This decision rejected the doctrine of terra nullius. It recognised for the first time that Aboriginal and Torres Strait Islander peoples who have maintained a continuing connection with their country, according to their traditions and customs, may have their rights to land under traditional law recognised in Australian law.
Click here to read the Mabo Case No. In , the Native Title Act was passed to recognise and protect surviving native title rights throughout Australia and set up a process for settling claims and conflicts about native title. The Act:. In the Wik case, the High Court held that pastoral leases in Queensland do not necessarily cancel out native title rights and interests and that they could co-exist with the rights of pastoralists.
The amendments:. The Croker Island case recognised that native title could exist on sea country but that any native title rights that were recognised must not exclude the rights of any other person. In the Ward case, the High Court found that native title is made up of a bundle of rights and that these rights can be extinguished either in part or as a whole. One way native title rights are extinguished is by the grant of inconsistent non-Indigenous interests in the same area of land.
For example, the creation of a pastoral lease in Western Australia extinguishes the right of the traditional owners to exclusive possession of that land. However, it does not extinguish the rights of the traditional owners to enter the land in order to hunt or fish or perform ceremonies, because these rights can co-exist with the rights of the pastoralist.
In the case of freehold, native title is completely extinguished. The High Court found that in order to have native title recognised, the claimant group must show that it, or its members have practised their traditional laws and customs continuously since European settlement. Hospital statistics relating to Indigenous people , Occasional Paper, Self-assessed health status of Indigenous Australians , Occasional Paper, Indigenous mothers and their babies - health statistics, , National Perinatal Statistics Unit, Australian Institute of Health and Welfare, Henry Reynolds, The other side of the frontier: an interpretation of the Aboriginal response to the invasion and settlement of Australia , James Cook University, Townsville, Henry Reynolds, Why weren't we told?
A personal search for the truth about our history , Viking, Ringwood Victoria, Roadmap for Reconciliation , Council for Aboriginal Reconciliation, Mabo No.
Pollack, D. Note that the report will be released in November The United Nations High Commissioner for Human Rights has explained the basis for recognising this relationship as follows: 'Indigenous or aboriginal people are so-called because they were living on their lands before settlers came from elsewhere; they are the descendants - according to one definition - of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived, the new arrivals later becoming dominant through conquest, occupation, settlement or other means I ndigenous people have retained social, cultural, economic and political characteristics which are clearly distinct from those of the other segments of the national populations.
The difference in John Deeble's and Access Economics' figure is because the latter is based on a greater estimate of Indigenous health needs. Northern Territory - Being 'aboriginal or half-caste' if the Chief Protector believed it was necessary or desirable. Queensland - For 'aboriginal' children, and 'half-cast' children living with Aboriginal parent s , if the Minister ordered it. These laws did not apply to Torres Strait Islanders.
South Australia - Legitimate children that is, children whose parents were lawfully married could only be removed if they were over 14 or had an education certificate.
Illegitimate children could be removed at any time if the Chief Protector and State Children's Council believed they were neglected. Victoria - If the Governor of the State was satisfied the child was neglected or left unprotected.
From , for the better care, custody and education of the child. Western Australia - Police, protectors and justices of the peace could remove any 'half-caste' child to a mission. Extended to all 'natives' under 21 in Where were the children placed?
How many children were removed? What were the consequences of the removals? Table Established the Aboriginal Lands Trust of South Australia made up of Aboriginal members and provided for the transfer of former Aboriginal reserves to the control and management of Aboriginal communities. Returned over , square kilometres in remote north-west South Australia to the traditional owners. Returned 81, square kilometres of former reserve land in central western South Australia to the traditional owners.
These blocks were finally returned once they were made safe in March The first was the Aboriginal Lands Act Each Act transferred ownership of small areas of reserve or mission lands to trusts or Aboriginal organisations. No claims process established. These small areas make up a very low proportion of the area of Victoria. Some national parks, including Uluru and Kakadu, were also returned on condition that the owners would share their management with the National Parks and Wildlife Service.
A claim process was set up which allowed traditional owners to lodge claims to other Crown land until Claims are heard by Aboriginal Land Commissioners who make recommendations to the Federal Government. Here are some interesting facts about Aboriginal and Torres Strait Islander Australians that you may not have heard of before. The traditional owners of the land which archaeological evidence confirms is the oldest continuous civilisation on earth, extending back over 65, years.
They were among the first humans to migrate out of Africa, across the coastlines of India and Asia until reaching the shores of Australia. Aboriginal and Torres Strait Islanders are not one homogenous group — they are a diverse group of hundreds of nations or cultural groups and clans within those nations. It has been estimated that around languages and dialects were spoken at the time of colonial invasion in in over different nations , many with very different and distinctive cultures, beliefs and languages.
Find the Traditional Custodians of the land you're on. They are of Melanesian origin and have differing identities, histories and cultural traditions to Aboriginal Australians. The Torres Strait Islands are a group of about small islands distributed across an area of 48,km 2.
Not all Islanders live on the Torres Strait Islands — 64 percent live in Queensland on both the mainland and islands. This phenomenon is often referred to as the "Torres Strait diaspora". Today, Aboriginal and Torres Strait Islanders make up approximately 3. First Nations people continue to have a much younger age profile than the non-First Nations population. More than half 53 percent of Aboriginal people are aged under Over one-third of First Nations Australians live in major cities but remote communities face much more substantial levels of disadvantage.
The Aboriginal Flag was designed in the s and its colours represent different aspects of Aboriginal life. The black symbolises Aboriginal people, the yellow represents the sun and the red represents the earth and the relationship between people and the land.
The Torres Strait Islander Flag was designed in the s and features a white dharri or deri a type of headdress with a five-pointed star representing the different island groups.
Last year, he visited Arnhem Land in the far north of the Northern Territory, where he ran the government from a tent. For most of this week, Mr Abbott is running the government from a defence facility on Thursday Island, one of the 17 inhabited islands in the strait, before moving to Bamaga in the Cape York region on the mainland.
The most northern island is about 4km 2. The islands and their waters and reefs are home to many rare and unique species such as the endangered dugong and various turtle species, as well as saltwater crocodiles. The traditional people of Torres Strait are of Melanesian origin and speak two distinct languages. They are distinct from Aboriginal Australians living on the mainland. Over the past 25 years, archaeologists working in the Torres Strait have found evidence of human settlement dating back 2, years.
There are about 6, Torres Strait Islanders who live in the strait and an estimated 42, living outside the islands, mostly in north Queensland.
Aboriginal identities can also directly link to their language groups and traditional country a specific geographic location , for example, Gunditjamara people are the traditional custodians of western Victoria, the Gadigal people of the Eora nation are from Sydney, and the Yawuru people are the traditional custodians of Broome in Western Australia.
Torres Strait Islander people prefer to use the name of their home Island to identify themselves to outsiders, for example a Saibai man or woman is from Saibai, or a Meriam person is from Mer. Many Torres Strait Islanders born and raised in mainland Australia still identify according to their Island homes. In Australia, there are a range of specific grants, scholarships, university courses or government programs directly intended for Aboriginal and Torres Strait Islander people.
To access these programs or services, which have generally been established to address the historical social, health and educational disadvantage of Indigenous people, Aboriginal and Torres Strait Islander peoples may be asked to confirm their Aboriginal or Torres Strait Islander heritage.
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