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Land rights indigenous australia essay
Essay on current aboriginal education
Land rights indigenous australia essay
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Australia is known as the land of opportunity, where all people are considered equal, and freedom is enjoyed. However, for the Indigenous people of Australia this has not always been the case. In the past, Indigenous and non-Indigenous people have not always shared the same rights. Land, cultural and basic human rights were taken away when the first settlers arrived as Aboriginals were seen as an inferior race (Lindqvist, 2007, p.4). The issue of Indigenous Australians gaining recognition for their rights has been going on for many years. Aboriginal and Torres Strait Islander people are entitled to have their claims acknowledged. These are stated in relevant human rights treaties, which includes the Universal Declaration of Human Rights and …show more content…
It is the ‘mother’ from which they used to source food and live (Kauffman, 1998, p.1). Before the settlers arrived in 1788, Australia was known as Terra Nullius meaning a land, as such, belonging to no one (Lindqvist, 2007, p.3). The Indigenous people of Australia were exiled from their own country as the English deemed Australia a place without inhabitants as they did not see the Aboriginals as a civilised race (Aboriginalheritage.org, 2015). The colonisation of Australia was devastating for the Indigenous people, who have existed on this land for more than 60,000 years. For years, they have been fighting to have their land rights recognised. In Gumatj Elders Milirrpum versus Nabalco, the Northern Territory Supreme Court ruled in 1971 that, under Australian law, Aboriginal people did not own the Arnhem Land reserve and that Nabalco could mine bauxite from the land after Gumatj Elders Milirrpum took on Nabalco Pty Ltd in a land rights case (Korff, 2015). This was the first litigation on native title in Australia. In 1992, the High Court of Australia handed down a …show more content…
More than 500 Indigenous tribes inhabited Australia prior to British settlement, and each group lived in close relationship to the land (Digital, 2015). Practicing and revitalising cultural traditions, spiritual traditions and customs should be a right for all Indigenous and non-Indigenous Australians (Streich, 2009, p.28). Indigenous Australians identify themselves through their region, language, relationships and stories. Their cultural heritage is passed on throughout the generations (Australia.gov.au, 2015). For the Aboriginal people killing animals for food and building shelters is a ritual and, very much, a cultural and spiritual journey. Indigenous people were restricted and prohibited from practicing their traditional culture, which resulted in the loss of their identity and limited the cultural knowledge for future generations. The Indigenous culture was attacked in an effort to make the Indigenous people more European. Their identity was threatened by giving them settler names, clothes, and removing them from their traditional lands and placing them on centralised reserves among other Indigenous people from many different tribes. This policy of segregation had an enormous impact on the lives of Aborigines. They were being deprived the right to practice and maintain the traditional
The validity of British’s occupation of Australia has been fundamentally shaken. The decision protected Aboriginal people’s cultures and lifestyles to a certain degree. Moreover, it guaranteed that some of the lands they live will not be developed. There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia (Australian Institute of Aboriginal and Torres Strait Islander Studies, 2017). For example, it helps to promote the idea of non-discrimination. From then on, a series of laws had been introduced to help safeguard their standard legal rights and
The National Apology of 2008 is the latest addition to the key aspects of Australia’s reconciliation towards the Indigenous owners of our land. A part of this movement towards reconciliation is the recognition of Indigenous Australians and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait Islanders. Eddie Mabo’s introduction of the Native Title Act has provided Indigenous Australians with the opportunity to state claim to their land, legally recognising the Indigenous and the Torres Strait Islanders as the traditional owners.
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 ... ...
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.
As European domination began, the way in which the European’s chose to deal with the Aborigines was through the policy of segregation. This policy included the establishment of a reserve system. The government reserves were set up to take aboriginals out of their known habitat and culture, while in turn, encouraging them to adapt the European way of life. The Aboriginal Protection Act of 1909 established strict controls for aborigines living on the reserves . In exchange for food, shelter and a little education, aborigines were subjected to the discipline of police and reserve managers. They had to follow the rules of the reserve and tolerate searchers of their homes and themselves. Their children could be taken away at any time and ‘apprenticed” out as cheap labour for Europeans. “The old ways of the Aborigines were attacked by regimented efforts to make them European” . Their identities were threatened by giving them European names and clothes, and by removing them from their tra...
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
Aboriginal spirituality originally derives from the stories of the dreaming. The dreaming is the knowledge and a sense of belonging that the Aboriginals had of the beginning of life and the relationship to the land and sea (Australian Museum, 2011). The dreaming stories are passed on from one generation to the next orally. These stories teach the following generations how to behave towards the land and other people. The dreaming stories give them a sense of duty to protect the land and appreciate it because the dreamtime stories indicate that the spirits have not died but are still alive in different forms as animals or humans, therefore the ancestor’s power is still felt through the landforms (Clark, 1963), (Australian Governement, 2008)
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
The connection Indigenous Australians have with the land was established, and maintained, by The Dreamings, passed down through generations binding Indigenous Australians to the land (National Film & Sound Archive, 2015). National Film & Sound Archive (2015), highlight that land and being can not be separated for Indigenous Australians as they form part of the land and are accountable for the preservation of the land. Indigenous Australian land rights originated from an intricate social process constructed on traditional core values; where the rights of the land were established on principles of descendants, kinship and marriage (Dodds, 1998). However, despite this, the British colonisation of Australia in 1788 brought about change when the land was declared Terra Nullius (Short, 2007). Short (2007) stated that as a result of Australia being declared Terra Nullius, Indigenous Australians had no legitimate claim to their land. Hence, British colonisers dispossessing Indigenous Australians of their land rights as the customs established by Aboriginal and Torres Strait Islander people were not recognised or taken into consideration by the British Government (Short,
The Australian Aboriginal People: Dating the Colonization of Australia. Abstract The colonization of each continent by modern human populations remains an important question in our history as a species. Studies of variations in mitochondrial genomes, Y-chromosomes, satellite DNA, and other genetic markers can be used to estimate the time of divergence of one population from another. Recent advancements in technology have advanced our capabilities in genetic analysis.
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 ...
The Doctrine of terra nullius is “land that is uninhibited” or “land that belongs to no-one” was used in association with the original British Settlers. When the British settlers arrived, a lot of issues had risen as they ignored the indigenous Australians and regarded them as “not human” who owned land even though they had practiced traditions and customs for hundreds and thousands of years. The British treated Australia as terra Nullius. However due to the doctrine of Terra Nullius it states that Indigenous Australians could not sell or assign any land, nor could any individual person to retain or acquire it, besides from the distribution of royalty. According to international law the British were only able to take possession of a country through only 3 different ways. 1- If the country was uninhabited meaning that British could claim ownership of that land 2- if the country was inhabited Britain would have to seek permission from the owners of the land. In this case it would be the Aboriginal people and they would have to purchase it for ...
Indigenous people are those that are native to an area. Throughout the world, there are many groups or tribes of people that have been taken over by the Europeans in their early conquests throughout the seventeenth and eighteenth centuries, by immigrating groups of individuals, and by greedy corporate businesses trying to take their land. The people indigenous to Australia, Brazil and South America, and Hawaii are currently fighting for their rights as people: the rights to own land, to be free from prejudice, and to have their lands protected from society.
But when it did get cold in the winter they slept and lived in shelters. These shelters were made of a frame work of branches and sticks then they were covered with leaves and branches. Or the aboriginals slept next a camp fire.