The legal fiction upon which Australia was founded refers to the British doctrine, “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded, even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the widely known Mabo Case. In May 1982, Eddie Mabo and four other plaintiffs of the Murray Islands pursued confirmation of their traditional land rights in the High Court of Australia. Their claim had been that Murray Island (Mer) had been previously inhabited and had been possessed by the Meriam people with their own social and political organisations. After 10 years and the death of Mabo, on June 3 1992, the High Court ruled that the lands of Australia were not terra nullius when European settlement occurred and the Meriam people were entitled to the lands of Murray Island. Then in December 1993, the Native Title Act was produced as part of the Commonwealth’s response to the High Court’s decision to protect the native lands of Aboriginals. The legal fiction has therefore had a major impact on Australia’s legal history with the introduction of the Native Title Act where the Aboriginal and Torres Strait Islanders were compensated for the dispossession of their lands.…
In 1778 captain James Cook discovered Australia claiming ‘Terra Nullius’ meaning land belonging to no one, since then Aboriginal Australians the original inhabitants of the land have struggled for land and social rights as well as the freedom from persecution and the capability to be educated. Redfern Jarjum College has opened its doors to 24 Aboriginal children who were unable to thrive in the mainstream education system with a program specially designed to accommodate their unique cultural needs.…
Terra Nullius, was how Cook described Australia and how it was officially viewed until the last 20 or 30 years of Australia’s history. In 1788 the First Fleet arrived, after this, the British took over all of the land in sight without any thought to its original ownership. They forbade the fact that there were Aboriginals in Australia and they declared it empty. Legally this meant that no one lived on the land and because of that no one could claim rights of it under English law.…
Assessment Task 2 TITLE A critical analysis of “Contemporary Racism in Australia: The Experiences of Aborigines” INTRODUCTION This assessment was based on David Mellor’s report “Contemporary Racism in Australia: The Experiences of Aborigines. David’s report shows that in recent years contemporary racism still as a serious problem than it had been in last several years and also gives a research about this phenomenon.…
Following the recent apprehension of a young Aboriginal boy over the theft of a single chocolate Freddo frog, must media debate has been sparked. An opinion piece written in The Age on the 18th of November, 2009, Australian Justice is Coloured, was written by Chris Cuneen in response to this incident. Cuneen contends that the Aboriginal Youths are currently suffering at the injustices of the Australian justice system. Appealing to those with a keen interest in the justice system and human rights, employs a prudent and credible tone to position readers align with his contention that Aboriginal youths are currently suffering at the injustices of the Australian justice system.…
Originally populated by Aboriginals and Torres Strait Islanders, Australia was a country that had been claimed by Captain James Cook for Britain in 1770. Britain had trouble with having enough space for criminals in their country so they decided it would be ideal to send them to Australia. The first fleet, made…
Aboriginal and Torres Strait Islander peoples in Australia are substantially over-represented in the criminal justice system. This is caused by an interplay of complex historical and contemporary factors including dispossession of land, structural disadvantage, systemic racism, intergenerational poverty and trauma, over-policing, substance misuse and mental illness, tough-on-crime policies and the chronic under-funding of Aboriginal and Torres Strait Islander legal and interpreter services.…
Prior to the freedom rides indigenous people were mistreated and weren’t considered to be first class citizens of Australia. However, when people became aware of the mistreatment, they started to protest in many places in New South Wales, this was known as the freedom rides. This movement was led by Charles Perkins, who was one of the first indigenous people to attend university.…
Prompt- Describe and analyse at least one explanation for the on-going over representation of Indigenous Australians in the penal system…
However, throughout history, there have been numerous occasions where race and ethnicity determined status and because of that, people of colour and background were marginalised within the society. An example of abuse of power because of white supremacy in history includes the colonisation of Australia in the 18th century by Britain. The British claimed Australia to be ‘Terra nullius,’ – a Latin expression meaning…
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.…
Yes, depending on how the media represent the Aboriginal people has huge impact on the reconciliation. When only the negative images are portrayed of Aboriginals, non-Native people would continue to look down upon Aboriginal people and treat them as “others”. Thus, rather than finding peace and moving forward as one nation, there would be only hatred and negative feelings. The negative portrayal of Aboriginal people would only serve as a barrier to having a reconciliation. Now as the media portrays our government, Trudeau, showing respects toward Aboriginals and planning to build and restore the positive relationship with Aboriginal people, I hope people will start to change their attitudes and thoughts about Aboriginal people.…
The European invasion of Australia in 1780 impacted upon the lives of all the Aboriginal people that lived in and around the invaded areas. When Captain Cook landed in Australia, he declared it as Terra Nullius, and this alone gives a significant insight as to the mentality of the British and their willingness to acknowledge the Aboriginal people and the importance that the land played in their daily lives. As the invaders brought with them their laws, ideals, diseases, livestock and people, the need for land increased and settlers began to venture outwards from the main settlements, the frontier broadened and the Aboriginal population began to shrink. The encroachment upon the land meant that many Aboriginal people were now being forced to come into closer contact with the Europeans. In doing this, the frontier affected the Aboriginal people in ways that ensured that their lives would never be the same and that European ideals affected their lives not only on the frontier but for generations too follow. The invasion of the Australian frontier affected areas in Aboriginal lives such as dispossession, disease, large-scale violence, which led to resistance.…
Captain cook arrived to Australia in 1770 and it was believed that there was at least 750 000 Aborigines living in 600 different tribes in Australia. Aboriginal people formed their own way of living with their isolation of external influences with dreamtime, their religious and spiritual belief. The Aboriginal people believed in terra nullius (meaning 'land belonging to no one') and soon after, the Europeans took away terra nullius and claimed to own the land. The European colonial governments started to grant, lease and sell land to white settlers and made money from it.…
Beginning in 1910 and ending in the 1970s, Australians Federal and State government agencies and church missions made a policy to forcibly take many aboriginal and Torres Strait children away from their families in an attempt to destroy the Aboriginal race and culture. There was an impact on the aboriginals with a particular policy the Australian Government had introduced, which was the policy of ‘Assimilation’. This policy was to encourage many Aboriginal people to give up their culture, language, tradition, knowledge and spirituality to basically become white Australians. Unfortunately this policy didn’t give the Aboriginals the same rights as white Australians, as a result of discrimination, aboriginals were moved to live in special housing…