Rights and Protection of Indigenous People in Australia

Rights and Protection of Indigenous People in Australia

REPORT
Introduction
In this report, the jurisdictions over the rights of indigenous people will be discussed. So, the
perspective of Australia will be compared with that of the other nations and how Australia is
initiating certain laws regarding the protection towards such people along with the examples
of those of other countries and showing their relevancy upon domestic and international laws.
Indigenous People
People who have emerged and are living in distinct conditions away from the general public
of Australia and have distinct societies are the indigenous people. Such people have their own
culture, identities and, the livelihood. Their physical and spiritual state is directly dependent
upon the place and the surrounding they live in and also they are experiencing a lower quality
of life in relation to their health-care, education, housing, land, etc. It is, therefore important
to consider an agenda towards ensuring the appropriate protection of indigenous people rights
and laws into the future along with its relevancies with Canada, New Zealand, and Nordic
Countries1.
Some people due to lack of improper education and the employment facilities are escaping
from the abuses of their human rights i.e. the rights of the land which they hold and survival
of their cultures where they are forced to leave their native lands and move towards the urban
areas2.
Challenges undertaken by Australia
1 Russell McGregor, Indifferent Inclusion: Aboriginal People and the Australian (Aboriginal Studies Press,
2011) 229.
2 Josephine Flood, Original Australians: Story of the Aboriginal People (Allen & Unwin, 2006) 320.
1

REPORT
In Australia, the major concern highlights social justice towards every Indigenous and non-
Indigenous persons. These people should have their own choice of living and should not be
discarded from the general public. The protection of their human rights is a challenge which
is uprooted in looking at the scenario of their day to day life3. The distinctive rights are to be
given to all such Indigenous people in Australia as compared to the other citizens. Such are as
follows:-
Firstly, the right to have a different culture and status which will be helpful in maintaining
their identities with respect to culture and spiritual practices of the people and the
communities of every Indigenous group.
Secondly, every Indigenous community should be entitled towards the right to self-
determination which states regarding the aspects of future control and all the issues which are
being faced by them have to be dealt accordingly4. In such a situation every indigenous
person will have its own power to make their decisions in accordance with the human rights
and will not face any inequality amongst the general public.
Thirdly, it is focusing on the right to land, in which the indigenous people should be
guaranteed with their rights over the access of land and with the natural resources. The lands
which are used by such people will have legal protection according to the laws and customs5.
3 Kamaljit K..Sangha and JeremyRussell-Smith et al, ‘Challenges for valuing ecosystem services from an
Indigenous estate in northern Australia’, (2017) 25Ecosystem Services 167-178.
4 Clare Townsend, Paul White et al, ‘Making every Australian count: challenges for the National Disability
Insurance Scheme (NDIS) and the equal inclusion of homeless Aboriginal and Torres Strait Islander Peoples
with neurocognitive disability’, (2017) 42(2) Australian Health Review 227-229.
5 Petina Pert, Lilian Clubb et al, ‘Indigenous biocultural knowledge in ecosystem science and management:
Review and insight from Australia’, (2015) 181 Biological Conservation 133-149.
2

REPORT
Views of New Zealand towards the Rights of Indigenous People
These people are widely spread over the world which is also observed in New Zealand as
these people were known by the Maori population who reside on the North Island. They were
originated and settled from the Eastern Polynesia that affected their position and conditions
which changed with the arrival of Europeans to New Zealand, under this the dispute of land
and sales that increased the conflicts and the social disruption. At the beginning of the 20th
century, the trials and excellent justice was initiated by the New Zealand government6. They
are considered the 2nd largest ethnic group of the world after the Europeans. The seats are
been reserved for Maori in the Parliament of New Zealand since the year 1868 and presently
there are seven of 122 seats in the unicameral parliament of New Zealand, which provided
them to participate in the elections while the elected Maori representative had to face a lot of
struggle.
So, Australia has also given place to the indigenous people in the parliament. They have
adequate laws to protect their rights and development in the world. They should also reserve
seats for the indigenous people while comparing with the same as what New Zealand
commenced because this will upgrade in the standard of such indigenous persons in terms of
their equal status with the general public and the system will entirely initiate towards such
indigenous people with having rights and seats along with eradicating discrimination.
Views of Australia
In Australia, indigenous people are considered different from the general public and their
surroundings are based on the islands before the colonization. The people who are known to
be indigenous must look or act in a particular way for example, such people were expected to
6 Louise Humpage, ‘Income management in New Zealand and Australia: Differently framed but similarly
problematic for Indigenous peoples’, (2016) 36(4) Critical Social Policy.
3