Historical Developments Of Aboriginal And Torres Strait Islander Peoples ' Struggles For Rights And Freedoms

Arguably the most important referendum in Australia’s history occurred on May 27th 1967. This was the day that decided Indigenous Australians place in society, representing Aboriginal discrimination coming to an end. The vote was not about getting citizenship or voting right for the Aboriginals, it was targeted at making amendments to the constitution, allowing the Indigenous Australians to be counted in the Australian census and allowing Australian laws that included the Aboriginal Australians. The 1967 referendum had two sections requiring change, section 51 and 127. The eradication of all prejudice requirements within Commonwealth constitution was passed with voters support by the Australian body with an astonishing  90.77% of votes.

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 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 1967 referendum was the repeal of section 127 and section 51 in the Commonwealth Constitution. With the repeal of these two sections the “Federal Government were allowed to make laws for Aborigines and Aborigines were now counted in the national census”(About the 1967 Referendum). The 1967 referendum can be commonly considered the turning point in Australian history and culture for finally addressing discrimination towards the Indigenous people and taking responsibility for Aboriginal affairs. However, some do not have the same representation of the results of the 1967 referendum because of the little improvement it has done for the Indigenous people.

The attitudes of the white Australians also had a huge impact on change of rights and freedoms as it pressured the government into giving Aboriginals rights and freedoms. The 1967 was testament to this when a huge 90.77% of Australians agreed that Aboriginals had the right to be counted in the census. There has never been any real public objections to giving aboriginals rights, merely quiet harbored prejudices in the persons’ mind. On the other side of the case the Aboriginal rights in general have not improved with many Aboriginals being

Indigenous Australians have been fighting for their civil rights since European colonisation in 1788, in particular, for their rights to land ownership. Prior to the Mabo land rights case, there was very little success when it came to indigenous Australians making claims. The Mabo case took land rights to the highest court in Australia. It succeeded in achieving land rights and overturning Terra Nullius. The Mabo case helped to continue to chip away at the barriers of civil rights. The Mabo Case was a step towards Indigenous equality.

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.

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 evidence for legal changes in the indigenous people’s rights and freedom was the result of the 1967 referendum. The referendum was held to change the Australian Constitution to count the Aboriginal people in census as a part of the Australian population and allow the Commonwealth government make laws to help improve conditions for Aboriginal people no matter where they lived in Australia. As indicated in Source B the white population insisted to vote yes in the referendum and acknowledge indigenous Australians. A change in the law was needed to equalize indigenous Australians and therefore consider them as part of our society. The powers given to the Federal government by this referendum enabled Gough Whitlam to introduce reforms such as indigenous land rights and equality of women.

One of the first campaigns that made Australian history was commonly known as the 1967 Referendum. It proposed to include Aboriginal people in the census and allow the Commonwealth government to make laws for the Aboriginal people. The current Commonwealth

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 1967 referendum was a remarkable event in Australian history due to it's impact on the Indigenous people of Australia. It was the result of a call for change in the treatment of the Aborigines and Torres Strait Islanders. The purpose of the 1967 Referendum was to remove the discriminatory sections of the Australian Constitution which deprived the Aborigines of their human rights. It aimed to achieve an advancement in how the Aborigines were perceived and treated. Without the 1967 Referendum, Aborigines and Torres Strait Islanders would not have the privileges which they are entitled to and possess today.

On 27th May 1967, 90.77% of Australians voted in favour of changes to the Australian Constitution to improve the welfare of Indigenous signifying the end of racial discrimination . The 1967 Referendum was a practical and symbolic strategy which proposed to include Aboriginal people in the census and to allow the Commonwealth government to make laws for Indigenous Australians. The Referendum has had a significant impact on Indigenous policies as it

Constitutional recognition alone is not sufficient, as a preamble is tokenistic in nature. Thus, it is necessary that more tangible insertions be made to the body of the Constitution in addition to a preamble acknowledging Aboriginals. Akhtar’s article emphasises a necessity for constitutional change by stating that constitutional guarantees should be introduced to provide Indigenous Australian’s with enforceable rights that guarantee equality. Despite this, there is no suggestion by Akhtar to include both. The inclusion of both is vital, as although the preamble is symbolic and does not invoke physical change, it would be a formal acknowledgement of Aboriginals as the original inhabitants and custodians of the