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Aboriginal land rights in australia uk essay
Indigenous people of australia
Essay on aboriginal land rights
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Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century. With the political changes in our society, and the apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a voice in today’s society. Described by Pat Dodson (2006) as a seminal moment in Australia’s history, Rudd’s apology was expressed in the true spirit of reconciliation opening a new chapter in the history of Australia. Considerable debate has arisen within society as to whether aboriginals have a right to land that is of cultural significance and whether current land owners will be able to keep their land.
An issue facing society is whether legislation in place is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners who will be affected by the Native Title Act 1993 (Cth). To determine whether legislation is sufficient and fair, an investigation into the current societal view point needed to be considered by legislators. These legislators needed to evaluate the ways in which other societies had catered to the needs of indigenous land owners. Through consideration of these points, recommendations and changes to legislation need to be debated and enacted to ensure more equitable legislation on land rights within Australia
Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus of legislation in the past w...
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Brennan, F. 1995. One land, One Nation. St Lucia, Queensland: University of Queensland Press.
Richard Harding, Roderic Broadhurst, Anne Ferrante, Nini Loh. 1995. Aboriginal Contact with the criminal justice system. Leichardt, NSW: Hawkins Press
Keon- Cohen, B. 2001. Native Title in the New Millennium. Sydney: Panther Publishing.
Choo, C and Hollbach, S. 2003. History and Native Title. Western Australia: Studies in Western Australian History.
Australian Government. 1993. Addressing the key issues for reconciliation. Canberra: Australian Government Publishing Service.
Bourke, E and Edwards, B. 1994. Aboriginal Australia. St Lucia, Queensland: University of Queensland Press.
Healey, J. 2002. Aboriginal Disadvantage. Rozelle NSW: Spinney Press.
Healey, J. 2007. Native Title and Land Rights. Thirroul NSW: Spinney Press
In conclusion, as a cornerstone of Australia legal system, the Mabo case had profound effects on protecting Aboriginal people. After twenty-five years of development, the situation is getting more and more better. However, the government can still have more powerful and forceful measures to improve those people’s
Indigenous People. In evaluating the Legal System’s response to Indigenous People and it’s achieving of justice, an outline of the history of Indigenous Australians - before and during settlement - as well as their status in Australian society today must be made. The dispossession of their land and culture has deprived Indigenous People of economic revenue that the land would have provided if not colonised, as well as their ... ... middle of paper ... ...
Their main vision is to empower the idea of a shared country and encourage opportunities for growth. With the perplexed requirements set out by the Native Title Act, this tribunal has helped claimants by providing legal aid to increase the chances of regaining lost land. For example, the Wik Peoples v Queensland (1996) 187 CLR 1 case was successful in recognising the lost land of the Wik people of Cape York. “They claimed native title over land that had previously been leased by the State Government to farmers for pastoral use” (Woodgate, Black, Biggs & Owens, 2011, p.354). The court then decided by a 4:3 majority that pastoral leases did not necessarily extinguish native title. This means that, in some cases, native title rights will co-exist with the rights of the pastoralists. Therefore, through progression and more native title cases heard, the laws surrounding the Native Title Act will adapt to further assist the Indigenous Australians in reclaiming their land. For instance, the processes surrounding Native Title issues are constantly being refined. As more and more people and political parties become aware of this process, the easier court litigation will become (Dow, 2002)
Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century and the changes of societal attitudes. With the political changes in our society, and the apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a voice in today’s society. Kevin Rudd’s apology as described by Pat Dodson (2006) as a seminal moment in Australia’s history, expressed the true spirit of reconciliation opening a new chapter in the history of Australia. Although from this reconciliation, considerable debate has arisen within society as to whether Aboriginals have a right to land of cultural significance. Thus, causing concern for current land owners, as to whether they will be entitled to their land.
The Aboriginal Legal Services was an Aboriginal organisation generated by these activists to defend Black People’s rights and of families who passed away in custody. Across the country there have been many alarming deaths in prison and police custody which caused a real distress in the early 1980s amongst the Aboriginal community. During an investigation conducted by the RCIADIC nearly 99 deaths occurred in police custody in one average year. The difficult interaction between CJS and Aboriginal’s into Aboriginal Deaths in custody according to the Royal Commission has had an essential impact of
A political debate derived from 1990’s that held the British colonists culpable for the beginning of the ‘history wars’ that many protagonists became involved in. ‘History wars’ is divided into two views, one being a conservative view that considered the European settlement to be an achievement of taming hostile land. The progressive view on the other hand, perceives the history to be a reminder of the invasion of their land, frontier violence and dispossession of Indigenous owners. John Howard who represented the liberal party was one of the main protagonists within this controversy, representing the conservative view. Paul Keating, the labor party representative became a legacy, a Keating legacy that began reconciliation evolving in practical and symbolic ways (Ke...
The Effectiveness of Native Title The debate about native title issues has tended to see issues from idealistic perspectives ignoring the practical realities that native title poses to governments, industry and indigenous people. The implementation of the Native Title is an appropriate and significant aspect of Australia’s common and statute law, which effectively strives to develop a fair outcome for all Australian citizens. The Native Title Act 1993, like the court Mabo decision in 1992, transforms the ways in, which indigenous ownership of land may be formally recognised and incorporated within Australian legal and property regimes. The process of implementation, however, raises a number of crucial issues of concern to native title claimants and to other interested parties. These issues will need to be settled in court however, despite the many disputes between opposing stakeholders, the Australian Native Title effectively reaches the best and fairest possible outcomes for all Australian citizens.
How Have Indigenous Australians been Treated In the past 200 years in regards to Australia’s Constitution as well as Government Legislation surrounding the treatment of Aborigines
Gard, S. (2000). A history of Australia. The Colony of New South Wales. South Yarra: MacMillan Education Australia Pty Ltd.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
The rights and freedoms achieved in Australia in the 20th and 21st century can be described as discriminating, dehumanising and unfair against the Indigenous Australians. Indigenous Australians have achieved rights and freedoms in their country since the invasion of the English Monarch in 1788 through the exploration and development of laws, referendums and processes. Firstly, this essay will discuss the effects of the Universal Declaration of Human Rights on the Indigenous Australians through dehumanising and discriminating against them. Secondly, this essay will discuss how Indigenous Australians gained citizenship and voting
Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v. the State of Queensland case and the importance behind today’s teachers understanding and including Indigenous
The Stolen Generation has had a profound impact on every aspect of the lives of Indigenous communities. It has jeopardised their very survival. It has impoverished their capacity to control and direct their future development. The Stolen Generation has corrupted, devastated and destroyed the souls, hopes and beliefs of many Australian lives through damaging assimilation policies established in an attempt to make a ‘White Australia’ possible. Discrimination, racism and prejudice are some of the many permanent scars upon Indigenous life that will never be repaired. However, recently Rudd and the Australian public have sincerely apologised for the detrimental effects the Stolen Generation had caused. The Stolen Generation has dramatically shaped Australian history and culture.
“Today we honour the Indigenous peoples of this land, the oldest continuing cultures in human History. We reflect on their past mistreatment. We reflect in particular on the mistreatment of those who were Stolen Generations—this blemished chapter in our nation’s history. The time has now come for the nation to turn a new page in Australia’s history by righting the wrongs of the past and so moving forward with confidence to the future. We apologise for the laws and policies of successive Parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians” (apology by Prime Minister, Kevin Rudd, 16th November 2009, Parliament House, Canberra.)
Since European invasion in 1788, Indigenous Australians have struggled to maintain their rights and freedoms and to have governments recognise them. Over time, state and Commonwealth governments have implemented policies that have discriminated against Australia’s Aboriginal and Torres Strait Islander peoples, denying them equality, opportunity and control of their own lives and those of their children (Jacaranda, 2012). Indigenous Australians have been politically active in demanding their rights. Charles Perkins was an Aboriginal Activist who fought in the struggle for recognition, justice and legal acknowledgments for Indigenous people. To a large extent Charles Perkins has impacted the civil rights of Indigenous Australians; significantly advancing human rights and paving the way for reconciliation.