The government also decided if they could keep their own children (Bringing them home: 26-36). The ‘care and protection’ of the aboriginals was in fact “control and incarceration” (Kidd 1997); (Section 9 of The 1897 Act). This section gave government Protectors the right to remove Aboriginal
These include that it’s not available in all areas, not available to serious offence, such as rape and murder and it’s also not available to previous custodial sentences servers. Whilst Forum Sentencing is available for European Australians, Circle Sentencing is set up for Indigenous Australians. Circle Sentencing is very similar to Forum Sentencing, except it is for Adult Aboriginal offenders are sentenced by their community. Circle sentencing is also based on Aboriginal Customary Law and more traditional indigenous forms of dispute resolution, it also has the full sentencing powers that a court does. A clear example for Circle Sentencing is shown in the article “Sentencing innovation breaking vicious circle of jail terms” (SMH 15/5/03) where it states “it has been so successful that the NSW Attorney-General, Bob Debus, has said circle sentencing will start in Dubbo next month.
Q5. Two laws, the tribal Malo Law and the Queensland Aboriginal and Torres Strait Island Act, governed Eddie Koiki Mabo and his community. On Murray Island, during Eddie’s youth, drinking alcohol and having sex out of wedlock were banned. As a young man Eddie was accused of breaking these laws and, as a result, was exiled from the island and, consequently, his family. Explain how Malo Law exercised by the tribal council was integrated with Queensland State Law resulting in Eddie’s exile.
In a country that prides itself on nationalism, the poor mistreatment of Aboriginal people in their communities does not express the idea of Canadian equality. “Popular usages of race have been based on the assumption that a race is a grouping or classification based on genetic variations in physical appearance, particularly skin colour” (Murry, Linden, and Kendall, 2014, p.274). Race minorities like Aboriginals are already at an unfair disadvantage because of being a minoritiy in Canada. A majority has the option to abuse its power or help those minorities, making equality possible (Murry.2014, p.276). People stereotype a whole minority as one type of people even if its not true (Murry, 2014, p.277).
Introduction There are many disadvantages in the law that Indigenous people suffer with, some attempts have been made to change the relationship between indigenous people and the law of Australia This essay will examine some of those disadvantages and will describe some changes that are needed for Indigenous people of the community so they can regain some social status that has avoided them in the past. The first discussion will address the legal signifance of the Mabo case, define and analyse what took place and what was achieved. The second discussion will look at reconciliation and its role in advancing the rights of Indigenous Australian’s. The
DISCRIMINATION UNDER THE AUSTRALIAN JUSTICE SYSTEM STUDENT NAME ‘All Judges are familiar with certain types of litigant that occupy a disproportionate amount of court time. Yest they also know that some people with just causes lack the means even to approach the courts’. * Murray Gleeson A fundamental concept of the rule of law is that the law is applied equally to all members of a society. Australia, as well as other common law nations around the world, aspires to the rule of law. If it is the case that ‘some people with just causes lack the means to even approach the courts’, this must be a fundamental injustice, directly in contradiction to the principles of the rule of law.
The consequence of these roles and stereotypes has resulted in their disproportional presence as offenders. In which the incarceration rates for Black women are and have always been higher than her proportion to the general population (Lewis, 1981, p. 93 & Russell-Brown, 2004 p. 125). French (1978, p. 333) further elaborated, “The female population had a higher proportion of Blacks than did the male populations.” Historically, and still in some ways the criminal justice system has been biased against African Americans. Furthermore, it has been noted that women are often treated differently within the criminal justice system. Lastly, it has been well documented within the oppression framework that the law is biased against the lower class.
The Stolen Generation. 100 000 Indigenous children separated from their loved ones and communities at a young age (Reconciliaction Network, 2007). Can you imagine the psychological scarring - the fear and confusion? And on the other hand, can you even begin to understand how Australians could have treated the original inhabitants of our land in this way. David Keig, a survivor of this tragedy, wrote of his journey in a poem titled, The Stolen Generation.
When this kind of effect happens to a certain group or population, it could have harmful consequences towards their identity. It is because indigenous Australians economic status, sex, race and ethnicity area affected by the change and became the target for racist comments and ruined their “identity”, in fact, they did not have to face situations like this (racism) prior to the Assimilation Policy, putting them at a higher risk for developing mental problems, that greatly affect the total well being of an individual, tribe or culture (AIHIN 2013). Racism, one out of five Australians experience it everyday (All together now 2014). And it has brought varying effects to people in Australia, especially the Indigenous Australians. Racism has given them the wrong identity of being violent, unhealthy, sickly, poor and uneducated; it is just traumatic, when in fact all of these happened because of their exposure to racism (Creative Spirits 2013).
Although socioeconomic status is also an important variable in the location of these sites, race is the most significant even after controlling for urban and regional differences. Over 15 million African-American, over 8 million Hispanics, and about 50 percent of Asian/Pacific Islanders and Native Americans are living in communities with one or more abandoned or uncontrolled toxic waste sites. Booth (1990) points out that "many of the at-risk communities are victims of land-use decision making that mirrors the power arrangements of the dominant society. Historically, exclusionary zoning has been a subtle form of using government authority and power to foster and perpetuate discriminatory practices." A study by the Environmental Protection Agency concluded that socioeconomic conditions and race are the major factors determining environmental discrimination.