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Human rights and aboriginal people on settlement of australia
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Terra nullius analysis
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The pivotal case of Mabo v Queensland [No.2] constitutes a significant shift in Australian law, authorising a new version of history that recognises Indigenous land rights and uses historical evidence to justify legal decisions. Utilising law and history reshaped legal history and redefined legal doctrines, notably with Indigenous land rights and how it overturned the doctrine of terra nullius. The 'Mabo' case, decided in 1992 by the High Court of Australia, challenged this doctrine by affirming Indigenous land rights, specifically on Eddie Mabo's claim to Murray Island. The essay ventures into the breakdown of the case decision. Looking at how it utilised historical evidence, its connection to legal precedent and sovereignty, and its reshaping
In Australia the Europeans took over all the land that the Aboriginals had owned for over 40,000 years. They had lost their livelihood, living in dumps and small humpies, no where near a safe or healthy environment. The indigenous people were treated very inhumanely; being told where they can go, where they can’t go and who they can have relationships with. Of course they grew extremely angry and something drastic needed to
This paper will give an overview of the act and how it impacted the Indigenous community into becoming
Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage. Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1] Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law.
One of the most significant events in Aboriginal peoples struggle for rights in Australia was the Mabo decision in 1992. This event took away the myth of terra nullius from Australian law and would recognise rights that Aboriginal and Torres Strait Islander peoples have to the land and waters according to tradition. Thus, creating way for the legal recognition of native land titles (Loos & Mabo, 2013). This essay will explain the impact of the Mabo decision, what events led to this event and what impact this has on Australian people today.
Prior to the European settlement of Australia (1788), indigenous Australians inhabited the continent and had recognised laws within their clans. However, as documented in the case of the Yirrkala community, due to the notorious laws being unwritten, the doctrine of terra nullius enabled the European power to claim the discovered land as part of its empire despite their being evident inhabitants. The British adapted the international law concept of terra nullius to govern the situation in “settled” colonies, which is how the law regarded Australia. The first test of terra nullius in Australia occurred with the decision of R v Tommy 1827, which indicated that the native inhabitants were only subject to English law where the incident concerned
The Great Land Rush and the making of the Modern world, 1690-1900, written by John C. Weaver, discusses the distribution of land, its changing process, and the introduction of property rights in a market economy throughout various parts of the world – North America, South Africa New Zealand, and Australia among others. This essay will discuss the definition of property right, how it was implemented by the settlers onto new territories and the development there after. Through the analysis of Weavers dissertations, the essay will also draw similarities and difference of the way various colonial government treated indigenous people and other settlers; along with how settlers treated aboriginals and one another. The book takes into consideration how the Neo-Europeans gained and distributed land that they discovered.5 The process of how a land comes into ownership and the legislation around it is called property rights.5 Property rights where developed after it was realized that Neo-Europeans where excessively violent with natives over their land.5 Europeans would discover new lands and would use their native beliefs, and legislation as a tactic to gain control of the niche.5 this would harm the native people of that land as these practices of land taking where violent between settlers and natives.5 The settlers used property rights within their own people but had aggressive beliefs with the natives that resulted in gruesome wars between the two parties for the land.
(Leslie, 2012) When the Tent Embassy was first erected, the indigenous peoples of Australia agitated in the Yolngu statement for “Title to [their] land, a direct share of all royalties paid by Nabalco,
Aboriginality in the 1900s was widely viewed as a socially primitive culture, whose behaviour was considered barbaric and therefore did not fit in with the values of ‘white Australia’ and ideals of the West about civility (Van Krieken 2000:247; Australian Human Rights Commission 1997). This resulted in the introduction of the NSW Aborigines Protection Board 1883 and the Aboriginal Protection Amending Act 1915 (NSW) that meant Australian government authorities had full control to attain legal guardianship of all Indigenous and half-caste children, to be ‘merged’ into the non-Indigenous population (Australian Human Rights Commission And Equal Opportunity Commission 1997). Conceptions by the State and church about civilisation warranted the intervention
Dr Mark McKenna believes that by Australia being detached from the British monarch the aboriginal people will be able to regain being the traditional custodians
This documentary made me feel disgusted with humankind. A poor 20-year-old woman was taken away and automatically was displayed for The Hottentot Venus. What was I confused is how she was taken away? I probably missed it but I was confused.
How would you bridge the gap? Create coalition between senior partners and junior employees The current structure at Terra Nova does not really encourage a good collaboration between senior partners and young members of the firm. In order to foster a better relationship that focuses on collaboration, sharing knowledge and support, I would create a coalition between senior partners and juniors. This coalition could be in the form of an associate program.
As a result of colonialism the cultural identity of Aboriginal people has been damaged and has left them with little to no foundation. Colonialism is explained by Alfred (2009), as a theoretical framework consisting of institutions and policies regarding the relationship between European settlers and Indigenous peoples (pp. 45). The impact of colonialism has caused destruction to the livelihood of Aboriginal people. Colonialism implicates exploitation of land, dependency, contamination of culture, and eradication of rights (Alfred, 2009). The restructuring of Aboriginal civilization has undoubtedly stripped their identity, and has left this population questioning who they are, and where they belong.
The impact of the white settlers changed indigenous lives, and the lives of future generations. Colonists were set to believe that Australian land ‘belonged to nobody.’ This reference is referred to as Terra Nullius and was declared by Lt James Cook in 1770 (Twain, 2018).
The marginalization of Australian Aboriginal people was first illustrated when they were not recognized in the census only to exclude them from bureaucrat population figures, as stated in the Constitution (Scheele, 2010). The aboriginal people were confiscated from their homelands and relocated in compounds or townships that disrupted cultural roots, traumatized several generations, and mixed incompatible clans. Once Aboriginal people were migrated, systematized discrimination ensured they were barred from the schools, public facilities and residential areas utilized by the non-Indigenous people (Malcolm, Alexandra, & Michael,
