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Aboriginal land rights in australia uk essay
Aboriginal land rights in australia uk essay
Australian indigenous people's rights
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Aboriginal customary law and European law have been at odds since the first years of the European invasion, but only recently has the clash come into the open. Stuart MacMillan of the Aboriginal Resource and Development Services in the Northern Territory says that remote Aboriginal communities there and in Western Australia, South Australia and Queensland see no reason why they should submit to "whitefella law".
The governments of the Northern Territory and Western Australia are investigating how indigenous law can be incorporated into state law. Chris Sidoti of the Human Rights Council of Australia says: "Some people would say that human rights runs opposite to Aboriginal law, others that it provides a universal standard to which other legal traditions must adapt. Customary law can't remain immutable. The problem for those trying to bring the two systems into line is that human rights law derives from a western legal tradition which frequently contradicts Aboriginal law.
Colin McDonald, a Darwin barrister and expert in customary law, says that on such issues Australia's legal system may simply have to bite the bullet and go against the norms of international human rights.
Aboriginal women have often claimed that the law has been slanted to support the rights of indigenous men over women.
Lowitja O'Donoghue, who formerly chaired the government's Aboriginal affairs body ATSIC, believes that Australian law should be more aggressive in such cases. Some aspects of Aboriginal law are falling out of practice. Chris Sidoti believes that whatever balance is struck will be as distinct from traditional European law as it is from traditional Aboriginal law. "For traditional people, being put in jail is more inhuman than spearing, and any unified law would have to recognise that.
Aboriginal Customary Law
The High Court did, however, conclude in that case (a conclusion confirmed in WA v Commonwealth, Wororra Peoples v WA and Teddy Biljabu and others v WA, High Court, March 16 1995) that some Aboriginal land law (that which attracted the status of 'native title') survived the colonisation process. What is far less certain is the fate of Aboriginal customary laws that were not concerned with title to land. Did traditional laws on subjects such as family relationships, title to goods, community justice mechanisms, inheritance and criminal law survive c...
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...e necessary, and those laws which were to be applied could not be made applicable to all of the Aboriginal peoples but only to some.
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.
Toronto: Pearson Prentice Hall. The Justice System and Aboriginal People: Child Welfare. n.d. - n.d. - n.d. The Aboriginal Justice Implementation Commission. Retrieved December 12, 2013, from http://www.ajic.mb.ca/volumel/chapter14.html.
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)
the Canadian justice system(Brizinski,1993,395) it has over and over again been stated that the present justice system has and is failing Aboriginal people. It is not suited for their cultural needs and does nothing to rehabilitate offenders but rather does the offender more harm then good. It does not address the underlying conditions causing criminal behavior or in assessing what specific needs must be addressed to rehabilitate.
It was agreed by 6 judges of the high court (Dawson J. dissenting) that the Meriam people have traditional ownership of the Mer and British Control would not disregard their title, “the Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray islands” and agreed “that the common law of this country recognizes a form of native title which, in the cases where it has not been extinguished, reflects the entitlement of the indigenous inhabitants, in accordance with their laws or customs, to their traditional lands and that, subject to the effect of some particular Crown leases, the land entitlement of the Murray Islanders in accordance with their laws or customs is preserved, as native title, under the law of Queensland. The main difference between those members of the Court who constitute the majority is that, subject to the operation of the Racial Discrimination Act 1975 (Cth), neither of us nor Brennan J. agrees with the conclusion to be drawn from the judgments of Deane, Toohey and Gaudron JJ. that, at least in the absence of clear and unambiguous statutory provision to the contrary, extinguishment of native title by the Crown by inconsistent grant is wrongful and gives rise to a claim for compensatory damages. We note that the judgment of Dawson J. supports the conclusion of Brennan J. and ourselves on that aspect of the case since his Honour
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
Marcus, Lauren, Ph. D., and Amanda Baron, M.S.W. "Childhood Obesity: A Growing Problem." Www.aboutourkids.org. NYU Child Study Center, May 2004. Web. 27 Oct. 2013.
Childhood obesity has become one of America’s biggest problems today. The number of overweight and obese children has increased at an outstanding rate during the mid- 1970s. According to the author of “The Metamorphoses of Fat- a History of Obesity,” one in five American kids is overweight or obese (23). Obesity is causing a broad range of health problems for these children that shouldn’t be happening until they reach their adulthood. Some of these health problems include high blood pressure, type 2 diabetes and high cholesterol levels. Not only does childhood obesity cause health problems, but psychological ones too. Obese children are more likely to develop a low self- esteem and depression because of their negative body image.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
The Council for Aboriginal Reconciliation was built in 1992 to improved reconciliation, especially in the places where Indigenous and white Australians live side by side. This council defined reconciliation as: ‘a united Australia which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage, and provides justice and equity for all’(1992). However, there are some issues showed up on the road of reconciliation. First one is the protection of Aboriginal languages, laws and culture identity. The unique feature of Indigenous Australian culture, which is based on inherited history, customs and outlook, coalescent not only in traditional ceremonies but also in media such as modern literature, art, music. Second is compensate for to Aboriginal Australians to damage their lands and traditional way of life. The effects that racist or ethnocentric by past governments had on relations between Australia's Indigenous population and society. Last one is to give the right of Indigenous people to control their own activities and set up their own associations. Indeed, the Victorian Parliament’s Social Development Committee in Recommendation acknowledged that ‘Aboriginal people as a whole have suffered or been disadvantaged as the result of dispossession and dispersal’ and recommended that all
Simon goes on to discuss how humans always seem to come up with the means to satisfy their needs. When discussing agriculture, he declares an extreme saying that food
Utilitarianism is a moral theory that has long been the subject of philosophical debate. This theory, when practiced, appears to set a very basic guideline to follow when one is faced with a moral dilemma. Fundamental Utilitarianism states that when a moral dilemma arises, one should take action that causes favorable results or reduces less favorable results. If these less favorable results, or pain, occur from this action, it can be justified if it is produced to prevent more pain or produce happiness. Stating the Utilitarian view can summarize these basic principles: "the greatest good for the greatest number". Utilitarians are to believe that if they follow this philosophy, that no matter what action they take, it will be the correct one if it achieves useful results. Williams says that utilitarianism can sometimes bring about undesirable outcomes because of the fact that it forces one to violate his/her convictions or "lower-order projects" which in turn cannot account for integrity or "coherently describe the relations between man's projects and his actions (Singer: 340)."
Also, those police officers that can be found as directly responsible for ignoring or mishandling cases of violence against indigenous women should face severe punishment, such as demotion or discharge from the police force, depending on the severity of the action. Lastly, a national inquiry into violence against indigenous women must be launched immediately. This inquiry should focus on such topics as the factors that have contributed to violence against indigenous women, the mistakes made in dealing with the issue, and ways to better end the violence. Moreover, all suggested measures for improving the situation should be carefully considered and hopefully instilled. As explained, the Indigenous Women’s Justice Act would
Aboriginal Law dictates that there are traditional practices that should be carried out by men and women separately and there are consequences if these rules are broken.
International Law is the universal system of rules and principles concerning the relations between sovereign states, and relations between States and international organisations such as the United Nations. The modern system of international law developed in Europe from the 17th century onwards and is now accepted by all countries around the world. International law is concerned with the rights and duties of States in their relations with each other and with international organisations where as Domestic law, is within a State and is concerned with the rights and duties of legal persons within the State. This essay will evaluate how international impacts on Australian Domestic Law.
The field of Law is a systematic practice that has not change much since its inception. As we embark upon the 22nd Century so must the field of Law. While many practices are ritualistic in their nature, they must make way for technology in addition to younger lawyers entering the field with a variety of skills sets. Lawyers must now make accommodations for technically savvy clients that have access to a wealth of information. With more demands being placed on time management and the struggle for work life balance and international industry, the field of Law will have to loosen its reigns on tradition and embrace the 22nd Century with an new openness in order to maintain a competitive edge.