Aboriginality and the Land Flashcards
Native title
Form of land title which recognises Aboriginal people as rightful owners of the land
Sovereignty
The legal recognition of ownership of land and territory. Implicit in the concept is the right of self-government. Indigenous peoples have never ceded their sovereignty over Australia.
What are the three things which need to be done to ensure sovereignty
Make and change laws within its territory
Ensure that a nation is free from external interference and control its borders
Maintain absolute ownership of all property within the territory
Water rights
Water rights fall under the Native Title Act (1993). Under this legislation, there is no clear right to take the water itself, other than small amounts for cultural purposes. In areas where native title has been recognised, it generally includes rights to take and use water for only personal, social, domestic and cultural purposes (not economic).
land rights
The struggle for Indigenous people for the legal and moral recognition of prior land ownership and associated rights land and water rights and native title legislation
Country
Country is the term often used by Aboriginal peoples to describe the lands, waterways and seas to which they are connected. The term contains complex ideas about law, place, custom, language, spiritual belief, cultural practice, material sustenance, family and identity.
Customary Law
Laws based on traditions and customs
traditional law
Aboriginal people had a complex system of ‘laws’ that represented accepted practices, responsibilities and interactions.
Traditional lore
Connected to the Dreaming and provides rules on how to interact with the land, kinship and community. Aboriginal children learned the lore from childhood by observing customs, ceremonies and song cycles.
Spirituality
Aboriginal Spirituality is the foundation of culture and community. Belief systems guide our morals, values, traditions and customs to ensure a healthy and balanced relationship with the world
Terra nullius
A concept in international law meaning ‘a territory belonging to no-one’ or ‘over which no-one claims ownership’.
Land Rights
The return of certain Crown lands to Aboriginal peoples as compensation for dispossession and the resulting ongoing disadvantage suffered by Aboriginal peoples.
Land right movement pre-60s
Governor Bourke was the first lawmaker in 1835 to say Australia belonged to no-one before British settlement formally
When was the Yirrkala Bark Petition
August 1963
What were the aims of the Yirrkala Bark Petition
Protest calling for an end to mining and the granting of land rights to the Yolongu people the traditional owners of the land.
What were the impacts of the Yirrkala Bark Petition
It was unsuccessful in the short term but began a chain reaction leading to the recognition of the rights of traditional owners of the land.
When was the Gove Land Rights Case
1971
What were the aims of the Gove Land Rights Case
The Yolgnu People tried to stop the mine by taking the company to Court
What was 2 impacts of the Gove Land Rights Case
- The federal government allowed for the mine to go ahead
- Prompted a series of law reforms for the land rights movement
When was the Wave Hill Strike
23 August 1966
What were the aims of the Wave Hill Walkoff
- Originally for better work conditions
- Changed to protest for land rights
What was the 2 impacts of the Wave Hill Walkoff
- Gurinji peoples land returned to them
- Lead to the development of the Aboriginal Land Rights
When was the Land Rights ratified in NSW
1983
What were the features of the Land Rights Act NSW
- Created Aboriginal Land Councils
- Allowed Land Councils to obtain freehold title to land through the process of land claims, purchase or bequests.
What are the issues with Land Rights Act NSW
- In NSW there have been more than 3,000 land rights claims.
As of 20202 there have been 37,000 land rights claims
When was the Mabo Case
1992
What was the impacts of the Mabo case
- The High Court of Australia recognises native title in the Mabo Case.
-The Court rules that native title exists over particular types of land
-That Australia was never terra nullius or ‘empty land’.
When did the Federal Parliament pass the Native Title Act
1993
What are the features of the Native Title Act (1993)
The Act requires that claimants prove ongoing cultural links with their land.
What are the issues with the Native Title Act (1993)
- Aboriginal people who are forcibly removed and those living in urban areas have great difficulty proving cultural links
- 70% of Aboriginal people in NSW living in cities and other urban areas are dispossessed of their native title.
What was the Wik decision?
- Wik peoples and Thayorre people claiming their native title rights had survived the grant of the pastoral leases, and that the mining leases were invalid.
When was the Wik decison
1996
What was the findings of the Wik decison
The High Court held that native title rights could coexist on land held by pastoral leaseholders.
3 impacts of the Wik decison
- Negative non_Aboriginal responses (farmers and pastrolists)
- Howard introduced the 10 point plan restricting the scope of native title
- Negative political impact
When was the Yorta Yorta v Victoria
2002
What did the high court ruled for the Yorta Yorta v Victoria
Native title could not be recognised because there had been a breakdown in the continuous connection with the land
Impact of the Yorta Yorta v Victoria
- Made native title harder to prove
- Excluding Aboriginal people from their native title rights
When was the Barkindji Native Title Determination
2015
What were the positive outcomes of the Barkindji Native Title Determination
-Allows for cultural continuity
- Allows for hunting fishing and gathering
-Creation of traditional artifacts
When was the Blue Mud Case
2008
What are the benefits of the the Blue Mud Case
- Traditional Indigenous owners from the East Alligator River to the Rope River were given control of over 80% of the NT coastline, - Given the power to exclude fishermen from the intertidal zone
When was the tent embassy set up?
26th January 1972
Why was the tent embassy assembled
Bring attention to the legal and political status of Aboriginal people, particularly land rights.
When was the Freedom Ride?
February 1965
Why were the Freedom Rides carried out
- National and international attention to
HEALTH
EDUCATION
HOUSING
-Racism in NSW country towns
What were 4 impacts of the Freedom Rides
- International publicity
_ Illuminated the racial discrimination in Australia - Building relationships with Aboriginal groups
- NSW Aborigines Welfare Board publicly announced that it would spend sixty-five thousand pounds on housing in Moree
What was the positive impact of the Tent Embassy
Became a symbol of the Aboriginal struggle for true reconciliation and improvement in the legal and political status of Aboriginal people.
What were 2 negative impacts of the Tent embassy
Immediate: Response from the police to remove the embassy
Current: Little impact upon the legal and political status of Aboriginal people
When was the Woodward Commission
1973-1974
What was the Aboriginal Land Rights (Northern Territory)
- Granting a fee simple interest in certain lands to Aboriginal Land Trusts
- For the claiming of unalienated crown land by those groups of Aboriginal people who could prove that they were the traditional owners of such land
What was the recommendations of the Woodward Commission ?
- Establishments of the Aboriginal Land Councils in the Northern Territory
-Legislation to restore Aboriginal ownership of land.
What was the impacts of the Woodward Commission ?
- 50% of the NT is Aboriginal-owned land
- 85% of the NT coastline is Aboriginal owned water ways
When was the Aboriginal Land Rights (Northern Territory) Act ____ introduced
1976
When was the Aboriginal Land Rights (Northern Territory) Act closed
1997 (20 yeas later)
When was the NSW Aboriginal Land Rights Act
1983
What did the NSW Aboriginal Land Rights Act allow
The Act provides a system of Aboriginal Land Councils that obtain inalienable freehold title to land through the process of land claims, purchases or bequests
What was the impact of the Native Title Amendment Act 1998 (Cth)
significantly reduced Aboriginal People’s native title rights
When was the Aboriginal Land Rights NT Act
1976
What did the ALRA NT achieve
-The law lets Aboriginal Land Trusts get certain Crown lands not needed for public use or for sale.
-Aboriginal groups can also claim unalienated Crown land if they prove they are the traditional owners.
When was the Barunga Statement?
1988
What were the 5 aims of the Barunga Statement?
-Aboriginal self-management
-National system of land rights
-Compensation for loss of lands
-Respect for Aboriginal identity
-Granting full civil, economic, social and cultural rights
Impact of the Mabo deciosn
- Legal and moral milestone
- Overturning terra nullius
What was the impact of the Native Title Amendment Act 1998 (Cth)
significantly reduced Aboriginal People’s native title rights
Positive impacts of The Aboriginal Land Rights Acts (NT,NSW)
- Recognize Aboriginal land ownership and occupation
- Acknowledge the cultural and economic significance of the land
- Legal recognition symbolizes the strength of Aboriginal communities in reclaiming their rights stripped since colonization.
Negative impacts of ALRA NSW
Land rights legislation imposes Western concepts of land “ownership”
4 Negative impacts of the NTA
- The NTA’s failure to provide an accessible mechanism for achieving native title undermines the legal rights of Aboriginal peoples, e.g. Yorta Yorta
- 70% of Aboriginal people in New South Wales urban areas are dispossessed of their native title
- The native title process is complex, costly and time consuming
-NTA does not allow communities to use water for economic purposes
2 impacts of water rights upon Barkindji community
- Denied any power over the management of the Darling Baaka
- The Barkindji people are unable to heal the river, which negatively impacts the health of not only the river but also the people due to the holistic nature of Aboriginal health
