Rights & Freedom in the Advancement of Indigenous Rights in Australia.
Indigenous people have had a long hard struggled to gain equal rights - the rights to citizenship, land and equality. Whilst some issues of inequality are still current today the last century was a particularly significant period for Aboriginal and Torres Strait Islander rights . Significant driving forces bringing about change for indigenous rights in Australia included the Australian Aboriginal Progressive Association (AAPA), the Freedom Rides and Eddie Mabo. These influences were instrumental in advancing the rights of indigenous people in Australia.
The AAPA played an important part in the advancement of Aboriginal rights in Australia. The AAPA became the first
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official political Aboriginal Party under the guidance of Charles Fredrick Maynard . The driving force for the party was based on addressing the loss of ancestral lands , achieving full citizenship and having Aboriginal representation in Parliament. It was the first time in Australia that Aboriginal people expressed their demands through widespread public demonstrations such as organising the Day of Mourning on Australia Day in 1938. The association directed their petitions to the Federal Government and King George V to ensure maximum influence of the rights they were fighting for. The AAPA hoped to inspire and motivate other activist groups to end political and social oppression . President of the AAPA, J.T Patten, appealed for equality: “We ask for full citizenship rights, including old-age pensions, maternity bonus, relief work when unemployed, and the right to a full Australian education ”. The association also wanted to get rid of the Aboriginal Protection Act and the Aboriginal Protection Board which they believed exploited Aborigines within camps and society . Fred Maynard addressed the NSW Premier in 1927: “We accept no conditions of inferiority as compared with European people. The European people…destroyed our more ancient civilisation. We are striving to obtain…equality with all other people in our land”. A few years after the formation of the AAPA the association gradually faded from public attention. The reasons for the decline in this association are unclear however, it was possibly due to financial hardship and the group becoming divided into different factions. The AAPA successfully raised awareness of the mistreatment and inequality of the Aboriginal people in Australian society. Even after the AAPA dissolved the struggle for equality still persisted in Aboriginal society . Whilst the AAPA was successful in raising awareness of Aboriginal peoples fight for equality the Freedom Rides, which were inspired by the Freedom Rides in the United States, were also a substantial influencer in drawing attention to discrimination against Aborigines in regional Australia. The Freedom Rides highlighted the basic living conditions and the widespread prejudice and, the “institutionalised segregation” which many Aboriginals suffered throughout Australia . During the period 12 - 26 February 1965, 29 students from the University of Sydney travelled by bus through New South Wales to try and draw attention to the living conditions of Aboriginals on reserves and in country towns . Charles Perkins (who later became Secretary of the Department of Aboriginal Affairs), Ann Curthoys, who documented the events and Jim Spigelman (who later became Chief Justice of the NSW Supreme Court) were some of the noteworthy students who undertook the journey . The purpose of the Ride was to document and educate white Australians about the appalling living conditions and racism faced by Aboriginal communities. The student’s reports which challenged behaviours and attitudes, were broadcast through the media (i.e. TV and radio). The media reports confronted and stunned the Australian public . Charles Perkins’s articulated in his autobiography why the Freedom Ride was such a significant event in drawing awareness to the Aboriginal cause: “I think the Freedom Ride was the one thing that destroyed this charade with one big swipe. It sowed the seed of concern in the public’s thinking across Australia. Something was wrong, something had to be changed in a situation that was unhappy for Aborigines .” The actions of the AAPA and the Freedom Rides contributed to Australians having a better understanding and a greater level of empathy for the hardship of the Aboriginals, especially as the callous practice of removing children from their family (the stolen generation) was sanctioned by the government. There is no doubt that raising awareness of Aboriginal inequality was a slow process that the Australian government/society did not see as a priority. Fighting for awareness continued throughout the decades and in the 1990s Eddie Mabo was instrumental in changing Aboriginal land rights. He challenged the Australian Government to recognise traditional land ownership of Aboriginals and Torres Strait Islanders. When the Torres Strait became part of Australian territory in 1879 , the land was ruled terra nullius (land belonging to no-one) .
This meant the indigenous people who had traditionally occupied the land did not have claim to land. Mabo educated himself on Australian land ownership rights and became a spokesperson for the Aboriginal and Torres Strait Islander Advancement League. Mabo contested the legitimacy of this law with other members from his community. In 1982 a challenge in the High Court of Australia for the right to own their traditional lands was undertaken. The case, known as Mabo No.1, was successful and the Meriam people, traditional owners of the land, were handed back ownership of their land. This case was influential in forcing the Commonwealth to sanctioned the Native title Act of 1993, thus giving all Aboriginals and Torres Strait Islanders traditional ownership rights to native land . This was a fundamental milestone in Australian law and the Mabo name is legendary in fighting for the rights of indigenous and Torres Strait …show more content…
Islander’s. The past 100 years have been a significant period in the advancement of Indigenous rights in Australia. The struggle to gain equality has been a long and difficult fight that continues today. Whilst the struggle has achieved significant wins (e.g. full citizenship rights and land ownership) the fact remains inequality still exists in this population. They still have poorer health and education outcomes. The equality for indigenous people remains a focus of the government today under Reconciliation Action Plans. A number of indigenous development programs have been implemented. These types of initiatives promote ongoing equality for indigenous people ensuring they are fairly represented. Australia still has some way to go but progress has been made slowly by the actions of those committed to fighting for the rights of their people. Reference List ________________________________________ ‘Australian Institute of Aboriginal and Torres Strait Islander Studies’, n.d., Commemorating the Freedom Ride, viewed 21 August 2015 http://www.aiatsis.gov.au/collections/exhibitions/freedomride/start.html Barker, Joanne 2005, Sovereignty Matters, University of Nebraska Press, Nebraska BBC, revised 6 June 2012, Eddie Mabo, The Man Who Changed Australia, viewed 22 August 2015 http://www.bbc.com/news/magazine-18291022 Herald Sun, revised 5 April 2013, Eddie Mabo’s Epic Fight for Land Rights Changed Australian Law and History, viewed 22 August 2015 http://www.heraldsun.com.au/news/law-order/fight-for-land-rights-changed-history/story-fnat7jnn-1226613120932?nk=a2f42655914a6dc120b04234af330c64 Maynard, John 1997, ‘Fred Maynard and the Australian Aboriginal Progressive Association: One God, One Aim, One Destiny’, Aboriginal History, vol.21 p.1 Museum of Australian Democracy, n.d, Mabo v Queensland No.2 1992, viewed 23 August 2015 http://www.foundingdocs.gov.au/item-did-33.html ‘National Museum of Australia’, revised 2014, Freedom Ride 1965, viewed 21 August 2014 http://indigenousrights.net.au/civil_rights/freedom_ride,_1965 Perkins, Charles 1975, A Bastard Like Me, Ure Smith, Sydney Perkins, Rachel 2008, First Australians: An Illustrated History, University of Melbourne Publishing Limited, Victoria ‘Racism.
No Way’, revised 2013, Edward Koiki Mabo 1936 – 1992, viewed 23 August 2015
http://www.racismnoway.com.au/teaching-resources/factsheets/54.html
Reconciliation Australia, n.d, Let’s Talk… Mabo, viewed 22 August 2015
http://www.reconciliation.org.au/wp-content/uploads/2014/02/Lets-Talk-Mabo.pdf
‘Sydney Morning Herald’, revised February 2005, Freedom Ride Inspires a New Generation, viewed 21 August 2015
http://www.smh.com.au/news/National/Freedom-Ride-inspires-a-new-generation/2005/02/04/1107476802617.html
‘The Stolen Generations’, nd., Founding the NSW Aborigines Protection Board, viewed 21 August
2015 http://stolengenerations.info/index.php?option=com_content&view=article&id=100&Itemid=59 Thompson, John 2010, Documents That Shaped Australia: Records of a Nation’s Heritage, Murdoch Books Pty Limited, NSW
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).
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.
The Calder Case was the spark that led to the Canadian government recognizing Aboriginals and their rights. Firstly, the aboriginals used the Calder Case to inform the government that they were taking away their rights. The Calder Case was launched after the Attorney General of British Columbia declared “that the Aboriginal Title, other wise known as the Indian Title, of the Plaintiffs to their ancient tribal territory...has never been lawfully extinguished.”1 The statement made by the government claimed that the Aboriginal Title did not exist in the eyes of the law and before the Calder Case, it allowed them to ignore Aboriginal land rights all over the country. In addition, The Calder brought the issues the Aboriginals were facing with land claims to the attention of the Canadian government. “According to Kainai Board of Education The case made it all the way to the Supreme Court of Canada where the court ended up rejecting the native's claims after being split on it's validity. However, the Supreme Court of Canada's recognition required new respect for Aboriginal land claims.”2 The Supreme Court of Canada's recognition of the Calder Case benefited the Aboriginals as the government was...
The 1961 US Freedom Rides were an immense driving force within the African American community seeing as the participants— mere students who were part of an activist group called the Congress of Racial Equality (CoRE)— refused to give up on protesting for what they believed in even when being violently attacked by those who strongly opposed them. It is obvious that their perspiration and determination to achieve their goals would inspire many and, due to the ever increasing inequality and dehumanising behaviours directed towards Australian Aborigines during the same time period, inspiration was exactly what was needed to begin protests and activisms much like those conducted within America. Throughout the time period that followed the US Freedom rides, Australian Aborigines partook in their own activisms which included a Freedom ride that is believed to have been inspired by those that took place within America.
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 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.
There have been many unanswered questions in Australia about Aboriginal history. One of these is which government policy towards indigenous people has had the largest impact on Indigenous Australians? Through research the Assimilation Policy had the largest impact upon Indigenous Australians and the three supporting arguments to prove this are the Aborigines losing their rights to freedom, Aboriginal children being removed from their families, and finally the loss of aboriginality.
The laws regarding native title have continually been questioned about its legitimacy in providing justice to Indigenous Australians and their lost land. The Native Title Act 1993 (Cth) was recently established in response to the Mabo v Queensland case in 1992. Eddie Mabo and four other Torres Strait Islanders went
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 video “Aboriginal Peoples -- It's time”, the main topic of the video is advocating for equity and justice for the aboriginal people. Aboriginal people is a collective name for the original peoples of North America and their descendants. The Canadian constitution recognizes three groups of Aboriginal peoples: Indians (commonly referred to as First Nations), Métis and Inuit. These are three distinct peoples with unique histories, languages, cultural practices and spiritual beliefs. More than 1.4 million people in Canada identify themselves as an Aboriginal person, according to the 2011
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
Land rights now referred to the continual legal exertion to reclaim ownership of the land and waters that was called home prior to British colonisation (Creative Spirits, 2011). Australian Museum (2015) and Creative Spirits (2011) acknowledge the struggle to gain legal recognition and ownership of Indigenous land is difficult and expensive. Furthermore, the history behind the struggle in earlier years often resulted in violence as Indigenous Australians were dispossessed of their land (Australian Museum, 2015). Subsequently, the struggle for land rights continued through the legal and political systems; as demonstrated in 1982 when Eddie (Koiki) Mabo and four other Meriam people decided to pursue declaration of their customary land rights in the High Court of Australia (Hill, 1995). Based on the findings of Creative Spirits (2011) Indigenous Australian land rights appeared promising in 1983 when the Hawke Government promised legislation to ensure that Aboriginal and Torres Strait Islander people’s land rights are protected throughout Australia. The legislation was said to permit Indigenous Australians to exercise the right of control over mining on Indigenous Australian land to ensure sacred sites are protected (Creative Spirits, 2011). However, in 1984 the mining companies fought back to repossess control over land. Mining and pastoral industries were considered too powerful and
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.
Charles Nelson Perkins was an inexorable activist who sought justice and equality. He influenced the succession of Aboriginal liberties leading various constitutions that supported Indigenous freedom and rights. The extent and description of his influence will be explored throughout this essay concluding his impact on the referendum that enables Aborigines citizenship and government.
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