Wave Hill Dispute Case Study

the land they claim, it simply gives them the right to a say in the

Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.

During the Frontier period, Indigenous peoples resisted the non-Indigenous settlement of Australia, throughout 1770-1890. During approximately throughout the 1890’s to 1970’s, the non-Indigenous retaliations occurred, resulting in protection, segregation and the stolen generations. Which initiated an ongoing impact on Indigenous communities.

Their native land was taken from them, and this led to an increase in Aboriginal activism. Protest groups like the Aborigines' Progressive Association and the Freedom Rides were formed. It wasn’t until 1962 that the commonwealth electoral act that began in 1918 was amended so that all Indigenous Australian could vote, and only in 1965 were Aboriginals finally granted the entitlement to full wages. (Skwirk, 2007). This impacted them in many ways us they were denied equal right for so long. ‘I want a Little Fair Play if you will be so kind enough to see on my Behalf’ (http://www.abc.net.au/civics/democracy/struggle.htm, 2001). This was from one of the many letters by John Kickett to parliament in his fight for aboriginal rights.

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.

For the last 200 years Indigenous people have been victims of discrimination, prejudice and disadvantage. Poor education, poor living conditions and general poverty are still overwhelming issues for a large percentage of our people and we remain ‘as a group, the most poverty stricken sector of the working class’ in Australia (Cuthoys 1983).

On August the 16th, 1975, Gough Whitlam, the Prime Minister at the time, organised a ceremony so that he could give the land back to the Gurindji people. At the ceremony, Whitlam grabbed some soil from the ground and said “Vincent Lingiari, I solemnly hand to you these deeds as proof, in Australian law, that these lands belong to the Gurindji people and I put into your hands part of the earth itself as a sign that this land will be the possession of you and your children forever.” And although the land had been given back, the name was not open to change until 1986, 2 years before Lingiari’s death.

The Mabo decision was a significant event for the civil right of Aboriginal and Torres Strait Islander people. Discuss.

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

It involved the High Court considering the application of Australian law to the rights of Indigenous Australians, in particular regarding the legal concepts of terra nullius and native title

The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title ruling of the Aboriginal people’s land rights after the High Court passed the Act in 1993; in addition, due to this alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other groups of Aboriginal people’s land rights reform.

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

Case by case indigenous Australians begin to gain access to the land that was taken from them.

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