Indigenous Law

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.

Before the protection act was placed, the Australia white settlers attempted to assimilate the Indigenous people into a white society, making them wear their clothes and learn their customs. In the 1830s, the British government decided that there had to be more done to protect the Aboriginal people. So, four ‘protectorates’ were set up in Victoria (william, 2014). The protectorates set aside land for the Indigenous people to protect them from aggressive white people; however, it failed in the long term. The government kept trying to find ways to improve the Indigenous peoples way of life, but never once consider that the Aboriginal community saw nothing wrong with how they lived and didn’t realize that they have been living off the land for thousands of years. The only reason they now needed to be “protected” was because of the white settlers stealing their land and trying to convert them into a white way of living. The introduction of the new diseases started killing off the Aboriginal community, so the Australia government made a reserve for the community to die peacefully, however, instead of dying out, the Indigenous population started to grow. On the reserves, they were safe from the white settlers and now had the freedom to practice their traditions. Though, this freedom

At the turn of the twentieth century the systematic forced removal of Aboriginal children from their mothers, families and cultural heritage was commonplace. There were several reasons that the government and white society used to justify the separation but the prevailing ideology of nationalism and maintaining Australia for the ‘whites’ was the over-riding motivation and justification for their actions[1]. Progressive sciences such as anthropology espoused such theories as eugenics, miscegenation, biological absorption and assimilation which legitimated governmental policies relating to Aboriginal affairs[2]. It was

‘The Sapphires’ by Wayne Blair was the trigger that led my research into the effects of the Stolen Generation on Aboriginals in Australia. This film is about an Aboriginal singing group who want to make a name for themselves, but find it difficult because of the racism against them. This film also tells the stories of their cousin Kay, who was a half-caste and was stolen from her Aboriginal family at a young age to be taught the ways of white people, and forget her culture. This film made me realise that I am lucky to live in a country where racism of such an extent in which children are stolen from their indigenous families, isn’t part of our history, and has not affected me personally. From my research, I have found six main sources that have helped me to understand how large this problem was and continues to be. My sources: ‘The Sapphires’ by Wayne Blair; a film about a group of Aboriginal singers who are affected by racism which is based on a real life singing group; ‘The Sorry Speech’, by Kevin Rudd who was the Prime Minister of Australia in 2008 who explains the damage and apologises for the way that the actions of past governments tore apart the lives of their indigenous people. Then there is ‘Blind Eye,’ the documentary in which people who were stolen are interviewed and tell their stories. The film, ‘Rabbit Proof Fence’ this tells the story of two girls who were stolen and gives us insight into how brutally that they were treated after being ripped apart from

The Stolen Generation has had a great effect on Aboriginal rights and freedoms as Aboriginal and Torres Strait Islanders didn’t even have the rights to raise and look after their children and as a result 100,000 Aboriginal Australian’s were displaced and placed into white families. The lack of understanding and respect for Aboriginal culture also meant that many people who supported the removal of these children really thought they were doing “the right thing”. The impact on Australian life today is still being felt as the Stolen Generation is seen as a recent event has it only ended in the early 1970s. Children that where taken away back then now cannot trace back their roots and therefore have no record of their family history or where

The stolen generation is a term to describe aboriginal children who were forcibly removed from families by federal and state governments and by church missions. The aim of this was to bring aboriginal children up in white families and teach them to reject their original culture, therefore if they continued successfully there would eventually be no indigenous people remaining.

The Stolen Generation has left devastating impacts upon the Aboriginal culture and heritage, Australian history and the presence of equality experienced today. The ‘Stolen Generation’ refers to the children of Aboriginal descent being forcefully abducted by government officials of Australia and placed within institutions and catholic orphanages, being forced to assimilate into ‘white society’. These dehumanising acts placed these stolen children to experience desecration of culture, loss of identity and the extinction of their race. The destructive consequences that followed were effects of corruption including attempted suicide, depression and drug and alcohol abuse. The indigenous peoples affected by this have endured solitude for many

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

Throughout Australian history, Aboriginal people have been displaced and mistreated through the course of time, through the separation from their from kinship groups, land and the stolen generation. This has resulted in the connection to their dreaming lost, misconnection and loss of their sacred sites and traditional food from their land. As a consequence of the stolen generation, many aboriginal children were deprived of their parents, families, spirituality, language from their land and their cultural identity. All of these aspects contribute to the continuing effect of dispossession on Aboriginal spiritualities.

In conclusion the stolen generation was a traumatizing time for young indigenous children, as being a children were torn from families and forced to live with white people and forget their heritage and culture which lead to the aboriginal culture which would lead to the culture being forgotten. The policy assimilation was introduced by the government, individuals were traumatized by assiliamation. The stolen generation affected the whole indigenous

Since British arrival, Aboriginal people have experienced marginalisation and extreme disadvantage within Australian society. Urban-based Aboriginal people, even more than those living in remote communities, have been subject to the impact of racism and discrimination on self-identity. Nonetheless, many urban-based Aboriginal people proudly identify with their Aboriginality, asserting their identity. In this case study, I will examine the identity of Aboriginal Australian’s, comparing this construction from the time period of colonisation in Australia to the current time period in Australia. Perhaps the most salient features of this construction are the impact of Australian colonisation, along with the effects of the Stolen Generation.

There have been many significant cases that have dealt with the issue of jurisdiction. Among these cases was the Sparrow case of 1990. The Court determined that “Aboriginal Rights were constitutionally protected, and that those rights can only be extinguished with First Nations consent.” Moreover, the Court ruled that “Aboriginal rights could only be limited with justifiable reasons and that Aboriginal rights have to be interpreted in a generous and liberal manner.”

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.