Indigenous rights

• White Aus Policy

  • Exclusion from Aus Constitution
  • Section 51
  • Aus gov make laws for everyone other than Aboriginal race, make special laws
  • Section 127
  • In reckoning no. of people, aboriginal natives shall not be Counted in the census)
• Parliament represents people but when Ind Aus are not counted, there are impacts:

  • Lower representation in parliament for state/territory
  • Lower gov funding 
  • Increased difficulty accessing federal resources
  • Not citizens so not entitled to citizen rights
  • eg) No passports, issues being considered in parliament
• Sec 51

  • Maintained the status quo of "Protection Boards".
  • Some states already had protection boards pre-fed (1901) but others introduced later
  • Through Protect Boards - Stolen generation was able to the
  • Protection Board → State gov board that oversees Indigenous issues

  eg) Child welfare, housing, employment marriages
• Stolen Generation

  • 1910 - 1970s
  • Children forcibly removed from their families
  • However, had removals before and after.
  • Have Aboriginal & Torres die out through natural elimination or assimilated into white communities. (eugenics)
  • Thought their lives would be better if they were white
• Indigenous Institutions

  Reasons why children were stolen

  1. Established protection boards that managed the natives

  2) Breeding out Aboriginal blood (assimilation)

  3) Chief protector had legal custody of all 'native' children (Newle)

  4) Wanted to achieve a civilised society
• Impacts:

  1. Loss of childhood

  2) Loss of identity - no knowledge of family, names, culture

  3) No Voting, citizenship, alcohol, marriage freedom, work freedom

  4) unemployment - could only work in certain industries

  5) Separation of groups based on skin colour in camps.

  6) Domestic / Farm work done by kids
• Examples of Indigenous institutions:

  • Cootamundra girls training home 1912 
  • Girls 7-14
  • Taught girls they were white
  • Boomaderry Aboriginal children's home 1908-1980
  • Replaced family with white family
  • Encouraged to think as white
  • Kinchela Boys home 1924-1970
  • Boys from 7-14
  • Basic education, did labour work
• Exemption certificates

  • Say you will give up your Aboriginal identity
• Aus freedom rights

  Goal:

  • Provoke creative tensions, end segregation
  • Conflict occurred at Moree (segregation)
  • Aboriginal women weren't allowed to try on dresses bc white women would not try them after
  • Dark skin Aboriginal kids weren’t allowed in public pools
• Charles Perkins

  • SAFA leader (student action for Aborigines)
• Impact of Freedom rides:

  • White Aus protesting seg in US and South Africa but ignored Aus
  • Brought attention to issue - national and international
  • Ended seg in pool and RSL
  • Influencing factor in 1967 referendum yes vote
• Voting rights:

  • 1960s voting rights mixed
  • WA - natives (citizenship rights) Act
  • Claim citizenship = can vote
  • “Dog Collar Act” renounce Aboriginal heritage
• Voting rights:+

  • Also had some rights but had barriers in enrolment
  • ~30,000 Ab and TSI denied vote bc of discriminatory legislation
  • NT, QLD, WA
• Voting rights

  • Recommended all indg people be given right to vote
  • Commonwealth Electoral Act 1962
  • Ab and TSI people option to enrol and vote in federal elections
  • Not compulsory (unlike for other Aus citizens) until Commonwealth Electoral Amendment Act 1983
  • State legislation gradually followed after commonwealth Electoral Act for states without voting rights
• 1967 Referendum - Changing the referendum

  • Wanted to change constitution to change:
  • Section 51 (making federal laws)
  • Remove Section 21 (census)
  • But, risky many do not pass
• How to change constitution

  1. Bill proposing alteration - must be passed by both houses of parliament
  2. Referendum held - vote by all Aus people
  3. Double majority - across nation and at least 4/6 states)
• Outcome of referendum:

  • Optimism about possible changes 
  • Fed gov have control of Aboriginal affairs
  • Grant citizenship rights to Aboriginals
  • Wanted:
  • Removal all racial discrimination
  • Realise equality for Aboriginal people
• BUT (outcome of referendum):

  • Coalition gov in power then had no intention of using their newly appointed powers 
  • Coalition gov - group had liberal and labour parties, conservative
• Reasons for YES vote

  • Social injustice
  • Reform across globe
  • Freedom ride & Yirrkala Bark petition
  • Highlighted injustice
• Results:

  • 99.77% YES
  • NT could not vote in 1967, they do not have their own constitution, they get rights from federal constitution 
  • Had right to vote in ref 1977 and self gov 1978
• Aftermath of referendum

  • Holt showed commitment
  • Established CAA - 3 person committee including him to advise him on aboriginal affairs)
  • Gorton lacked commitment after to address issues faced by aboriginal people
  • Reduced staff and refused to meet with council
• Legal precedent

  • Terra nullius
  • No man's land, land belonging to no one
• Arnhem land

  • Land marked as Aboriginal reserve 1931
  • Mar 1963, gov took 300km2 of land
  • Reaction - aboriginal people were concerned about land
• Yirrkala Bark Petitions 1963

  • Beginning of land movement
  • 2 - English and Yolngu Matha
  • Typed on bark sheets
  • Shows significance bc bark sheets used for significant stories
  • Asked for
  • Consultation of mining
  • Recognition of land ownership
• Response of Gov to Yirrkala bark petitions:

  • Committee made - on grievances of Yirrkala Aborigines
  • Acknowledged rights of Yolngu people
• Gov recommended (Yirrkala Bark petitions):

  • Compensation
  • Protection of sacred sights
  • Committee to monitor the mining projects
  • Gov did none of that
• 1968 - Yolngu took action in supreme court

  • First native court case

  1971 - lost case

  • Lost bc no laws so they made a law
• Aboriginal land rights Act:

  • Federal law
  • Claimed land rights
  • Arnhem land returned except mines