ipl-logo

Mabo 1992 Case Study

222 Words1 Page

Impact of Colonisation: Colonisation affected Aboriginal and Torres Straight islanders because they weren’t acknowledged upon colonisation as a civilized people. In 1788 the British , wrongly believed that the indigenous peoples did not have a system of land law deserving of recognition by the common law. Because of this, the English crown clamed both sovereignty and ownership of Australia (Terra Nullis- which means no ones land) and did not recognise the land previously belonging to a people because they did not see them as having a system of laws and customs concerning the land. Impact of Colonisation on Contemporary Issues: • Mabo 1992: This affects contemporary issues because it was only in 1992 with Australia’s “Mabo” case that Indigenous

Show More
Related

  • Eddie Mabo Case Study

    426 Words  | 2 Pages

    They had their own traditional laws and customs and held a very strong and deep-rooted connection to their land. The British policy of the land being terra nullius, or “nobody’s land”, infringed the rights and customs of the Aboriginal and Torres Strait Islander people. The concept of terra nullius robbed the Indigenous population of their right to have possession of their traditional and revered land. Mabo firmly believed it was not the white government’s responsibility to deny rights to traditional Indigenous land.

    Read More

  • Mabo Case Analysis

    113 Words  | 1 Pages

    On 3 June 1992 the High Court of Australia handed down its decision in Mabo vs The State of Queensland, ruling that the treatment of the Indigenous property rights based on the principle of terra nullius was wrong and racist towards the Aboriginals. The court ruled that indigenous ownership of land has survived where it has not been extinguished by a valid act of government and where Aboriginal people have maintained traditional law and links with the land. This legal recognition of Indigenous ownership called Native Title. The court ruled that in each case native title must be determined by reference to the traditions and customary law of Indigenous owners of the land.

    Read More

  • How Did The Mabo Decision Affect Australia

    420 Words  | 2 Pages

    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

    Read More

  • How Did The Depression Affect Australia In 1914

    946 Words  | 4 Pages

    Australia was settled by the British in 1788 as a convict colony but without the Aboriginal contact and consequences, experience of non-Europeans, the gold rushes and their political, social and economical impact on the nation, the Depression in the 1890’s and living and working conditions all contributed to what our nation is today. Within 120 years as a result of aboriginal contact with Europeans the experience of non-Europeans, the social, political and economical impacts of the gold rushes of the 1850’s, the depression in the 1890’s and the living and working all contributed to what Australia became in 1914. As the colony of the nation expanded, some settlers came into conflict with the aboriginal people. The aboriginal people reacted

    Read More

  • Eddie Mabo Case Study

    791 Words  | 4 Pages

    The outcome of this court case lead to the insertion of a legal doctrine of native title into Australian Law, recognising the traditional rights of the Meriam people to their islands in the Torres Strait, the Court also held that native title existed for all Indigenous peoples in Australia who held rights in their lands under their own laws and customs prior to colonisation. The new doctrine of native title replaced a 17th century doctrine of terra nullius, the claim that the British made allowing them to take possession of Australia without treaty or payment (Australians Together, 2017). Effectively denying Indigenous people’s prior occupation of and connection to the

    Read More

  • Terra Nullius Case Study

    54 Words  | 1 Pages

    In 1992, the High Court of Australia rejected the notion of terra nullius, and legally recognised the occupation of Indigenous People’s before and during the process of British colonisation. It was the first time, in the eyes of the law, that Aboriginal people had been acknowledged as the traditional custodians of the land.

    Read More

  • Bringing Them Home Report Essay

    681 Words  | 3 Pages

    Bringing Them Home Report Today, our society live freely by following our right and freedom, our rights to do and our freedom to say. However, Aboriginals and Torres Strait Islanders suffered and are still suffering through a long journey to be accepted in Australia as one. Different events occurred during the 90s to today, such as the Mabo decision, referendums and protests. The Bringing Them Home report was a significant event for the civil rights of Aboriginals and Torres Strait Islander people. The Bringing Them

    Read More

  • Indigenous Health Research Paper

    1242 Words  | 5 Pages

    11612349 Matthew A. Bishay S-IKC100_201660_D_D (Indigenous Health) 19 September 2016 1218 words Its time to address the indisputable relationship between the enduring impact of colonisation and current health status of Indigenous Australian and Torres Strait Islander people . Throughout the paper key points will be addressed about that will show how the past of Indigenous Australian and Torres Strait Islander people is still affecting to this very day.

    Read More

  • Reflective Journals: Indigenous Cultures

    776 Words  | 4 Pages

    Populations such as Africa, Asia, South America and Europe all have histories of colonisation of their countries and people, however it appears that other colonising populations have made stronger efforts to repair damage done to the indigenous communities (Taylor, 2010). One of the ways that people have done this is through treaties. I think this would be hard to do with the Aboriginal people as they are made of many different communities themselves, meaning that a treaty would have to account for all these differences. From the readings supplied, I have found that all populations that have been colonised seem to be worse off for it. Colonisation appears to always involve a more powerful population enforcing itself on another, which I believe accounts for what some may see as acceptance or understanding.

    Read More

  • The Pros And Cons Of Indigenous Traditional Law

    218 Words  | 1 Pages

    Recognising Indigenous traditional law will strengthen traditional authority within Australia indigenous community and help to maintain order particularly for the traditionally oriented person because customary punishments will be understood in terms of traditional values (ALRC report, 31 1986). Making punishment more applicable and having significant impact upon individuals (ALRC report, 31 1986). Acknowledging customary laws can also help with interrogations issues faced by indigenous people. Language barriers and an inadequate understanding of Australian criminal justice system can lead to individuals providing authority figures with responses that are anticipated rather than what occurred (Debelle, 2008). Police conducting interviews can

    Read More

  • Ethnocentrism In Australia Essay

    416 Words  | 2 Pages

    One Australian minority group that has been effected drastically is that of Indigenous Australians. Indigenous Australians are the traditional custodians of the land and have living in Australia for over 40,000 years. Since the arrival of white settlers in the late 18th century, their culture has been subject to a high degree scrutiny. Using the Australian ethnocentrism scale, it has been concluded that white Australians held negative attitudes towards Indigenous Australians (Beswick, Hills 1972). A popular negative attitude that can be viewed in today’s society is that

    Read More

  • Denomination Switching Essay

    441 Words  | 2 Pages

    Mabo: The Mabo case was a judgment in the High Court of Australia in 1992 affirming that Aboriginal people could still have rights to land taken by settlers. Wik: The Wik decision was a legal judgment made in Australia in 1996 that protects the right of Aboriginal people to own land. However, it stated that Native Title could co-exist with other rights on land under pastoral lease but, if there is a conflict between Native Title and lease, the rights of the leaseholder will

    Read More

  • The Legacy Of Eddie Mabo, A Milestone Of Hope For Indigenous Australia

    561 Words  | 3 Pages

    The Legacy of Eddie Mabo, a Milestone of Hope for Indigenous Australia Introduction The life and legacy of Eddie Koiki Mabo continues to be one of the most influential and hopeful milestones in the reconciliation of Australia’s indigenous people. Against all odds, Mabo strived and succeeded in claiming back land rights that were taken away by settlers and brought significance to the land claims of indigenous people. However, this was not a case of one man’s right to land, but a case of many cultures’ right to hope. Eddie Mabo’s legal victory against the Australian government provided hope for the future of culture, traditions and custodians of Indigenous Australia.

    Read More

  • How Did Eddie Mabo Change Australia

    902 Words  | 4 Pages

    The Mabo decision changed the legal, political and social relationships between Aboriginal and non-Aboriginal people. In recognising the traditional rights of Murray Islanders it changed Australia forever. The Mabo decision opened the doors for other indigenous people and groups to be able to claim ownership of land. They were required to prove that they had continuous connection to the land and maintained their traditional associating with it. The 'native title ' is the recognition by law that some aboriginal and torres strait islander people have rights to certain land due to their traditional laws and customs.

    Read More

  • Cultural Diversity In Australia

    1046 Words  | 5 Pages

    The Commonwealth Government has identified three dimensions of multicultural policy: cultural identity: the right of all Australians, within carefully defined limits, to express and share their individual cultural heritage, including their language and religion; social justice: the right of all Australians to equality of treatment and opportunity, and the removal of barriers of race, ethnicity, culture, religion, language, gender or place of birth; and economic efficiency: the need to maintain, develop and utilize effectively the skills and talents of all Australians, regardless of background. Australia is generally seen as one of the 'classical countries of immigration '. Nation-building following British colonisation in 1788 meant the destruction of Aboriginal societies, and the construction of a new nation based on immigration. The earliest settlers were convicts, soldiers and colonial administrators, followed by free settlers, encouraged by the British state. The mid-19th century gold rushes led to greatly increased immigration:

    Read More

More about Mabo 1992 Case Study

Open Document