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The national apology essay
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Intro: 50-80 words 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. Body Paragraph 1: 200-300 words Eddie Mabo’s success at land rights has reshaped and rewrote Australian society and history. Mabo was born a Torres Strait Islander and a member of the Meriam people on Murray (Mer) Island, 1936. He went on to be an Indigenous community leader and human rights activist after marrying Bonita Nehow in 1959 and joining the Torres Strait Islander community, consequently becoming director of the Townsville Black Community School in 1973. Patrick Hatch, reporter for Herald Sun Newspaper 2013, reiterated Mabo’s reaction once told his land on Mer belonged to the Crown and not his family by Professor’s Noel Loos and Henry Reynolds, co-workers from James Cook University where Mabo worked as a gardener in 1974. “Everybody kn... ... middle of paper ... ...oundation: http://www.documentaryaustralia.com.au/case_studies/details/22/mabo-life-of-an-island-man Hatch, P. (2013, April 5). Eddie Mabo's epic fight for land rights changed Australian law and history. Retrieved from Herald Sun: http://www.heraldsun.com.au/news/law-order/fight-for-land-rights-changed-history/story-fnat7jnn-1226613120932 Way, R. N. (2013, January 19). Edward Koiki Mabo 1936-1992. Retrieved from Racism No Way: http://www.racismnoway.com.au/teaching-resources/factsheets/54.html Way, R. N. (2013, February 4). The Racism. No Way! Project. Retrieved from Racism No Way: http://www.racismnoway.com.au/site/about.html Wikipedia. (2014, March 19). Herald Sun. Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Herald_Sun Wikipedia. (2014, April 11). The Sydney Morning Herald. Retrieved from Wikipedia: http://en.wikipedia.org/wiki/The_Sydney_Morning_Herald
From an early age, Mabo was taught about his family’s land. In 1959 he moved to Townsville and settled down with his wife and children. He started becoming more involved in the community around Townsville, becoming an activist in the 1967 Referendum campaign, helping to found the Townsville Aboriginal and Islander Health Service and co-founding and directing Townsville’s black community school. Mabo’s motivation towards land rights didn’t start until 1974, when he was working as a gardener at James Cook University. Two historians, Noel Loos and Henry Reynolds recall a
Eddie Mabo was a recognised Indigenous Australian who fought for his land, Murray Island. Mabo spent a decade seeking official recognition of his people’s ownership of Murray Island (Kwirk, 2012). He became more of an activist, he campaigned for better access for indigenous peoples to legal and medical services, to house, to social services and to education. The Mabo case was a milestone court case which paved the way for fair land rights for indigenous people. The Merriam people wanted to ensure its protection. Eddie Mabo significantly contributed to the civil and land rights of Indigenous people in Australia due to his argument to protect his land rights. In a speech in 1976, at a conference on the redrawing of the Torres Strait border, Mabo articulated a vision for islander self-determination and for an independent Torres Strait Island (Stephson, 2009).
Jeff Lambert also explains the European attitudes towards Aboriginal and Torres islander sovereignty. Jeff Lambert states Europeans perceived Torres Islanders and Aboriginals as ‘inferior’ (Lambert 2012. pg.12). Lambert (2012. pg13) suggests that “There were some who asserted that terra nullius implied that unoccupied land was not the only meaning of the phrase and that it could also be interpreted as an absence of civilised society.”. The principle of terra nullius means no-man’s land, therefore after the Governor Bourke Proclamation Aboriginals had no legal ownership of land.
The first is Paul Keating’s Redfern speech of December 1992, during the Mabo case. Keating spoke about the injustices committed against Indigenous people since European settlement of Australia and the need to acknowledge and remedy these. The conflicting source is an interview of John Howard on the 7.30 report in 1997, 4 years after the Mabo decision. Howard deals with the perceived implications of the Mabo and subsequent land title decisions for land ownership across Australia. The two sources conflict as they are taken from opposing parts of the mainstream Australian political spectrum. They reflect the so-called History Wars, a debate regarding the unresolved cultural struggle over the nature of the Indigenous dispossession and the place it should assume in Australian self-understanding. The Redfern Speech sets out the views of the left wing, progressive spectrum of Australian political views. John Howard’s interview sets out the arguments against the political and economic effects of the Mabo decision and subsequent land title decisions and largely reflects right-wing political views. The sources differ not only in their political views but also the time that they were given. Keating sets out his moral perspective regarding the need to rectify the past wrongs and improve the future prospects for Australian indigenous people. It was delivered before the final Mabo high court decision, and so cannot deal with the social, economic and political implications of said decision. Contrastingly, John Howards interview was 4 years after the Mabo decision, during which several subsequent land title decisions had been made. Consequently, his interview focused on his views of the implications of those subsequent events for Australia’s political, social and economic
Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.
The ‘Wave Hill Walk Off’ proved an establishment to the liberation of Aboriginal people from the struggles for rights and freedom. The effectiveness of this movement is judged upon the influence on rights and freedom, function of the actions taken, and the outcomes of events within this movement. Through their actions, the Gurindji showed the vitality of Aboriginal desire to achieve a practice that respected their identity, traditions and rights to their traditional lands.
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)
Of the 8 successful, the 1967 referendum which proposed the removal of the words in section 51 (xxvi) ‘… other than the aboriginal people in any State’ (National Archives of Australia ND), and the deletion of section 127, both, which were discriminative in their nature toward the Aboriginal race, recorded a 90.77% nationwide vote in favour of change (National Archives of Australia, 2014). As a result, the Constitution was altered; highlighting what was believed to be significant positive political change within Indigenous affairs at the time (National Archives of Australia, 2014). Approaching 50 years on, discussion has resurfa...
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.
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.
The case, simply coined ‘Mabo vs State of Queensland,’ was a hard fought battle between the two entities on the notion that although Aboriginal people had been living on Australian land for thousands of years, it was deemed ‘terra nullius’ - nobody’s land - by British settlers. With great determination and unwavering opinion Mabo managed to single mindedly challenge two centuries of legal status quo, and win on 3 June, 1992, with a ruling of six to one in his favour by the High Court of Australia, reached shortly after his
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
Fredrickson, George M., 1934-. Racism :A Short History. Princeton, N.J. : Princeton University Press, 2002. Print.
“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.)
Tishler, William P. and Stanley K. Schultz. "Racist Culture." Review 5 2007 n. pag. Web. 29 Nov. 2014.