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From Mabo to Yorta Yorta: Native Title Law in Australia
Washington University Journal of Law & Policy Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples January 2005 From Mabo to Yorta Yorta: Native Title Law in Australia Lisa Strelein Australian Institute of Aboriginal and Torres Strait Islander Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Indian and Aboriginal Law Commons Recommended Citation Lisa Strelein, From Mabo to Yorta Yorta: Native Title Law in Australia, 19 WASH. U. J. L. & POL’Y 225 (2005), https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/14 This Rights of Indigenous Peoples - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. From Mabo to Yorta Yorta: Native Title Law in Australia Dr. Lisa Strelein* INTRODUCTION In more than a decade since Mabo v. Queensland II’s1 recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward2 and Yorta Yorta3 in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Article briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources. -
Tripartite Test
HIGH COURT OF AUSTRALIA 11 February 2020 LOVE v COMMONWEALTH OF AUSTRALIA; THOMS v COMMONWEALTH OF AUSTRALIA [2020] HCA 3 Today, the High Court, by majority, answered a question in two special cases to the effect that Aboriginal Australians (understood according to the tripartite test in Mabo v Queensland [No 2] (1992) 175 CLR 1) are not within the reach of the power to make laws with respect to aliens, conferred on the Commonwealth Parliament by s 51(xix) of the Constitution ("the aliens power"). That is the case even if the Aboriginal Australian holds foreign citizenship and is not an Australian citizen under the Australian Citizenship Act 2007 (Cth). The tripartite test requires demonstration of biological descent from an indigenous people together with mutual recognition of the person's membership of the indigenous people by the person and by the elders or other persons enjoying traditional authority among those people. The plaintiffs, Mr Thoms and Mr Love, were both born outside Australia and are not Australian citizens. Mr Thoms was born in New Zealand on 16 October 1988 and became a New Zealand citizen by birth. He has resided permanently in Australia since 23 November 1994. Mr Thoms is a descendant of the Gunggari People through his maternal grandmother. He identifies as a member of that community and is accepted as such by members of the Gunggari People. He is also a common law holder of native title. Mr Love was born on 25 June 1979 in the Independent State of Papua New Guinea. He is a citizen of that country but has been a permanent resident of Australia since 25 December 1984. -
Article by Maria Joseph ONE NIGHT the MOON Directed by Rachel
Area of Study 2 Article on One Night The Moon by Maria Joseph Context: The Imaginative Landscape Article by Maria Joseph ONE NIGHT THE MOON Directed by Rachel Perkins One Night the Moon is directed by Rachel Perkins and was released in 2001. Perkins is an Indigenous Australian, an Arrernte woman from the Central Desert region near Alice Springs. She grew up in Canberra, the daughter of renowned Aboriginal activist Charles Perkins, who died whilst the film was in production. One Night the Moon is dedicated to his memory. Like her father, Perkins is concerned with the social and political rights of Aboriginals in contemporary Australia. Her films Radiance (1998) and Bran Nue Dae (2010) centre on Aboriginal issues, and her television series The First Australians (2008) gives an Aboriginal viewpoint of Australian history. Paul Kelly is a principal actor and musician in One Night the Moon, playing the father, Jim. As a musician he is known for his insightful lyrics that comment on modern Australian life. At the time of making One Night the Moon, Kelly was married to Kaarin Fairfax, who plays Rose. Their actual daughter, Memphis, plays Emily. The Imaginative Landscape in One Night the Moon At one level ‘The Imaginative Landscape’ can be simply interpreted as having to do with representations of the land. Writers and directors create the settings of their narratives in order to convey meaning. We all know that a thunderstorm or wild wind suggests something dramatic or tragic is likely to happen in the story. A narrative with a negative outcome or a critical message may be set in a landscape that conveys pessimism, such as a grungy cityscape. -
David Stratton's Stories of Australian Cinema
David Stratton’s Stories of Australian Cinema With thanks to the extraordinary filmmakers and actors who make these films possible. Presenter DAVID STRATTON Writer & Director SALLY AITKEN Producers JO-ANNE McGOWAN JENNIFER PEEDOM Executive Producer MANDY CHANG Director of Photography KEVIN SCOTT Editors ADRIAN ROSTIROLLA MARK MIDDIS KARIN STEININGER HILARY BALMOND Sound Design LIAM EGAN Composer CAITLIN YEO Line Producer JODI MADDOCKS Head of Arts MANDY CHANG Series Producer CLAUDE GONZALES Development Research & Writing ALEX BARRY Legals STEPHEN BOYLE SOPHIE GODDARD SC SALLY McCAUSLAND Production Manager JODIE PASSMORE Production Co-ordinator KATIE AMOS Researchers RACHEL ROBINSON CAMERON MANION Interview & Post Transcripts JESSICA IMMER Sound Recordists DAN MIAU LEO SULLIVAN DANE CODY NICK BATTERHAM Additional Photography JUDD OVERTON JUSTINE KERRIGAN STEPHEN STANDEN ASHLEIGH CARTER ROBB SHAW-VELZEN Drone Operators NICK ROBINSON JONATHAN HARDING Camera Assistants GERARD MAHER ROB TENCH MARK COLLINS DREW ENGLISH JOSHUA DANG SIMON WILLIAMS NICHOLAS EVERETT ANTHONY RILOCAPRO LUKE WHITMORE Hair & Makeup FERN MADDEN DIANE DUSTING NATALIE VINCETICH BELINDA MOORE Post Producers ALEX BARRY LISA MATTHEWS Assistant Editors WAYNE C BLAIR ANNIE ZHANG Archive Consultant MIRIAM KENTER Graphics Designer THE KINGDOM OF LUDD Production Accountant LEAH HALL Stills Photographers PETER ADAMS JAMIE BILLING MARIA BOYADGIS RAYMOND MAHER MARK ROGERS PETER TARASUIK Post Production Facility DEFINITION FILMS SYDNEY Head of Post Production DAVID GROSS Online Editor -
Reconciliationnews Issue No 28 // December 2013
ReconciliationNews ISSUE NO 28 // December 2013 Michael Hohnen and Mark Grose and their passion for Indigenous music Rachel Perkins discusses her love of filmmaking Alison Page, bringing people together through the Freshwater Saltwater Arts Alliance 2 ISSUE NO 28 // December 2013 CONTENTS 3 Black Diggers – CEO message the untold story 4 Rachel Perkins: in the frame How quickly this year has flown! All of a sudden we’re talking about Christmas, thinking about a welcome break 7 A tale of two talents by a beach somewhere and looking forward to all that fun 8 Coming home to and food with family and friends. Noongar country 10 Making music with Skinnyfish For most of us, taking a break will probably include music, movies and books, perhaps even a visit to a gallery or a festival. The arts enrich our lives every day and in much the same way 12 Riding the black cockatoo as sport encourages respect and admiration for athletic talent, the arts can provide a real appreciation and understanding of culture. 16 Saltwater Freshwater: bringing people together We’ve devoted this edition of Reconciliation News to the arts and I hope you’ll enjoy the various stories that together illustrate that reconciliation comes in many forms. 19 Bangarra turns 25! The thoughtful voice of film director Rachel Perkins whose work includes First Australians, Mabo and Redfern Now comes through clearly as she reveals her passion for filmmaking. Her quietly 19 Aboriginal artists shine powerful films have helped demystify our hidden history and have fostered better understanding between Aboriginal and Torres Strait Islander people and other Australians. -
Akiba V Cth .Pdf
250 CLR 209] AKIBA V THE COMMONWEALTH 209 AKIBA.. ................................................................ APPELLANT; APPLICANT, AND THE COMMONWEALTH OF AUSTRALIA AND OTHERS.............................................. RESPONDENTS. RESPONDENTS, [2013] HCA 33 ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA Aboriginals — Native title to waters — Fishing — Whether right to fish for HC of A commercial or trading purposes extinguished by legislation — Whether 2013 reciprocal access and use rights between Torres Strait Island communities constituted native title rights and interests — Native Title Act 1993 (Cth), Feb 12; ss 211, 223, 225. Aug 7 2013 Thirteen island communities in the Torres Strait applied to the Federal Court of Australia pursuant to the Native Title Act 1993 (Cth) for a French CJ, Hayne, determination of native title over part of the waters of the Strait. A judge Crennan, Kiefel and of that Court made a native title determination over the waters which Bell JJ included a non-exclusive group right to access resources and to take for any purpose resources in the native title areas in accordance with the traditional laws and customs of the native title holders and the laws of the State of Queensland and the Commonwealth, including the common law. Certain reciprocal rights and interests subsisting between members of Torres Strait Island communities were found not to constitute native title rights and interests within the meaning of s 223 of the Native Title Act. The Commonwealth appealed against the determination on the ground that colonial, State and Commonwealth fisheries legislation had extinguished any native title right to take fish and other aquatic life for commercial purposes. The Torres Strait Islanders cross-appealed against the finding that the reciprocal rights did not constitute native title rights and interests. -
JASPER JONES a Film by Rachel Perkins
Presents JASPER JONES A film by Rachel Perkins “A marvelously entertaining and ultimately uplifting tale” – Richard Kuipers, Variety Austrailia / 2017 / Drama / English / 103 mins Film Movement Contact: Press: [email protected] Theatrical: Clemence Taillandier | (212) 941-7744 x301 | [email protected] Festivals & Non-Theatrical: Maxwell Wolkin | (212) 941-7744 x211 | [email protected] www.FilmMovement.com 1 SYNOPSIS Adapted from Craig Silvey’s best-selling Australian novel and featuring a stellar cast including Toni Collette, Hugo Weaving, Levi Miller, Angourie Rice, Dan Wyllie and Aaron McGrath, JASPER JONES is the story of Charlie Bucktin, a bookish boy of 14 living in a small town in Western Australia. In the dead of night during the scorching summer of 1969, Charlie is startled when he is woken by local mixed-race outcast Jasper Jones outside his window. Jasper leads him deep into the forest and shows him something that will change his life forever, setting them both on a dangerous journey to solve a mystery that will consume the entire community. In an isolated town where secrecy, gossip and tragedy overwhelm the landscape, Charlie faces family breakdown, finds his first love, and discovers what it means to be truly courageous. SHORT SYNOPSIS Based on the best-selling novel, JASPER JONES is the story of Charlie Bucktin, a young bookish boy living in a small town. One night, local mixed-race outcast Jasper Jones appears at Charlie’s window and the pair embark on a journey to solve a mystery that will consume the entire community. LOGLINE Two boys journey to solve a mystery that will consume the entire community. -
A Study Guide by Jennifer Connolly
FILM AUSTRALIA COLLECTION WRONG SIDE OF THE ROAD New Digitally Restored & Remastered Film © ATOM 2014 A STUDY GUIDE BY JENNIFER CONNOLLY http://www.metromagazine.com.au ISBN 978-1-74295-408-0 http://www.theeducationshop.com.au NED LANDER GRAEME ISAAC Background Aboriginal Media Association (CAAMA), in Alice Springs, helped develop Aboriginal film making At the time of its original release in 1981, Wrong and launch it in to the mainstream. He also pro- Side of the Road was hailed as the first narrative Photos by Carol Ruff duced the noted Arnhem Land documentaries © Ned Lander and feature to centre on the experience of a contempo- Dhakyarr Vs The King and In My Father’s Country, Graeme Isaac, 2013 rary Aboriginal group, instead of using them as bit as well as the Indigenous feature musical Bran Nue players in the main action. The film was written in Dae directed by Rachel Perkins. collaboration with the cast, which included mem- bers of the bands, Us Mob and No Fixed Address.1 After the release of the film, No Fixed Address Real events in the lives of the band members were continued to play and tour with various Australian dramatised and interspersed with live footage of mainstream bands including Split Endz, Mental the bands performing. As Anything, Mondo Rock, and Cold Chisel and supported international touring acts such as Peter The music of Wrong Side of the Road, with songs Tosh and Ian Dury. In the mid 80’s they also toured like We Have Survived, asserts that despite every- to the UK and toured through Eastern Europe thing, contemporary Aboriginal culture is alive and before the fall of the iron curtain. -
Rachel Perkins
Keynote address / Rachel Perkins I thought I would talk today about a project called First Australians, which is a documentary project. We are still in the midst of it. When I talk to people about it, like taxi drivers, they ask “What do you do?” and I say I make films. They say, “What are you working on?” and I say, “I’m working on this documentary series called First Australians” and they go “Oh great, it is about the migrant community coming to Australia” and I say, “No, no! It is actually about the first Australians, Indigenous Australians. So, we are still grappling with the title and whether it is going to be too confusing for people to grasp. But the name First Australians sort of makes the point of it trying to claim the space as Australia’s first people. If anyone has any better suggestions, come up to me at the end of the session! First Australians. It is probably the most challenging project that I’ve worked on to date. It is the largest documentary series to be undertaken in Australia. It is being made by a group of Indigenous Australians under the umbrella of Blackfella Films, which is our company. It has a national perspective and it is really the history of colonisation, which is a big part of our story. It charts the period from the 1780s through to 1993. It began in 2002 when Nigel Milan, who was the then General Manager of SBS, approached me. They had shown a series on SBS called 500 Nations, which is a series on Native American people. -
Native Title and the 'Acquisition of Property' Under the Australian
—M.U.L.R- Brennan - final proof (pre-press completed).doc — Native Title — printed 19/05/04 at 21:14 — page 28 of 52 NATIVE TITLE AND THE ‘ACQUISITION OF PROPERTY’ UNDER THE AUSTRALIAN CONSTITUTION ∗ SEAN BRENNAN [The ‘just terms’ guarantee in s 51(xxxi) of the Constitution offers protection for the property rights of Australians, but does this protection extend to indigenous people who have native title rights and interests in land? Gummow J of the High Court has suggested the answer is no, at least where native title is extinguished by the grant of inconsistent rights over the same land to third parties. This article reviews recent case law on the meaning of ‘property’ and ‘acquisition’ under s 51(xxxi). The Australian law on native title — in particular its characterisation, its content and its extinguishment — is examined and assessed against the law on s 51(xxxi). The conclusion drawn is that in general the extinguishment of native title answers the description of an ‘acquisition of property’. Gum- mow J’s analysis that native title is inherently defeasible, and therefore that the ‘just terms’ guarantee does not apply to its extinguishment by inconsistent grant, should be rejected on the basis of precedent and principle.] CONTENTS I Introduction...............................................................................................................29 II Native Title as ‘Property’..........................................................................................30 A Conceptualising Native Title: Different Streams of Thought.......................30 -
Australian Aboriginal Land Rights in Transition
University of Arkansas System Division of Agriculture [email protected] | (479) 575-7646 An Agricultural Law Research Article The Mabo Decision: Australian Aboriginal Land Rights in Transition by Gary D. Meyers & John Mugambwa Originally published in ENVIRONMENTAL LAW 23 ENVTL. L. 1203 (1993) www.NationalAgLawCenter.org ARTICLE THE MABO DECISION: AUSTRALIAN ABORIGINAL LAND RIGHTS IN TRANSITION By GARY D. MEYERS* AND JOHN MUGAMBWA** In Eddie Mabo and Others v. The State of Queensland, the High Court of Australia recognized the existence of native title to lands hitherto annexed under Imperial Authority. In so doing, the Court rejected the fiction of terra nullius and found that native title was not inconsistent with the Crown's radical title over its acquired lands. The existence of native title, the Court held, does not depend upon positive acts of recognition, rather it arises from proof that a group has a right to use or occupy particular land including uses tied to the community's traditional lifestyle. In drawing upon international law to bolster its conclusions, the High Court ushers in a new era for aboriginal land claims and portends new directions for Australian jurisprudence. I. INTRODUCTION No English words are good enough to provide a sense of the link between an Aboriginal group and its homeland. Our word 'home,' • Senior Lecturer in Law, School of Law, Murdoch University, Perth, West ern Australia. LL.M. 1991, University of Pennsylvania; J.D. 1982, Northwestern School of Law of Lewis and Clark College; B.A., cum laude 1970, University of Southern California. •• Senior Lecturer in Law, School of Law, Murdoch University, Perth, West ern Australia. -
Mabo Misinterpreted: the Unfortunate Legacy of Legislative Distortion of Justice Brennan’S Judgment
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2012 Mabo Misinterpreted: The Unfortunate Legacy of Legislative Distortion of Justice Brennan’s Judgment Kent McNeil Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Indian and Aboriginal Law Commons Repository Citation McNeil, Kent, "Mabo Misinterpreted: The Unfortunate Legacy of Legislative Distortion of Justice Brennan’s Judgment" (2012). Articles & Book Chapters. 2533. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2533 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Mabo and Native Title 20 Years On Edited by Toni Bauman and Lydia Glick AIATSIS AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER STUDIES CONTENTS First published in 2012 by AIATSIS Research Publications © the Australian Institute of Aboriginal and Torres Strait Islander Studies in the vi collection, 2012. Foreword © in individual chapters is held by the contributors, 2012. Lowitja O'Donoghue All rights reserved. Apart from any fair dealing for the purpose of private study, research, Editors and Contributors viii criticism or review, as permitted under the Copyright Act 1968 (the Act), no part of this article Introduction: The Limits of Change xvii may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, Mick Dodson without prior permission in writing from the publisher.