issues for Aboriginal spiritualities in relation to land rights. Flashcards

1
Q

What happened in the Mabo Case? (1992)

A
  • Took Govt. to court, lost the case.

- He wanted the rights of the land of the Merriam people that the Government took away.

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2
Q

What were the results of the Mabo case? (1992)

A
  • He won the land rights, under the circumstances that a continuous connection to the land was observed.
  • Overthrew concept of Tera Nullius.
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3
Q

What did Mabo case victory mean for the land rights movement?

A
  • Terra Nullius ruling overturned.
  • Legacy that Native Title exists under Australian Law.
  • Allowed for Aboriginal people to legally claim ownership of land and water, given that they could demonstrate continued connection through Dreaming, Totems and sacred sites.
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4
Q

What happened in the Native Title act? (1993)

A
  • Covers 40% of government land, leaseholder would override that of the native title holder.
  • Demonstrated favored over the leaseholder due to pressure from farmer and mining industries.
  • Native Title act recognized existence of native title.
  • Native title could only be claimed for vacant or leased government owned land.
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5
Q

What were the effects of NAtive title act?

A

Assisted aboriginal groups to gain economic and social independence.

  • However, connection to land was difficult to prove as aboriginal records were almost always spoken.
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6
Q

What happened in the Wik Case of 1996?

A
  • Pastoralists were concerned by property that they were leased by the government and thus complained.
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7
Q

What were the results of the Wik case of 1996?

A
  • Native title could co-exist with pastoral leases.
  • Allowed access to sacred sites.
  • Amendment to the Native title act.
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