Indigenous People: Rights, Comparisons, and Policies

INDIGENEOUS PEOPLE
Australia

INDIGENOUS PEOPLE 1
Introduction
Through this research essay, the indigenous person’s rights will be reflected along with the
Australian concept for them will be compared with different nations such as New Zealand and
Nordic countries. Peoples originating and developing in culturally different and distinct societies
are the indigenous peoples, their cultures, identities, and livelihood and along with their physical
and spiritual wellbeing are directly depended and linked with the land they live upon and the
natural resources they rely upon. The various jurisdictions and methods which are adopted by
Australia to protect and advance the rights of the indigenous people will be reflected by using the
examples of other countries and using relevant domestic laws, cases, international laws and other
materials.
Indigenous is defined as "originating in a particular region or country; native; innate; inherent;
natural.” The word was first derived by the Latin word Indigena, which means native or
eccentric inhabitant other than this it has several other meanings.
Problems faced in general
Although Indigenous people are the first peoples and act as the Guardians or the custodian of the
land for the next generation, still they are facing numerous problems, so, losing the land means
losing the identity, their lands are often very rich in resources and were appreciated, sold, leased
and considered over the plundered government and private companies1. But they are being
uprooted from their lands by the discriminatory policies of the government or the armed
conflicts, their activists also have to face violence and they also get killed for raising their voice
in defending their communities and protecting their lands. Some due to lack of proper education
and employment facilities and others for escaping from the abuses of their human rights
1 John Coates, Indigenous Social Work around the World, (Rutledge,1ST ed.2016)

INDIGENOUS PEOPLE 2
particularly the land rights and survival of their cultures, in their areas they are forced to leave
their traditional lands and move towards the urban areas. The cutoff in their resources and in
their welfare and survival makes it unable for the people to enjoy their human rights fully, rather
they are bound to face marginalization, poverty, diseases, and violence2.Now the views of
different nations will be seen and compared so to analyses the rights of indigenous people.
New Zealand’s views
In New Zealand where indigenous peoples were called as Maori; they were originated and settled
from Eastern Polynesia and have come to their position and situation were largely changed with
the arrival of Europeans to New Zealand, land disputes and sales gave rise to the conflicts, social
upheaval3. But they started recovering by the beginning of the 20th century due to the outstanding
justice and trials made by the New Zealand society and the government.
Nordic countries
In Norway, also the presence of the indigenous people was felt and were known as the Sami
people’s illustrative body in the Sami parliament had a very important authority which issued
them concerned culture, a heritage, reindeer farming and educational facilities. Its effects are also
applied over the policies of the finance and business. Its language was been used in nine
municipalities, two nations and a wide range of institutions throughout the state.
Sweden view
Indigenous people in Sweden are known as Sami and they can be registered to have a right to
cast vote in the election of Swedish Sami Assembly given that person must be of Sami
2 T. Milne, D.K. Creedy, R. West, Integrated systematic review on educational strategies that promote academic
success and resilience in undergraduate indigenous students,( 2015) 36 Nurse Education Today, 387-394
3 Marewa Glover, Annette Kira, Vanessa Johnston, A systematic review of barriers and facilitators to participation
in randomized controlled trials by Indigenous people from New Zealand, Australia, Canada and the United States,
(2014),22(1), Global Health Promotion

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community, must communicate in their language or their grandparents must speak that language
as the home language. Here their socio-economic condition was really very difficult but then
efforts have been made for raising their living conditions and from the reports it has appeared
that the justice system have succeeded in their purpose.
Australian View
In Australia indigenous people are different from those people who lives in Australia and in the
surroundings of the island before the colonization. These peoples are not only very harmful but
contributed in the creating confusion regarding the indigenous persons4. The Australian
government has implemented 3 criteria for determining whether a person is indigenous or not 1st
one is that whether they are descendants of Aboriginal or Torres Strait Slander, 2nd one is to
identify among them and the 3rd one states that whether they are accepted by the community of
indigenous where they live5.
A number of laws were passed by the Australian government to uphold the position of the
indigenous people in Australia and protect their land rights, election rights, heritage, and inter-
governmental administration etc. Some of the laws were “Aboriginal Lands Trust Act 1966”,
“National Parks and Wildlife Act 1974 (NSW).”
“Aboriginal Heritage Act 1988 (SA)”, “Living Marine Resources Management Act 1995 (No. 25
of 1995)” etc..
Comparison between policies for protection of indigenous people’s rights
4 Niranjan Casinader & Catherine Manathunga, Transnationalism in the Australian Curriculum: new horizons or
destinations of the past?(2016) 37(3) Discourse: Studies in the Cultural Politics of Education, 327-340
5 Libby Porter, Indigenous People and the Miserable Failure of Australian Planning, (2017) 32(5) Planning
Practice & Research 556-570