Aboriginal Studies

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Aboriginality And Land

Welcome

Land and Water Rights

Government Policies and Legislation

Non-Aboriginal Responses

Bibliography

Government policies and legislation
OUTCOMES
H2.1 analyses the importance of land as an aspect of contemporary issues compacting on Aboriginal peoples
H2.3 discusses and analyses consequences of colonisation on contempoary Aboriginal cultural,
political, social and economic life
H3.2 evaluates the impact of key government policies legislation and judicial processes on the
socioeconomic status of Aboriginal peoples and communities

Key Concepts

Legal system:
These are the processes involved in making the law, administering and interpreting the law and finally enforcing the law.

Political system:
These are the processes involved in the decision making for a society or community.

Autonomy:
Autonomy is the self-government of a country, community or body (sporting, cultural etc) whereby the political and legal processes of that country, community or body are under the control of its members.

Overview

In previous sections we have looked at the history of the Land Rights movement including relevant Federal and State Legislation. We now need to move on to assess the impact of government policies, legislation and judicial processes and the importance of land to Aboriginal peoplesí socio-political status.

The increased activism of Aboriginal peoples during the 1960s gained national exposure and the sympathies of the Australian public to such an extent that the proposed referendum of 1967 gained bipartisan support and a majority in all states although on closer examination, we find that a majority of the No votes registered were from rural areas and in some states such as NSW and Queensland virtually double the urban vote. As the generalities of the referendum became policies in the Whitlam era bipartisan support was lost and thereafter this underlying opposition and fear of many in rural areas and to a lesser extent in urban areas came to the fore and continued to dog efforts for progress in fulfilling the socio-political aspirations of Aboriginal peoples. The success of the referendum gave hope to Aboriginal peoples that past wrongs would now be addressed. The McMahon governmentís failure to utilise the new Commonwealth powers to fulfil Aboriginal aspirations led the establishment of the Tent Embassy and contributed in the fall of the government.

The Whitlam government increased spending significantly, established a Department of Aboriginal Affairs and established the National Aboriginal Consultative Committee and yet were unable to fully match action with policy. After the removal of the Whitlam government Land Rights could no longer be ignored in policy making but the pull of different and often powerful economic interest groups in society led to the dilution of policies at all levels of government, e.g. The Northern Territory Land Rights Legislation initially created by the Whitlam government passed by the Fraser government with amendments and the failure of the Hawke labour government to introduce uniform national Land Rights legislation. The replacement of the NACC by the National Aboriginal Council in 1981 and the establishment of the Aboriginal Development Committee did represent a philosophical shift away from assimilation to a greater role for Aboriginal people in deciding their own future.

Some progress during this period was achieved in the return of land to Aboriginal people with the establishment of land councils, e.g. NSW Land Rights Act 1983 but it was not always matched with appropriate funding and autonomy in the running of all facets of the communities. Either communities where burdened with funding through a myriad of government departments, and white bureaucracies, or left to their own devices with minimal or inappropriate funding given their extreme socio-economic disadvantage. It is therefore little wonder that despite extensive debate, increased funding, and the return of some land, the Aboriginal community remained and still is the most socio-economically marginalised group in our society.

The participation of Aboriginal people during this period in Federal and State elections and governments had little substantive impact on Aboriginal issues due to the overriding importance given to other more powerful interests This is in contrast to the local council level of government where the success of the Aboriginal majority on the Wiluna Shire council in WA between 1987 and 1993 showed the potential of Aboriginal self-government. The formation of ATSIC in 1990 gave Aboriginal people a greater say over their affairs but was still far short of giving Aboriginal people true autonomy.

The Mabo decision and other legal challenges from the 60s through to the 80s helped remove the fallacy of terra nullius. Aboriginal custom as a source of law was also recognised. The Mabo decision could only be overridden by legislation. Any such legislation would also be subject to other legislation such as the Anti-Discrimination Act of 1975. Therefore Mabo and the later Wik decision, though not returning any land to Aboriginal people, raised the profile of Aboriginal issues generally and forced a more lengthy process of negotiation and political manoeuvring. This can be seen in the governmentís attempts to push through their ten-point plan in response to the Wik decision before the change in the members of the senate after the election. Aboriginal voices where prominent throughout the debates on Native Title and Wik and yet negotiations in parliament were between people of European descent only.

The stringent conditions for the granting of native title are such that few claims until now have been granted and the majority of people of Aboriginal descent due to dispossession and removal are unable to lodge any claim at all. This continued dispossession and dominance of Europeans in Aboriginal affairs has resulted in the call by an increasing number of Aboriginal people for autonomy so that Aboriginal people with appropriate funding and freedom can apply Aboriginal solutions to Aboriginal problems. Overseas experience in places such, as Canada in Yukon and locally in Ngaanyaatjarraku shire are possible directions for future Aboriginal autonomy.

Sample questions

SECTION II

(30 marks)
PART A: ABORIGINALITY AND THE LAND

Question 8
The Indigenous leadership must become adept at combining radical and moderate strategies with a view to securing much needed, and indeed desperately needed results.
Noel Pearson 1994

(a) Read the above quote and answer the following questions.
(i) Give an example of a moderate strategy which has succeeded in bringing about a change in government policy to Land rights. Explain the change and how it was achieved. (5 marks)
(ii) Give an example of a radical strategy which has succeeded in bringing about a change in government policy to Land rights. Explain the change and how it was achieved. (5 marks)

(b) Evaluate the impact of government policy and legislation, both Federal and State, on Land Rights since the 1960s. Illustrate your answer by using your Local Aboriginal Community Case Study. (20 marks)

Marking criteria for sample questions

Question (a) (i)
Gives an example and clearly explains the change and how it was be achieved. (4-5 marks)

Gives an example and generally explains the change or how it was achieved. (2-3 marks)

Gives an example. (1 mark)

Question (a) (ii)
Gives an example and clearly explains the change and how it was be achieved. (4-5 marks)

Gives an example and generally explains the change or how it was achieved. (2-3 marks)

Gives an example. (1 mark)

Question (b)
In your response you should:
- consider the Key concepts in the question
- illustrate the extent of the impact
- clearly answer the question and draw appropriate conclusions.

Comprehensive understanding and synthesis of concepts as well as a critical analysis of the link between government policy and legislation and land rights.

Clearly links these to impact and uses community specific examples to illustrate

(17-20 marks)

Analysis of the extent to which government policy and legislation is applicable to their Local Aboriginal Community Case Study.

Identifies the community and clearly understands concepts and relationship between government policy and land rights.

Provides some relevant examples that are contemporary and describes the impact of government policy and legislation.

(13-16 marks)

Identifies the community and generally addresses focus of land rights. Shows understanding of government policies and legislation and limited discussion on the community. Lacks depth in analysis.

(9-12 marks)

Identifies the community and shows a general understanding of land rights.

(5-8 marks)

A limited understanding of government policy and legislation.

Identifies the community and shows some relevant knowledge concerning land rights.

(1-4 marks)