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In our groups’ opinion the government responded adequately to the issues and rights of Aboriginal and Torres Strait Islanders, but there are still issues that necessitate addressing in relation of discrimination and equality. ... The High Court of Australia has only recently recognised that indigenous laws survived invasion by the British and continue to the present time. This recognition has so far only been applied to the ownership and use of the land and waters, but could conceivably extent to other areas of law in which it has not been applied to.
Recognition of customary law has taken the form of specific responses to particular needs: "Recognition, whether judicial or legislative, has been particular rather than general, has been confined to particular jurisdictions and has often depended upon the exercise of discretions rather than existing as of right." Legislation, including sacred site, heritage protection and land rights legislation, has been issue specific. ... 2) altered the position at common law to a considerable extent in relation to Aboriginal customary rights to land and certain customary activities on land. But indigenous customary law has not become a source of law recognized in any comprehensive way. ...
There has been a long standing absence of meaningful official recognition of Aboriginal customary law has had a detrimental effect on all facets of Aboriginal community development and has substantially contributed to many of the social problems and varying degrees of lawlessness present today. ... The failure by successive governments to recognise customary law has resulted in the erosion of Aboriginal cultures. ...
Government was in fact asking if the people of Australia wished to acknowledge that the Aborigines do exist and that their existence should be recognised, that is that they should be counted in the census. ... It has only been since the 1960s that Indigenous people have been allowed to participate in mainstream society on an equal footing and access full citizenship rights including the right to vote, improved access to healthcare, education and welfare and so forth). ...
In the past five years there has also been a strong counter-movement to these changes, which has found expression in the rise of Pauline Hansons One Nation Party. This party has run on a xenophobic and race-based platform, particularly focusing on Indigenous issues - for example, the belief that Indigenous people get special treatment through such measures as recognition of land rights and government program funding etc
A formal equality approach relies on the notion that all people should be treated identically regardless of such differences. ... It also casts light on the change in government policy on Indigenous matters which resulted in the withdrawal of the term self-determination in relation to Indigenous policy. In its place the Government prefers to use a more individualistic notion such as self-empowerment or self-management. ...
In Australia there is no entrenched guarantee preventing the states enacting racially discriminatory legislation and no guarantee at all preventing the federal government from enacting racially discriminatory legislation. ...
The Mabo case further held that as the Crown had acquired sovereignty over Australia, it had the power to extinguish native title by lawful executive and legislative actions, where a clear and plain intention to do so has been indicated.
Approximate Word count = 2596
Approximate Pages = 10.4
(250 words per page double spaced)
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