HSC Trials

Question 1

Human Rights

Answer 1

Human rights are rights possessed by individuals. They are universal (possessed by all human beings) and are inalienable (they cannot be overridden by the public interest).

Question 2

Land rights

Answer 2

Indigenous land rights are the rights of Indigenous peoples to land, either individually or collectively.

Question 3

Sovereignty

Answer 3

The legal recognition of ownership of land and territory. Implicit in this is the concept of the right of self -government. Indigenous peoples have never ceded their sovereignty over Australia.

Question 4

Treaty rights

Answer 4

Certain rights were reserved by indigenous peoples when they signed treaties with colonising societies in the wake of European colonisation. These rights were often gained through the cession of land.

Question 5

Citizenship rights

Answer 5

Rights that are enjoyed by a citizen, such as the right to vote and to live permanently in a particular country.

Question 6

Universal Declaration of Human Rights (UDHR)

Answer 6

Adopted by the UN General Assembly in 1948, this declaration defines a “common standard of achievement for all peoples” and forms the foundation of modern human rights law.

Question 7

What does the Universal Declaration of Human Rights (UDHR) do?

Answer 7

It declares that human rights are universal - to be enjoyed by all people, no matter who they are or where they live. The Universal Declaration includes civil and political rights, like the right to life, liberty, free speech and privacy.

Question 8

How many articles foes the UDHR have?

Answer 8

30 articles

Question 9

Is the UDHR legally binding?

Answer 9

Declarations, even when signed by member states, do not have the force of law. It is up to the signatories, such as Australia, to enact the terms of the international agreement into their laws through creating legislation.
There is no legal obligation to adhere to the UDHR.

Question 10

How is the UDHR implemented in Australia?

Answer 10

An independent third party which investigates complaints about discrimination and human rights breaches.

Question 11

What is the Human Rights Commission?

Answer 11

The Australian Government created the Human Rights Commission Act 1986 (Cth) which established the Australian Human Rights Commission.

Question 12

What positive impacts did the UDHR have on Aboriginal Peoples?

Answer 12

-Led to the establishment of the Australian Human Rights Commission (AHRC) 1986, and the role of Aboriginal and Torres Strait Islander Social Justice Commissioner.
-An expression of the fundamental values which are shared by all members of the international community and it has had a profound influence on the development of international human rights law.
-The UDHR has given rise to a range of other international agreements which are legally binding on the countries that ratify them- International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Question 13

What negative impacts did the UDHR have on Aboriginal Peoples?

Answer 13

-The Universal Declaration is not a treaty, so it does not directly create legal obligations for Australia.
-Australia has been internationally identified as not meeting our obligations for human rights in a number of areas, including regarding refugees and our treatment of some Aboriginal Peoples.
No real punishment for this other than damage to our national image.

Question 14

What two covenants were created to assist in ensuring the implementation of the UDHR?

Answer 14

International Covenant on Economic, Social and Cultural Rights (ICESCR) & International Covenant on Civil and Political Rights (ICCPR)

Question 15

UDHR

Answer 15

Universal Declaration of Human Rights (1948)

Question 16

ICESCR

Answer 16

International Covenant on Economic, Social and Cultural Rights (1966)

Question 17

ICCPR

Answer 17

International Covenant on Civil and Political Rights (1966)

Question 18

Civil and Political Rights include:

Answer 18

-Right to freedom of religion
-The right to be free from torture
-The right to a fair trial

Question 19

Economic, cultural and social rights include:

Answer 19

-The right to education
-The right to fair wages
-The right to an adequate standard of living
-The right to self-determination

Question 20

Evidence that Aboriginal Peoples’ do not experience social equality in Australia?

Answer 20

-Overrepresented in the criminal justice system
-Punitive bail conditions
- increased contact with the justice system and harsher sentences
- Aboriginal Peoples are more likely to breach bail because of social, economic and cultural obligations.
-More Aboriginal Peoples in child protective services

Question 21

CERD

Answer 21

Convention on the Elimination of Racial Discrimination

Question 22

When was CERD created?

Answer 22

It opened for signature in 1965 and became effective in 1969

Question 23

What is CERD?

Answer 23

Aim is to remove all forms of racial discrimination, to prevent discrimination from arising, and to promote understanding between all races.

Question 24

Is CERD legally binding?

Answer 24

As it is a convention CERD is a legally ‘binding treaty’.
This means that it is enforceable on all parties, including Australia.

Question 25

Who is the Committee on the Elimination of Racial Discrimination?

Answer 25

A body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties.

Question 26

How does the Committee on the Elimination of Racial Discrimination monitor compliance?

Answer 26

They meet three times a year, and look at the evidence that shows that people who signed the convention are following it and then they make recommendations for which countries are following it and which are not.

Question 27

How many breaches has Australia had with CERD?

Answer 27

2009:1st Breach- Discrimination against Aboriginal Peoples during the Nothern Territory Emergency Response.
2009:2nd Breach- Australia is still incompatible with its responsibilities under the declaration especially in regards to Aboriginal Peoples.
2010:3rd Breach- Aboriginal Peoples and their access to legal aid not being made available from the Aboriginal Legal Rights Movement.
2018:4th Breach- the Carmichael Coal Mine and Rail Project in Queensland, Australia and its impact on the Wangan and Jagalingou Indigenous People.

Question 28

How was CERD implemented in Australia?

Answer 28

The Australian Government ratified CERD in 1975 and introduced the Racial Discrimination Act 1975 (Cth).

Question 29

Racial Discrimination Act 1975

Answer 29

Made it against the law to treat you unfairly because of your race, colour, descent, national or ethnic origin or immigrant status.

Question 30

CERD’s impact on Aboriginal People

Answer 30

As CERD has been included into Australian domestic law it has had a significant impact on Aboriginal Peoples:
-It is illegal to discriminate against someone because of their race.
-This, in theory, has improved employment opportunities, access to housing, access to services, and the lived experiences of Aboriginal Peoples.
-However, in reality racism still exists in almost all areas of life.

Question 31

UNDRIP

Answer 31

United Nations Declaration on the Rights of Indigenous Peoples

Question 32

When was UNDRIP created?

Answer 32

13 September 2007

Question 33

What is UNDRIP

Answer 33

It affirms the minimum standards for the survival, dignity, security and well-being of Indigenous peoples worldwide and enshrines Indigenous peoples’ right to be different.

Question 34

Is UNDRIP legally binding?

Answer 34

Declarations, even when signed by member states, do not have the force of law.
-It is up to the signatories, such as Australia, to enact the terms of the international agreement into their laws through creating legislation.
-There is no legal obligation to adhere to UNDRIP.
-However, as with the UDHR, there is pressure from the UN and the International community generally to comply with the articles of UNDRIP.

Question 35

How is UNDRIP implemented in Australia?

Answer 35

-The Australian Government was not an initial signatory of the UNDRIP when it was adopted by the UN General Assembly in 2007.
-Australia did, however, endorse UNDRIP in 2009 and has been committed to putting it into action since then.
-The Aboriginal and Torres Strait Social Justice Commissioner has a function of monitoring our compliance with UNDRIP

Question 36

UNDRIP - Impact on Aboriginal Peoples?

Answer 36

-UNDRIP provides Aboriginal communities with a better understanding of the international benchmarks for Indigenous Peoples rights.
-It provides a foundation for pursuing these rights in Australia and international support for things such as land rights and native title.
-It brings about discussion of issues such as constitutional recognition.

Question 37

Why is self-determination important to Aboriginal Peoples?

Answer 37

It helps take the first step to healing past traumas and helping Aboriginal People gain back their autonomy.

Question 38

What role does a returning Country play in ensuring human rights?

Answer 38

-Maintain and recover spiritual connection to country- i.e. dreaming
-Provide economic value to Aboriginal Peoples
-Help country and develop

Question 39

Why is language important to Aboriginal Peoples?

Answer 39

-Helps Aboriginal People express their cultural identity
-Helps them pass on knowledges

Question 40

Socioeconomic Status

Answer 40

An economic and sociological combined total measure of a person’s work experience and of an individual’s economic and social position in relation to others.

Question 41

Indicators of socioeconomic status

Answer 41

Health, Housing, Employment, Education, Economic Independence, Criminal Justice

Question 42

Aboriginal people are disproportionately represented in incarceration rates making up ….% of the prison population, despite only compromising 2.7% of the population.

Answer 42

30,

Question 43

….. percent of Aboriginal and Torres Strait Islander adult prisoners had a known prior imprisonment, compared with 50 percent of non-Indigenous prisoners

Answer 43

78

Question 44

How did colonisation contribute to disadvantage for Aboriginal Peoples?

Answer 44

-Aboriginal people no longer roamed free
-New skills were needed that had not already been established
- put at a disadvantage
-Diseases killed many people
- disrupted social systems and cultural knowledge transfer

Question 45

What is the role of education in improving SES?

Answer 45

Allows people to get the skills they need to get a job
- pull themselves out of poverty
-The more educated you are the more opportunities you will receive from work
-People can then have a higher income
- less poverty in Aboriginal communities= higher SES

Question 46

// Risks that exist for people with lower education rates?

Answer 46

-Less available work because someone does not having enough qualifications- lower income
-Poor health & nutrition- based off of lack of understanding of certain health risks
-Higher chance of becoming incarcerated- if no work is available people are more likely to commit crimes to make a living
-Higher risk of using and abusing drugs & alcohol as a way to manage stress related issues in their lives

Question 47

Social Determinants of Health

Answer 47

-Education
-Employment
-Income
-Socioeconomic position
-Early life
-Social inclusion & social support
-Unemployment
-For ATSI, the social determinants of health also include factors such as cultural identity, family, participation in cultural activities and access to traditional lands.

Question 48

Racism

Answer 48

Prejudice, discrimination or hatred directed at someone because of their colour, ethnicity or national origin.

Question 49

Overt Racism (direct)

Answer 49

Direct racial discrimination is the unfair or unequal treatment of a person or a group on racial grounds.

Question 50

Example of Overt Racism

Answer 50

An employer won’t hire someone on the basis of their cultural or linguistic background.

Question 51

Covert racism (Indirect)

Answer 51

Indirect racial discrimination appears equitable on the surface but, in practice disadvantages people from particular groups.

Question 52

Example of Covert Racism

Answer 52

A rule that says that all students must not wear anything on their heads could result in discrimination against students whose religion requires the wearing of headwear.

Question 53

Prejudice

Answer 53

Behaviour of prejudging groups or individuals on the basis of their race or physical characteristics.

Question 54

Stereotypes

Answer 54

the re-occurring images that we attach to people based on race, religion, gender or ethnic origin.

Question 55

Racial Jokes

Answer 55

The most common ways in which racism is demonstrated in a workplace. Reinforces negative racial stereotypes and assumptions.

Question 56

Institutional or Systemic Racism

Answer 56

Occurs when institutions such as governments, legal, medical and educational systems and businesses discriminate against certain groups of people based on race, colour, ethnicity or national origin.

Question 57

What restrictions were put in place in NT during The Intervention?

Answer 57

-Abolition of the permit system, township leases and welfare quarantining
-Increases school attendance measures
-Penalties for alcohol and pornography

Question 58

What was The Intervention’s impact on Aboriginal People?

Answer 58

-Customary law was no longer allowed to be considered in bail applications and sentencing in criminal court cases.
-Income management was applied to all community residents receiving welfare payments
-The successful Community Development Employment Projects program was abolished, and employees were forced onto unemployment benefits.
-Abolished land rights that those communities had.

Question 59

1966 Wave Hill Walk Off

Answer 59

23 August 1966

Question 60

Aim of the Wave Hill Walk Off

Answer 60

-Protest the poor conditions Aboriginal workers had experienced on the station for more than 40 years i.e. work conditions and pay conditions
-Became a movement about land rights

Question 61

What happened in the Wave Hill Walk Off

Answer 61

Wave Hill Walk Off:
-On the 23 of August 1966, Vincent Lingiari led a group of Aboriginal pastoral workers and their families in a walk-off from Wave Hill Station
-The strike protested the poor conditions Aboriginal workers has experienced on the station for more than 40 years.
-WHAT: equal wages and working conditions; BUT turned into land rights.
-They were protesting for dispossession, exploitation, strike action, and recognition.
-Dispossession occurred when the colonial government granted approximately 3000 square kilometres of the Indigenous country for pastoralists and agriculture.
-Exploitation occurred when all Aboriginal peoples were put on rations as they were given minimal necessities so that they could just live.
-Sexual abuse of Aboriginal women and prostitution.
-When the Buchanan family sold Wave Hill this ended in the strike action.
-They sold it for the international meat packing company

OUTCOMES/IMPACTS
-It led eventually to the returning of a portion of their land///In 1973 Gurindji peoples were given a lease over SOME land; in 1975 Whitlam gave soil and states that this land is owned by Gurindji peoples.
-In August 1975 Whitlam came to Daguragu and ceremonially returned a small portion of Gurindji land to the traditional owners (pouring of soil into Vincent Lingiari’s Hand).
-“Vincent Lingiari, I solemnly hand to you these deeds as proof, in Australian law, that these lands belong to the Gurindiji people”.
-Catalyses the development of Aboriginal Land Rights Act (NT) 1976
oImproved and demonstrated self-determination; encouraged national attention towards land rights; triggered legal policy regarding land rights (ALRA 1976); demonstrated need for community consultation.

Question 62

What was the significance of the Wave Hill Walk Off?

Answer 62

-First time the land was returned to Aboriginal People
-Instrumental in heightening the understanding of Indigenous land ownership in Australia
-Catalyst for the passing of the Aboriginal Land Rights (Northern Territory) Act 1976, the first legislation allowing for a claim of title if the Indigenous claimants could provide evidence for their traditional relationship to the land.
-Built momentum + awareness for Abroiginal People rights
Specifically land rights.

Question 63

Campaign for the 1967 Referendum

Answer 63

10 years (1957-1967)

Question 64

Aim of the Campaign for the 1967 Referendum

Answer 64

The 1967 referendum aimed to change two sections of the Constitution in relation to ATSI peoples:
-Aboriginal and Torres Strait Islander peoples would be counted as part of the population
-The Commonwealth would be able to make laws for them.

Question 65

What happened in the 1967 Referendum?

Answer 65

On 27 May 1967, Australians voted to change the Constitution so that like all other Australians, Aboriginal and Torres Strait Islander peoples would be counted as part of the population and the Commonwealth would be able to make laws for them.

-100,000 Australians signed the petition campaign
-90.77 percent of voters affirmed their support.
- The vote was also carried in all states making it the most unified response to a referendum question.

This led to many protests and rallies led by community such as the Gurindji Strike. As we continued to fight for our rights, we began to gain an increase in support from non-Indigenous Australians.

Question 66

Significance of the 1967 Referendum

Answer 66

-Until the 1967 referendum, Aboriginal and Torres Strait Islander people were not included in the census and therefore weren’t considered members of the Australian population.
-Popularly endorsed equal rights
-Helped Indigenous activists develop their skills and encouraged them to believe that change was possible
-Paved the way for the next generation of Indigenous activists, who would focus more on Indigenous rights.