Terra Nullius Flashcards

1
Q

What is Terra Nullius and why was it a problematic way to describe Australia prior to colonisation.

A

Terra Nullius is land that is not owned by anyone and is a vacant land. This was problematic in the Australian colonisation as when Captain Cook tried to declare the land as British, he did not abide by any of the laws to own land as it belonged to the Aboriginal people.

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2
Q

What was the protection policy,What short and long term consequences came from the introduction of this policy?

A

In the late 19th and early 20th centuries, the governments of mainland states and the Northern Territory introduced legislation to regulate the lives of many Indigenous people.This legislation is commonly referred to as ‘protection Acts’ because its stated intention was to ‘protect’ Indigenous people.

  • Short term problem - The Board had the power to: move Aboriginal people out of towns; set up managers, local committees and local guardians (police) for the reserves; control reserves; prevent liquor being sold to Aboriginals; and to stop whites from associating with Aboriginals or entering the reserves. It even retained ownership of the blankets it distributed.
  • Long term problem -The Board had sought the power to remove children, but the 1909 Act only gave it the same powers that applied to neglected white children.
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3
Q

Who were the people/groups/organisations involved and what is the historical significance of the protection policy?

A

The board, the duty of the state, premier, aboriginals and institutions such as the United Aborigines Mission Home, Cootamundra Girls Home and the Kinchela Aboriginal Boys Training Home

These Acts were used, in some cases until the 1980s, as a means of implementing policies of protection, separation, absorption and assimilation of Indigenous populations, depending on the prevailing philosophy of governments at the time.

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4
Q

Why was the assimilation policy created and What short and long term consequences came from the introduction of this policy?

A

The assimilation policy was created in 1937 to help the Aboriginals gain the same rights and privileges by partly stopping racism towards the Aboriginals. This policy helped them gain rights in the late 1900s such as the right to social security, voting, wage equality, right to be counted and right to be represented, health, housing, education and training.

.Some of the short and long term problems of the protection and assimilation policies included separate education for Aboriginal children, town curfews, alcohol bans, no social security, lower wages, State guardianship of all Aboriginal children and laws that segregated Indigenous people into separate living areas, mainly on special reserves outside towns or in remote areas. More of the long term was the stepping up the forcible removal of Indigenous children from their families and their placement in white institutions or foster homes.

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5
Q

Who were the people/groups/organisations involved and what is the historical significance of the assimilation policy?

A

The following Ministers attended:

Commonwealth: The Hon. P. Hasluck, M.P., Minister of State for Territories (Chairman). The Hon. H. S. Roberton, M.P., Minister of State for Social Services.

New South Wales: The Hon P. Hills, M.L.A., A./Chief Secretary and Minister for Local Government.
Victoria: The Hon. Murray V. Porter, M.L.A., Minister for Local Government.

Queensland: The Hon. H. W. Noble, M.B., B.S., M.L.A., Minister for Health and Home Affairs.

South Australia: The Hon. G. G. Pearson, M.H.A., Minister of Works.
Western Australia: The Hon. C. C. Perkins, M.L.A., Minister for Native Affairs.

Tasmania: The Chief Secretary of Tasmania, Hon. J. E. Gaha, M.H.A., was represented by Mr. G. C. Smith, Director of Social Services.

The historical significance of the assimilation policy was In the 1950s ‘assimilation’ became a widely accepted goal for all Aboriginal people and was adopted as policy by the Commonwealth and by all State Governments. The policy was defined at the 1961 Native Welfare Conference of Federal and State Ministers.

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6
Q

Why did the Day of Mourning occur, what happened and who were the people and groups involved?

A

The Day of Mourning occured because a group of Aboriginal people decided to respond by holding an Aboriginal Day of Mourning to protest the violence, dispossession and discrimination that Aboriginal people had experienced since 1788. The protest was organised by Jack Patten, William Ferguson and William Cooper, who had set up Aboriginal lobby groups in New South Wales and Victoria.

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7
Q

what is the short and long term consequences and why was the Day of Mourning so significant?

A

Aboriginal organisations in Sydney refused to participate in the government’s re-enactment of the events of January 1788. In response, the government transported groups of Aboriginal people from western communities in NSW to Sydney to partake in the re-enactments. The visitors were locked up at the Redfern Police Barracks stables and members of the Aborigines Progressive Association were denied access to them. This historic day would go on to inspire First Peoples’ activism for the remainder of the 20th century. Following the march, the first ever national meeting of Aboriginal people for citizenship rights was held.

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8
Q

What happened during the period known as the Stolen Generations and why did this occur?

A

In Australia, between 1910 and the 1970s, governments, churches and welfare bodies forcibly removed many Aboriginal and Torres Strait Islander children from their families. The forcible removal of First Nations children from their families was based on the assimilation policies, which claimed that the lives of First Nations people would be improved if they became part of the white society.

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9
Q

What has occurred to try and heal the damage created by the events of the Stolen Generations? Has everyone been supportive of this?

A

The Inquiry’s final report, Bringing them home, was tabled in 1997, and described the physical, psychological and sexual abuse, sexual and labour exploitation, racism, grief and suffering, disruption of family life, and loss of identity, culture, heritage, and community suffered by members of the Stolen Generations and their descendants. Also on 13 February 2008, the Prime Minister Kevin Rudd made a formal apology to Aboriginal and Torres Strait Islander people, in particular to the Stolen Generations, on behalf of the Australian Parliament. Not everyone was supportive of the formal apology as the Liberal party left as he thought that he thought it should be made after the government had closed the gap between outcomes of Indigenous and non-Indigenous people.

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10
Q

Why was the National Apology by Kevin Rudd in 2008 such a significant moment?

A

The national apology was an important part of the healing journey for Stolen Generations survivors. Healing for survivors, their descendants, families, and communities, is crucial to end the trauma cycle, and to overcome the impacts of complex intergenerational trauma that exists as a result of past government policies.

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11
Q

Who was Charles Perkins, what did he achieve and what motivated him/what values and beliefs were driving him to make a difference?

A

Charles Perkins was a civil rights activist who dedicated his life to achieve justice for Aboriginal and Torre Strait islanders. In 1965 Dr Perkins organised a student bus tour around New South Wales to draw attention to the Aboriginal health, education and housing, and to try and stimulate local action. This was called the freedom ride, and it highlighted the state of race relations in Australia. It is recognised as one of Australia’s most significant civil rights events. His achievements included appointments as secretary of the Department of Aboriginal Affairs and chairman of the Aboriginal Development Commission and Aboriginal Hostels. Dr Perkins was a fearless spokesman and renowned activist involved in Aboriginal organisations wherever he lived. The last 30 years of his life were made possible by a kidney donation, and this gift made him determined to make a difference for Aboriginal and Torres Strait Islander people.

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12
Q

What were the short and long term impacts that this movement had on the civil rights movement.

A

The freedom rides were a significant event that drew national and international attention to poor living conditions faced by Aboriginal people and the racism that was rife in New South Wales country towns. It also sparked intense media debate on racial inequity in Australia and galvanised public awareness that it was an urgent reality at home as well as abroad. Through their defiance, the Freedom Riders attracted the attention of the Kennedy Administration and as a direct result of their work, the Interstate Commerce Commission (ICC) issued regulations banning segregation in interstate travel that fall.

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13
Q

why did the Gurindji went on strike in 1966 and the events that followed

A

On 23 August 1966, about 200 Gurindji stockman, domestic workers and their families walked off Wave Hill station in the Northern Territory and refused to keep working for the station owners. The disagreement over wages and land ownership lasted nine years. In 1974 some of the Gurindji people’s homelands were returned to them. This influenced the first legislation, passed in 1976, that allowed First Nations people to claim land title.

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14
Q

Who were the key people and groups involved throughout the Gurindji Strike and…
What were their actions and why did they do this?
What were their values and beliefs?

A

On 23 August 1966, about 200 Gurindji stockmen, domestic workers and their families initiated strike action at Wave Hill station in the Northern Territory. The Gurindji strike was for equal pay, but it was also for respect and recognition. Respect for their dignity as human beings, and recognition of their status as the traditional owners of the land.

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15
Q

What were the short and long term consequences of the Gurindji Strike on the civil rights movement in Australia?

A

The Gurindji strike was instrumental in heightening the understanding of First Nations land ownership in Australia and was a catalyst for the passing of the Aboriginal Land Rights (Northern Territory) Act 1976, the first legislation allowing for a claim of title if the First Nations claimants could provide evidence for their traditional relationship to the land.

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16
Q

Write a paragraph explaining the significance of the Aboriginal Tent Embassy. Address the following in your response:
Why was the Tent Embassy created/what was happening at the time and who was involved?
Short and long term consequences
Overall historical significance

A

Four members of this group – Michael Anderson, Billy Craigie, Bertie Williams and Tony Coorey – drove to Canberra and set up a beach umbrella on the lawns. The tent embassy was also a visible demonstration of Indigenous peoples’ desire to move beyond the policies of assimilation and integration, towards an official recognition of their right to determine their own future. Because the tents looked unprofessional in the lawn outside the Parliament house and the meaning behind why they went were a fret to the government which caused the police to be involved and caused 36 of the policeman to go to hospital and 18 of the Aboriginal people to go to jail. On 26 January 1972, four First Nations men set up a beach umbrella on the lawns opposite Parliament House in Canberra. Describing the umbrella as the ‘Aboriginal Embassy’, the men were protesting against the McMahon government’s approach to Indigenous land rights.

17
Q

Explain the difference between land rights and Native Title. Ensure you explain the different types of Native Title.

A

Land rights:
-Has statutory origins i.e. created by government actions;
-Achieves ownership more fully as Land rights are recognised in the form of alienable freehold title, meaning exclusive possession is able to be exercised;
-Land available to be claimed is limited, as it must be Crown land that is deemed unneeded (at present or in the future), unused and unoccupied
-Does not require the title holder to have a traditional or customary connection to the land (other then under the Aboriginal Land Rights (Northern Territory) Act 1976)
-Different types - Yirrkala Bark Petitions, Wave hill walk of, Land rights legislation, Mabo case and the Native title act.

Native title:
-Has common law origins i.e. courts recognising pre-existing rights and interests in the land
-Includes the controversial requirement of having to prove a traditional ongoing connection to country
-Land available to be claimed is less limited, and can include vacant crown land, reserves, parks, forests, beaches, some leases, land held by government agencies or First Nations Peoples
-Provides the Native Title holder with a bundle of rights and interests in the respect of the land but does not result in ownership or guarantee decision-making-powers. Title is usually non exclusive.
-Different types - Native title comes in two forms: non-exclusive possession and exclusive possession.

18
Q

Who were the key people and groups involved throughout Mabo Decision and…
What were their actions and why did they do this?
What were their values and beliefs?

A

The case was led by Edward Koiki ‘Eddie’ Mabo, with Celuia Mapo Salee, James Rice, Sam Passi and Father Dave Passi, on behalf of the Meriam people of Dauer, Waier and Mer of the Murray Island Group in the Torres Strait, claiming ownership of their traditional lands. In recognising the rights of the Meriam people, the Court also found that Indigenous peoples around Australia continue to hold rights to their land and waters arising from their traditional laws and customs, unless these rights had been legally extinguished. For native title to be recognised, those laws and customs must have continued to be acknowledged and observed substantially uninterrupted by each generation since the time of settlement.

19
Q

What was the Mabo Case

A

On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people.

20
Q

What were the short and long term consequences of the Mabo Decision and why was it such a historically significant moment?

A

The Mabo decision was a turning point for First Nations rights and led to the Australian Parliament passing the Native Title Act in 1993. Native title is the legal recognition that some First Nations people have rights to certain land through their traditional laws and customs which predated the British.The judgements of the High Court of Australia in the Mabo case No. 2 introduced the principle of native title into the Australian legal system. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people.

21
Q

Explain what reconciliation is and what steps have been taken to encourage (or discourage) it within Australia

A

Reconciliation Australia is an independent not-for-profit organisation which promotes and facilitates reconciliation by building relationships, respect and trust between the wider Australian community and Aboriginal and Torres Strait Islander peoples. Reconciliation Australia’s ambition is to enable all Australians to contribute to the reconciliation of the nation. Their vision of reconciliation is based on five interrelated dimensions: race relations, equality and equity, unity, institutional integrity and historical acceptance. The Aboriginal and Torre Strait Islander Recognition Act 2013 recognises Aboriginal and Torres Strait Islander peoples were the first inhabitants of Australia and makes commitments to holding a referendum proposing constitutional recognition of Aboriginal and Torres Strait Islander peoples including undertaking a review to determine the workings of the referendum.