This website uses cookies to ensure you have the best experience. Learn more

Aboriginal Land Rights Within Australia Essay

1853 words - 7 pages

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.

An issue facing society is whether legislation in place is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners who will be affected by the Native Title Act 1993 (Cth). To determine whether legislation is sufficient and fair, an investigation into the current societal view point needed to be considered by legislators. These legislators needed to evaluate the ways in which other societies had catered to the needs of indigenous land owners. Through consideration of these points, recommendations and changes to legislation need to be debated and enacted to ensure more equitable legislation on land rights within Australia

Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus of legislation in the past was governed by two laws, laws for the indigenous Australians and laws for the British, subsequent government recognised the inflammatory nature of these prejudicial laws recognising that changes had to be made. Case by case indigenous Australians begin to gain access to the land that was taken from them.

Contentious debate continues to rage in present society opening a floodgate of ethical issues which can have detrimental effects on all parties involved. Ethics vary from each individual and tend to stem from their own belief systems external to that person (Dosen, Harris, Brock, Imariso and Smith 2007:336). These ethics give rise to conflicting arguments in present society. 50 years ago, Indigenous Australians were not entitled to enter a bar, cafe, swimming pool, or a cinema, if that deprivation of basic rights wasn’t enough; they then took children from their mothers later on known as the ‘stolen generation’ (www.creativespirits.2008). The stolen generation, estimated at over 100,000 children were taken from their homes and placed in missions, reserves or dormitories (www.creativespirits.2008). “I feel our childhood has been taken away from us and it has left a big hole in our lives” an Indigenous Australian part...

Find Another Essay On Aboriginal Land Rights within Australia

The Aboriginal Experience – Struggles For Rights And Freedom

1070 words - 4 pages The Aboriginal Experience - Struggles For Rights And Freedom"Throughout the second half of the twentieth century many Aboriginal people have experienced struggles for rights and freedoms." The struggle for Aboriginal and Islander Land Rights is the longest-running political conflict in Australia's history. The issue of Aboriginal land rights in Australia has existed for over 200 years, and the process still has some way to go. Why is land so

Society & Culture How do identity, the effects of discrimination and degrees of equality affect Aboriginal Australian's in Australian society?

1060 words - 4 pages Australia policy. Consider the history of the treatment of Aboriginals. Children were taken from their parents, many Aboriginals were massacred and "round ups" of Aboriginals divided them from their land. Combined with exposure to European disease, the aboriginal population was decimated. This leads to conflict between Aboriginals and non-Aboriginal Australians.Aboriginals became the minority group with a low social class in Australian society hence

The impact of the changing government policies towards Aboriginal people overtime.

976 words - 4 pages Ever since British fleets first landed on Australia, the Aborigines were faced with a problem Ever since British fleets first landed on Australia, the Aborigines were faced with a problem. The new settlers did not recognise them as owners of the land as they did not develop it, but had instead roamed amongst it. The Aborigines had faced discrimination, oppression and violence. After federation, however, their rights and freedoms began

Aboriginal Customary Law

1120 words - 4 pages acceptance of the idea that Aboriginies have the ?right? to retain their racial identity and traditional lifestyle. This idea is made explicit in the Commission?s Terms of Reference. To assist in the exercise of this right, steps have begun to be taken by Australian legislatures to recognise Aboriginal traditions and the Aboriginal heritage in a variety of ways. These have included: ? The conferral in some areas of land rights based in part on

Aboriginal Activism

890 words - 4 pages time of settlement up until early this century, large numbers of aboriginal men, women and children were killed in random killings and massacres.The years 1938 to 1972 saw numerous changes within the Australian society which led to a softening of many government policies. This period marked the beginning of many aboriginal protests against inequality, injustice, dispossession of land and protective policies.On Australia Day, 1938, an official day

Australian Government Policy

3678 words - 15 pages policies that affected them and the opportunities available to them. Aboriginal institutes and organizations were introduced. The Department of Aboriginal Affairs was developed. The National Aboriginal Consultative Council began and was elected by Aborigines. Multiculturalism was praised. Everyone could keep and develop their own culture. Australia looked to the Aborigines to enrich their culture. The land rights policy was also beginning. There

Aboriginal injustices and breif history recap

610 words - 2 pages land from a pest. Under Whitlam certain land rights in the Northern Territory were granted. In 1992 the High Court finally discovered the existence of native title in the common law. In one of the most important remarks of recent Australian history two of the High Court judges, Deane and Gaudron, called the dispossession of the Aborigines a matter, in Australia, of unutterable shame. In the following year, at Redfern, the Prime Minister, Paul

Social And Political Issues In The 1970s

2596 words - 10 pages lawns of Parliament House in Canberra. Australia?s indigenous peoples united in their support for the Aboriginal Tent Embassy and the land rights issue it sought to publicise.The government ordered the police to dismantle the embassy but protestors put it back up again. It remained outside Parliament House for six months and was for many indigenous peoples a great source of pride and inspired them to become involved in politics.The Aboriginal

Reconciliation Action Plan

1523 words - 7 pages constant struggle for control over their basic human rights, culture and land. The documentary depicts a need for understanding from both Aboriginal and non Aboriginal Australians to work together in combatting racism and assimilation that has not been addressed. It was a great way to see problems faced by Aboriginal people first hand. I got in touch with some friends over Facebook as asked them to watch the documentary and let me know how they felt

A Chronology of Treaty Negotiations in Canada with emphasis in British Columbia

1330 words - 5 pages Columbia becomes a province within the Canadian Confederation. British Columbia is the sixth province to join the Dominion of Canada. The Terms of Union between British Columbia and Canada states that the federal government will assume responsibility for Indians and British Columbia will retain authority over land and resources. Joseph Trutch is appointed as the province's first Lieutenant Governor (Ministry of Aboriginal Affairs).1876 - Indian Act is

The International Convention on the Prevention and Punishment of the Crime of Genocide

2525 words - 11 pages had been made which was that the acts authorised by the order fell within the definition of genocide, which demonstrated authorised acts to commit heinous acts against Aboriginal groups with intent to destroy in a whole. Given the statement made by Justice Dawson it only indicated that the Aboriginal Ordinance 1918 was a form of genocide, as it had the power to separate Aboriginal children from mothers, families and communities whilst not giving

Similar Essays

Aboriginal Land Rights Essay

1564 words - 6 pages 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

Land Rights In Australia Essay

1023 words - 5 pages This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is

The Importance The Majority Culture Place On The Values Of The Minority Culture Determines How That Culture Lives Within Society. Discuss Concerning Aboriginal Australia

3049 words - 12 pages culture was immersed in being close to the land and respecting nature."In Aboriginal culture, everything, including tools and food, was shared. So the Aboriginal people sometimes took the newcomers' belongings. This angered the Europeans" (Anne Barlett, The Aboriginal peoples of Australia, Pg14). In this quote, we get an insight as to how the Aborigines lived within a community. The quote shows that their culture was based on the values of sharing

Explain Your Understand Of What Aboriginal Australians Have Been Seeking In Their Struggle For Rights

1084 words - 5 pages . Since the 1967 referendum, aboriginal affairs were at the mercy of the political party running Australia at the time. William McMahon was the prime minister of Australia in 1972 and presented a speech on Australia day 1972 stating that there would be no land rights for Aboriginal people (Foley, G., & Anderson, T. 2006). Only hours after this speech the Aboriginal tent embassy was formed in protest by young aboriginal activists from NSW, QLD