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Rights and freedoms of aboriginal people essay
Essay aboriginal people of australia
Essays on Aboriginal Australians
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Mabo case
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
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The validity of British’s occupation of Australia has been fundamentally shaken. The decision protected Aboriginal people’s cultures and lifestyles to a certain degree. Moreover, it guaranteed that some of the lands they live will not be developed. There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia (Australian Institute of Aboriginal and Torres Strait Islander Studies, 2017). For example, it helps to promote the idea of non-discrimination. From then on, a series of laws had been introduced to help safeguard their standard legal rights and …show more content…
It is the footstone for the actions that can practically protect legal rights of Aboriginal and Torres Strait Islander people. The most important thing is that the aim of it cannot be changed. It was established for the legal rights Aboriginal inhabitants possess. In the future, the government should have some powerful measures to both protect Aboriginal people and resource companies. Contradictions between economy and citizens should be reconciled instead of being intensified. Also, a more regulated process of native title is supposed to be introduced. The Australian Government announced $7.8 million additional funding to support native title groups (Indigenous.gov.au, 2017). More financial compensation should be applied to Aboriginal people.
In conclusion, as a cornerstone of Australia legal system, the Mabo case had profound effects on protecting Aboriginal people. After twenty-five years of development, the situation is getting more and more better. However, the government can still have more powerful and forceful measures to improve those people’s
At the conference he explained the traditional land ownership and inheritance system that his community followed on Mer Island. Afterwards, a lawyer in the audience noted the significance of his speech and suggested there should be a test case to claim land rights through the court system. In 1982, Eddie Koiki Mabo and four Mer islanders took their case of ownership of their lands on Mer Island to the Queensland Supreme Court. With Eddie Mabo as the leader the case became widely known as the ‘Mabo case’. After the court ruled against them, the islanders took the case to the High Court. On 3 June 1992 (ten years later), the court decided in favour of the Islanders and ruled that ‘the Meriam people of the Torres Strait did have native title over their traditional
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).
The first is Paul Keating’s Redfern speech of December 1992, during the Mabo case. Keating spoke about the injustices committed against Indigenous people since European settlement of Australia and the need to acknowledge and remedy these. The conflicting source is an interview of John Howard on the 7.30 report in 1997, 4 years after the Mabo decision. Howard deals with the perceived implications of the Mabo and subsequent land title decisions for land ownership across Australia. The two sources conflict as they are taken from opposing parts of the mainstream Australian political spectrum. They reflect the so-called History Wars, a debate regarding the unresolved cultural struggle over the nature of the Indigenous dispossession and the place it should assume in Australian self-understanding. The Redfern Speech sets out the views of the left wing, progressive spectrum of Australian political views. John Howard’s interview sets out the arguments against the political and economic effects of the Mabo decision and subsequent land title decisions and largely reflects right-wing political views. The sources differ not only in their political views but also the time that they were given. Keating sets out his moral perspective regarding the need to rectify the past wrongs and improve the future prospects for Australian indigenous people. It was delivered before the final Mabo high court decision, and so cannot deal with the social, economic and political implications of said decision. Contrastingly, John Howards interview was 4 years after the Mabo decision, during which several subsequent land title decisions had been made. Consequently, his interview focused on his views of the implications of those subsequent events for Australia’s political, social and economic
Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics 2012)
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 ... ...
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
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...
Access to land and resources is important for many aboriginal communities as a basis for the maintenance of aboriginal cultural values, financial security, and economic development. The self-government has also helped provide access to treaty rights and land claims settlements for the Aboriginal population.
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.
The Calder Case was the spark that led to the Canadian government recognizing Aboriginals and their rights. Firstly, the aboriginals used the Calder Case to inform the government that they were taking away their rights. The Calder Case was launched after the Attorney General of British Columbia declared “that the Aboriginal Title, other wise known as the Indian Title, of the Plaintiffs to their ancient tribal territory...has never been lawfully extinguished.”1 The statement made by the government claimed that the Aboriginal Title did not exist in the eyes of the law and before the Calder Case, it allowed them to ignore Aboriginal land rights all over the country. In addition, The Calder brought the issues the Aboriginals were facing with land claims to the attention of the Canadian government. “According to Kainai Board of Education The case made it all the way to the Supreme Court of Canada where the court ended up rejecting the native's claims after being split on it's validity. However, the Supreme Court of Canada's recognition required new respect for Aboriginal land claims.”2 The Supreme Court of Canada's recognition of the Calder Case benefited the Aboriginals as the government was...
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.
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
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.
It is important to always show respect towards the indigenous, acknowledge their laws, their practices and their customs further paying respects to the original custodians of the land. This however does not mean that recognition of aboriginal customary law is essential to improving the status (social position) of indigenous Australians; on the contrary it poses more problems than solutions. Although law is seen as the fabric of existence and intrinsic to living, it is impossible to judge one legal system in terms of another. As such, while there are many positive aspects of aboriginal customary law, which is merely just different and in no means (worse) or (better) than English common law, its enforcement is not essential to improving the status of indigenous Australian’s in society. Many other legal and non-legal remedies have sought and provided better support and status for the indigenous community.