The statement “Over time, particular groups within the Australian political and legal system have been disadvantaged” is valid to a great extent. Indigenous Australians (IA) have been disadvantaged since colonial times. At Federation IA’s were disadvantaged in the Constitution and have continually been discriminated against through statute law, government policy and high court rulings. There has been an increase in black activism over the years however IA’s are still disadvantaged in modern Australia 's political and legal system.
IA were disadvantaged prior to federation. In 1816 a set of regulations were passed controlling the movement of IA’s, deeming no IA is to appear within a mile of any settlement. NSW Governor Sir Richard Bourke in 1835 established the concept of terra nullius, ‘nobody’s land’. This was further upheld in the High Court (HC) case Murrel 1836 in which the HC adopted the concept of terra nullius if empty land is not colonised. An Aboriginal Protection Board was also established to manage the IA population through removing children from
…show more content…
Aboriginal Men’s Healing Centre (AMHC) is a 28 bed centre in a culturally appropriate environment to care for IA struggling with the impact of domestic violence, with former Indigenous perpetrators acting as mentors. This is one example of a step forward in breaking the disadvantage of IA .
The government spends almost $3.5 billion each year to alleviate the disadvantage of IA. However, this has created conflict within the system with people claiming to be indigenous to receive welfare. In Eatock v Bolt 2011, Bolt breached the Anti-Discrimination Act 18c, offending ‘fair skinned Aboriginals’ with highly derogatory and offensive statements. 2014 Adam Goodes was named Australian of the Year “for his leadership and advocacy in the fight against racism both on the sporting field and within society” after a 13 year old girl called him an
In 1901, the same year Australia was federated, the Commonwealth constitution stated that “Aboriginal natives votes shall not be counted” and thus placing them into the flora and fauna section and introducing the white Australian policy (Korff, 2011). David Unaipon was just 29 years old when this occurred (Gizmodo, 2004). While Unaipon was alive there were many instances of institutionalised racism that further widened the gap between aborigines and Caucasians (Gizmodo, 2004). In 1926, when Unaipon was 54 years old 11 aborigines were murdered, however when the criminal was caught, they were let free (Korff, 2011). This shows that aborigines were being discriminated against throughout Unaipon’s life with many laws targeted against them and many legal options being taken away from them. It was only in 1967 that the indigenous were given basic rights, and were included in the Australian census and fully classed as a “person” and recognised for this (Korff, 2011). Sadly, this was held 109 days after Unaipon died and proves that he had to endure racism during the entirety of his life. It is evident through these examples that racism played a major role in why David Unaipon’s ability was not used in science and this is seen through the institutionalised racism present during Unaipon’s life.
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.
Over the years Australia has had many different problems with racism and racism affecting peoples’ lives. Many racial groups have been affected, most significantly the Aboriginals. The end of world war two in 1945 marked a huge change in types of racism. Australia went from the ‘superior’ white Australians dominating over immigrants and aboriginals. To a relatively multicultural and accepting society that is present today.
...ndigenous recognition and the removal of racist remarks has been an on-going theme for a vast majority of time. The necessity of Constitutional reform to close the gap on cultural divide as well as support the on-going concept of reconciliation is essential in ensuring Australia continues to improve and nurture its relationship with Indigenous peoples. The process of amendment through referendum has proven to be problematic in the past, with the success rate exceptionally low. Though with key factors such as bi-partisan support, widespread public knowledge and correct management, the alteration to remove racial discrimination and provide recognition for Indigenous persons within the Constitution is highly achievable. If proposed and eventually passed, this will provide assistance in eliminating many of the cultural gaps Indigenous persons face throughout society.
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
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,
The reason for this report was to explain the steps that were taken to create and implement this action plan and the outcomes. My three actions were established to help carry out my vision of bringing together the two sides by creating equality and harmony. First I wanted to create a better understanding of Aboriginal history, culture and their people within my family and friendship groups. I tackled this by talking not only in-person but also over social media about the past struggles of Aboriginal people and reduce the stigma and misconceptions that surround Aboriginal people. The second action was to restore trust between Aboriginal and non-Aboriginal Australians by involving friends and family in public and activities and events that are related to learning more about what gaps need closing and coming together. My third action plan was to eradicate racism and as a way to contribute to this cause long term, I signed up to be a Constitutional Recognition Campaigner through ANTAR. As this campaign is about changing the Australian constitution to include Aboriginal people and also to remove sections that have to power to stop Aboriginal people from voting and sections that give the Australian governmen...
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
Since the first fleet arrived on the rugged, yet beautiful shores of Australia, Indigenous australians have been treated appallingly and have even be recognised as ‘flora and fauna’ by the invading Europeans. They have been discriminated against by unequal pay and citizenship rights, no recognition of land rights and racial prejudice. However, after the 1930’s certain people have achieved change through fighting for aboriginal rights which has had a huge impact on Australia. One of these people was a woman, Faith Bandler a South Sea Islander Australian.
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
Cunningham, J. & Paradies, Y.C. 2013, 'Patterns and correlates of self-reported racial discrimination among Australian Aboriginal and Torres Strait Islander adults, 2008-09: analysis of national survey data', International Journal for Equity in Health, vol. 12, no. 1, pp. 47-61.
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.
Within Australia, beginning from approximately the time of European settlement to late 1969, the Aboriginal population of Australia experienced the detrimental effects of the stolen generation. A majority of the abducted children were ’half-castes’, in which they had one white parent and the other of Aboriginal or Torres Strait Islander descent. Following the government policies, the European police and government continued the assimilation of Aboriginal children into ‘white’ society. Oblivious to the destruction and devastation they were causing, the British had believed that they were doing this for “their [Aborigines] own good”, that they were “protecting” them as their families and culture were deemed unfit to raise them. These beliefs caused ...
Domestic violence is a terrible curse to all those involved. It inflicts harm on the victim, the perpetrator and witnesses, whether they be children or not. While support services have long been available to assist women and/or children overcome any issues that arise as a result of domestic violence, these services have left out a significant portion of victims, those that are male. In 2012 The Australian Bureau of Statistics found “That 33.3 per cent of victims of current partner violence during the last 12 months were male” (ABS, 2012) and “37.1 per cent of victims of emotional abuse by a partner during the last 12 months were male” (ABS, 2012). This shows the amount of victims that are being left behind by domestic violence support networks in their current state, despite their good intentions. For such a painful and difficult time it is not adequate to leave one third of those suffering behind.
Key events in Aboriginal Australian history stem from the time Australia was first discovered in 1788. For instance, when Federation came into existence in 1901, there was a prevailing belief held by non Aboriginal Australians that the Aborigines were a dying race (Nichol, 2005:259) which resulted in the Indigenous people being excluded from the constitution except for two mentions – Section 127 excluded Aborigines from the census and Section 51, part 26, which gave power over Aborigines to the States rather than to the Federal Government. Aboriginal people were officially excluded from the vote, public service, the Armed Forces and pensions. The White Australia mentality/policy Australia as “White” and unfortunately this policy was not abolished until 1972. REFERENCE