Impact Of Law On Aboriginal Rights
Indigenous Australians have long fought for equality and rights in their land. Isolated from the rest of the world, Aboriginal’s were not as advance or ‘evolved’ as the European settlers invading their land. Their inability to physically fight or intimidate the invaders made them vulnurable and have displaced their customary laws laid down by their ancestral beings.
The Constitution wield the most protection of right for Australians. The Constitution was drafted and adopted by a narrow cross-section of Australian society, whose thinking reflected the dominant social and political aspirations of the day. With those circumstances the Aborigines did not take part in the drafting of the Constitution and their tradition, law and identity as the …show more content…
Thus, controls over all matters relating to Indigenous Australian remained in the hands of the State governments (excluding the Northern Territory). It allowed great government control over the lives of Aboriginal, many of which their basic human rights were denied. Their freedom of movement and labour, custody of their children and control over their personal property.
- Section 127 provided: ‘ In reckoning the numbers of the people of the commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.’ The Bureau of Census and Statistic interepreted section 127 as meaning it could include ‘aboriginal natives’ in the count , but they were to be excluded from published census.
Between the 1900 and the 1960’s there was some reform for Aboriginal citizenship rights, in 1949 the Commonwealth granted voting rights to Aboriginal who have served in the military. The 1960’s was the peak for Aboriginal rights and equality movements, significantly motivated and influenced by the U.S Civil rights movement. The Civil Rights Movement encouraged Aboriginals to fight for equality as they would no longer tolerate the discrimination and imposed place within the society. In 1962, the Commonwealth Electoral Act was amended so that all Aboriginal were able to vote, gaining one fundemental political right for
The Constitution wield the most protection of right for Australians. The Constitution was drafted and adopted by a narrow cross-section of Australian society, whose thinking reflected the dominant social and political aspirations of the day. With those circumstances the Aborigines did not take part in the drafting of the Constitution and their tradition, law and identity as the …show more content…
Thus, controls over all matters relating to Indigenous Australian remained in the hands of the State governments (excluding the Northern Territory). It allowed great government control over the lives of Aboriginal, many of which their basic human rights were denied. Their freedom of movement and labour, custody of their children and control over their personal property.
- Section 127 provided: ‘ In reckoning the numbers of the people of the commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.’ The Bureau of Census and Statistic interepreted section 127 as meaning it could include ‘aboriginal natives’ in the count , but they were to be excluded from published census.
Between the 1900 and the 1960’s there was some reform for Aboriginal citizenship rights, in 1949 the Commonwealth granted voting rights to Aboriginal who have served in the military. The 1960’s was the peak for Aboriginal rights and equality movements, significantly motivated and influenced by the U.S Civil rights movement. The Civil Rights Movement encouraged Aboriginals to fight for equality as they would no longer tolerate the discrimination and imposed place within the society. In 1962, the Commonwealth Electoral Act was amended so that all Aboriginal were able to vote, gaining one fundemental political right for