Native Title 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. The Doctrine of terra nullius is “land that is uninhibited” or “land that belongs to no-one” was used in association with the original British Settlers. When the British settlers arrived, a lot of issues had risen as they ignored the indigenous Australians and regarded them as “not human” who owned land even though they had practiced traditions and customs for hundreds and thousands of years. The British treated Australia as terra Nullius. However due to the doctrine of Terra Nullius it states that Indigenous Australians could not sell or assign any land, nor could any individual person to retain or acquire it, besides from the distribution of royalty. According to international law the British were only able to take possession of a country through only 3 different ways. 1- If the country was uninhabited meaning that British could claim ownership of that land 2- if the country was inhabited Britain would have to seek permission from the owners of the land. In this case it would be the Aboriginal people and they would have to purchase it for ... ... middle of paper ... ...d practiced traditional customs of their tribe. However this was hard to prove as their laws were never written down as they expressed their laws orally and had to remember them. This case made the native title claim difficult for the indigenous to get because their link to the land and their tradition had been severed due to the growth of urbanisation in those areas. The native title was seen as an important part of reconciliation between the Aboriginal Australians and the community to enhance the present and future. Many claims by the Yorta Yorta people were dismissed where the Australia in 2001 and the High Court of Australia 2002 which were also dismissed due to the tradition of being viewed as “old Historical ways” Thus there is nothing more important that for Australia to resolve their relationship between the indigenous people and the non indigenous people.
Jeff Lambert’s thesis suggests “the proclamation delivered an injustice to the Aboriginal nation that took over 200 years to legally reject Terra Nullius, albeit under certain conditions” (Lambert 2012. pg15). Lambert explains the stages before and after the Proclamation 1835 formed also noting a statement by Joseph Bank “Sir Joseph Banks’ prediction that no Aborigines would be found in the interior of the continent, because they only lived on fish and shellfish, but rather a few nomadic peoples along the coast line, may have influenced the British government’s decision to declare Terra Nullius” (Lambert 2012. pg15). The statement is discussed in and evidenced with a map. Jeff Lambert also explains the European attitudes towards Aboriginal and Torres islander sovereignty. Jeff Lambert states Europeans perceived Torres Islanders and Aboriginals as ‘inferior’ (Lambert 2012. pg.12). Lambert (2012. pg13) suggests that “There were some who asserted that terra nullius implied that unoccupied land was not the only meaning of the phrase and that it could also be interpreted as an absence of civilised society.”. The principle of terra nullius means no-man’s land, therefore after the Governor Bourke Proclamation Aboriginals had no legal ownership of land. According to Lambert (2012. pg13) Torres Islanders and Aboriginals ownership of
The two forms of traditional Aboriginal law were ‘sacred’ and ‘secular’ laws. Sacred laws were entrusted to the elders, teaching Aboriginal customs, acceptable behaviour, and adequate use of the land. Secular laws focused on the responsibilities of individuals. There were also ‘secret’ laws and different people...
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.
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 ... ...
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
As European domination began, the way in which the European’s chose to deal with the Aborigines was through the policy of segregation. This policy included the establishment of a reserve system. The government reserves were set up to take aboriginals out of their known habitat and culture, while in turn, encouraging them to adapt the European way of life. The Aboriginal Protection Act of 1909 established strict controls for aborigines living on the reserves . In exchange for food, shelter and a little education, aborigines were subjected to the discipline of police and reserve managers. They had to follow the rules of the reserve and tolerate searchers of their homes and themselves. Their children could be taken away at any time and ‘apprenticed” out as cheap labour for Europeans. “The old ways of the Aborigines were attacked by regimented efforts to make them European” . Their identities were threatened by giving them European names and clothes, and by removing them from their tra...
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 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
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.
The Native American Reservation system was a complete failure. This paper focuses on the topics of relocation, Native American boarding schools, current conditions on today’s reservations, and what effects these have had on the Native American way of life.
Cultural competence is a skill essential to acquire for healthcare providers, especially nurses. Cooperating effectively and understanding individuals with different backgrounds and traditions enhances the quality of health care provided by hospitals and other medical facilities. One of the many cultures that nurses and other health care providers encounter is the American Indian or Native American culture. There are hundreds of different American Indian Tribes, but their beliefs and values only differ slightly. The culture itself embodies nature. To American Indians, “The Earth is considered to be a living organism- the body of a higher individual, with a will and desire to be well. The Earth is periodically healthy and less healthy, just as human beings are” (Spector, 2009, p. 208). This is why their way of healing and symbolic items are holistic and from nature.
Indigenous Knowledge (IK) can be broadly defined as the knowledge and skills that an indigenous (local) community accumulates over generations of living in a particular environment. IK is unique to given cultures, localities and societies and is acquired through daily experience. It is embedded in community practices, institutions, relationships and rituals. Because IK is based on, and is deeply embedded in local experience and historic reality, it is therefore unique to that specific culture; it also plays an important role in defining the identity of the community. Similarly, since IK has developed over the centuries of experimentation on how to adapt to local conditions. That is Indigenous ways of knowing informs their ways of being. Accordingly IK is integrated and driven from multiple sources; traditional teachings, empirical observations and revelations handed down generations. Under IK, language, gestures and cultural codes are in harmony. Similarly, language, symbols and family structure are interrelated. For example, First Nation had a