Aboriginal Self Determination

Aboriginal self-government is a long standing issue that continues to be a struggle for the First Nations People. To truly understand the scope of Aboriginal self-government within First Nations communities, more effort is needed to understand the legislative system that runs Canada. This issue of self-governance has been very destructive in First Nations communities. After signing the Treaties, First Nations People was stripped of their livelihood and from that point on to abide by the Dominion of Canadas legislative policies. One current issue that would be a perfect example is the Nisga People in British Columbia who is no longer under the protection of the

It is a commonly known issue in Australia that as a minority group, the people of Indigenous Australian ethnicity have always been treated, or at least perceived, differently to those of non-Indigenous disposition. This can be applied to different contexts such as social, economic, education, or in relation to this essay – legal contexts. Generally, Indigenous Australians face issues such as less opportunity for formal education, less access to sufficient income, more health issues, and higher rates of imprisonment (Steering Committee for the Review of Government Service

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.

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 rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.

In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of

In 1967, a landmark event occurred for the Indigenous Community of Australia. They were no longer declared Flora and Fauna This means that Aboriginal people would be considered a part of the landscape and not humans in their own right.. In 1967, a Referendum was held by all members of Australian society voting on the issue of allowing Indigenous Australian to be a part of the census and thereby able to vote and be counted as part of Australia’s population. This achieved not only citizenship for Aboriginal people, but put the issue of Indigenous Rights on both the political and social platforms. This essay will look at the lead up to the Referendum, how Aborigines and their supporters communicated their belief in their rights to the

When European colonists settled in Australia they treated the Aboriginal people extremely different to that of their fellow white men. The Aboriginals were not seen as first class citizens through the European eye and as a result were victims of extreme oppressions and had nearly no rights or freedoms. Since then Aboriginal people have fought to be treated equally to the white men through various different ways. I will discuss the previous struggles faced by the Aboriginals, the Australian strife for equality and finally the level of success and degree of rights and freedoms given to Aboriginals in modern Australia.

Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century. 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. Described by Pat Dodson (2006) as a seminal moment in Australia’s history, Rudd’s apology was expressed in the true spirit of reconciliation opening a new chapter in the history of Australia. Considerable debate has arisen within society as to whether aboriginals have a right to land that is of cultural significance and whether current land owners will be able to keep their land.

The native title act inspired by the mambo case enabled and encouraged the aboriginal people in the past, present and future to stand up for their culture, community and land. The mambo case allows me to understand the fight the aboriginal people fought for. In recognising that Indigenous peoples in Australia had prior rights to land, the Court held that these rights, where they exist today, will have the protection of the Australian law until those rights are legally extinguished (HUMAN RIGHTS COUNCIL OF AUSTRALIA,2017).

Human rights are the rights of humans, regardless of nationality, gender, race, or religion. We should all have this in common as we are all part of humanity. However, Indigenous people did not always have these rights (Ag.gov.au, 2015). Aside from basic human rights, Indigenous people also have their own rights specific to their culture. Before 1967, Indigenous people had different rights in different states and the Australian federal government did not have any jurisdiction over Aboriginal affairs until Australia’s constitution was amended for this purpose in 1967 (Moadoph.gov.au, 2015). Between 1900 and the present time, there have been significant changes to the rights of Indigenous Australians. The effects of the European Settlement on the Indigenous people of Australia have been devastating. When white people began arriving in Australia, the Aboriginal people believed them to be ghosts of ancestor spirits. However, once they realised the settlers were invading their land, the Aborigines became, understandably, hostile (Slater & Parish, 1999, pp.8-11). In 1788, the total Indigenous population was believed to be between 750,000 and one million. By 1888, the Indigenous population was reduced to around 80,000 Australia wide (Korff, 2014). The three main reasons for this dramatic decline were the introduction of new diseases, violent conflicts with the colonisers, and settlers acquiring Indigenous land (Digital, 2015). In 1848, the Board of National Education stated that it

The construction of Aboriginality in Australia has been achieved through a variety of processes, in various places and at various levels of society, giving rise to a complex interaction between the constructions. At the local level, the most striking line of tension may seem to lie between what Aboriginal people say about themselves and what others say about them. But crosscutting this is another field of tension between the ideas of Aboriginality (and non-Aboriginality) that people of all kinds construct and reproduce for themselves, and the constructions produced at the national level by the state in its various manifestations, the mass media, science, the arts and so on (Beckett, 1988).

64, Commonwealth of Australia 2011). Policy then moved towards more assimilationist strategies in which attempts were made to convert Aboriginal Australians into ‘responsible citizens’ (Gilbert 2005, Haebich 2000). The protectionist and assimilationist policies share the core values that Aboriginal culture is inferior and on its way to an ‘evolutionary end’ (Gilbert 2005, p. 64).

According to the Cornell University Law School’s ‘Legal Information Institute’, self-determination ‘denotes the legal right of people to decide their own destiny in the international order’. As a major concept of international law, self-determination gives people the right to control their own fates under certain fundamental criteria, and can be claimed by a minority that bases its lifestyle on an ethnic identity that is distinguishable from regular society, with a strong desire for cultural preservation. It has been considered to be a framework with the ability to guide legislative reforms within Australia, with an underlying ‘rights- based’ approach to Indigenous Issues. Self-determination is considered to be an important aspect of the legal system in regards to Indigenous Peoples, as it provides them a process of choice, to guarantee the practice of Indigenous social, cultural and economic needs.

I agree with Michael Dodson through establishing the twin projects for Aboriginal people. The first twin project is self identification which is essential that the Aboriginal people to self identify themselves and to actually break away from the representations that the colonisers’ gave implied on them. Michael Dodson argues that one has the right to control their identity to broader the right to self identification ( Dodson 2003, pg 22) that he is trying to make the Aboriginal people to develop an identity of their own. A Positive reinforcement that Dodson has placed that is found in the article is the Un study that gave recognition for aboriginal people’s right and that they are being heard an has made an impact for Aboriginal people to find their own self identity and It is a way to ensure that Indigenous peoples can direct their cultural, economic and social development and participate fully in the democratic life of the entire community