The statement “Over time, particular groups within the Australian political and legal system have been disadvantaged” is valid to a great extent. Indigenous Australians (IA) have been disadvantaged since colonial times. At Federation IA’s were disadvantaged in the Constitution and have continually been discriminated against through statute law, government policy and high court rulings. There has been an increase in black activism over the years however IA’s are still disadvantaged in modern Australia 's political and legal system.
IA were disadvantaged prior to federation. In 1816 a set of regulations were passed controlling the movement of IA’s, deeming no IA is to appear within a mile of any settlement. NSW Governor Sir Richard Bourke in 1835 established the concept of terra nullius, ‘nobody’s land’. This was further upheld in the High Court (HC) case Murrel 1836 in which the HC adopted the concept of terra nullius if empty land is not colonised. An Aboriginal Protection Board was also established to manage the IA population through removing children from
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Aboriginal Men’s Healing Centre (AMHC) is a 28 bed centre in a culturally appropriate environment to care for IA struggling with the impact of domestic violence, with former Indigenous perpetrators acting as mentors. This is one example of a step forward in breaking the disadvantage of IA .
The government spends almost $3.5 billion each year to alleviate the disadvantage of IA. However, this has created conflict within the system with people claiming to be indigenous to receive welfare. In Eatock v Bolt 2011, Bolt breached the Anti-Discrimination Act 18c, offending ‘fair skinned Aboriginals’ with highly derogatory and offensive statements. 2014 Adam Goodes was named Australian of the Year “for his leadership and advocacy in the fight against racism both on the sporting field and within society” after a 13 year old girl called him an
In 1901, the same year Australia was federated, the Commonwealth constitution stated that “Aboriginal natives votes shall not be counted” and thus placing them into the flora and fauna section and introducing the white Australian policy (Korff, 2011). David Unaipon was just 29 years old when this occurred (Gizmodo, 2004). While Unaipon was alive there were many instances of institutionalised racism that further widened the gap between aborigines and Caucasians (Gizmodo, 2004). In 1926, when Unaipon was 54 years old 11 aborigines were murdered, however when the criminal was caught, they were let free (Korff, 2011). This shows that aborigines were being discriminated against throughout Unaipon’s life with many laws targeted against them and many legal options being taken away from them. It was only in 1967 that the indigenous were given basic rights, and were included in the Australian census and fully classed as a “person” and recognised for this (Korff, 2011). Sadly, this was held 109 days after Unaipon died and proves that he had to endure racism during the entirety of his life. It is evident through these examples that racism played a major role in why David Unaipon’s ability was not used in science and this is seen through the institutionalised racism present during Unaipon’s life.
The contributions and achievements of Indigenous role models continue to make substantial impacts upon our history in areas such as the arts, sport, education, science and more increasingly; the world of Politics. Modern Australia is recognising and celebrating the achievements of Aboriginal people more than ever before, where the social landscape is changing (albeit slowly) as a result. The gradual change of peoples ingrained preconceptions, unfounded ideas and prejudiced notions are being challenged and ultimately transformed.
Over the years Australia has had many different problems with racism and racism affecting peoples’ lives. Many racial groups have been affected, most significantly the Aboriginals. The end of world war two in 1945 marked a huge change in types of racism. Australia went from the ‘superior’ white Australians dominating over immigrants and aboriginals. To a relatively multicultural and accepting society that is present today.
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
Indigenous People. In evaluating the Legal System’s response to Indigenous People and it’s achieving of justice, an outline of the history of Indigenous Australians - before and during settlement - as well as their status in Australian society today must be made. The dispossession of their land and culture has deprived Indigenous People of economic revenue that the land would have provided if not colonised, as well as their ... ... middle of paper ... ...
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,
...rial covered in the unit Aboriginal People that I have been studying at the University of Notre Dame Fremantle, Aboriginal people have had a long history of being subjected to dispossession and discriminatory acts that has been keep quite for too long. By standing together we are far more likely to achieve long lasting positive outcomes and a better future for all Australians.
In 1788 when the European settlers “colonised” Australia, the Australian land was known as “terra nullius” which means “land belonging to no-one”. This decision set the stage for the problems and disadvantages faced by the Aboriginal and Torres Strait Islander people for 216 years. The protection policy was meant to disperse tribes and force Aboriginal and Torres Strait Islander people off their traditional land so the “white Australian’s” could have more control. The protection policy enforced by the British colonies drove the Aboriginal and Torres Strait Islander onto reserves.
Since the first fleet arrived on the rugged, yet beautiful shores of Australia, Indigenous australians have been treated appallingly and have even be recognised as ‘flora and fauna’ by the invading Europeans. They have been discriminated against by unequal pay and citizenship rights, no recognition of land rights and racial prejudice. However, after the 1930’s certain people have achieved change through fighting for aboriginal rights which has had a huge impact on Australia. One of these people was a woman, Faith Bandler a South Sea Islander Australian.
The rights and freedoms achieved in Australia in the 20th and 21st century can be described as discriminating, dehumanising and unfair against the Indigenous Australians. Indigenous Australians have achieved rights and freedoms in their country since the invasion of the English Monarch in 1788 through the exploration and development of laws, referendums and processes. Firstly, this essay will discuss the effects of the Universal Declaration of Human Rights on the Indigenous Australians through dehumanising and discriminating against them. Secondly, this essay will discuss how Indigenous Australians gained citizenship and voting
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
Within Australia, beginning from approximately the time of European settlement to late 1969, the Aboriginal population of Australia experienced the detrimental effects of the stolen generation. A majority of the abducted children were ’half-castes’, in which they had one white parent and the other of Aboriginal or Torres Strait Islander descent. Following the government policies, the European police and government continued the assimilation of Aboriginal children into ‘white’ society. Oblivious to the destruction and devastation they were causing, the British had believed that they were doing this for “their [Aborigines] own good”, that they were “protecting” them as their families and culture were deemed unfit to raise them. These beliefs caused ...
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.
Domestic violence is a terrible curse to all those involved. It inflicts harm on the victim, the perpetrator and witnesses, whether they be children or not. While support services have long been available to assist women and/or children overcome any issues that arise as a result of domestic violence, these services have left out a significant portion of victims, those that are male. In 2012 The Australian Bureau of Statistics found “That 33.3 per cent of victims of current partner violence during the last 12 months were male” (ABS, 2012) and “37.1 per cent of victims of emotional abuse by a partner during the last 12 months were male” (ABS, 2012). This shows the amount of victims that are being left behind by domestic violence support networks in their current state, despite their good intentions. For such a painful and difficult time it is not adequate to leave one third of those suffering behind.
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.