The cultural case study I have chosen focuses on the protection of indigenous and cultural rights within Australia. Lack of knowledge in the wider community of Indigenous cultural heritage has created confusion, misunderstandings and inequality which have all continually placed pressure on the Indigenous heritage. Years of European misperceptions and indifferences have adversely affected them. Thus, I have chosen this case study to increase my awareness and understanding of the Indigenous community as well as their beliefs and systems. I would further like to understand how the law affects the indigenous culture and how it responds to issues regarding the rights of native Australians.
The case study is essentially about a marine sacred site
…show more content…
Since 1985, the mouth of the Blyth River has also been a registered sacred site. It is demarcated as such through signage and a closing line, which is intended to stop people (especially fisherman) from entering the sacred …show more content…
Although Magamarra and the Blyth River are registered as sacred sites, the physical condition and integrity of them is under threat from unauthorised use by commercial fishing vessels. There is a natural barramundi habitat in the estuarine waters of the Blyth River and the only way to enter these waters is through Magamarra. Illegal fishing activities at Magamarra are the most substantial threat to the condition and integrity of the site. There have been several reported recurrent problems with commercial fishermen disobeying customary laws and entering the site at night. In April of 2011 a commercial barramundi fisherman was fined $5,000 for setting up a gill net at Magamarra. After the court case, a Traditional Custodian observed that the illegal fishing appeared to have stopped, but questioned for how long. The physical condition and integrity of Magamarra is vital to the cultural wellbeing of the Guwowura and Mareang A-Jirra people. One Traditional Custodian explained that if Magamarra is destroyed through misuse, then his grandchildren will have no
The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.
The Australian Indigenous community hold extremely significant corrections to the land of Australia, of which they refer to as ‘Country.’ Indigenous people acquire deep meaning from the land, sea and the countless resources derived from them. This special relationship has formed for many centuries. To them ‘Country’ is paramount for overall wellbeing; the strong, significant, spiritual bonds embody their entire existence. Knowledge is continually passed down to create an unbroken connection of past,
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.
The Sanchez family wants the local social service agency to provide a psychosocial assessment. As a social worker at the agency, they will apply sociocultural and social change lenses. To demonstrate an understanding how each of the theoretical or perspective lenses can apply to the Sanchez family case. To identify their problems, determine their skills and capacities, what they are doing well, how they accomplish it and then analyze ways that those strengths might apply to the identified problems.
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 1985, the Ministry of Natural Resources (MNR) evaluated the Silver Creek Wetland, and qualified it for environmental protection. A re-evaluation was done in 1995, and a decision was made to combine three areas into one complex. The provincially significant wetland is listed as “unimpaired” and protection was recommended in 2000 by Nottawasaga Valley Conservation Authority’s watershed health monitoring summary. As the area provides vital biological, social, and hydro geological functions, protection is crucial. Not only does the area act as flood control, water purification, and sediment containment, it is a prime fishing location for locals as it provides a cold-water habitat and spawning grounds for several varieties of game fish such as brook trout (Salvelinus fontinalis), Chinook salmon (Oncorhynchus tshawytscha), and rainbow trout (Oncorhynchus mykiss). Numerous species of birds, such as the Caspian terns (Hydroprogne caspia), the great egret (Ardea alba), the black-crowned night heron (Nycticorax nycticorax), and other waterfowl also favour the staging and feeding grounds that the
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.
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
Government policies authorising the removal of Aboriginal children have caused extensive and unrepairable damage to every aspect of Indigenous culture. It could be argued that the emotional turmoil which occurred as a result of this policy, is greater than any physical abused ever faced by the Australian Aboriginal people. The act of child removal would be a scarring experience for parents and children of any race or culture. This policy had a particularly damaging impact on the Indigenous people as their identity is based within a set of strong traditional guides and teachings. These lessons are not recorded, but can only be taught through speaking with elders and learning through a connection to others within the mob, connection to art forms
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.
Through my life, I have seen several different approaches to Indigenous people’s rights and importance in Australia. I have been fortunate enough to visit Ayers Rock and undertake a tour which allowed me to see Aboriginal culture in art and drawings as well as hearing Dreamtime stories from guides. I have also witnessed family friends who have been severely racist and disrespectful of Indigenous heritage and history. I also was lucky to work with some Indigenous students who were in Reception during my Professional Experience 1, and I was able to see first-hand how a culture clash can affect a student’s behaviour. I feel that even before entering this course, I have had the privilege of being able to observe both positives and negatives
The term ‘Native Title’ refers to the right of Indigenous people to their traditional land. In Australia it has a legal significance of the right to an area of land, claimed by people whose ancestors were the original inhabitants of the land before European settlement. Also who can prove that they have had a continuous connection with the land. Native Title is the term given by the High Court to Indigenous land rights by the Court in Mabo and others v State of Queensland (No.2) [1992] HCA 23. The case required
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