Analysis Of The Aboriginal And Torres Strait Islander People In The Australian Constitution

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 Eddie Mabo v the State of Queensland [No. 2] (Mabo) case has had a deep impact on the legal, social and political reality of Indigenous-non-Indigenous relations in Australia. It’s established a long term consequences may require considerable litigation, or maybe a Federal Legislation. The Mabo case is the means of which the sovereign rights of Indigenous Nations to their ancestral lands. The result in the case was a recognition by the Australian legal system that the Meriam people hold rights to their land under their own system of law, and that those rights should enjoy the protection of the Australian Law.

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.

Australian government today recognises that educational policies regarding Aboriginal people cannot be made without considering social and economic policies aimed at improving outcomes for Aboriginal communities in general (TICHR, 2006). Main contemporary issues facing Aboriginal communities are proving land ownership, remoteness, health status, education and employment status and social attitude of Non-Aboriginal population towards the Aboriginal communities (Challenges facing the Indigenous communities today, n.d.). Tackling this issue is not a simple task: the document “National Indigenous Reform Agreement” (2010) which aims to improve outcomes for all Indigenous Australians recognizes that this process needs approach from different aspects, taking into account “seven key building blocks: Early Childhood, Schooling, Health, Economic Participation, Healthy Homes, Safe Communities, and Governance and Leadership” (as cited in DET Queensland,

Faith Bandler was one of the most prominent figures promoting Aboriginal and Torres Strait Islanders civil rights in Australia, and played a significant role in the success of the 1967 referendum. Bandler’s background and early life significantly influenced her later activism, causing her to question injustices against Aboriginal and Torres Strait Islanders. Bandler spent most of her adult life promoting the cause of ATSI civil rights and racial equality, and was involved in a number of key events, one of the most significant being the 1967 referendum. Bandler’s legacy is extremely important in Indigenous Australia’s and Australia’s history, and her life will continue to impact millions.

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

Let's take it back to the 27th of May, 1967. The Australian Referendum, called by the Holt Government is about to decide whether or not citizens of Australia believe that Indigenous Australians should be given the right to vote. Although this was a successful referendum, in the government's eyes, this was going to give the recognition that the Indigenous Australians wanted. But it didn’t. The goal was to achieve a transformative lobby to concede the adverse wrongs of our colonial past. If that is so, how is it that 50 years later, this multicultural country and its government are still continuing to fail the First Australians, and ignoring the recognition they deserve - to be recognised in the Constitution.

The efficacy and implementation of the Northern Territory Intervention has received wide spread criticism due to the lack of prior consultation with the Indigenous Community leaders as well as the questionable reforms subsequently implemented. Amongst these reforms were the suspension of the Racial Discrimination Act (RDA) (Korff, J, 2016) and forceful leasing of Indigenous land to the commonwealth as documented in The Northern Territory National Emergency Response Act, 2007 (Cth). The Northern Territory Intervention consequently has had numerous negative impacts on the community, “The intervention has had consequences that will have repercussions for generations” (Dodson, 2016)

Aboriginal people, since British settlement, have faced great inequalities and much racial discrimination on their own soil. Aboriginal Australians through great struggle and conflict have made significant progress in the right to their own land. To better understand the position of the Aboriginal Australians, this essay will go into more depth about the rights that Aboriginal people had to their own land prior to federation. It will also include significant events and key people who activated the reshaping of land rights for Indigenous Australians and how that has affected the rights Aboriginal people now have in the 21st Century, in regards to their land.

This report will cover the history of the Aboriginal Voting rights in Australia. The Aboriginals did not gain the right to federal voting at least 150 years after the British colonized in Australia. All citizens of a nation deserve equal rights.

Over the past 230 years, Aboriginals have protested in many different ways to gain rights, which they believe they are deserving of. Through aims of what they wanted to achieve, the processes they went through brought them disappointment over the poor results of some actions and pleasure over the success of others. Over those years, very few periods of protest have been as revelational or effective as the protests occurring between 1938 and 1972. During this period many different groups of Aboriginals have fought for the common cause of being recognised as people rather than interferences caught in the midst of Australians expansion as a nation.

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.

This article gives the reader an inequitable view of Indigenous Australians, defending Tony Abbot’s point of view and the audience is encouraged to agree with mainstream media in regards to whether or not Tony Abbott is racist. Article B from the Koori Mail condemns Tony Abbott’s viewpoint as not only racist but he is insulting the very culture that he is representing. Article B states that Tony Abbott does not understand Indigenous culture and how important land is to them “Connection to country is everything to Aboriginal people – defines Aboriginal people and sustains us in a cultural and spiritual sense and can play a vital role in building economic independence, self-determination and healing” (Greg Cromelin, Article B). With Article B the audience is encouraged to get angry at Tony Abbott’s comments and make him out to be racist.

Reconciliation is the process of building respectful relationships between Aboriginal and Torres Strait Islanders and the wider Australian community. It is about understanding and respecting their culture and heritage and signifies ‘coming together’ to become one nation without racism and with equality for all. There are still vast differences in health, education, employment, and standards of living of the Indigenous peoples as compared to their non-Indigenous counterparts. Even today Indigenous peoples have a significantly lower life expectancy, up to 11.5 years for men and 9.7 years for women . The infant mortality rate for the Indigenous peoples is double the rate for non-Aboriginal Australians. Understanding these inequalities is the first step to reconciling the differences. Policies such as the stolen generation and assimilation policy destroyed Indigenous identity and culture and justified the dispossession of Indigenous people and the removal of Indigenous children from their parents. We can’t change the past but we can make a better future by understanding and learning from the mistakes of the past, reconciliation is about that. Many practical and symbolic strategies have been implemented over the last 50 years to achieve reconciliation such as ATSIC, Northern Territory Intervention and the Mabo decision. However, the most significant ones are the 1967 Referendum, Closing the Gap framework in 2008 and the ‘Sorry speech’. The aim is to improve the five dimensions of reconciliation: race relations, equality and equity, institutional integrity, unity, and historical acceptance.

The 2007 The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that ‘Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’. The right to self-determination is born from the legal and cultural acknowledgement of Indigenous peoples as Australia’s first settlers, and is important in the context of the Australian Legal System. Self-determination may be used by the courts to interpret domestic legislation, as well as