Overcoming the Myth of Extinction: The Path Toward Heritage Rights for the Tasmanian Aboriginals

Abstract

ABSTRACTHeritage rights figure prominently in the contemporary efforts of the Tasmanian Aboriginal community to reassert their identity and regain self-determination. A belief has persisted that the Tasmanian Aboriginals became extinct in 1876 as a result of colonization. Consequently, heritage is a contentious political issue in Tasmania, with dispute long focused on efforts to replace the state Aboriginal heritage protection legislation, the Aboriginal Relics Act 1975. A proposed new heritage protection Bill failed to pass Tasmanian Parliament in 2013, but an Amendment to the original Act was passed in 2017. This article analyzes the discourses that surround Tasmanian Aboriginal heritage in the past, proposed, and currently enforced protection legislation, highlighting areas where perspectives toward Tasmanian Aboriginal heritage have changed or entrenched. Of emphasis in the investigation are the definitions of heritage utilized in the legislation, the role of the Tasmanian Aboriginal community in heritage identification and protection, and penalties for damaging heritage sites. Incorporating interviews and analysis of legislation and stakeholder commentaries, the paper demonstrates the influence of the “myth of extinction” and areas where colonially derived attitudes persist in Tasmanian Aboriginal heritage legislation.