Student:                Floor Botden

Student nr:                 22895183

Unit:                         Australian Idol: Exploring Contemporary Australia

Tutor:                        Mr. Laurie Steed

Submission date:         16th August 2010

Word count:                1195

Indigenous Australia: facing the key issues

Throughout history Australia’s oldest inhabitants, Aboriginals and Torres Strait Islanders, have battled for social, economic and political equality with their fellow – white – Australians. Although it seems perfectly normal to have equal rights, social security, education and health care in a modern country such as Australia, these primary needs and equal rights for all is in fact anything but normal for today’s Indigenous Australians. Australia today is still struggling with a prominent gap between indigenous Australians and white Australians which leads to adverse ratings on a number of social indicators, including health, education and unemployment. This paper explores these key issues facing indigenous people in contemporary Australia.

Understanding these starts with the understanding of Indigenous people’s place and rights in Australia’s society. In fact, Aboriginal people were not even accorded basic citizenship rights until only a few decades ago. Up until 1967, Australia’s original inhabitants were not even counted as citizens.  For ten thousands of years, the continent of Australia was considered to be a no one’s land, also known as “Terra Nullius”.  The idea of Terra Nullius does not provide indigenous people with legal recognition of their customs, laws, languages or their rights to land and natural resources. Put simply, Aboriginal people did not exist within the eyes of the law. It was not until the High Court’s Mabo versus Queensland decision in 1992, that Australia’s legal system acknowledged that Australia was not an empty land and that the indigenous people were in fact the first inhabitants of the Australian continent. Not only did the groundbreaking Mabo case, initiated by Torres Strait Islander Eddie Mabo, lead to the suspension of  ‘terra nullius’ as a recognised fact by the common law, it - maybe even more importantly – also resulted in the Native Title Act in 1993.This act validated all prior land titles based on a traditional connection or occupation of the land, by Aboriginal people known as “spiritual connection”.

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         It is clear that this is one of the first and well known legal steps towards a more equal Australia for indigenous Australians. Another significant High Court case for the indigenous people was the Wik people versus the State of Queensland case. In this High Court case in 1996 the majority of the court found that a pastoral lease did not confer exclusive possession, and that native title could therefore continue to exist. Where an inconsistency between the native title and non-native title rights occurs, the non-native title rights prevail. Since the Wik case, Aboriginal and Torres Strait Islander peoples have ...

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