMs in a local language, exercise books and advertisements identifying local
community members in the pictures.
22 FATSIL Guide to Community Protocols for Indigenous Language Projects
23
Glossary
Agreement An agreement is a legally binding bargain or contract between 2 or more
people or organisations. With some exceptions, it can be written or oral
or both. In these Protocols, though, agreement means a formal contract
written or checked by a lawyer, and this term, and the term ‘model
agreement’ is used instead of ‘contract’.
consultants Consultants are people who work with and/or are employed formally or
informally by Indigenous communities to develop language materials.
Consultants may include principals and school staff, academic linguists,
community-based linguists, ICT specialists, editors and publishers.
copyright Copyright is a legal regime that gives a person or organisation exclusive
rights to copy and circulate particular materials resulting from intellectual
activity. Only the owner of these rights can use them and allow others to
use them. Particular categories of work are protected, and all must exist
in material form. Mere ideas are not protected.
Copyright rights arise as soon as qualifying work is created; there is no
system of registration in Australia. Except in the case of some unpublished
works, copyright does not last forever. For example, for materials like
published dictionaries, copyright lasts for the life of the person who
created it, plus 50 years after that person passes away.
Language materials are generally protected by copyright.
If someone uses copyright material without the copyright owner’s
permission, they are said to have ‘infringed’ copyright. Copyright owners
can bring court action against these people, and sometimes the person
also commits a criminal offence.
Copyright Act 1968
(Cth) This is a piece of Federal legislation that, with court decisions about this
legislation and its predecessors, contains current Australian copyright law.
ICT specialists Information and Communication Technology specialists are people
who have qualications and/skills in creating language resources using
computers, eg CD ROMs, websites.
Intellectual Property Copyright is only one of a number of laws that protect the products of
intellectual effort in a number of elds, such as the industrial, scientic,
literary and artistic elds. Other laws (some of which are contained in
legislation, and some in court decisions) include those protecting trade
marks, designs, patents and circuit layouts. This term is used to refer to
these laws together.
22 FATSIL Guide to Community Protocols for Indigenous Language Projects
23
Indigenous Cultural and
Intellectual Property (ICIP) As dened by Terri Janke (1998, p11) ICIP
consists of the intangible and
tangible aspects of the whole body of cultural practices, resources and
knowledge systems that have been developed, nurtured and rened (and
continue to be developed, nurtured and rened) by Indigenous people
and passed on by Indigenous people as part of expressing their cultural
identity, including:
•
Literary, performing and artistic works (including music, dance,
song, ceremonies, symbols and designs, narratives and poetry)
•
Languages
•
Scientic, agricultural, technical and ecological knowledge
(including cultigens, medicines and sustainable use of ora
and fauna)
•
Spiritual knowledge
•
All items of movable cultural property, including burial artifacts
•
Indigenous ancestral remains
•
Indigenous human genetic material (including DNA and tissues)
•
Cultural environment resources (including minerals and species).
language analysis/description An analysis or description of a language is made up of texts (eg
dictionaries and grammar books) which are based on the written or oral
recordings of language informants. These texts explain the structure,
features and patterns of a language.
language documentation Documentation of a language is made up of written and oral recordings
of language informants. These original recordings are then often used
as the basis for creating other language materials, such as dictionaries,
grammar books and resources for language teaching and learning.
language informants Language informants are Aboriginal and Torres Strait Islander people
who provide language data in written or oral form when working with eg
linguists, applied linguists, teachers.
language revitalisation In this document the term language revitalisation is used to cover a range
of types of language projects, including language renewal, language
maintenance, language revival, language reclamation.
perpetuity/in perpetuity This term means forever.
public domain When copyright in copyright protected material expires, the material
becomes freely available for anyone to copy and use. The material is then
said to have entered the ‘public domain’.
publish Under Australian copyright law, to publish something means to make
whole copies of it for supply to the public. It doesn’t matter whether the
copies are for sale or free. The publication can be in any form, including
printed (such as books and magazines) or electronic (such as web pages
and CD-ROMs).
24 FATSIL Guide to Community Protocols for Indigenous Language Projects
25
Useful contact organisations
11
Federation of Aboriginal and Torres Strait Islander Languages (Corporation)
295 King St
Melbourne Vic 3000
Ph: 03 9602 4700
Fax: 03 9602 4770
Email: [email protected], [email protected]
Website: http://www.fatsil.org
Arts Law Centre of Australia
43-51 Cowper Wharf Road
Woolloomooloo NSW 2011
Ph: 02 9356 2566, 1800 221 457
Fax: 02 99358 6475
Email: [email protected]
Website: http://artslaw.com.au
Aboriginal and Torres Strait Islander Language Centres, Projects and Programs in each state/territory
– FATSIL maintains a national directory of these, including:
• NSW Aboriginal Languages Research and Resources Centre
• Victorian Aboriginal Corporation for Languages
• Tasmanian Aboriginal Centre
• Katherine Regional Aboriginal Language Centre
• Institute for Aboriginal Development
• Wadeye Aboriginal Languages Centre
• Papulu Apparr-Kari Aboriginal Corporation
• Batchelor Institute of Indigenous Tertiary Education
• Cape York Indigenous Language Program
• Kombumerri Aboriginal Corporation for Cultures
• Magani Malu Kes – Torres Strait Islander Language Consultative Committee
• Yaitya Warra Wodli Language Centre Inc.
• Kimberley Language Resource Centre
• Noongar Language and Culture Centre
• Pundulmurra College
• Wangka Maya Pilbara Aboriginal Language Centre
• Wankanyi Ngurra Tjurta Aboriginal Corporation Language Centre
• Yamaji Language Centre
and many others. See the FATSIL website for the current database of contacts:
http://www.fatsil.org/contacts
11
This list is not exhaustive.
24 FATSIL Guide to Community Protocols for Indigenous Language Projects
25
Maintenance of Indigenous Languages and Records Program
12
Indigenous Transition Unit
Department of Communication, Information Technology and the Arts
GPO Box 2154
Canberra ACT 2603
Ph: 02 6271 1000
Fax: 02 6271 1947
Email:
Website: http://www.dcita.gov.au
Australian Institute of Aboriginal and Torres Strait Islander Languages
Lawson Crescent, Acton Peninsula
Acton, ACT 2601
Website: http://www.aiatsis.gov.au
For audiovisual materials, such as language recordings:
Ph: 02 6261 4212 (Audiovisual Access Unit)
Fax: 6246 4281
Email: [email protected]
For print materials contact:
Ph: 02 6246 1182 (Library Reference Desk)
Fax: 02 6261 4287
Email: [email protected]
Aboriginal Studies Press Bookshop
Lawson Crescent, Acton Peninsula
Acton, ACT 2601
Ph: 02 6246 1186
Fax: 02 6261 4288
Email: [email protected], [email protected]
Website: http://www.aiatsis.gov.au
Institute for Aboriginal Development Press and Jukurrpa Books
PO Box 2531 / 3 South Terrace
Alice Springs, NT 0871
Ph: 08 8951 1334
Fax: 08 8952 2527
Email: [email protected], [email protected]
Website: http://www.iad.edu.au
Ofce of the Registrar of Aboriginal Corporations
PO Box 2029
Woden ACT 2606
Ph: 1800 622 431
Fax: 02 6281 2739
Email: [email protected]
Website: http://www.orac.gov.au
12
Formerly administered by ATSIC.
26 FATSIL Guide to Community Protocols for Indigenous Language Projects
27
Aboriginal Student Support and Parent Awareness programme
Department of Education, Science and Training
16 Mort St / PO Box 9880
Canberra City ACT 2601
Ph: 02 6240 8111
Website: http://www.dest.gov.au/ieu/asspa.htm
Some schools in Australia have established an ASSPA committee,
eg. see http://www.schools.ash.org.au/ASSPA/schools.htm
An Indigenous education advisory group in your state/territory:
ACT ACT Indigenous Education Consultative Body
PO Box 719
Mawson ACT 2607
Ph: 02 6205 9295
Fax: 02 6205 5410
NSW NSW Aboriginal Education Consultative Group Inc.
37 Cavendish St
Stanmore NSW 2048
Ph: 02 9550 5666
Fax: 02 9550 3361
Email: [email protected]
Website: http://www.nswaecg.com.au
Aboriginal Curriculum Unit
Ofce of the Board of Studies NSW
GPO Box 5300 Sydney NSW 2001
Ph: 02 9367 8140 Fax: 02 9367 8476
Email: [email protected]
Aboriginal Programs Unit
Department of Education and Training NSW
Level 14, 1 Oxford St Darlinghurst NSW 2010
NT School Support Services
Department of Education NT
PO Box 1420
Alice Springs NT 0871
email: [email protected]
QLD Queensland Indigenous Education Consultative Body
PO Box 33 / Albert St
Brisbane Qld 4002
Ph: 07 3237 0833, 07 3237 0807
Fax: 07 3237 4099
website: http://www.qiecb.eq.edu.au
26 FATSIL Guide to Community Protocols for Indigenous Language Projects
27
SA Policy and Program Ofcers, Aboriginal Languages
Learning Outcomes and Curriculum Group
Department of Education and Children’s Services (DECS)
GPO Box 1152
Adelaide SA 5001
Ph: 08 8226 2825
Fax: 08 8359 3001
TAS Tasmanian Aboriginal Education Association
PO Box 247
Glenorchy TAS 7010
Ph: 03 6243 1759
Fax: 03 6243 1782
VIC Victorian Aboriginal Education Association Inc.
49 Brunswick St
Fitzroy Vic 3065
Ph: 03 9416 3833
Fax: 03 9416 3255
email: [email protected]
website: http://www.vaeai.org.au
WA Aboriginal Independent Community Schools (AICS)
PO Box 2373, Broome, WA 6725
Ph: 08 9193 6480, Fax: 08 9193 6484
email: [email protected]
PO Box 1817, Osborne Park DC, WA 6916
Ph: 08 9244 1077, Fax: 08 9244 2786
email: [email protected]
website: http://www.aics.wa.edu.au
Aboriginal Education, Training and Services Directorate
Department of Education and Training
151 Royal St
East Perth WA 6000
Ph: 08 9264 4111, 08 9441 1900
Fax: 08 9441 1901
Aboriginal Student Support Team
Catholic Education Ofce
50 Ruislip St
Leederville WA 6007
Ph: 08 9212 9249
28 FATSIL Guide to Community Protocols for Indigenous Language Projects
29
References and bibliography
Guidelines for language and culture work
Aboriginal Languages Standing Committee, Department of Education and Children’s Services, South
Australia (2003)
Indigenous Intellectual & Cultural Property Rights Position Paper,
unpublished manuscript.
Available from Greg Wilson, Project Ofcer Aboriginal Languages, SA DECS [email protected]
v.au
Australian Institute for Aboriginal and Torres Strait Islander Studies (2000) Guidelines for Ethical Research
in Indigenous Studies Canberra: AIATSIS. Available at the AIATSIS website http://www.aiatsis.gov.au/rsrch/
rsrch_grnts/rg_abt.htm
Australian Linguistic Society Linguistic Rights of Aboriginal and Torres Strait Islander Communities, as
published in The Australian Linguistic Society Newsletter no.84/4, October 1984. Available at http:
//www.latrobe.edu.au/rclt/als/ethics.html
Board of Studies NSW (2003)
NSW Aboriginal Languages K-10 Syllabus
. Sydney: Board of Studies NSW
Board of Studies NSW (2004) Syllabus Support Documents: Advice on Programming and Assessment;
Assessment for Learning in a Standards-referenced Framework (CD-ROM); and Winangaylanha Dhayn-gu
Gaay. Understanding Aboriginal Languages. Working with the Aboriginal Languages K-10 Syllabus (CD-
ROM). The syllabus and details of all of the syllabus support documents are available at http://www.board
ofstudies.nsw.edu.au
Board of Studies NSW (2001) Working with Aboriginal Communities. A Guide to Community Consultation
and Protocols. Sydney: Board of Studies NSW. Available at http://www.boardofstudies.nsw.edu.au/
aboriginal_research/index.html
Everett, Jim (2004)
Respecting Cultures
. Funded by Arts Tasmania and the Aboriginal and Torres Strait
Islander Board of the Australia Council; an initiative of Tasmania’s Aboriginal advisory committee. Can
be ordered or downloaded from the Arts Tasmania website http://www.arts.tas.gov.au/publications/
respectingcultures/respecting_cultures.pdf [includes a section on the retrieval of language and culture,
p13].
Galvan, Colin, Bruce Sims and Jill Walsh (1997)
Guide to Copyright
Broome, WA: Magabala Books.
Available for $2.50 per copy, from
Magabala Books, P.O. Box 668, Broome, WA 6725. Phone 08 9192
1991. Fax 08 919 5254. Email:
Ganai Yirruk-Tinnor Language Program (1995)
Guidelines for the Teaching of the Ganai/Kurnai Language
Program in Preschools and Schools.
Unpublished manuscript, available from Doris Paton, Central Gippsland
Institute of TAFE. [email protected] and Lynette Dent, Koorie Early Childhood Field Ofcer,
Gippsland Region, Department of Human Services [email protected]
Ivanitz, Michelle ‘Culture, ethics and participatory methodology in cross-cultural research’ in
Australian
Aboriginal Studies
1999, number 2, p 46 – 58. Full text article available on-line at http://ww.gu.edu.au/
school/ppp/research/paper/.pdf
28 FATSIL Guide to Community Protocols for Indigenous Language Projects
29
Janke, Terri (1998)
Our Culture: Our Future. Report on Australian Indigenous Cultural and Intellectual
Property Rights.
Sydney: Michael Frankel and Company, Solicitors. Prepared for Australian Institute
for Aboriginal and Torres Strait Islander Studies and Aboriginal and Torres Strait Islander Commission.
Available through the ATSIC website http://www.atsic.gov.au/issues/Indigenous_Rights/intellectual_
property/Default.asp
Kaurna Warra Pintyandi, Dr Alice Wallara Rigney and Lewis O’Brien (2003)
Kaurna Information Requests
,
unpublished manuscript. Available from Rob Amery, Unaipon School, University of South Australia
Koch, Grace and Jane Anderson (2003) ‘The politics of context: issues for the law, researchers and the
creation of databases’. Paper delivered at
Researchers, Communities, Institutions, Sound Recordings
,
conference presented by PARADISEC (Pacic and Regional Archive for Digital Sources in Endangered
Cultures), Sydney University, September 30 - October 1, 2003. Full text article available at http://conference
s.arts.usyd.edu.au/viewabstract.php?id=61&cf=2
Lowe, Kevin (2002)
Owning Language: Copyright, Ethics and the Development of Aboriginal Language
Programs
. Sydney: Board of Studies NSW. Available at http://www.boardofstudies.nsw.edu.au/aboriginal_
research/index.html or from the author [email protected]
Nathan, David (1999) ‘Language Support with I.T.: not a high wire act’. Paper presented at
Learning IT
Together
, Brisbane, April 1999. Available at http://www.it.usyd.edu.au/~djn/papers/NotHighWire.htm
Newry, David and Keeley Palmer. ‘Whose Language is it Anyway? Rights to Restrict Access to Endangered
Languages: a North-East Kimberley Example’. In Joseph Blythe and R. McKenna Brown (editors)
Maintaining the Links. Language, Identity and the Land. Proceedings of the seventh conference presented
by the Foundation for Endangered Languages
. Broome, Western Australia, 22nd – 24th September 2003,
p101-106. Conference proceedings can be ordered through the Foundation for Endangered Languages
website http://www.ogmios.org
Pitjantjatjara Council, Social History Unit (in preparation)
Accessing the Ara Irititja Project: research
protocols and procedures
. For details on the progress of the preparation of this document, see http:
//www.iritija.com/html/access.html
South Australian Department of Education and Children’s Services (2003) Indigenous Intellectual & Cultural
Property Rights Position Paper. Unpublished manuscript. Available from [email protected]
Victorian Curriculum and Assessment Authority (VCAA), in association with the Koorie Education Strategy
Team (KEST) in the Department of Education and Training, the Victorian Aboriginal Corporation for
Languages and the Victorian Aboriginal Education Association Inc. (2004)
Aboriginal Languages Study
Design
and
Aboriginal Languages Study Design Teacher Advice
. Melbourne: VCAA.
Wangka Maya Pilbara Aboriginal Language Centre
Copyright Agreement Form
. A one-page, plain English,
informal agreement. Request a copy by e-mailing the language centre [email protected]
30 FATSIL Guide to Community Protocols for Indigenous Language Projects
31
Other guidelines
Australian Broadcasting Commission, Indigenous Programs Unit (2003)
Cultural Protocols for Indigenous
Reporting in the Media
. Available at the ABC Message Stick website http://abc.net.au/message/proper
Australian Library and Information Association (ALIA) and Aboriginal and Torres Strait Islander Library
and Information Resource Network (ATSILIRN) (1995)
Aboriginal and Torres Strait Islander Protocols for
Libraries, Archives and Information Services
. Available freely at http://www.cdu.edu.au/library/protocol.html
and can be purchased from ALIA, PO Box E441, Queen Victoria Terrace, ACT 02 6285 1877, email:
Bostock, Lester (1997)
The Greater Perspective. Protocols and Guidelines for the Production of Film and
Televison on Aboriginal and Torres Strait Islander Communities
(2nd edition). Sydney: Special Broadcasting
Services. Available through the SBS website http://www.sbs.com.au/sbsi/documentary.html?type=6
Heiss, Anita ‘Australian Copyright vs. Indigenous Intellectual and Cultural Property Rights. A Discussion
Paper’. Australian Society of Authors. Published online at http://www.asauthors.org
Heiss, Anita ‘Writing About Indigenous Australia: Some issues to consider and Protocols to Follow. A
Discussion Paper’. Australian Society of Authors. Published online at “http://www.asauthors.org” http:
//www.asauthors.org
Janke, Terri (2002)
Protocols for Producing Indigenous Australian Literature; Music; New Media; Performing
Arts; and Visual Arts & Craft.
Australia Council for the Arts, Aboriginal and Torres Strait Islander Arts
Board. This set of 5 booklets can be ordered through the Australia Council website http://www.ozco.gov.au
Mellor, Doreen and Terri Janke (2001)
Valuing Art, Respecting Culture. Protocols for working with the
Australian Indigenous visual arts and craft sector
. National Association for the Visual Arts. Available at the
NAVA website http://www.visualarts.net.au
Queensland Department of Aboriginal and Torres Strait Islander Policy, Aboriginal Working Party (1999)
Protocols for Consultation and Negotiation with Aboriginal People
(3rd edition). Available at the Qld
DATSIP website http://www.indigenous.qld.gov.au/resources/cultures.cfm
Queensland Department of Aboriginal and Torres Strait Islander Policy, Mina Mir Lo Ailan Mun (1999)
Proper Communication with Torres Strait Islander People
. Available at the Qld DATSIP website http://www.i
ndigenous.qld.gov.au/resources/cultures.cfm
Indigenous language communities in other countries
Archive of the Indigenous Languages of Latin America
Intellectual Property Rights
. http://www.ailla.org/
site/ipr.html
Barnhart, Leslie (2002)
Intellectual Property Rights: A Reference Paper for Protecting Language and Culture
in the Digital Age.
Paper prepared for the Indigenous Language Institute, Sante Fe, New Mexico, USA.
Available at http://www.indigenous-language.org/resources/main.html
30 FATSIL Guide to Community Protocols for Indigenous Language Projects
31
Ignace, M. 1998.
Handbook for Aboriginal Language Program Planning in British Columbia
. This handbook
is intended to provide assistance to First Nations communities and organisations which want to design
or expand their language programs. It includes a section on developing language teaching and learning
resources, intellectual property and copyright. The handbook is accompanied by
Kavanagh, B. 1999.
Aboriginal Language Program Planning Workbook
. Both books were prepared for the
First Nations Education Steering Committee, Aboriginal Languages Sub-committee and are available at
http://www.fnesc.ca/publications/index.cfm?orderpubs=cost
Liberman, Mark (2000)
Legal, Ethical and Policy Issues Concerning the Recording and Publication of
Primary Language Materials
. Paper delivered at Institute for Research in Cognitive Science, University
of Pennsylvannia, Philadelphia, USA: Linguistic Exploration 2000, Workshop on Web-based Language
Documentation and Description. Available at http://www.ldc.upenn.edu/exploration/expl2000
New Zealand Ministry of Education (1999)
Consultation and Engagement with M ori. Guidelines for the
Ministry of Education
. Wellington NZ. Available at http://www.minedu.govt.nz
New Zealand Ministry of Education (2000)
Better Relationships for Better Learning. Guidelines for Boards
of Trustees and Schools on Engaging
with M
ori Parents, Whanau, and Communities.
Wellington NZ.
Available at http://www.minedu.govt.nz
