Treaty essay Flashcards
Law reform points
1846 petition to Queen Victoria
Informal pressure groups - TAC, Michael Mansell (Chairman), general public + blm movement\
Formal pressure groups - Tas Greens (26 Jan 2015), Tas Labor (2018 election promise)
State issue due to 1967 referendum making aboriginal affairs a concurrent power, previous residual “other than the aboriginal race” for law making in s51
International law points
UN Declaration on the Rights of Indigenous Peoples (UNDRIP) - soft law
Endorsed by AU in 2009, after being 1 of 4 who voted against in 2007
UN General assembly - makes soft + hard law , 193 member states
soft law not legally binding to signatory states
Weakness: based on cooperation, no body can override laws of nation states
Statute law points
Truth telling commission established under Commissions of Enquiry Act 1995 (TAS) or statute law passed through bicameral parliament
Bill introduced by govt, following initiation process from cabinet and report
bill drafted by parliamentary counsel on advice of mp (premier)
Strength: parliamentary counsel ensures legal clarity due to knowledge in law.
Bill introduced to house of asssembly, three readings, same in legislative council
royal assent
March 2022 gutwein : ‘ the Government will establish an Aboriginal Advisory body’ ‘ led by Tasmanian Aboriginal people
weakness: slow process, bill has not been introduced, law reform unfinished
Customary law points
Cultural law that aboriginals use in their societies
determines appropriate behaviour for food, marriage, rights, religious duties, punishments
Law historically not recognised by cth due to terra nullius - losing culture, rights
1992 mabo overturned terra nullius
native title has never been successful tas, rodney dillon case overturned in hbt magistrate 2002 for fishing rights,
pressured state government to introduce aboriginal lands act 1995, hand over 12 parcels of land to community.
