Australia 's Human Rights Record

In this essay I will examine the development of Australian society and subsequent rights given to Australian citizens, thus addressing the guiding question as quoted at the top of the paper.

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

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.

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

For the last 200 years Indigenous people have been victims of discrimination, prejudice and disadvantage. Poor education, poor living conditions and general poverty are still overwhelming issues for a large percentage of our people and we remain ‘as a group, the most poverty stricken sector of the working class’ in Australia (Cuthoys 1983).

This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the structural elements of the law itself perpetuate Indigenous injustice and disadvantage.

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

In the early 1890’s, protectionism gave way to state and commonwealth government regimes of segregation. In the development of the constitution, politicians included sections specifically excluding Indigenous Australians, such as the white Australia policy, ensuring that racism became entrenched in the new nation’s future. Reserves and missions were set up far from white settlements, to exclude and control Indigenous Australians, especially those of mixed descent (Hampton & Toombs, Racism, colonisation/colonialism and impacts on indigenous people, 2013).

Further, low income, unemployment, racism, lack of education further deteriorate their quality-of-life and well-being (Carson, Dunbar, Chenhall, & Bailie, 2007). Therefore “closing the gap” on indigenous disadvantage is crucial for archive equality in life expectancy, health status, education and employment between indigenous and non-indigenous Australians (Black & Richards, 2009).

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.

The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been

Assess the impact of the Australian Aboriginal League in improving the rights and freedoms of Aboriginals in Australia

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 context in which the Australian Criminal Justice system has failed the people of Aboriginal and Torres Strait Islands are significantly diverse. In the below summary I will highlight the current stressors in todays society which will correlate with those from the colonial era. Before the beginning of the European colonial era in 1788, Cunneen (2001), discusses one of the most crucial concern that has remained predominant and significantly controversial in the history of Australia is the issue of injustice, specifically when it comes to the level of integrity through which Indigenous peoples fundamental human rights are established.