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Australian Laws on Aboriginal

Traditional law is not and was not a set of laws used by all Aboriginal people throughout Australia. Traditional law refers to the common characteristics of acceptable and unacceptable behaviour in indigenous communities. On this website, this is also referred to as “traditional tradition” and “tradition”. 2. This principle was that, although the natives should, with regard to European property and European subjects. nevertheless be accessible to British law, as long as they practiced their own customs only on themselves and not too directly in the presence of Europeans. They should be allowed to do so with impunity. This conference considers that the fate of indigenous peoples of indigenous origin, but not of full blood, lies in their final adoption by the people of the Commonwealth and therefore recommends that all efforts be directed towards this goal. This land was not originally a desert or populated by the motherland, as it had a much larger population than those who came from the motherland. Nor can it be called a conquered land, since Britain was never at war with the natives, nor a ceded land, it does not in fact belong to any of them, but was a country with a population that had its own customs and customs, and we came to dwell among them: hence in the rigor and analogy “to our law, We are obliged to obey their laws, not to obey them, to obey ours. The reason why the subjects of Great Britain are bound by the laws of their own country is that they are protected by them; the natives are not protected by these laws, they are not admitted as witnesses before the courts, they cannot claim civil rights, they cannot receive recovery or compensation for the lands that have been taken from them and that they have probably owned for centuries. They are therefore not bound by laws that do not grant them protection.

[22] In theory, Aboriginal people should be protected by British law, but in reality they were not. The Aborigines could not effectively defend the accusations against them or lay charges against the Europeans. This was because most Aborigines were not Christians (none were before 1788) and therefore could not testify in British courts. 6pm Phases of the non-recognition policy. Despite doubts and uncertainties, it was firmly established in 1850 that no formal recognition of Indigenous customary rights should be granted. This remained the situation until this century. Instead, the focus was on policies based on “protection” (with the underlying expectation that Indigenous identity and tradition were a rapidly temporary phenomenon). [66] But there was a distinct period in the 1920s and 1930s when attempts were made to recognize Indigenous customary rights. These legislative and administrative responses are of great interest. The Social Services Act of 1959 allowed all Aboriginal people who were not “nomadic or primitive” to receive maternity benefits, widow`s pensions, old age and disability pensions, unemployment and sickness benefits. Prior to 1959, access to these services was subject to exemption from the “protection laws” of indigenous states and territories. Since the end of the twentieth century, legislative bodies have studied the concept of a more formal integration of indigenous laws into post-colonial legal systems.

The reports of the Australian Law Reform Commission[4] and the Law Reform Commission of Western Australia[3] discussed the desirability of recognising customary law in Aboriginal matters. In the Northern Territory, some laws and courts explicitly refer to the usual tradition when it is useful for identifying social relationships and expectations. [6] These changes have sometimes been controversial,[7][8] especially in cases where the usual tradition is inaccurate or violates human rights. [9] The most important development was the 1967 referendum, which paved the way for the Commonwealth to enact special laws relating to indigenous peoples. It was then wrongly attributed in popular literature to the granting of various rights in the 1960s and 1970s. Opposition Leader Gough Whitlam visited the Embassy in the Aboriginal tent and promised that a Labour government would “absolutely reverse” the government`s policy on land rights and allow “land ownership by tribal communities”. He also promised the introduction of a civil rights law that repeals state laws that discriminate against Aborigines, a fully elected legislature in the Northern Territory with an anti-discrimination charter, and free legal representation for Indigenous people to test their rights in court. In June 1950, MP Paul Hasluck tabled a motion calling for cooperation between the Commonwealth and state governments on measures for the “social advancement and protection of peoples of indigenous race.” The motion was seconded by opposition MP Kim Beazley Snr and approved unanimously. Hasluck believed that “the debate was important both as the first post-war opportunity in which Parliament made future policy towards Indigenous Peoples the only subject of debate, and as an example that it was an issue on which a national, non-partisan approach could be taken.” It is obvious that the rejection of the evidence of these natives makes them practically outlawed in their homeland, which they have never alienated or confiscated.

It seems to be morally impossible for their existence to be maintained when they are in a state of weakness and humiliation, which necessarily implies their lack of civilization; they face some of the cruellest and cruelest of our kind, who continue their system of oppression with near-perfect impunity as long as the evidence of Indigenous witnesses is excluded from our courts. [61] This – one of the first of many proposals for special laws and special studies – does not seem to have been taken very seriously by the Australian colonies. The Queensland Queensland Aboriginals and Torres Strait Islanders Affairs Act of 1965 lifted the ban on voting for an “Aboriginal native of Australia or the Pacific Islands”. However, many of the 110 provisions of the Act continued to violate human rights. 12. Severely punishing Aborigines for breaking laws they do not know would obviously be cruel and unjust, but punishing them easily in the first place for breaking the real laws would not cause them much harm. 44. Grey Report (1840). In 1840, the British government presented its views on the application of British laws to Aborigines in a cable to all governors of Australia and New Zealand. [38] These cables contained a report from Captain (later Sir George) Grey with the opinion that his recommendations: In response, the Court simply denied that the binding quality of the laws depended on their effectiveness as “protection”: 3. This principle stems from philanthropic motives and total ignorance of the particular traditional laws of this people.

Similar views were expressed by Judge Willis in Melbourne in 1841 in the Bon Jon case. [45] Willis J. stated that “there is no explicit law that subjects Aboriginal people to our colonial code.” The case did not continue and Bon Jon was handed over to the Protectorate for training. The chief protector, Robinson, was accused by the victim`s relatives of being complicit in his escape,[46] and Bon Jon himself was murdered in a retaliatory murder,[47] which gave weight to Stephen`s argument in Murrell`s case that “the British did not fill a gap with their laws and it was absurd to ignore domestic law while his practice continued.” [48] Willis asked Governor Gipps to bring the matter to Lord Stanley`s attention to the officers of justice. [49] Gipps himself considered passing legislation to clarify the position that Aboriginal people, like any other subject of Her Majesty, were accessible to the courts. [50] However, he was informed by the Supreme Court that the Murrell case had decided the case and that no legislation was required. [51] In South Australia, Justice Cooper was still unwilling to accept that Aboriginal people should always be tried for offences under British law.

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