Land Rights for the First Australians Essay

Australia was first claimed by Captain Cook in early 1770, but it wasn’t settled until 1788 when the first fleet of 11 ships arrived at Botany Bay, carrying 1,530 passengers - mostly convicts, as well as some marines and officers. They moved to Port Jackson to begin establishing a settlement. Specific prisoners were chosen for the trip, the ones with skills in building, farming and other things that would have been useful to create a “liveable” environment for the new inhabitants. The first “free” settlers only arrived in 1793, thus beginning the colonisation of New South Wales.

Another challenge to land ownership was the Tent Embassy on the parliament house lawns. This constant public pressure caused the government to express interest in giving land rights to Aboriginals. This was completed with Justice Woodward’s report in 1974 that recommended that Aboriginal reserves are to be returned to Aboriginal ownership, that Aboriginals had claim to vacant land if they could prove ties with the land, that Aboriginal sacred sites were protected. This was great as it gave power to the Aboriginals. It did however also mean that if they had sacred land that was already owned if not even used would not be returned to them. This was passed in 1976 when the Aboriginal Land Rights Act was passed. Later in 1981 the Northern Territory government opposes land rights and attempts to amend the land rights act to stop claims of owned stations and property.

Aboriginal Land Rights Aboriginal Australians have always had an eternal bond with the land. For the 50,000 years or more, they have occupied the continent; the land provided not only the basic needs, but also the spiritual beliefs. In the Dreaming, the forms of the land, mountains, rivers, landscapes and animals took shape and the spirit of ancestors resided in places that became sacred sites to the Aboriginal people. The land to these people were their most precious commodity. When white settlement began in Australia in 1788, the concept of terra nullius {the land belonging to no-one} was adopted by the British.

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.

Hello and welcome to ST Leo’s justice group my name is charbel saliba and I will be talking to you about aboriginal dreaming and land rights. The quote I said earlier was a spiritual view of life based on the dreaming which cannot be separated from the land; that is why the aboriginal people’s connection towards the land is inexorable. The two are intertwined; to separate them would be impossible, one would not work without the other thus they are just as important. The land is used as a physical link between human beings and all that is unseen and eternal. It creates a

The first fleet arrived at Botany Bay on the 18th of January 1788 which was later declared as an official prison. The Captain of the fleet, Captain Phillips however found out that the harbour was in lack of fresh water therefore was unsuitable for conviction. The fleet then redirected to Port Jackson which then marked the official first European landing on Sydney Harbour.

In the early stages of colonization in Australia aboriginals were hardly treated as humans and were not given access to the same rights and freedoms the settlers had. Whilst it was not as extreme as slavery amongst African Americans in the

The Yirrkala Bark Petition of 1963 was a result of Governments giving native Aboriginal land to mining companies on a mining lease. The Aboriginals claimed that their land was being taken away from them without compensation. The aim of this particular protest was to gain back the land that had been given away through the mining lease and be apologised to by the Australian government. These aims are summarised in the aborigine’s simple desire to be accepted into the Australian community and to be granted rights as well as acknowledgment that they have ties to the land. The local Yirrkala elders signed an ornate and artistic petition to have the mining lease revoked. As a result, the government set up a committee to oversee the decision made and to mediate future decision on similar matters. Despite the lease going ahead, it was acknowledged that there were Aboriginal sacred sites on the land where the lease was valid and it was agreed that those sites would be protected. This decision alone didn’t have a great effect however it showed the Aboriginals that the Australian government acknowledged there ties to the land and it showed the Australian government that the Aboriginals did have rights to regions throughout Australia even if those rights were not to be recognised for almost 30 years.

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 causes unclear understandings of what self-determination means for Aboriginal people as the communication between Indigenous and non-Indigenous people can be very ignorant from the perspective on non-Indigenous people (Behrendt 2003 p.88). The Barunga Statement and Eva Valley statement are both major sources of expressed self-determination goals by Aboriginal people and hold Australia accountable to the international community, major goals for self-determination include: Aboriginal veto power in heritage matters and the acknowledgement of inextinguishable Aboriginal land rights (Behrendt 2003 p.88-89). Both hold the government accountable to the responsibilities towards the international community as well as to the legislation created

For Aboriginal Australians, the land has a special significance that is rarely understood by those of European descent. The land, or country, does not only sustain Aborigines in material ways, such as providing food and shelter, it also plays a major role in their spiritual lives. As Rose put it, "Land provides for my physical needs and spiritual needs." (1992, p.106). To use Rose 's own term, to Aboriginals the land is a 'nourishing terrain '. (1996, p.7).

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

From the first colony established for penal settlement in 1788 at Port Jackson, it all seemed to begin peacefully in the start. In reality, as the white settlers expands their territories with more colonies established, those movements destroyed not only the lives but also the trusts from the aborigines, unlike such as initially when Governor Arthur Phillip issued the Letters Patent establishing the colony of South Australia in 1836 with the confidence that “nothing should affect the rights of the natives in regard to their enjoyment or occupation of the land” . Over the past, Aborigines had their own complex social organisation, yet they had different language and customs in various tribes but have managed to live peacefully with one another. Still the British settlers saw the Aborigines as an inferior and a primitive group, simply because they have a lack of what they are used to, westernization. Such as a visible administration and therefore, they introduced the nation-state and complex political institutions along with the rise of new class, race, and gender concepts, which these are all parts of the preface towards modernity and civilisation.

In 1770, captain of the British navy James Cook voyaged to Australia's east coast, he was required to find the continent and named as part of the British. At that time the British urgently need to find a new place to house the convicts, Australia was sooth selected as the place for holding offender. Since then indigenous people became not the only owner of this land, British rob the land to do some farming and building the house here. Began in 1960, the government set up the natives law, some land back to the original belong to indigenous people. Later, as more free settlers were attracted to Australia and transportation was ceased in the mid-1800s, the nature of the colonies changed as Australia began to emerge as a modern. Australian Aborigines

For over 200 years Aborigines have endured a long history of suffering due to the unpropitious effects of internationalism and western colonization; in Europeans attempt for cultural assimilation and taking their land to which has caused catastrophic consequences within individuals and the community as a whole by