Native title was not recognised in Australia until 1992 when the High Court in the Mabo decision overturned the doctrine of terra nullius. This led to the legislation of the Native Title Act 1993 (Cth) and the establishment of the National Native Title Tribunal. Now Aborigines and Torres Strait Islanders had the right to make native title claims but this was a very expensive‚ slow and time-consuming process making it ineffective for Indigenous people to regain ownership of their traditional land
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Therefore‚ one of its importance is to preserve human rights. In order for that to be attained‚ a judicial body must be removed from external influences. This is to ensure a fair trial is preserved. An example of judicial independence is reflected in Mabo Case 1 (1988). This case illustrates a fair trial by protecting and preserving the rights of the minority groups in Australia which are the aborigines by using Section 109‚ to override the Queensland Coast Island Declaratory Act 1985. However‚ in
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simultaneously created and put at risk. Without land and place to connect people to their heritage‚ Australian Aborigines were forced to search for other symbols of Aboriginality to provide them with a sense of identity. Tim Rowse in his work After Mabo suggests that Ruby Langford’s autobiography Don’t Take Your Love to Town may give some insight into symbols of Aboriginality that can be found in modern Australia. At one stage‚ Rowse talks about Langford’s trip to Uluru and how it felt to be there
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In comparison for Torres Strait Islander peoples‚ due to their circumstances they were able to adapt a lot easier without fear of total annihilation (Donovan‚ 2002). Contact with Europeans had occurred by the 17th century and many trading vessels from various nations frequented the waters of the islands. In 1871 the missionary Rev. Samuel MacFarlane brought Christianity to the islands. Unique in Australian history‚ the daily work of conversion and cultural modelling was carried out by Pacific Islander
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extinguished at the moment the British flew their flag on Australia soil. (Kirby‚ 2005) “A primary premise of the old law‚ that Aboriginals were universally nomadic with no interest in land‚ was shown to have been seriously wrong” (Kirby‚ 2005). The Mabo v Queensland is a notable example of Judicial activism being used in a positive way‚ an example of our views‚ thoughts and opinions changing since laws were made and an example of the laws that were made decades ago not being correct in society today’s
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theorists argue that stratification is dysfunctional and harmful and it results in competition between bourgeois and proletarians. The Indigenous community and the Australian/British governments have been in a conflict since the first landing‚ From Mabo‚ to the Northern Territory National Emergency Response‚ the Constance struggle for dominance and power is clear. Class conflict impacts the degree of poverty that exists in Australia for example; the gap in wealth between the two groups is significant
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future. Capital Punishment will act as a major deterrent to cons and ex cons as well as potential criminals. How is it rational that a felonious criminal‚ who goes by the name of Glenn John Nelson‚ who attempted to rape and then murdered Krishnamaya Mabo‚ deserves to live and gets off lightly with a frail prison sentence? That lawless man is still breathing. Our spineless government does not have the vigour to cleanse this country of its filth. Our insubstantial‚ half
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Stolen Generation- Letter to the Editor Dear Editor‚ Throughout the early 1900s‚ the Australian public was led to believe that Aboriginal children were disadvantaged and at risk in their own communities‚ and that they would receive a better education‚ a more loving family‚ and a more civilised upbringing in adopted white families or in government institutions. The lack of understanding and respect for Aboriginal people also meant that many people who supported the child removals believed that
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This essay will examine an aspect of civil rights or the origin that developed the need of civil rights by focusing on the following point; the stolen generation. The ’Stolen Generations’ are the generations of Aboriginal children taken away from their families by governments‚ churches and welfare bodies to be brought up in institutions or fostered out to white families. The reasoning behind this was to completely demolishing the aboriginal way of life that can only be passed on to their children
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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. In the early 20th century it was believed that Aboriginals
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