Terra Nullius Case Study
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.
Eddie Koiki Mabo In The 1971 Gove Land Rights Case
149 Words | 1 PagesIn the 1971 Gove land rights case, Justice Blackburn ruled that Australia was terra nullius prior European settlement. This judgement was challenged for a total of 3 years but all attempts failed. However, on the 20th May 1982, Eddie Koiki Mabo and 4 other Indigenous people began their legal claim for ownership of their traditional lands on the island of Mer in the Torres Strait. The case was later taken to supreme court and after ten years, the case was closed and the government granted the indigenous people of australia their rightful land. Before this, Eddie had been helping his community from a young age.
Eddie Mabo Case Study
426 Words | 2 PagesThey 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.
Civilising Process In Australia
510 Words | 3 PagesAboriginality in the 1900s was widely viewed as a socially primitive culture, whose behaviour was considered barbaric and therefore did not fit in with the values of ‘white Australia’ and ideals of the West about civility (Van Krieken 2000:247; Australian Human Rights Commission 1997). This resulted in the introduction of the NSW Aborigines Protection Board 1883 and the Aboriginal Protection Amending Act 1915 (NSW) that meant Australian government authorities had full control to attain legal guardianship of all Indigenous and half-caste children, to be ‘merged’ into the non-Indigenous population (Australian Human Rights Commission And Equal Opportunity Commission 1997). Conceptions by the State and church about civilisation warranted the intervention
How Did The Mabo Decision Affect Australia
420 Words | 2 PagesThe 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
Meriam People Case
320 Words | 2 Pages'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at
Summary Of The Ethos Of Return
1337 Words | 6 PagesThis correlates to the ideology of heritage and identity within Australia. Australia was known as terra nullius (land unoccupied) when European settlers colonised due to their belief that indigenous Australians were a different race similar to fauna (Byrne 2003). Jones and Harris (1998) expand on this notion with the idea that European settlers deemed themselves the first occupiers of Australian land due to their discourse surrounding the permanency and entitlement of land ownership. This Euro-centric construct of land ownership is discussed within the article with specific importance placed colonials concept of being an inheritor of the land rather than an invader and also the historical European concept of racial identities and their link to ‘the nation’ (Byrne 2003, p. 78). It was seen that because the indigenous Australians didn’t comply to the settler’s social construct of home, then the land wasn’t owned and therefore any remains were also free for the taking.
Impact Of The Mabo Decision
949 Words | 4 PagesOne of the most significant events in Aboriginal peoples struggle for rights in Australia was the Mabo decision in 1992. This event took away the myth of terra nullius from Australian law and would recognise rights that Aboriginal and Torres Strait Islander peoples have to the land and waters according to tradition. Thus, creating way for the legal recognition of native land titles (Loos & Mabo, 2013). This essay will explain the impact of the Mabo decision, what events led to this event and what impact this has on Australian people today.
How Did Eddie Mabo Impact The Civil Rights Movement
1078 Words | 5 PagesIn Australia the Europeans took over all the land that the Aboriginals had owned for over 40,000 years. They had lost their livelihood, living in dumps and small humpies, no where near a safe or healthy environment. The indigenous people were treated very inhumanely; being told where they can go, where they can’t go and who they can have relationships with. Of course they grew extremely angry and something drastic needed to
Dawes Act Research Paper
1127 Words | 5 PagesThis paper will give an overview of the act and how it impacted the Indigenous community into becoming
Customary Law: Aboriginal And Torres Strait Islander
157 Words | 1 PagesAlthough Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage. Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1] Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law.
Aboriginal Tent Embassy
983 Words | 4 Pages(Leslie, 2012) When the Tent Embassy was first erected, the indigenous peoples of Australia agitated in the Yolngu statement for “Title to [their] land, a direct share of all royalties paid by Nabalco,
Terra Nullius In Australia
301 Words | 2 PagesPrior to the European settlement of Australia (1788), indigenous Australians inhabited the continent and had recognised laws within their clans. However, as documented in the case of the Yirrkala community, due to the notorious laws being unwritten, the doctrine of terra nullius enabled the European power to claim the discovered land as part of its empire despite their being evident inhabitants. The British adapted the international law concept of terra nullius to govern the situation in “settled” colonies, which is how the law regarded Australia. The first test of terra nullius in Australia occurred with the decision of R v Tommy 1827, which indicated that the native inhabitants were only subject to English law where the incident concerned
Kaurna Tribe Research Paper
560 Words | 3 PagesBetween 1919-1929 it was thought that the Kaurna tribe was extinct. In 1962 legislative control of South Australia’s indigenous community was abolished. In 1967 90% of Australians voted to remove clauses in the constitution that discriminated against the indigenous community which included the right to vote, citizenship, equal wages, benefits and land rights.
The Hottentot Venus: Documentary Analysis
1778 Words | 8 PagesThis documentary made me feel disgusted with humankind. A poor 20-year-old woman was taken away and automatically was displayed for The Hottentot Venus. What was I confused is how she was taken away? I probably missed it but I was confused.
The Republic Democracy And Reconciliation Summary
329 Words | 2 PagesDr Mark McKenna believes that by Australia being detached from the British monarch the aboriginal people will be able to regain being the traditional custodians
More about Terra Nullius Case Study
Eddie Koiki Mabo In The 1971 Gove Land Rights Case
149 Words | 1 PagesEddie Mabo Case Study
426 Words | 2 PagesCivilising Process In Australia
510 Words | 3 PagesHow Did The Mabo Decision Affect Australia
420 Words | 2 PagesMeriam People Case
320 Words | 2 PagesSummary Of The Ethos Of Return
1337 Words | 6 PagesImpact Of The Mabo Decision
949 Words | 4 PagesHow Did Eddie Mabo Impact The Civil Rights Movement
1078 Words | 5 PagesDawes Act Research Paper
1127 Words | 5 PagesCustomary Law: Aboriginal And Torres Strait Islander
157 Words | 1 PagesAboriginal Tent Embassy
983 Words | 4 PagesTerra Nullius In Australia
301 Words | 2 PagesKaurna Tribe Research Paper
560 Words | 3 PagesThe Hottentot Venus: Documentary Analysis
1778 Words | 8 PagesThe Republic Democracy And Reconciliation Summary
329 Words | 2 Pages