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Aboriginal land rights in australia uk essay
Aboriginal land rights in australia uk essay
Policies for indigenous australians rights
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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). Mabo had a strong belief for supporting his land and its freedom. The argument was, many generations of Meriam people had lived on the island prior to the Europeans arrival (Reynolds, 1999). They believed that they were the tradi...
Eddie Koiki Mabo was a successful land rights activist born on Mer (Murray) Island in the Torres Strait in 1936. When he was sixteen, he was exiled from the island and lived in Queensland and the Torres Strait before moving to Townsville with his young family in 1962. In 1982 Mabo and four other islanders took legal action to the High court, claiming ownership of their lands on Murray Island. The case went for over ten years until the lands were ruled as being not ‘terra nullius’ and the Meriam people then gained the rights to own their land.
In 1981, in James Cook University where Eddie Mabo was working at the time, the students called a discussion on land rights in Australia. It was decided at the conference that the issue of a land claim by the Murray Islanders to traditional title would be taken to the High Court. With major local party support, including legal experts with significant experience in land rights legislation they set off to claim that Mabo had the right to visit his homeland.. The aim of the case was to make the law decide that the Islanders owned the land not the Euopeans [IMAGE] The case was motioned to the High Court at first, however they had to take it to their State Court the Supreme Court of Queensland first.
The Mabo case was a legal case held in 1992. It was named after an Aboriginal man called Eddie Mabo, who challenged Australian legal system. He fought for claiming the legal rights of Aboriginal and Torres Strait inhabitants. From Mabo’s perspective, Aboriginal people are the traditional owners of their land as they occupied and lived in Australia for thousands of years, much longer and earlier than British people’s arrival in 1788. However, after British people took charge of this continent, Aboriginal people’s life went from bad to worse. They had no legal rights and were treated like animals. Their lives were severely threatened. Moreover, they lost their homes although they were the original owner of the land. After ten years
Mabo was raised by his Uncle from what was practically birth, due to his mother’s death. He lived a simple existence with his family, caring for the land and learning the traditions of his people, until his exile from the island.
The term ‘Mabo’’, as described in media reports refers to all the issues concerning the Australian High Court Judgment in the Mabo against Queensland Case. The Mabo decision was named after Eddie Mabo, a Torres Strait islander who regarded the Australian Law on land ownership wrong and challenged the Australian legal system. Eddie Mabo was born on the 29th of June 1936 on Murray Island. Murray Island is between mainland Australia and Papua New Guinea. In his early days of childhood, at the age of 16, Mabo was banished from Murray Island for breaking a customary law and moved to Queensland, where he worked various jobs such as a deck hand and cane cutter. At the age of 23 he married Bonita Nehow and settled in Townsville and had ten children. In Townsville he was a spokesperson for the Torres Strait Islander community and was involved in the Torres Strait islander advancement league. While working as a groundskeeper on James Cook University in 1974, he discovered that his people’s traditional land was actually owned by the government.
Foreign exploitation began, when Cook replaced the traditional island subsistence-sharing economy by the for-profit barter and afterward the money economy. Firearms, and sandalwood lumbering where just a few items that brought foreign economic and political control of the ruling ali’i, who were tricked by many greedy Western merchants. The Great Mahele of 1848 and the Kuleana Act of 1850 contained a major land redistribution act, which was forced onto the monarchy by Westerners(Blaisdell, p.44). Bringing fee simple ownership to Hawaiians, these land divisions actually alienated the land from them. The Mahele divided the lands between the chiefs, king and government. The Kuleana act supposedly guaranteed to the makaainana fee simple title to small plots of land, which would eventually separate the individual from the group. (Trask, p.10) Hawaiians depended on the land, they were not use to “private property”, which led to many problems, and the chiefs and the government were heavily indebt to the Western merchants.
Vincent Lingiari and the Gurindji people who walked with him changed the Australian political landscape. Therefore, the ‘Wave Hill Walk Off’ proved an establishment to the liberation of Aboriginal people from the struggles for rights and
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
Those two key points incited him to protect his land. He participated a lot of debates for those cases in the court. When he was alive most of people were against Mabo’s speech saying Merry island is not belong to aboriginal people, even showed on televisions. ‘We’ve been farming on that place before you mob set foot on the land. We handed it down from father to son.
There have been circular arguments,internaionally, concerning whether Columbus discoverd or invaded the west Indies. through this essay I will explore all counter arguments for this particular topic. Its complex yet simple, one step at a time.
In the nineteenth century, the “History wars” became the fight between the most prominent historians revolving around the deception of frontier conflict between the labor and coalition. The debate aroused from the different interpretations of the violence that took place during the European colonization and to what degree. It became a crisis in history, emerging from the dispossession of the Aboriginal and Torres Strait Islanders (ATSI) that resulted in exclusion of their traditions and culture. The ATSI were the first people of Australia that brought along a different culture, language, kinship structures and a different way of life (Face the Facts, 2012). Post European colonization was a time where the ATSI people experienced disadvantage in the land they called home. With the paramount role as future educators, it demands proficient knowledge on the Australian history and one of the most influential moments in our history started from the first European settlers.
The decision of the Mabo case in 1992 resulted in the adoption of the Australian Native Title, which recognises the traditional connection aboriginals have with the land and gives them the right to a say in the development and use of certain sites. There was a great lead up to the establishment of the native title, which began when the Europeans invaded Australia, claiming the land their own through the European law claiming vacant land. Although aboriginals occupied Australia the Europeans claimed the land terra nulius because the people who were there, were considered unhuman and therefore were not actually occupying or living on ... ... middle of paper ... ... toral lease does not necessarily extinguish native title rights, the situation regarding miners and the complexity of the legislation, which causes understanding problems for the indigenous 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
This quote also describes my first imergency into Malinowski’s ethnography, ‘’Argonauts of the western pacific.’’ It was uncharted waters, and I was left stranded on a beach of an unknown field with only my books to make for friends. This paper will give account of my thoughts as they appeared and evolved on several key issues through the book, concentrating on, what I deduced, to be of either paramount importance to the ‘’Malinowski experience’’ in the archipelagos of Melanesian New Guinea, or to be points of academic debate between me and the author and his work. Firstly, I will explore the position towards the ethnographer and his task in field work, giving account of Malinowski’s contribution to the field of social anthropology as well as providing some contrary opinion. Secondly, I will engage with the ‘’Primitive Economic Man’’ and Malinowski’s critic of him, leading to the depiction of the Kula and its ways, where I will look at how the author approached the system (and the structure) and how that approach had influenced his later observations and analysis. Finally I will look at the functionalists’ perspective on the local soci...
It said that aboriginal people should be treated equally with land rights, as indigenous Australians were the first on our land that we are on today. This challenged many different previous Australian legal statements to do with Aboriginals including one of the main ones being that Aboriginal or Torres Strait Island communities or people owned no land before the arrival of the British in 1788. This statement was called Terra Nullius, which means land belonging to no one. This Native Title Act of 1993 recognized native title and recognizing and that the aboriginal’s community owns the land, as they are the original owners. The Mabo decision was one of Australia’s firsts steps in recovering all the injustices towards the Indigenous people that were happening in the past and giving them back the land they hold so dearly that they own. The Mabo decision contributed to the collective Identity of Indigenous people as is gave back there cultural land and bringing the most major part back to the aboriginal culture which is the land and the connection between them and the land. This Native Title Act of 1993 allowed the aboriginals to enhance there collective identity due to the fact that it was the first time they were positively recognized and the first time they got something back that was once taken from them all making there beliefs, rituals stronger and overall enhancing there collective identity of being aboriginal. Since the Mabo decision there has been many other cases and different changes and different things added to the native title. The Mabo Decision first did the recognition and giving back of the aboriginal land and it was one of the first to recognize that the land title was wrong and that it did belong to the