Why Was The Mabo Decision Important
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Firstly, the Mabo Decision was significant because the decision was the lead up to the recognition of Aboriginal Rights. The Mabo Decision was the movement that made everyone fully recognise the Aboriginal people as humans, and official citizens of the country. The Decision also raised awareness to the discrimination the Aboriginal people were facing before the referendum. They were counted in the census and the right to vote was given to the Indigenous was given to them by the Commonwealth in 1962 and by all States in 1965. Queensland was the last state to grant Abroginial people these rights.
Secondly, the Mabo Decision was important
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Throughout the case, they produced 4000 pages of evidence, which included proof that the eight clans of Murray Island have occupied defined territories for hundreds of years. Their poof and testimonies evidently were enough to persuade the high court which .. in their favour, something that wasn’t expected due to the long time period of the case. It seemed as if this would never happen but eventually, and slowly but surely they managed to win the case not just for themselves but for the population of Indigenous Australians around the country. This is a turning point for the indigenous population, they are edging their way closer to equality to live in a world with no racism or discrimination towards
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The Mabo Decision was a turning point for the recognition of the rights of Aboriginal and Torres Strait Islanders. From recognising ownership of traditional lands to raising awareness of racial discrimination, it affected the Indigenous Australian society in various ways. Firstly, the Mabo Decision was significant because it acknowledged the ownership of traditional lands by abolishing “terra nullius”, meaning that the land is empty and owned by no one. Previously, the British denied the Indigenous Australians' connection and ownership of the land by declaring that Australia was "terra nullius". However, on the 3rd of June, 1992, the High Court decided that the Merriam people were "entitled as against the whole word to possession, occupation
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The Mabo decision of the high court in 1992 is vastly significant as it marks history as the victory of indigenous Australian land rights against the federal government, who had colonised their land and refused to acknowledge that Australia was originally owned by the ATSI people but became a terra nullius land due to the European colonists. The events that have occurred before 1992 such as the The Aboriginal Land Rights Act (NT) of 1976 and the bark petition is deemed less significant than the Mabo decision. I firmly believe that the Mabo case is an extraordinary achievement. it started in 1982 when Eddie Mabo brought up a case against the supreme court of Queensland that Indigenous Australians should have land rights. After almost a whole
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However, Aboriginals, Torres Strait Islanders and non-immigrants that moved to Australia still weren't given the right to vote by the law being seen as threats or degenerates. Australia was one of the first countries in the world to allow all women to vote on a political level, giving them a foundation on basic rights. This act further went on and was called upon by other countries to contribute to the end of women's suffrage. Now in the modern day Australia is considered to be one of the most fair and equitable societies in the world allowing all Australian citizens over the age of 18 eligible to
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On 3 June 1992 the High Court of Australia handed down its decision in Mabo vs The State of Queensland, ruling that the treatment of the Indigenous property rights based on the principle of terra nullius was wrong and racist towards the Aboriginals. The court ruled that indigenous ownership of land has survived where it has not been extinguished by a valid act of government and where Aboriginal people have maintained traditional law and links with the land. This legal recognition of Indigenous ownership called Native Title. The court ruled that in each case native title must be determined by reference to the traditions and customary law of Indigenous owners of the land.
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The 1967 Referendum marked a momentous victory for the indigenous people of Australia and their bid for civil rights. This digital exhibition explores the causes and effects of the referendum. Images and documents in the causes gallery focus on the factors that led to the referendum whilst the effects gallery centres on its consequences. Causes The sources exhibited in the Causes gallery range from strategies, to key figures to provide a detailed picture of the factors that led to the 1967 Referendum.
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They had their own traditional laws and customs and held a very strong and deep-rooted connection to their land. The British policy of the land being terra nullius, or “nobody’s land”, infringed the rights and customs of the Aboriginal and Torres Strait Islander people. The concept of terra nullius robbed the Indigenous population of their right to have possession of their traditional and revered land. Mabo firmly believed it was not the white government’s responsibility to deny rights to traditional Indigenous land.
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The 1992 Mabo High Court case represents one of the most profound cases in Australian history leading to the turning point of Reconciliation for Aboriginals and Torres Strait Islanders. As a result of this decision, it changed the legislation of the indigenous Australians introducing land rights and impacted the indigenous Australians society rights and freedom as a more desirable outcome in the movement towards Reconciliation. The 1992 Mabo court case was a pivotal turning point in the progressive Reconciliation in Australia. It paved the pathway for Indigenous land rights and confronted the state of Queensland and Australian commonwealth to regain their freedom and equality.
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This was all through the persistency of the protesting and riots. It as was stated by the Australian government “The Aboriginal Land Rights Act. The Aboriginal Land Rights (Northern Territory) Act 1976 was the first attempt by an Australian government to legally recognize the Aboriginal system of land ownership and put into law the concept of inalienable freehold title. The Land Rights Act is a fundamental piece of social reform.” (History Of Land Rights Acts , n.d.)
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Throughout history, many events, objects and people defined change and continuity on Australian culture, particularly since the end of World War 2. In a time of heavy racism towards the Indigenous people of the land, Australians had created a deep and isolated relationship with Aboriginals. In 1996, a defining moment helped shape and change Australia’s popular culture for the better. At the 1996 Olympic Games located in Atlanta, Nova Peris was the first Aboriginal Australian to win a gold medal at this prestigious event. Not only was this an inspirational event, but it clearly showed a newfound respect and recognition towards the Aboriginals, and a continuity in the progress of breaking down the barriers racial prejudice have built between
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Critically analyse the impact of Civil Rights activists in the struggle for Aboriginal and Torres Strait Islander People’s freedoms in the period 1945-present. Shirley Colleen Smith Shirley Colleen Smith had a broad, substantially positive impact on the struggle for Aboriginal and Torres Strait Islander People’s freedoms and rights. Her activism and grapple for First Nations freedoms include her advocation for land rights.
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'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at
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His activism and leadership in the land rights movement helped to bring about important changes in Australian law and society, and his legacy continues to inspire Indigenous people around the world. One of Mabo's most significant contributions was his role in the landmark Mabo v Queensland case, which was decided by the High Court of Australia in 1992. This case overturned the legalism of terra nullius, which had been used to justify the dispossession of Indigenous peoples' lands by European colonizers. The court recognized that Indigenous peoples had a pre-existing system of land ownership and that this system had not been extinguished by British colonization. This decision paved the way for the recognition of Indigenous land rights in Australia and helped to establish a legal framework for the negotiation of land rights agreements between Indigenous peoples and the Australian government.
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The 1967 Australian Referendum was an imperative event which was extremely significant to Australia and the nation’s outcome. It was an event which marked a big leap in embracing the previous inferior Indigenous Australians to be viewed at as more socially and legally accepted in the Australian society. The 1967 Referendum historically was, and still is a triumph in human spirit that continually inspires modern generations consisting of non-indigenous and indigenous individuals. The 1967 Referendum impacted Australia through various factors of the referendum, the significance it had and still has towards our nation and the change it inflicted on Australia.
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Today Australia prides itself on being a place of fairness and equity for all its citizens. But the Australian Constitution still does not recognise Aboriginal and Torres Strait Islander Australians as the first people of this land. Importantly, we now know that Aboriginal and Torres Strait Islander people and their cultures form part of the longest culture on Earth and evidence of their presence in Australia is now dated back over 60,000 years. It is only right that modern Australia should recognise and acknowledge Aboriginal and Torres Strait Islander people and culture - past and present - in our Constitution to record their valued place as part of this country and our national identity. Most of the states - Victoria, Queensland, New South Wales and South Australia have already amended their Constitutions to formally recognise Aboriginal and/or Torres Strait Islander Australians as the first people and nations of their jurisdictions.
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