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Exploring Indigenous Rights and Human Rights

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Added on  2020/10/22

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This assignment explores the importance of human rights in protecting the rights and interests of Aboriginal communities in Australia. It delves into Articles 15 and 19 of the Universal Declaration of Human Rights (UDHR) and their relevance to indigenous Australians. The discussion highlights the significance of UDHR in preserving cultural diversity, dignity, and traditions of Aboriginal people. It also emphasizes the importance of respecting indigenous knowledge and practices within Australian society.

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HUMAN RIGHTS OF
DISADVANTAGED GROUP IN
AUSTRALIA - INDIGENOUS
AUSTRALIANS

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Human Rights of Disadvantaged Group in Australia - Indigenous
Indigenous community is among those, who have not been able to get their rights in
Australia. However, the movement of indigenous rights began from initial year of 20th century,
that is, 1901. In this year, common wealth of Australia was formed People belonging to
indigenous group were excluded from census which triggered common wealth parliament to
prepare policies to protect the rights and interest of this community in Australia. Another white
Australian policy was also introduced where indigenous people were excluded from giving
voting rights pension employment and maternity allowances (Timeline: Indigenous rights
movement. 2013). First major protest from the side of indigenous people was initiated in 1938
due to which these people were given right to vote. In 1957, a conglomeration was formed,
named, National Aborigines Day Observance Committee (NADOC) aiming at promoting
aboriginal Sunday. In 1970 to 1971, Aboriginal Housing company helped in setting up
Aboriginal legal services and aboriginal medical service set up. Then, in 1975, racial
discrimination act was passed which helps in dealing with ongoing differences in aboriginals and
non-aboriginals. In 1976, Aboriginals land Rights Act and in 1993, Native title Act was passed
by the government so as to ensure that overall rights and interest of indigenous community can
ultimately be protected. Ultimately in the year 2010, Prime Minister of Australia, Julia Gillard
has announced plans in order to recognise indigenous Australians in constitution (Timeline:
Indigenous rights movement. 2013).
There were many indigenous children, who were forcibly removed from their families
due to the result of government policies. The generations which were ultimately removed from
families are known as stolen generation. It led to leave legacy of trauma and loss. It has also
affected overall well being of indigenous families.
The 1960s proved to be quite a pivotal decade which asserted rights to aboriginals. It also
initiated collaboration between Australians Aboriginal activists. In 1962, these people were able
to get rights to vote in common wealth elections, after initiating changes in its legislations. In
1965, New South Wales increased the awareness regarding aboriginal communities so as to
provide better health and living conditions to aboriginal people. Freedom Ride focussed on
encouraging aboriginal people, where they were taught to resist discrimination. They were able
to serve in political offices from 1970s (Hunt, 2013).
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Indigenous Australians are aboriginal and Torres strait Islander people in Australia
descended from groups, whose existence is commonly found in territory and in surrounding
Islands prior the incidence of British colonialization (Liberman, 2017). A cumulative population
of 1.6 billion people have been estimated to survive in Australia for over 70,000 years prior to
colonization.
Out of all indigenous individuals in Australia, 31% of people still face employment
discrimination against indigenous Australians. More than half of them, that is 56%, believe that
being an indigenous Australian make it difficult for them to succeed in one of the other fields. A
common experience or racism and discrimination in education, health and employment sector.
Lack of understanding and acknowledgement led to social disparities in Australia (Liberman,
2017). Acknowledging these traumatic events faced by aboriginal people has generated
requirements for improving circumstances and healed wounds of the past, where no rights were
in favour of these people. There has been a misbalanced social standing of people belonging to
indigenous community. Australians and reason of being called as a disadvantaged group (Short,
2016).
The management at Universal Declaration of Human Rights helps in ensuring that
freedom of humans are properly aligned underpinning its relevance in the form of social,
political, economic and civic prospects. The authority ensures that there is no discrimination
based upon ethnic groups, race, caste, sex, class creed, age and sexual orientation. It has helped
in securing freedom from unjustified imprisonment, torture, unjust discrimination, etc. It has
helped in developing strong architecture of international human rights legal system, focussing
upon rights and interest of citizens of Australia (Briskman, 2014).
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It can be analysed that there is a great deal pf changes that has been experienced by
Australia due to presence of Aboriginals in the country. It becomes important for the government
to bring out policies that are helpful for them and can build their effective social standing as well.
Assessing the improvement from traditional law, Australia have been able to provide effective as
well as appropriate rights to people belonging to indigenous community (Ormond-Parker and
Sloggett, 2012).
International Covenant on Civil and Political Rights (ICCPR) was adopted by Australia
on 16th December 1966 (Maclean, Robinson and Natcher, 2015). It aims at recognizing inherent
dignity and other inalienable rights of people belonging to human family, so as to initiate strong
foundation of justice, freedom and peace in territory. White paper, issued and implemented by
the government of Australia helps in stating various rights of individuals that are held by them. It
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also helps in ensuring remedies in case of non-applicability and implementation of these rights
from society. It has helped in bringing aboriginal people to same level as that of other
Australians in the country (Howitt, Havnen and Veland, 2012).
International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multi-
lateral treaty which has been adopted by United National General Assembly. The authority is
responsible for working towards social, economic and cultural rights of individuals residing in
different territories. It helps in defining right to health, education and adequate standard of living
(NSW Ombudsman, 2012). Adoption of the same by Australian authorities helps in ensuring that
all rights are equally distributed to each and every citizen irrespective of the fact that whether
they belong to aboriginal community or not. It has assisted in development of social standing of
people belonging to indigenous community in Australia as well. It has also initiated rights with
respect to social security and insurance, appropriate standard of living, adequate availability of
food, clothing and housing, and active participation in cultural life (Short, 2016).
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) plays an
important role for affirming that indigenous people should gather appropriate rights without
differentiating them from other communities in Australia. It plays a substantial role in
contributing towards richness and diversity of civilizations and cultures in the country. All the
doctrines, policies and procedures are introduced by it so that maximum benefits can be gained.
It helps in affirming that indigenous people are able to apply their rights without any
discrimination, and also the way it has been provided to other citizens of Australia. It plays an
important role in recognizing treaties and agreements that can help in promoting rights of people
belonging to aboriginal communities. It plays an important role in protecting the rights and
interest of people belonging to these communities where they are given equal rights of health,
education and employment related benefits in the society (Poirier and Schartmueller, 2012).
Universal Declaration of Human Rights (UDHR) aims at preventing violation of rules
and ensuring freedom and peace among various communities in the country. It works on the
objective that; every human being is born free and deserves equal rights of dignity. It helps in
protecting any type of distinction in the form of, birth, origin, property, religion, nationality,
language, sex colour, etc. Article 3 of UDHR states that every individual has a right to liberty
and security, where they can make their own decisions without any pressure. Indigenous people
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have right to have their own self-determination. They have right to determine their social and
political status as well.
One of the most important rights that is applicable on aboriginal community of Australia
is Article 4. It states that slavery and slave trades are prohibited in all forms. Hence, there is no
right hold by employer to maintain stringent rules for a particular community (Peters and
Andersen, 2013). The article gives rights to indigenous people related to self-government in
matters that are related to internal and local affairs (Glaskin, 2012).
Article 7 of UDHR also helps in protecting rights and interests of indigenous community
where all are equal before the law. Hence, everyone living in the territory of Australia is entitled
for equal rights, without any type of discrimination based on caste and community. All must be
given equal protection and violation of it can lead to declaration of punishment to the individuals
involved in it (Peters and Andersen, 2013). It helps in recognizing the respect for indigenous
knowledge traditional practices and cultures. It also emphasises on peace, economic and social
standing of this community in the society.
Article 15 states that each and every individual has a right to nationality and thereby
enjoys each and every right that is enjoyed by Australian citizens. Further, Article 19 states
regarding the freedom of opinion and expression which an individual enjoys irrespective of
community. One can receive, impart and seek ideas, information and opinions to each other
without any type of hear. Hence, in the end, it can be stated that UDHR plays an important role
in preserving rights and interests of people who belongs to aboriginal community (Universal
declaration of human rights. 2015). For instance, indigenous community have rights to express
their views with respect to any topic. They have right to present their opinion and views.
Moreover, their concerns are required to be taken into consideration and must be heard by the
individuals living in Australia. Ultimate impact of the same can be present in generation and
presentation of ideas. They have basic human right with respect to right to equality and
expression that is gained by other Australians in the society irrespective of their origin (Bradley
and Bradley, 2013). Indigenous people have right to dignity and diversity of cultures histories
and traditions which must appropriately be reflected in public and education information.
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REFERENCES
Books and Journals
Bradley, D. and Bradley, M. eds., 2013. Language endangerment and language maintenance:
An active approach. Routledge.
Briskman, L., 2014. Social work with indigenous communities: A human rights approach.
Glaskin, K., 2012. Anatomies of relatedness: considering personhood in Aboriginal
Australia. American Anthropologist, 114(2), pp.297-308.
Howitt, R., Havnen, O. and Veland, S., 2012. Natural and unnatural disasters: Responding with
respect for indigenous rights and knowledges. Geographical Research. 50(1). pp.47-59.
Hunt, J., 2013. Engaging with Indigenous Australia-exploring the conditions for effective
relationships with Aboriginal and Torres Strait Islander communities.
Liberman, K.B., 2017. Routledge Revivals: Understanding Interaction in Central Australia
(1985): An Ethnomethodological Study of Australian Aboriginal People. Routledge.
Maclean, K., Robinson, C.J. and Natcher, D.C., 2015. Consensus building or constructive
conflict? Aboriginal discursive strategies to enhance participation in natural resource
management in Australia and Canada. Society & Natural Resources. 28(2). pp.197-211.
NSW Ombudsman, 2012. Responding to Child Sexual Assault in Aboriginal Communities-A
report under Part 6A of the Community Services (Complaints, Reviews and Monitoring)
Act 1993.
Ormond-Parker, L. and Sloggett, R., 2012. Local archives and community collecting in the
digital age. Archival Science. 12(2). pp.191-212.
Peters, E.J. and Andersen, C. eds., 2013. Indigenous in the city: contemporary identities and
cultural innovation. UBC Press.
Poirier, R. and Schartmueller, D., 2012. Indigenous water rights in Australia. The Social Science
Journal. 49(3). pp.317-324.
Short, D., 2016. Reconciliation and colonial power: Indigenous rights in Australia. Routledge.
Online
Universal declaration of human rights. 2015. [Pdf]. Available through
<http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf>
Timeline: Indigenous rights movement. 2013. [Online]. Available through <
https://www.sbs.com.au/news/timeline-indigenous-rights-movement>
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