Week 12 Lecture

Question 1

How long had aboriginal people occupied the land before 1788?

Answer 1

Aboriginal people had occupied the land for 40,000 years.

Question 2

How many aboriginal nations were there prior 1788?

Answer 2

500

Question 3

How many aboriginal languages were spoken in Australia prior to 1788?

Answer 3

Over 1700.

Question 4

How many aborigines were in Australia prior to 1788?

Answer 4

300,000.

Question 5

How big were Aboriginal tribal sizes in Australia prior to 1788?

Answer 5

300,000

Question 6

In Aboriginal societies was their any separation of law from religious and kinship aspects?

Answer 6

No.

Question 7

Did norms exists in Aboriginal society prior to 1788?

Answer 7

Yes, a set of binding norms of conduct existed.

Question 8

How was law disseminated in Aboriginal culture prior to 1788?

Answer 8

Oral culture, dance rituals and sacred objects.

Question 9

What are the foundations of indigenous religious, moral and legal systems?

Answer 9

Dreamtime and dreaming.

Question 10

Do Aboriginal societies have role of kinship?

Answer 10

Yes this is signifigiant.

Question 11

How many legal systems to indigenous people consider to be operating in Australia?

Answer 11

2

Question 12

Has there been evolution of indigenous law?

Answer 12

Yes, significant.

Question 13

What disadvanatges have occured to indigenous people as a result of colonisation?

Answer 13

Lower rates of employment
Income disparity
Educational levels
Quality of housing and living arrangements
More likely to come into contact with the criminal justice system

Question 14

What kind of obstacles are there for indigenous people accessing human rights?

Answer 14

Historical and contemporary obstacles

Question 15

What does denial of human rights cause?

Answer 15

Disadvantage.

Question 16

Have indigenous people been prevented from voicing human right concerns?

Answer 16

yes, world wide.

Question 17

What are indiginous people?

Answer 17

“Indigenous people” = self-identification, historical continuity, special relationship with land, culture and distinctiveness

Question 18

What does the UN declaration of rights of indigenous people include?

Answer 18

Declaration contains the “minimum [international] standards for the survival, dignity and well-being of the Indigenous peoples of the world” [art 43].

Question 19

What does the UN Declaration on the Rights of Indigenous Peoples intrepet?

Answer 19

Interprets how existing human rights obligations under international law apply to Indigenous people

Question 20

How long did it take the UN Declaration on the Rights of Indigenous Peoples to be drafted?

Answer 20

20 years

Question 21

Has Australia endorsed the UN declaration of rights of indigenous people?

Answer 21

Yes.

Question 22

What is the colloquial term for the government policy for removal of Aboriginal children from family?

Answer 22

Stolen generation.

Question 23

When did removal of Aboriginal children continue until?

Answer 23

1969.

Question 24

What year did Kevin Rudd apologise to the indigenous australians?

Answer 24

2008.

Question 25

What case held that cultural loss was compensable?

Answer 25

Cubillo v Commonwealth (No 2) (2000) 103 FCR 1.

Question 26

What occurred in the 1967 referrendum?

Answer 26

Constitutional amendment of race power.

Question 27

With native title, who are property rights held by?

Answer 27

Indigenous people

Question 28

What is native title?

Answer 28

Right to use the land in accordance with customs and tradition.

Question 29

What is radicial title?

Answer 29

English property law – ALL LAND is vested in the Crown

Question 30

What is the most common land ownership in Australia?

Answer 30

radicial title.

Question 31

What does indigenous property law typically consist of?

Answer 31

Indigenous property law typically involves communal rights of access, use and occupation
Generally, exclusive possession is foreign
BUT some groups did (and do) exercise exclusivity
Main idea is one of communal uses and benefit deriving from the land

Question 32

In indigenous property law, what is exclusive possession?

Answer 32

Foreign.

Question 33

What is the main idea behind indigenous property law?

Answer 33

Communual uses and benefits deriving from the land.