Introduction:
The Aboriginal Land Rights (Northern Territory) Act in 1976 established a basic on which to build upon for Aboriginal peoples, for the first time, they have the to right to claim land based on their traditional culture. The Aboriginal Land Rights (Northern Territory) Act was the first attempt by any Australian Government to legalize the Aboriginal systems and land ownership. This Act allowed for Aboriginal peoples to practice their traditional ways, which had not been allowed since the white settlers had come to Australia and taken away that right over 200 years ago. The land that is granted to the Aboriginal people cannot be bought, acquired, mortgaged or ‘compulsory acquired’ by the government.
Continuity:
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the land they claim, it simply gives them the right to a say in the
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.
Good morning ladies and gentlemen, I am here to discuss the effects that Neville Bonner had on the land rights and freedoms of aboriginal Australians. Australia has a history of discrimination. This is proven by the amount of effort it took to change the rights of indigenous Australians. One of the most effective aboriginal Australian’s was Neville Bonner, who I will speak about today. Neville Bonner had a significant impact on the rights and freedoms of indigenous peoples due to his involvement in parliament and his determination to live freely as an aboriginal. We will discuss throughout the speech Neville’s background and childhood, the changes he made to the rights of aboriginal peoples and who they impacted, as well as why he decided to make a difference to the lives of aborigines.
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.
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
Title Amendment Act (1998), which saw changes to The Native Title Act after a push by the
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
On June 3rd 1992 The Mabo decision changed lives of Aboriginals all around Australia. It was the first time that Aboriginals where acknowledged as the traditional owners of the land, and their customs and traditions recognised. It also made improvement between the relationship of Aboriginals and Non-aboriginal people. The Mabo decision also led to the declaration of the Native Title Act in 1993. The Native Title Act is the recognition of Aboriginal’s having rights and interests in certain land because of their tradition laws and customs.
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.
Each example given has also shown how self-determination was and continues to be a major struggle for Aboriginal people. Beginning with the Whitlam government, the Land Rights Act was going to be the national recognition that Aboriginal people had been waiting for, however the swift dismissal of the government and subsequent changes to the bill meant that an uninformed government would dictate claims of Aboriginal land rights. This was continued in the Heritage Protection Act for Western Australia in which no monitoring of abuses of power within the authoritative ministry was assessed; hence damage to heritage sites for the development of industries occurred. Finally the Racial Discrimination Act although making racial discrimination illegal has clearly been violated by the government in the Northern Territory interventions and hence is not valued by Australia despite the international commitments made to recognising Indigenous rights. Although legislation has been introduced to recognise Indigenous rights, there seems to always be a catch. A final reoccurring theme in the legislation discussed is the uninformed views of the non-Indigenous government as decisions are made on behalf of Aboriginal people; hence two major statements were discussed that precisely define Aboriginal self-determination by Aboriginal
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
Many people have tried to close the gap between indigenous and non-indigenous people in many different and inspirational ways. Eddie Mabo was a moving man that, from his works has changed the lives of many aboriginal/indigenous people today. I believe that Eddie Mabo has influenced modern society with his beliefs and values of the Indigenous people and their rights. Eddie Mabo fought for the rights of the people of Mer Island, so they would not lose their home, memories and life.
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
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.”