Aboriginal Rights Of Aboriginal People

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.

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.

After many years of European settlement in Australia, many Aboriginal people had been removed from their families and placed into schools with white Australians. This was due to the ‘protection policy’ laws that encouraged the removal of Indigenous children. Because fewer indigenous children were able to learn about their own culture, there was a slow decline in the culture of the indigenous people. As a result of this, there were continued tensions between the free settlers and Indigenous people as they had no roles in the government and couldn’t vote. This made them feel as if they were excluded from greater society and had long term negative impacts upon their sense of belonging to the new

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

Archaeologists believe that aboriginals first came to Australia about 45, 000 years ago and were the only population of humans in Australia until the British invasion. There are about 500 different aboriginal groups each with their own language and territory and usually made up of several separate clans. The aboriginals of Australia are marginalised in today society. This marginalisation began right back during the British invasion where they were evicted from their own country, the stolen generation occurred and their health care, education, employment and housing was severely limited. Aboriginals generally live in poor conditions and choose unhealthy lifestyle choices

When European colonists settled in Australia they treated the Aboriginal people extremely different to that of their fellow white men. The Aboriginals were not seen as first class citizens through the European eye and as a result were victims of extreme oppressions and had nearly no rights or freedoms. Since then Aboriginal people have fought to be treated equally to the white men through various different ways. I will discuss the previous struggles faced by the Aboriginals, the Australian strife for equality and finally the level of success and degree of rights and freedoms given to Aboriginals in modern Australia.

This report will cover the history of the Aboriginal Voting rights in Australia. The Aboriginals did not gain the right to federal voting at least 150 years after the British colonized in Australia. All citizens of a nation deserve equal rights.

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

This article gives the reader an inequitable view of Indigenous Australians, defending Tony Abbot’s point of view and the audience is encouraged to agree with mainstream media in regards to whether or not Tony Abbott is racist. Article B from the Koori Mail condemns Tony Abbott’s viewpoint as not only racist but he is insulting the very culture that he is representing. Article B states that Tony Abbott does not understand Indigenous culture and how important land is to them “Connection to country is everything to Aboriginal people – defines Aboriginal people and sustains us in a cultural and spiritual sense and can play a vital role in building economic independence, self-determination and healing” (Greg Cromelin, Article B). With Article B the audience is encouraged to get angry at Tony Abbott’s comments and make him out to be racist.

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

Reconciliation is the process of building respectful relationships between Aboriginal and Torres Strait Islanders and the wider Australian community. It is about understanding and respecting their culture and heritage and signifies ‘coming together’ to become one nation without racism and with equality for all. There are still vast differences in health, education, employment, and standards of living of the Indigenous peoples as compared to their non-Indigenous counterparts. Even today Indigenous peoples have a significantly lower life expectancy, up to 11.5 years for men and 9.7 years for women . The infant mortality rate for the Indigenous peoples is double the rate for non-Aboriginal Australians. Understanding these inequalities is the first step to reconciling the differences. Policies such as the stolen generation and assimilation policy destroyed Indigenous identity and culture and justified the dispossession of Indigenous people and the removal of Indigenous children from their parents. We can’t change the past but we can make a better future by understanding and learning from the mistakes of the past, reconciliation is about that. Many practical and symbolic strategies have been implemented over the last 50 years to achieve reconciliation such as ATSIC, Northern Territory Intervention and the Mabo decision. However, the most significant ones are the 1967 Referendum, Closing the Gap framework in 2008 and the ‘Sorry speech’. The aim is to improve the five dimensions of reconciliation: race relations, equality and equity, institutional integrity, unity, and historical acceptance.

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.”