More handpicked essays just for you.
Land rights indigenous australia essay
Rights of aboriginal australians
Land rights indigenous australia essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
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 …show more content…
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, …show more content…
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
From an early age, Mabo was taught about his family’s land. In 1959 he moved to Townsville and settled down with his wife and children. He started becoming more involved in the community around Townsville, becoming an activist in the 1967 Referendum campaign, helping to found the Townsville Aboriginal and Islander Health Service and co-founding and directing Townsville’s black community school. Mabo’s motivation towards land rights didn’t start until 1974, when he was working as a gardener at James Cook University. Two historians, Noel Loos and Henry Reynolds recall a
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).
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 ... ...
Their main vision is to empower the idea of a shared country and encourage opportunities for growth. With the perplexed requirements set out by the Native Title Act, this tribunal has helped claimants by providing legal aid to increase the chances of regaining lost land. For example, the Wik Peoples v Queensland (1996) 187 CLR 1 case was successful in recognising the lost land of the Wik people of Cape York. “They claimed native title over land that had previously been leased by the State Government to farmers for pastoral use” (Woodgate, Black, Biggs & Owens, 2011, p.354). The court then decided by a 4:3 majority that pastoral leases did not necessarily extinguish native title. This means that, in some cases, native title rights will co-exist with the rights of the pastoralists. Therefore, through progression and more native title cases heard, the laws surrounding the Native Title Act will adapt to further assist the Indigenous Australians in reclaiming their land. For instance, the processes surrounding Native Title issues are constantly being refined. As more and more people and political parties become aware of this process, the easier court litigation will become (Dow, 2002)
Of the 8 successful, the 1967 referendum which proposed the removal of the words in section 51 (xxvi) ‘… other than the aboriginal people in any State’ (National Archives of Australia ND), and the deletion of section 127, both, which were discriminative in their nature toward the Aboriginal race, recorded a 90.77% nationwide vote in favour of change (National Archives of Australia, 2014). As a result, the Constitution was altered; highlighting what was believed to be significant positive political change within Indigenous affairs at the time (National Archives of Australia, 2014). Approaching 50 years on, discussion has resurfa...
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
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.
This essay will discuss the Aboriginal Education policies in Victoria and Federally and how these policies impacted upon the children of the Aboriginal and Torres Strait Islanders. This essay will further analyse the impact these past policies had on the Aboriginal and Torres strait Islanders’ families and children’s education and how current policies were put in place to assist indigenous students’ access to education. Further to this an analysis of how teachers can implement these changes in the curriculum and classroom.
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
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.
The education of Aboriginal people is a challenge that has been a concern for many years and is still an issue. However, it remains the best way young people can climb out of poverty. With the colonialization and the oppression of Aboriginals, there have been many lasting side effects that continue to be affecting the Aboriginal youth today. “While retention and graduation rates have improved among urban Aboriginal population, an educational gap still remains between Aboriginal and non-Aboriginal youth in urban settings” (Donovan, 127). Many suffer from a diminished self-worth, as they do not feel valued and feel inferior to their classmates. In this essay I am going to outline the reasons Aboriginals are struggling, discuss what is being done
The Stolen Generation has had a profound impact on every aspect of the lives of Indigenous communities. It has jeopardised their very survival. It has impoverished their capacity to control and direct their future development. The Stolen Generation has corrupted, devastated and destroyed the souls, hopes and beliefs of many Australian lives through damaging assimilation policies established in an attempt to make a ‘White Australia’ possible. Discrimination, racism and prejudice are some of the many permanent scars upon Indigenous life that will never be repaired. However, recently Rudd and the Australian public have sincerely apologised for the detrimental effects the Stolen Generation had caused. The Stolen Generation has dramatically shaped Australian history and culture.
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.
Since European invasion in 1788, Indigenous Australians have struggled to maintain their rights and freedoms and to have governments recognise them. Over time, state and Commonwealth governments have implemented policies that have discriminated against Australia’s Aboriginal and Torres Strait Islander peoples, denying them equality, opportunity and control of their own lives and those of their children (Jacaranda, 2012). Indigenous Australians have been politically active in demanding their rights. Charles Perkins was an Aboriginal Activist who fought in the struggle for recognition, justice and legal acknowledgments for Indigenous people. To a large extent Charles Perkins has impacted the civil rights of Indigenous Australians; significantly advancing human rights and paving the way for reconciliation.
Place theory and place maintenance in Indigenous Australia by Paul Memmott and Stephen long explores the way the Indigenous Australians have and continue to use the land of Australia. It explores the key themes of the cultural differences of the Indigenous Australians to the people of Australia and the way their cultural beliefs have been downtrodden over the years. The fact that the Aboriginal Australians have had their cultural beliefs belittled is a common understanding of the Australian community of today, including myself, this can be seen by the many condolences for the numerous barbaric acts which were undergone including the removal demolition of the places of which held great importance.