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8.1 Disputes about governance
- Common causes of complaint
- Indigenous and western dispute resolution
Many grievances and disputes arise from governance arrangements themselves.
For example:
- within the membership of a community or organisation
- within the organisation’s leadership, staff and/or management
- between organisations
- between a community or organisation, and external stakeholders or other parties
Common causes of complaint:
- whether service delivery and government funding is adequate
- whether leaders have the right to lead and represent their organisation
- how money, resources and benefits are distributed
- whether decision making is fair and transparent
- whether a conflict of interest has occurred
- management and staff taking over the role and authority of the directors
- the rights and interests of people in land
- particular families running organisations
- identifying who should be members of an organisation
- capacity, fairness and honesty of governments and their officers
- capacity, fairness and honesty of leaders and of managers
- leaders intervening in the work of management and staff
Decisions about disputes cannot be based on particular family connections, a single leader’s opinion, or a view of how things were done in the past.
It is important to work out ways to deal with disputes fairly. They must be supported in the community—otherwise they won’t be effective.
Whatever the procedures, all decisions made about disputes and grievances should be fully documented and the processes must be thorough and transparent.
See: Resource 8.1 Tool—Conflict analysis
Indigenous and western dispute resolution
Indigenous dispute resolution
Traditional ways for resolving disputes and grievances are often action-oriented and may involve:
• The decision to punish offences physically
• sending people away from the community or group or self-imposed absence
• exchanging cash, food, services or other goods
• religious and spiritual enforcers of punishment, cleansing ritual, or exclusion from religious ceremony and knowledge
• symbolic apology or planned fights or confrontations
At their heart is the desire to restore social relationships and reaffirm systems of authority.
Indigenous dispute-resolution methods generally involve families and communities. It is about collective rights, responsibilities and restitution which is different from the Western focus on individual rights and ‘arms length’ punishment by courts.
Families help prevent people offending, because of the prospect of payback against the family. If someone does break Indigenous law, families are also usually involved in deciding the punishment.
Differences between the Indigenous and western processes
These differences present a major challenge. For example, Indigenous leaders often don’t want to upset their relationships. This can affect decision making and planning, especially if it involves resources or benefits. Also, when conflict arises over governance issues there is greater potential for it to be highly disruptive, both socially and politically.
Indigenous people need to be involved in the design and delivery of their own dispute resolution processes. They need to work ‘two-ways’—for example, taking account of western law if they are part of a corporation, as well as their Indigenous culture.
See: Resource 8.2 Tips—Managing controversy or disputes in meetings
Dispute resolution: 'Two Ways: Yapa and Kardiya Ways'
This painting entitled: Two Ways: Yapa and Kardiya Ways is reproduced with the kind permission of the artists, Gwen Brown and Marjorie Hayes, members of the Kurduju Committee from Ali Curung in the NT.
The painting depicts the Aboriginal dispute-resolution process at Ali Curung:
'Community organisations on the left are represented by three big circles arching over the one larger centre circle, representing a community meeting. The two bottom circles represent Elders and Traditional Owners. These two groups act as adjudicators and provide legitimacy to the decision-making processes.
On the right side of the painting is the Kardia (western) criminal justice process. There is a Judge, the Secretary, Jury, prosecutor, defence Lawyers, the trouble maker and members of the public. ... sometimes there is no verdict, then they close the Court and appeal to the High Court, and the High Court finds the verdict.'
The Kurduju Committee report by the Combined Communities of Ali Curung, Lajamanu and Yuendumu Law and Justices Committee, Vol.1 December 2001.
Read next: 8.2 How to deal with disputes and complaints
Read previous: 8. Dealing with disputes and complaints