QLD government passes the Declaratoy Act to retrosepectively extinguish native title on QLD’s costal islands.…
The 1992 Landmarks High Court case abolishing the doctrine of ‘Terra Nullius’; the foundation of Australia’s settlement paved way for the ‘Native Title Act 1993’. Following the 20 year commemoration of the Mabo decision, the 2012 telemovie ‘Mabo’ directed by Rachel Perkins was released. It depicts the life of Murray Islander man and activist Eddie Koiki Mabo and his family in his grueling fight for land rights. Pride comes before the fall – the ego of one stems destruction. Pride is a sense of satisfaction derived from one’s achievements. It is also a feeling of self-worth and dignity. Eddie is of Murray Island decent and this background stems a lot of pride. The Indigenous race have suffered from racist values of society and it is Eddie’s pride in his race that stems his battle for justice and equality.…
Mabo and others v State of Queensland (No.2 (1992) HCA 23, is arguably one of the most famous native title claims in Australian history. This case was the first in Australian history to successfully overturn Terra Nullius and essentially led to the creation of the Native Title Act 1993 (Cth) (‘The Act’). Terra nullius means land belonging to no one or land that has never been subject to sovereignty of any state and is a part of International Law. The majority of Indigenous People view terra nullius in a negative way, as this term had been used as a means for justifying invasion or takeovers of traditional land. The result of terra –nullius on ATSI (Aboriginal and Torres Straight Islanders) meant that they have suffered countless wrong doings and injustice towards them.…
On the back of the recent landslide referendum on the recognition of Aboriginal people in the national census, the Whitlam government greatly increased the social and political rights of first nation Australians. The government instituted a policy of ‘self-determination’ which decentralised decision making powers to indigenous communities. They allowed Aboriginals to claim land and brought more Indigenous voices into the policy making process. From the outset, Whitlam made Indigenous affairs a top priority for his government and indicated that justice had to be served in order for Australia to move forward as a country. The subsequent Fraser Government committed to continue these reforms. A powerful example Whitlam’s loyalty to this issue was in his remarks to an Aboriginal tribe where he declared Indigenous ownership of a Victorian river. Whitlam in his speech to the Gurindji people stated “these lands belong to the Gurindji people and I put into your hands this piece of the earth itself as a sign that we restore them to you and your children…
In 1788, nearly 1000 Europeans arrived to Australia. From this year, conflicts between Aboriginals and Europeans continued until 1860. Before colonization, indigenous people were struck down by diseases introduced by Europeans. Indigenous people had no immunity to new diseases, so the common cold, sexually transmitted disease and smallpox resulted in a rapid decline of their population. In 1856, the British government authorized the appointment of a “Protector of Aborigines” to settle problems such as people’s illness, language and occupation. In 1860, the Victorian government established the Aborigines Protection Board. In 1910, Australia government forcibly took more than 100 000 Aboriginal children from their families and placed in church or state based institutions. (Jupp,J 2001, p.9).…
Australia’s attitude towards the rights and freedoms of Aboriginals has changed drastically from 1920 to the present. It is evident that Australia has made a greater effort throughout the years, to bridge the gap between the rights and of Aboriginals and the rest of Australia. This has been improved by the implementation of different policies such as the Protection policy, Assimilation, Integration, Self Determination and Reconciliation.…
The Mabo Decision of 1992 was an historical triumph for the Indigenous Australian people as many protesters fought for equal rights and freedom. They were fighting for their land rights and they wanted to be recognised as people of Australia. This particular event was a huge turning point in Australian history as it was the first time and Indigenous Australian had challenged a decision and had taken the case to court and won. The Mabo Decision was a first and it inspired many people to stand up for their rights. This essay will illustrates the impact the Mabo decision had on Australian history, and the implications on the people of Australia.…
Since 1918, Aboriginal and Torres Strait Islanders (ATSI) have achieved a great deal of change in both political and social ways, though it was not without struggle. Many of these achievements are derived from several events, such as the Mabo Decision which was the long battle that lead to the recognition of Aboriginal land rights. Other events also contributed, such as the long process of reconciling the relationships between ATSI peoples and Australians, the Bringing Them Home Report which helped lead to the Apology. All of these events are important in Aboriginal culture as they all inspired change in the Australian community.…
When Australia was colonised, in 1788 Aboriginal and Torres Strait Islander people were already on the land, living with political and legal and social systems in a community. Aboriginal land was taken over by British colonists, saying the land belonged to no one, which is referred to as, “Terra Nullius”, but was then taken over by white people. In 1937, the Government held a conference on Aboriginal matters, which agreed that Aboriginal people should be introduced into the wider white population.…
The Aboriginals were a native civilization in Australia comparable to the Native Americans in North America. They were Australia’s stolen generation. These indigenous people were snapped off from their culture violently and unjustifiably. The…
The Australian Aborigines were the first people to live on the continent Australia, being here longer than the White Australians. During that time, the Aboriginal people made a special bond with the land and their kinship to their families. After the invasion of the Europeans settlers, laws were introduced to take away the land traditionally owned. Protectionism was one of the first policies meaning that Aborigines and the European settlers were separated and ‘protected’ for their own good. This was failing and that’s when assimilation was introduced which meant…
There are many effects of British colonisation on Indigenous Australians. One of the worst impacts was the loss of land. The land is the sole provider of food, medicine and other basic needs to Indigenous Australians. It is also the main part of their spiritual and cultural beliefs.…
Aboriginals have always had a strong link between them and the land with the belief of the Dreamtime and the art, symbols, rituals and totems that came with it. After the white settlement, the way in which aboriginals lived their everyday life took a dramatic turn. It had affected their culture for many generations with a disconnection with the land to them.…
The term Mabo refers to all issues relating to the Australian High Court judgement in the Mabo v. Queensland case. On the 3rd of June, 1992, after a decade long lawsuit, the High Court ruled that the land title of the Indigenous Aborigines and Torres Strait Islanders is recognised at common law. This Indigenous Peoples land title comes from the continuation within common law of their rights over land which pre dates the European colonisation of Australia. In the absence of an effective extinguishment by the crown, this title presents through heritage the original occupants right to possession of their traditional lands in accordance with their customs. The judgement has, at long last, rejected the "Terra Nullius” bringing Australia in line with remaining common law countries. Eddie Mabo had died of cancer in February 1992 so he was not alive to see the final ruling that would become so historic because it completely overruled the idea of Terra Nullius. Nobody could have predicted the changes it made on Australian land law.…
As times change, laws are forced to undergo change. This process is known as law reform and is done to suit today’s contemporary society. Australia has undergone various changes to its laws to suit society; however the effectiveness of such changes can be questionable. The issues revolving around native title and sexual assaults are still developing today in order to balance an individual’s rights and values.…