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Mabo v Queensland case summary
Mabo v Queensland case summary
Treatment of native american rights by european
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Dominant countries during periods of land discovery often used treaties from pervious eras to justify their taking of lands. Australia was no exception when in April 1770, James Cook landed at Botany Bay. He raised the British flag, and carved his name in a tree, formally declaring that the discovery of the great south land was for the British Crown. There were two different ways lands could be claimed per the Doctrine of Discovery which Cook used. One was with native consent and understanding, the other by claiming the land uninhabited. Cook took the option which has now been viewed as wrong. He claimed that the land was Terra Nullius or ‘no man’s land’ empty and void of people.
Lieutenant James Cook left Plymouth 25th August, 1768 in search
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It also stated that if they could convert them, they could otherwise enslaving was acceptable. The Doctrine of Discovery went further and stated that if the lands were not being used as the European legal system understood they could be classed as Terra Nullius. This included farming and animal husbandry. Indigenous members of Australia during this period, did have other practices that were ignored when land was claimed.
The indigenous people were traditional hunter gathers and spent much of their time as semi nomads (Miller et al., 2010, p. 174). However, they were not illiterate in bush craft in regards to the substance farming of fish and farming of eels. The Indigenous people had a tie with the land, it was and still is their spiritual being, a continual link (Miller et al., 2010, p. 174). It defines where people live and where people come from to other indigenous people. The indigenous people used fire to regrow land to keep a supply of foods such as berries. Nonetheless, these things were dismissed when Cook claimed the land as Terra
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Many of the men were taken as slaves, which was again in accordance of the Doctrine if Discovery (Miller et al., 2010, p. 176). Hunting and gathering grounds were taken for European use to farm and house the new settlers. The original inhabitants of the lands were nothing more than a problem to be ignored or eliminated. This continued for over two centuries until members of the Murray Island men took legal action to right this wrong (Perkins et al., 2010, pp. 15-16).
In 1984 Edward Koiki Mabo, along with four other members of the Murray Island community, lodged legal proceeding against the Queensland Government. The claim put forth by the men was that the land in 1770 was not ‘no man’s land’ as declared by Cook, and the people of the Murray Islands were the rightful owners. One important claim of the lodgement documents, was that it was for both the land and the waters around the islands that was their cultural home (Perkins et al., 2010, p.
According to Lambert (2012. pg13) Torres Islanders and Aboriginals ownership of land were classified ‘‘outside the “advanced” nations of Europe” as Aboriginals and Torres Islanders used land for “sustainability, cultural and spiritual terms”. (Lambert 2012 pg.13) Lambert suggests “affinity to the land was not recognised by Europeans because it did not conform to the manner and procedure of land ownership recording in Europe”. Jeff Lambert debates that Aboriginals lived in Australia before the European settlers.
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.
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.
Not only did the Indians and Europeans use the land differently but also defined ownership of the land differently. The Indian woman defined and claimed the land as theirs by the crops planted and the rest of the land could be free for improvement. The Europeans viewed that, ‘“To define property is thus to represent boundaries between people; equally, it is to articulate at least one set of conscious boundaries between ...
This all began when Sir Walter Raleigh, a wealthy courtier, sought-after permission from Queen Elizabeth I to establish a colony in North America. On March 25th 1584 he got a charter to start the colony. Raleigh funded and authorized the expedition .He sent two explorers by the names of Phillip Amadas and Arthur Barlowe to claim land for the queen,they departed on the west side of England on April 27th . On May 10 they arrived at the Canaries, a series of islands near the northwest coast of mainland Africa. They arrived at the West Indies on June 10 and stayed there for twelve days then left. On July 4 the explorers saw North American land, they sailed for nine days more looking for an entryway to the sea or river and found one on June 13th. They then set off to explore the land and place it on the map . After they went back two additional journeys there followed after. One group arrived in 1585 and went there for...
In some instances the erasing of a history was not enough though; to further justify the take over and occupation of a given area, historians maintain "that there were very few indigenous people in the area of colonization prior to the arrival of colonists. And... the colonist historian dismisses those few native people as primitive and savage types who act...
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 ... ...
How can we not own it?’ as a clarification for Mabo when he was deal with the case. After he died the government finally said Merry island is belong to aboriginal people. This is a powerful clue show racialism was a momentous aspect for Mabo fighting for aboriginal people’s rights let everyone turn be
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...
Cook used none of these methods upon his arrival of Australia. Upon his arrival of Australia the country was already inhabited by the local Aboriginal people. Even though Cook presumably had a knowledge of the laws of claiming land, he did not abide by them. The British settlers instead just took the land as their own, with no regard for the Aboriginal people, starting a war, of sorts, that continues to this very day.
When Europeans first came to the New World in the late 16th century they were entering new territory and had no idea what to expect. Their views on everything from geographic, politics, climate, to diet, etc. where about to change, and their need for survival would hopefully outweigh these challenges. Only small parts of this new world had ever been explored over the past century, and what information the new settlers had was lacking. The new settlers had assumed the climate would be like that of Europe in the New World and that the weather would be similar and their crops would grow like they did back home. But that was not the case, as they came to find out the summers were hot and the winters were harsh, and many of there crops did not grow. They also believed the New World to be largely uninhabited, as the Indians did not live like they did back home in permanent villages and towns, but rather off the land traveling, as they needed.
Discussion Ancient Aboriginals were the first people to set foot on the Australian continent, over 40,000 years or more before colonization (Eckermann, 2010). They survived by hunting and gathering their food, worshipping the land to protect its resources, and ensuring their survival. The aboriginal community has adapted to the environment, building a strong framework of social, cultural, and spiritual beliefs (Eckermann, 2010). Colonisation of Australia began in 1788, when Englishman Captain Cook claimed the land as an empty, uninhabited, continent giving it the classification Terra Nullius and leaving it open to colonization. Eckermann (2010), stated that the English failed to recognise the aboriginal tribes as civilized, co-inhibiters of the land, feeling they had no right to a claim.
Before the Indigenous Australians gained Land Rights in Australia, in 1788 the East Coast of Australia was claimed by the English Monarch and was called Crown Land. The reason behind the English Monarch's claim for Crown Land was that they believed that that land was “terra nullius”, meaning land belonging to no one”. In 1976 the Northern Territory was the first state government to allow Indigenous Australians to claim Crown Land and reserves in the Northern Territory that no one had the use for. Commission and increased funding was also granted to Indigenous Australians through the 1975 Racial Discrimination act made by the Whitlam Government. These acts and decisions were then overruled against in 1985 by the High Court. Article 8 “everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution of law” and Article 16 “the family (...) is entitled to protection by society and the State” of the UDHR are evidence of the discrimination Indigenous Australians faced by the government as they were once again stripped away of their human rights and land titles. Indigenous Australians only began to grant land from the English Monarch after the case between Mabo and others versus the State of Queensland took place that decided in favour of
The connection Indigenous Australians have with the land was established, and maintained, by The Dreamings, passed down through generations binding Indigenous Australians to the land (National Film & Sound Archive, 2015). National Film & Sound Archive (2015), highlight that land and being can not be separated for Indigenous Australians as they form part of the land and are accountable for the preservation of the land. Indigenous Australian land rights originated from an intricate social process constructed on traditional core values; where the rights of the land were established on principles of descendants, kinship and marriage (Dodds, 1998). However, despite this, the British colonisation of Australia in 1788 brought about change when the land was declared Terra Nullius (Short, 2007). Short (2007) stated that as a result of Australia being declared Terra Nullius, Indigenous Australians had no legitimate claim to their land. Hence, British colonisers dispossessing Indigenous Australians of their land rights as the customs established by Aboriginal and Torres Strait Islander people were not recognised or taken into consideration by the British Government (Short,
Rich Europeans had an abundance of items to prove their money a few of the items being, dyes, waxes, and rare trees (EGO). The Europeans would have each item set out in their living room (EGO), to boast about either their wealth, or their adventures. An example of exploration and finding goods is the exploration and the discovering of Australia. With the discovery of Cape York by Willem Jansz, it was taken to be one of the first contacts with Australia Europe has ever had (EGO). With this discovery it led a few other people to go there, examples of discoverers would be, Dirk Hartog who reached the west coast of Australia (EGO), and two other men named Willem de Vlamingh, and William Dampier who not only discovered other parts of Australia, but created a deeper understanding of it to help future explorers (EGO).