When the Europeans first arrived in Australia, Indigenous Australians lost all their land rights. This was mainly due to the Europeans claiming that Australia was Terra nullius. Terra Nullius was a international law stating that if territory was not owned, it was to be given to the first nation to discover it and entitled to take over. The Europeans did not recognise the Aboriginals and Torres Strait islander people as the traditional owners of Australia and therefore took all there land rights. The indigenous people were then constricted by the terra nullius rule from 1788 to 1991.
In 1972 the Prime Minister at the time Gough Whitlam began to make laws such as the Racial Discrimination Act 1975 for Indigenous Australians. It introduced the policy of self-determination which significantly increased funding for Aboriginal affairs and created a commission to investigate land
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Eddie Mabo was a Torres Strait Islander who believed Australian laws and land ownership were wrong and fought to change them. On 20 May 1982, Eddie Mabo, Sam Passi, David Passi, Celuia Mapo Salee and James Rice began their legal claim for ownership of their lands against the Queensland Government. In 1985, while the Mabo case was proceeding, the Queensland Government tried to avoid the issue of whether rights of Indigenous peoples survived colonisation. Due to this the leader of the Queensland Government Joh Bjelke-Petersen decided to introduce the Queensland Coast Islands Declaratory Act 1985. This Act had claimed to extinguish any rights and interests that the Meriam people may have had before its enactment. However in 1998, the High Court decided by a majority that the Queensland Declatory Act was inconsistent with the Racial Discrimination Act and therefore was
The policy of protection meant that Aboriginals must live where the white settlers tell them to which took the freedom of movement away. - Their relationship and empathy with the land had been damaged. Everything in the Aboriginal life became meaningless. - The aim to take the Aborignal’s land away was to destroy their religion and spiritual links.
In the 1971 Gove land rights case, Justice Blackburn ruled that Australia was terra nullius prior European settlement. This judgement was challenged for a total of 3 years but all attempts failed. However, on the 20th May 1982, Eddie Koiki Mabo and 4 other Indigenous people began their legal claim for ownership of their traditional lands on the island of Mer in the Torres Strait. The case was later taken to supreme court and after ten years, the case was closed and the government granted the indigenous people of australia their rightful land. Before this, Eddie had been helping his community from a young age.
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
If I don’t fight for it, then I will be moved out and I will be the loss of my identity.” Mabo stated that “terra nullius” had never legally existed and that it had been wrongfully applied to Australia. Although, the lost the case, the Mabo case was taken up to high court and as a result eighteenth months later, in response to the Mabo decision Federal Parliament passed the Native Title Act (1933). One of the High Court judges involved in the Mabo case, Justice Brennan, described native title as; “Indigenous inhabitants' interests and rights in land, whether communal groups or individuals, under their traditional laws and customs”. Thus, the Native title act was established as a result of the Mabo
Eddie Mabo and the Mabo Decision As campaigns for improved human rights were gathering momentum across all of Australia (and indeed the globe) in the 1980s, five Torres Strait Islanders (Eddie Koiki Mabo, Sam Passi, Reverend Dave Passi, James Rice and Celuia Mapo Salee) began a long campaign for ‘Native Title’, forever changing the country’s views on Indigenous Australians and the impact of settlement. The notion of land rights was often misunderstood by Australian people who believed they would have their suburban lands taken off them. This meant non-Indigenous support for native title was rare. However, Mabo real aim was to receive legal recognition of their traditional lands in the Torres Strait – area that because of terra nullius was
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
After the Holt government announced on February 23 1967, a referendum to amend sections 51 and 127 of the constitution, the Federal Council for the Advancement of Aboriginals and Torres Strait Islanders used pamphlets and posters to campaign for a Yes vote. The ‘Right Wrongs, Write Yes’ poster in particular was a key factor in its appeal to a sense of justice in white Australians to vote yes, specifically in its use of appealing indigenous children (NMA,
We are gathered here today, in loving memory of the greatest prime minister to ever grace Australian soil. Gough Whitlam broke a 23-year-old dry spell for the labour party and although his term in office was a mere three years, in that three years he did more than any other prime minister ever has and truly began to shape the Australia we live in today. From humble beginnings, to fighting for Australia, Whitlam was a man of great courage and will and for that his legacy will transpire long past his time. FIRST BODY PARA: ‘Terra Nullius’ the two words that initiated white superiority in Australia for over 100 years. Gough Whitlam was the first Australian prime minister to accept instead of oppress and put an end to a previously idealistic
The 1970s was a decade of change for Australia. Many issues were talked about including immigration, war, sexual morality, the role of women and the environment. Gough Whitlam had a huge role on shaping Australia and made some amazing changes. Whitlam was Australia’s prime minister from 1972 to 1975. During his time as prime minister he changed rights involving women’s equal pay and maternity leave as well as removing Australian troops from the Vietnam war, introducing free university education and lowered the voting age.
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.
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
In 1996 he left office before the report was completed. The 25th prime minister in Australia as being John Howard was aware of the issue, he received the ‘Bringing Them Home’ report and yet rejected it. The Bringing Them Home Report had many Inquiries that set demands for the rights of Indigenous Australians, the effects of this history on peoples’ lives and Indigenous communities varied in many areas. The Inquiries showed that there were a number of common effects that varied through the Aboriginals and Torres Strait Islanders, many were left with mental and physical health problems, delinquency and behavioural problems, undermined parenting skills, loss of cultural heritage, broken families and communities and racism. It was a time for Caucasians to keep in mind that the removal policies effected generations of Indigenous people, even children who were not removed have been affected in someway, either as a community member or a child of a parent who was removed.
Between 1919-1929 it was thought that the Kaurna tribe was extinct. In 1962 legislative control of South Australia’s indigenous community was abolished. In 1967 90% of Australians voted to remove clauses in the constitution that discriminated against the indigenous community which included the right to vote, citizenship, equal wages, benefits and land rights.
In this article by Smith, there is an image that represents Australia things like generation y, tracks, flag icon of Australia, union jack, outback Australia, white young Australians, holding the Australian flag (settling) and smiling. Smith further argues that indigenous people survived and managed the land well; consequently modern Australia should try and get indigenous people to get them to feel like they belong in our country Australia. The sense of nurture is included in this article by smith when he uses the words fragile, nurtured and carefully managing. The effect of the article by Smith when the reader reads the article it makes them feel that the land belongs to no one when smith argued the words “terra Nullius.”
This was one of the first acts to be passed by the new parliament and was extremely explicit. The overall aim of this and other related legislation was to limit non-white immigration to Australia, particularly Asian immigration, and thereby preserve the predominance of the British within Australia. The abolition of the policy took place over a period of 25 years. In 1956 residents of Australia who were not of European background were allowed to apply for citizenship, and Japanese war brides were permitted settlement in Australia. During 1940’s and 1950’s, the Australian population was predominantly made of British and other European ethnic communities.