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Land rights indigenous australia essay
Essay on current aboriginal education
Land rights indigenous australia essay
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Australia is known as the land of opportunity, where all people are considered equal, and freedom is enjoyed. However, for the Indigenous people of Australia this has not always been the case. In the past, Indigenous and non-Indigenous people have not always shared the same rights. Land, cultural and basic human rights were taken away when the first settlers arrived as Aboriginals were seen as an inferior race (Lindqvist, 2007, p.4). The issue of Indigenous Australians gaining recognition for their rights has been going on for many years. Aboriginal and Torres Strait Islander people are entitled to have their claims acknowledged. These are stated in relevant human rights treaties, which includes the Universal Declaration of Human Rights and …show more content…
It is the ‘mother’ from which they used to source food and live (Kauffman, 1998, p.1). Before the settlers arrived in 1788, Australia was known as Terra Nullius meaning a land, as such, belonging to no one (Lindqvist, 2007, p.3). The Indigenous people of Australia were exiled from their own country as the English deemed Australia a place without inhabitants as they did not see the Aboriginals as a civilised race (Aboriginalheritage.org, 2015). The colonisation of Australia was devastating for the Indigenous people, who have existed on this land for more than 60,000 years. For years, they have been fighting to have their land rights recognised. In Gumatj Elders Milirrpum versus Nabalco, the Northern Territory Supreme Court ruled in 1971 that, under Australian law, Aboriginal people did not own the Arnhem Land reserve and that Nabalco could mine bauxite from the land after Gumatj Elders Milirrpum took on Nabalco Pty Ltd in a land rights case (Korff, 2015). This was the first litigation on native title in Australia. In 1992, the High Court of Australia handed down a …show more content…
More than 500 Indigenous tribes inhabited Australia prior to British settlement, and each group lived in close relationship to the land (Digital, 2015). Practicing and revitalising cultural traditions, spiritual traditions and customs should be a right for all Indigenous and non-Indigenous Australians (Streich, 2009, p.28). Indigenous Australians identify themselves through their region, language, relationships and stories. Their cultural heritage is passed on throughout the generations (Australia.gov.au, 2015). For the Aboriginal people killing animals for food and building shelters is a ritual and, very much, a cultural and spiritual journey. Indigenous people were restricted and prohibited from practicing their traditional culture, which resulted in the loss of their identity and limited the cultural knowledge for future generations. The Indigenous culture was attacked in an effort to make the Indigenous people more European. Their identity was threatened by giving them settler names, clothes, and removing them from their traditional lands and placing them on centralised reserves among other Indigenous people from many different tribes. This policy of segregation had an enormous impact on the lives of Aborigines. They were being deprived the right to practice and maintain the traditional
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
The National Apology of 2008 is the latest addition to the key aspects of Australia’s reconciliation towards the Indigenous owners of our land. A part of this movement towards reconciliation is the recognition of Indigenous Australians and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait Islanders. Eddie Mabo’s introduction of the Native Title Act has provided Indigenous Australians with the opportunity to state claim to their land, legally recognising the Indigenous and the Torres Strait Islanders as the traditional owners.
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 ... ...
“Indigenous Australian peoples are people of Aboriginal and Torres Strait Islander descent, who are accepted as an Aboriginal or Torres Strait Islander person in the community in which they live, or have lived” (Queensland Government, Australia, n.d). Indigenous Australians have made considerable contributions in the field of arts, media, sport, education, politics/government, and history. One of the famous Indigenous person is Evonne Fay Goolagong-Cawley, who has gained name and fame for Australia in the field of tennis on world level. Evonne Goolagong-Cowley’s life, opportunities, achievements and contributions and the ability to rise out of the cultural barriers gave her a unique place in Australian society.
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.
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.
The indigenous Australian culture is one of the world’s oldest living cultures. Despite the negligence and the misunderstanding from the Europeans, Aboriginals were able to keep their culture alive by passing their knowledge by arts, rituals, performances and stories from one generation to another. Each tribe has its own language and way of using certain tools; however the sharing of knowledge with other tribes helps them survive with a bit easier with the usage of efficient yet primitive tools which helps a culture stay alive. Speaking and teaching the language as well as the protection of sacred sites and objects helps the culture stay...
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
The Australian Aboriginal People: Dating the Colonization of Australia. Abstract The colonization of each continent by modern human populations remains an important question in our history as a species. Studies of variations in mitochondrial genomes, Y-chromosomes, satellite DNA, and other genetic markers can be used to estimate the time of divergence of one population from another. Recent advancements in technology have advanced our capabilities in genetic analysis.
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.
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.
Australia’s Indigenous people are thought to have reached the continent between 60 000 and 80 000 years ago. Over the thousands of years since then, a complex customary legal system have developed, strongly linked to the notion of kinship and based on oral tradition. The indigenous people were not seen as have a political culture or system for law. They were denied the access to basic human right e.g., the right to land ownership. Their cultural values of indigenous people became lost. They lost their traditional lifestyle and became disconnected socially. This means that they were unable to pass down their heritage and also were disconnected from the new occupants of the land.
But when it did get cold in the winter they slept and lived in shelters. These shelters were made of a frame work of branches and sticks then they were covered with leaves and branches. Or the aboriginals slept next a camp fire.
Indigenous people are those that are native to an area. Throughout the world, there are many groups or tribes of people that have been taken over by the Europeans in their early conquests throughout the seventeenth and eighteenth centuries, by immigrating groups of individuals, and by greedy corporate businesses trying to take their land. The people indigenous to Australia, Brazil and South America, and Hawaii are currently fighting for their rights as people: the rights to own land, to be free from prejudice, and to have their lands protected from society.