Aboriginal Land Rights in Australia

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Recommended: Rights for indigenous Australians 1945

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. An issue facing society is whether the Native Title Act 1993 (Cth), is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners. To determine whether legislation is sufficient and fair, an investigation into the current societal view points needs to be considered by legislators, with an evaluation into the ways in which other societies cater to the needs of Indigenous land owners should be made. This information then allows recommendations and changes to be debated, to therefore to ensure more equitable legislation on land rights within Australia. Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach: 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus o... ... middle of paper ... ...eichardt, NSW: Hawkins Press Keon- Cohen, B. 2001. Native Title in the New Millennium. Sydney: Panther Publishing. Choo, C and Hollbach, S. 2003. History and Native Title. Western Australia: Studies in Western Australian History. Australian Government. 1993. Addressing the key issues for reconciliation. Canberra: Australian Government Publishing Service. Bourke, E and Edwards, B. 1994. Aboriginal Australia. St Lucia, Queensland: University of Queensland Press. Healey, J. 2002. Aboriginal Disadvantage. Rozelle NSW: Spinney Press. Healey, J. 2007. Native Title and Land Rights. Thirroul NSW: Spinney Press Land Acts in Zimbabwe (2007) http://www.gta.gov.zw/Land%20Issues/factsheet.htm - Accessed on June 10, 2011 Major Acts of Congress (2011) http://www.enotes.com/major-acts-congress/indian-general-allotment-act-dawes-act - Accessed on June 10, 2011

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