A number of cases concerning Indigenous people’s land rights have been heard in Australian courts in recent years. The Mabo v. Queensland case led to recognition of the prior land rights of Australian Aboriginal people by the common law of Australia.In Mabo v. Queensland (1988), Eddie Mabo instigated proceedings in original jurisdiction of the High Court to have the Queensland Coast Islands Declaration Act (1985) declared invalid. As it was in conflict with the Commonwealth’s Racial Discrimination Act 1975 The High Court held that the Queensland Act and the Federal Act were both valid. However, the both acts were inconsistent and according to the inconsistency rule in s.109 in Constitution the Queensland Act was declared invalid. This decision leads to the second case of Mabo v. Queensland .The High Court decision in Mabo v. State of Queensland (1992) 107 ALR 1 overthrew the belief that Australia was terra nullius when the English occupied it in 1788.
The Crime and Disorder Legislation was created on 2nd December 1997 but received Royal Assent in July 1998. The key areas of the Crime and Disorder Legislation is the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, granting local authorities more powers/responsibilities to reduce crime and disorder, Parenting Orders and the introduction to laws regarding ‘racially aggravated’ offences. This act abolished the fact that a person between ten and fourteen years old can commit an offence. The Legislation also abolished the death penalty if you committed treason or piracy. ASBO's The act also introduced an ASBO (Anti-Social Behaviour Order).
The problem is that Malaysia has not signed with any of the UN’s conventions, and therefore the asylum seeker that may be sent over to that country may not be able to live in conditions that follow what rights they own. The national director of Amnesty International Australia told the Sydney Morning Herald that in Malaysia ‘asylum seekers die of disease in detention,’ and they had ‘evidence of people who are fleeing torture being beaten with sticks, including women.’ This incident goes against human rights against torture. The Convention against Torture (CAT) acknowledges this right by stating that torture is ‘any act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person… when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.’ The Universal Declaration of Human Rights also recognizes the rights of human beings and Article 5 stresses, ‘that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,’ allowing humans to live with dignity. A glass ceiling is a metaphor used to describe a barrier within a workforce which separate women and men. Although it is not made obvious to anyone, it can be clearly seen with statistics, showing the difference in pay between the different genders.
To be a refugee or an asylum seeker involves the loss of certain rights, without these rights, refugees become socially insignificant and vulnerable to schemes of misrepresentation. This essay will discuss how the media increasingly represents refugees as a potential threat to the security of Western host countries, and how this has led to the criminalization of refugees. It will use a Focouldian approach to look at how refugees re routinely constructed as a deviant population allowing for the validation of repressive state responses and refugee camps as sites of incaceration and mechanisms of control. A refugee, according to the definition of the 1951 Geneva Convention, as extended by the 1971 New York Protocol, is a person who is outside his or her country of origin and unable or fearful to return to it “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” (Department of International Protection, 2010). The Convention is the basic international instrument concerning refugee protection (Gibney, 2010).
More restrictions were added in the 1890s. In 1901 the Federal Government introduced the White Australia Policy. c) What was the outcome for the four Chinese men? On arrival in Tasmania, William Joseph Heang and George Henry Heang presented customs a birth certificate stating the birth place as; Tasmania. Whereas Ah Wah and Ah Toon presented customs a certificates of Naturalization, which was unsuccessfully accepted and were instantly shipped back to Melbourne.
What impact this period of time had on the environment: Vietnam was temporarily partitioned at the 17th parallel, and under the terms of the Geneva Accords, civilians were to be given the opportunity to move freely between the two provisional states for a 300-day period. Elections throughout the country were to be held in 1956 to establish a unified government. Around one million northerners, mainly minority Catholics, fled south, fearing persecution by the communistsfollowing an American propaganda campaign using slogans such as "The Virgin Mary is heading south", and aided by a U.S. funded $93 million relocation program, which included ferrying refugees with the Seventh Fleet. It is
In September, 1846, there were discussions in the Legislative Council in NSW as to the need for some control to be made over “intercolonial legislation.” Two weeks later, Governor Fitz Roy suggested “some superior functionary” be appointed, with the power to review and, if necessary, disallow legislation of all colonies on anything other than local matters. These suggestions have been regarded as the first move towards Federation. The next move came from Britain, when, in 1847, Earl Grey, then the Secretary of State for the colonies, suggested a “central authority” be created in Australia to regulate matters affecting more than one colony. Then, in November 1880, an intercolonial conference in Melbourne, attended by representatives from NSW, SA and Victoria, agreed to resolutions moved by Henry Parkes in favour of the establishment of a Federal Council. As you can tell by reading this, there were many reasons how and why Australia became a Federation.
Loos, Noel, Invasion and Resistance, Canberra, ANU Press, 1982. Nettheim, Garth, Victims of the Law: Black Queenslanders Today, Sydney, George Allen & Unwin, 1982. Mellor, David, Contemporary Racism in Australia: The Experiences of Aborigines; Deakin University, Australia Personality and Social Psychology Bulletin, Vol. 29, No. 4, 474-486 (2003) Tatz, Colin, Race Politics in Australia: Aborigines, Politics and Law, Armidale, University of New England Publishing Unit, 1979.
These cases surveyed the rights of Indigenous Australians. In the Mabo Case the High Court ruled against the Commonwealth. They decided that native title still existed and introduced the Native Title Act (1993) to re-establish power. Further to illustrate this point, the political implications of the Toonen Case reveal that the Tasmanian State law was found to be in breach of international Human Rights law which then provided the Commonwealth legislation the power to override that of the State. This case reinforces the authority of the Commonwealth over the States outlined under the external affairs power in international
First, the border patrol definitely denies entry of known terrorists into the United States. Second, anyone with any sort of ties to terrorism will be denied entry into the United States. The process of getting visas has also become more difficult in that immigration officials perform a more thorough investigation of one’s personal information. For example, anyone with a student visa must have their school enrollment and regular class attendance verified. This is done to prevent a terrorist from using a student status as a cover-up to allow admittance to this country with the intention to commit acts of terrorism.