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An example of aboriginal land rights
An example of aboriginal land rights
Impact of institutional policies on aboriginal australians
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The introduction of Government Policy through the Aboriginal Protection Act. had a major impact on the lives of Aboriginal people past and present. This case study looks into the story of Coranderrk during this time of inequality and segregation through Government law and regulation.
The missionary period was a time of change for the Aboriginal people. After only thirty years of white settlement the population of first Australians reduced from 60,000 to just 2000. The impact of colonisation had a devastating effect, the aboriginal people were rapidly on their way to extinction, and had lost everything. They had lost their land, language, culture and freedom. Colonists denied Indigenous people the existence of their culture and therefore Indigenous
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people were also losing their identity. Aboriginal people were segregated, separated to remote areas to die out alone. As followers of the Christian faith, white settlers took it upon themselves as a sense of obligation to care for the Indigenous people. The first Australians were taken to missions where they would learn to live like the European settlers. With the realisation that the Aboriginal people would not simply die off, the Protection Board was established. Reserves were set up after the pronouncing of the Aboriginal Protection Act.
offering a safe place, with food, water and protection. Aboriginal people, however, first had to covert to Christianity and live as a European. Accepting the loss of their land, Native’s such as Simon Wonga, knew they needed to adapt to the new world. After forming a friendship, Simon Wonga and British Priest, John Green, actively took it upon themselves to educate the Aboriginal children for European life, and claimed land, Coranderrk, to do so. Green had a vision to make Coranderrk a place where Aboriginal people could have a small portion of their own land. Green held no prejudices, allowing the Aboriginal people of Coranderrk to govern themselves and work like white people. Indigenous people were required to be helpful and civil within the community, however unlike European settlers the Protection Board was under no obligation to pay them any wages. This caused conflict, and when Greens’ promises were broken by the Board, he resigned from the reserve, withdrawing his resignation only a few days later. The Board, however, refused to reinstate him. Not long later, Simon Wonga died of tuberculosis, leaving his cousin William Barak to lead. After no response to pleading letters to the Board for Greens’ reinstatement, Barak wrote directly to the minister. The Board was furious at this and decided to sell the land of Coranderrk, commencing two years of protests, which resulted in the Royal Commission
issuing Coranderrk as a permanent residence. The Protection Board had an extensive range of control over the Aboriginal people with the ability to dictate their lives; this included their finances, residency and the ability to split families. In 1886 the Aboriginal Protection Board drafted a new law, not only making them more money but also eradicating the first Australians, leaving reserve land to be sold. The law, known as the half cast act, considered any Indigenous person with white heritage who was under the age of 34 to no longer be considered Aboriginal, and therefore must leave the reserve, only full blood Aborigines could remain. The half cast act was the Protection boards final solution to eliminate the first Australians, leaving Indigenous people to dissolve into the mainstream population. With this law in place children were unwillingly removed from the care of their parents, leading to the beginning of the stolen generation. With the community of Coranderrk reduced to 27 ageing Aborigines, Coranderrk’s living conditions deteriorated. In 1924, Coranderrk was forced to close.
Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals.
Charles Perkins was an Australian Aboriginal Activist who experienced firsthand the poor living standards and treatment of Aboriginals as he lived in aboriginal reserve until 10 then in a boy’s home (Anon., 2013). He was a well know national fi...
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.
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 o...
During the late sixteen century, when the first fleet arrived to Australia and discovered the free settlers or known as Australian Indigenous inheritors (The Aborigines), the community of aboriginal inhabitants since then have experienced vast levels of discrimination and racism against their gender, race, colour and ethnicity. The term over representations refers to the presents of minority or disproportionate ethnic aboriginal groups represented in the criminal justice system (CJS). This essay will further explain the relationship between aboriginal communities and policing discussed in Blagg (2008) and Cunneen (2007, the three major sources of concern in association to aboriginal over representation in CJS which include; systematic bias,
In the nineteenth century, the “History wars” became the fight between the most prominent historians revolving around the deception of frontier conflict between the labor and coalition. The debate aroused from the different interpretations of the violence that took place during the European colonization and to what degree. It became a crisis in history, emerging from the dispossession of the Aboriginal and Torres Strait Islanders (ATSI) that resulted in exclusion of their traditions and culture. The ATSI were the first people of Australia that brought along a different culture, language, kinship structures and a different way of life (Face the Facts, 2012). Post European colonization was a time where the ATSI people experienced disadvantage in the land they called home. With the paramount role as future educators, it demands proficient knowledge on the Australian history and one of the most influential moments in our history started from the first European settlers.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
The Indian act, since being passed by Parliament in 1876, has been quite the validity test for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have bred as much dismay, anger and debate compared to the Indian Act—but the legislation continues as a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred against current and historic terms of the Indian Act is powerful, but Indigenous governments and politicians stand on different sides of the fence pertaining to value and/or purpose of the legislation. This is not shocking, considering the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act.
Despite the decreasing inequalities between men and women in both private and public spheres, aboriginal women continue to be oppressed and discriminated against in both. Aboriginal people in Canada are the indigenous group of people that were residing in Canada prior to the European colonization. The term First Nations, Indian and indigenous are used interchangeably when referring to aboriginal people. Prior to the colonization, aboriginal communities used to be matrilineal and the power between men and women were equally balanced. When the European came in contact with the aboriginal, there came a shift in gender role and power control leading towards discrimination against the women. As a consequence of the colonization, the aboriginal women are a dominant group that are constantly subordinated and ignored by the government system of Canada. Thus today, aboriginal women experiences double jeopardy as they belong to more than one disadvantaged group i.e. being women and belonging to aboriginal group. In contemporary world, there are not much of a difference between Aboriginal people and the other minority groups as they face the similar challenges such as gender discrimination, victimization, and experiences injustice towards them. Although aboriginal people are not considered as visible minorities, this population continues to struggle for their existence like any other visible minorities group. Although both aboriginal men and women are being discriminated in our society, the women tends to experience more discrimination in public and private sphere and are constantly the targeted for violence, abuse and are victimized. In addition, many of the problems and violence faced by aborigin...
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
Aboriginal people groups depended on an assortment of unmistakable approaches to sort out their political frameworks and establishments prior to contact with Europeans. Later, a considerable amount of these establishments were overlooked or legitimately stifled while the national government endeavored to force a uniform arrangement of limitlessly distinctive Euro-Canadian political goals on Aboriginal social orders. For some Aboriginal people groups, self-government is seen as an approach to recover control over the administration of matters that straightforwardly influence them and to safeguard their social characters. Self-government is alluded to as an inherent right, a previous right established in Aboriginal people groups' long occupation
Barsh, R. 2005. Aboriginal peoples and the justice system: Report of the national round table on Aboriginal justice issues (Book Review). Great Plains Research, 359-362.
Before the Indigenous Australians gained Land Rights in Australia, in 1788 the East Coast of Australia was claimed by the English Monarch and was called Crown Land. The reason behind the English Monarch's claim for Crown Land was that they believed that that land was “terra nullius”, meaning land belonging to no one”. In 1976 the Northern Territory was the first state government to allow Indigenous Australians to claim Crown Land and reserves in the Northern Territory that no one had the use for. Commission and increased funding was also granted to Indigenous Australians through the 1975 Racial Discrimination act made by the Whitlam Government. These acts and decisions were then overruled against in 1985 by the High Court. Article 8 “everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution of law” and Article 16 “the family (...) is entitled to protection by society and the State” of the UDHR are evidence of the discrimination Indigenous Australians faced by the government as they were once again stripped away of their human rights and land titles. Indigenous Australians only began to grant land from the English Monarch after the case between Mabo and others versus the State of Queensland took place that decided in favour of
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
According to Keefe (1992:53) “Aboriginality is a complex social reality, only artificially explained by the abstract divisions of resistance and persistence’ and modern history demonstrates the connections between official education policies (or attitudes used by the dominant group) and key events in Aboriginal Australian history.