Aboriginal Changing Rights and Freedoms

Table of Content

The British arrival and establishment in Australia were marked by acts of violence and aggression. The expansion of the colonies led to the forceful displacement of Aboriginal people from their lands, either through warfare or hunting missions. Settlers often resorted to harsh tactics like poisoning water sources. The number of Aboriginal casualties during these conflicts is a topic of intense debate, stirring heated arguments.

Aboriginal resistance to the occupation was immediate, with one notable figure being Pemulwuy, an Aboriginal warrior who fought back against the settlers responsible for the injustices inflicted upon his people. In June 1802, in response to the frequent acts of violence, the Governor issued a proclamation stating: “His Majesty prohibits any acts of injustice or cruelty towards the Natives, however, settlers should protect their property and lives from them and must use effective yet humane means to defend against such attacks.”

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Following the proclamation, Pemulwuy was shot without repercussions, while numerous Aboriginal individuals succumbed to European diseases like smallpox, influenza, and measles. The absence of immunity within Aboriginal communities resulted in devastating consequences and a substantial decline in population. Furthermore, during the late 19th Century, the Queensland Government took control of the Torres Strait Islands, leading to a loss of independence for the Torres Strait Islanders.

Torres Strait Islanders, unlike Aboriginal people, were not displaced from their homelands. However, they experienced a denial of full citizenship rights until 1967. The national strategy implemented forced relocation with the intention to “protect” and control Aboriginal people by relocating them to reserves and missions. This era was characterized by a widespread belief in the eventual extinction of Aboriginal people, leading to the enactment of laws throughout the country during the 19th century that regulated interactions between Aboriginal individuals and other Australians. These laws governed various aspects such as their employment opportunities, marriage choices, and travel destinations. In 1816, Governor Macquarie introduced the initial laws which prohibited armed Aboriginal individuals from approaching settlements within a one-mile radius and restricted gatherings of more than six Aboriginal people near farms.

Aboriginal people were compelled to reside on the periphery of urban areas, becoming known as fringe dwellers. Meanwhile, others faced hardships in rural and outback regions as they strived to secure a livelihood in Australia. Their traditional way of life, spanning thousands of years, was abruptly disrupted, and they were denied equal standing in the society that had usurped their land. The extension of the colony beyond the Great Dividing Range is frequently commended for showcasing resilience and exemplifying the abilities of Australia’s explorers and colonizers.

History should acknowledge that Aboriginal individuals recruited into the service of these explorers offered their knowledge of the geography and natural resources necessary to navigate and endure this unforgiving continent. Without the assistance of Aboriginal guides, numerous renowned explorers would have undoubtedly perished or been slain by hostile Aboriginal communities. As more land was uncovered and new settlements were established, the violence and bloodshed persisted, as Aboriginal peoples vehemently opposed the appropriation of their territories.

The Timeline provides numerous specific examples, such as the Myall Creek massacre in which 28 Aboriginal old men, women, and children were brutally murdered. Throughout history, the government never made any attempts to establish a treaty with Aboriginal peoples. In 1835, pioneer John Batman tried to negotiate a ‘treaty’ with Aboriginal people for land at Port Phillip Bay, but Governor Bourke refused to acknowledge the ‘treaty’ and invalidated the purchase.

When Australia federated as the Commonwealth in 1901, the constitution excluded Indigenous people from being counted in the census and from being subject to laws made by the Commonwealth Parliament. They were also officially excluded from voting, serving in the public service and Armed Forces, and receiving pensions. The White Australia Policy, which defined Australia as a White country, remained in place until 1972. Assimilation policies were also implemented.

The Commonwealth Government implemented a policy in the 1930s to assimilate Indigenous people ‘not of full blood’ into the wider population. This policy was adopted because it became clear that Indigenous people would not simply disappear. The goal of assimilation was to gradually eliminate the ‘Aboriginal problem’ by causing Aboriginal individuals to lose their identity within the broader community. Before this, laws similar to protectionist policies were already in effect, like the Aborigines Protection Act 1909 (NSW), which allowed the State to separate Aboriginal children from their families.

The ‘Stolen Generations’ refers to the Aboriginal Children who were forcibly taken from their families and placed under state control due to the implementation of these laws. If you want more information about this issue, please visit the relevant page. Despite multiple injustices committed by government and private entities, many individuals continued to organize resistance against land seizure and unfair treatment. The Australian Aboriginal Progress Association (AAPA) was established in 1925.

The establishment of the AAPA was significant as it connected Aboriginal communities over a wide area, setting the groundwork for future Indigenous leaders in south-eastern Australia. The organization advocated for different rights such as land ownership, stopping the removal of Aboriginal children, and abolishing the NSW Aborigines Protection Board (APB). Additionally, the Australian Aborigines League (AAL) emerged during the 1930s.

The AAL’s initial campaign involved organizing a petition to King George in the United Kingdom. In 1937, the Aborigines Progressive Association (APA) was established to coordinate political organizing on Aboriginal reserves and communities in northern and western NSW. That same year, APA joined forces with AAL to advocate for abolishing the Government’s NSW Aboriginal Protection Board. In 1938, both groups united to plan a ‘Day of Mourning’ on Australia Day, which became one of the earliest major Aboriginal political protests against inequality, injustice, land dispossession, and protectionist policies. During the 1940s, Indigenous workers’ rights gained momentum and attention. An important strike by approximately 600 Aboriginal stock workers took place in WA’s Pilbara region in 1946, impacting an area of sheep farming country spanning 6,500 square miles. Eventually, their demand for fairer wages was met owing to the bravery and resilience of these Aboriginal Australians. In November 1950, supported by the union movement, Aboriginal workers in Darwin initiated a strike.

Leaders of the strike were imprisoned and sentenced to laborious work. In 1966, stockmen and women at Wave Hill, led by Vincent Lingiari, walked off in objection to unbearable working conditions and insufficient wages. They set up a camp at Watti Creek, calling for the restoration of certain traditional lands. The Gurindji strike was not the initial or sole demand from Indigenous people to regain their lands, but it was the first to garner extensive public backing in Australia for Land Rights.

The Labour Party’s policy on Land Rights in 1972 resulted in the enactment of the Aboriginal Land Rights (NT) Act in 1976, acknowledging the Indigenous people’s inalienable right to their land. Prime Minister Gough Whitlam returned title to the traditional land of the Gurindji people in 1975. However, despite legislation granting certain rights to Indigenous people, the false belief that Australia was ‘terra nullius’ persisted.

In 1992, the Indigenous people achieved a significant victory in their fight for recognition of their traditional rights through the courts in the well-known Mabo case. The High Court of Australia ruled that native title exists over certain types of land, such as unalienated Crown land, national parks, and reserves. This ruling debunked the long-held false belief that Australia was ‘terra nullius’ for over two centuries. To learn more about the struggle for land rights, please visit our website’s Land Rights Issues page.

During the 1960s and 1970s, activism gained momentum with Jessie Street leading a campaign to include Aboriginal people in the Australian census. On May 14th, her petition was presented in the House of Representatives. In 1958, members from both Indigenous and non-Indigenous backgrounds established the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI), which had connections across different states. The primary goal of this council was to advocate for a referendum.

FCAATSI engaged in an ongoing campaign to collect numerous signatures for the purpose of presenting a petition to Parliament. This petition would then be used as the foundation for a vote on whether a referendum should take place. In 1965, Aboriginal activist Charles Kumantjayi Perkins and Reverend Ted Noffs from Wayside Chapel collaborated to organize a “Freedom Ride.” They were joined by 30 white students from Sydney University’s Student Action for Aborigines (SAFA) group. Together, this group embarked on a bus journey through various racist country towns in NSW, creating significant attention both nationally and internationally regarding the injustices experienced by Indigenous Australians.

Charlie Perkins and Chicka Dixon founded the Foundation for Aboriginal Affairs (FAA) in Sydney after their successful Freedom Ride in the mid-1960s. This organization served as a political platform for Perkins, Dixon, and other activists to advocate for causes like the 1967 referendum and land rights. The culmination of their efforts came in 1967 when 91% of Australian voters supported a referendum that counted Aboriginal people in the census and granted the Commonwealth the authority to legislate for Aboriginal people.

Despite the significance of the referendum as a triumph for Aboriginal activism, there was no opportunity for complacency. The lack of tangible progress resulting from the referendum prompted continued protest as the political influence of Aboriginal people grew. The Foundation for Aboriginal Affairs emerged as the central hub where upcoming Aboriginal political activists, influenced by the black power movement in the United States, initially connected and engrossed themselves in the political battle. The events in the US served as both a catalyst and a role model for the movement.

They were motivated by various critical issues related to inequality and injustice. These issues included land rights, racism by police and other government entities, deaths in custody, and many other specific areas. Their efforts resulted in the establishment of the Redfern Aboriginal Legal Service, which was Australia’s first shop-front legal aid center. In the early 1970’s, Paul Coe, a prominent figure in the Aboriginal rights movement, delivered a highly impactful speech during Sydney’s largest Anti-Vietnam Moratorium rally.

Coe criticized the protesters for gathering in large numbers to show solidarity with oppressed people in another country but disregarding the problems faced by individuals within their own nation. Coe is famous for his statement, “You raped our women, you stole our land, you massacred our ancestors, you destroyed our culture, and now – when we refused to die out as you expected – you want to kill us with your hypocrisy…” The activists’ endeavors led to the establishment of the renowned Aboriginal ‘tent embassy’ outside Parliament House in Canberra in 1972.

This renewed the battle for fairness and autonomy on a worldwide political platform. Aboriginal advocates in the 1980s consistently addressed this matter at a national level, prompting Prime Minister Bob Hawke to establish a Royal Commission into Aboriginal Deaths in Custody in 1987. This was a reaction to the distressing levels of Aboriginal imprisonment and fatalities within prisons and police holding cells. To this day, this commission continues to be the most thorough investigation into the Aboriginal situation in Australia.

The report proposes 339 changes to Australian systems related to Aboriginal individuals. It also highlights the importance of reconciling Aboriginal and non-Aboriginal communities to prevent community division, discord, and injustice towards Aboriginal people. Many governments have pledged to address the recommendations in the report, resulting in various alterations in the treatment of Indigenous prisoners. However, despite these efforts, there has been no reduction in the rate of Indigenous incarceration even after twenty years. Nevertheless, the grassroots movement persists.

During the 1980s, the ‘Come to Canberra Campaign’ was launched by the Hawke Labor Government. Its purpose was twofold: firstly, to enable joint land councils from the Northern Territory and the States to voice their opposition against proposed changes in the Aboriginal Land Rights Act of the Northern Territory; and secondly, to draw attention towards the inadequacies in Hawke’s concept of ‘Uniform National Land Rights’. In January 1988, as part of the bicentennial celebrations, a massive march occurred on Australia Day in Sydney. Around 20,000 Aboriginal individuals joined forces with supporters from trade unions, churches, ethnic groups, and the wider community in a formidable demonstration highlighting their struggle for survival.

A joint statement, signed by various groups, advocates for Aboriginal rights, including the establishment of a secure land base. The election of the Whitlam Labor Government in 1972 brought about a significant change in Commonwealth government policy, marked by the abolition of the White Australia Policy and the creation of the Department of Aboriginal Affairs. In response to the demands from the tent embassy and Indigenous activists, crucial legal and health services were established across Australia.

The Whitlam Government put a halt to all mining and exploration applications on Commonwealth Aboriginal reserves in December 1972. This action, known as “self-determination,” aimed to grant Aboriginal people the power to make crucial decisions about their own future. Despite the dismissal of the Whitlam Government, many Indigenous rights measures, including self-determination, were still implemented by the subsequent Liberal Fraser Government.

In 1989, the Government established the Aboriginal and Torres Strait Islanders Commission (ATSIC) through legislation. ATSIC was an elected national Indigenous organization that aimed to provide a representative structure for Commonwealth Aboriginal Affairs. However, the ATSIC Act underwent numerous amendments during the history of the Commonwealth Parliament. The conservative Liberal Government later abolished ATSIC in 2006. In 1990, the government also embraced a reconciliation policy.

In 1991, the Council for Aboriginal Reconciliation (CAR) was established through the Council for Aboriginal Reconciliation Act. Its primary objective was to initiate a formal process of reconciliation between Aborigines, Torres Strait Islanders, and other Australians by 2001. The Council implemented an extensive education program to increase understanding and awareness of Indigenous Australians. Additionally, it encouraged individuals within communities to actively participate in promoting favorable race relations.

In 1992, the same year as the Mabo decision, Labor Prime Minister Paul Keating launched the Australian celebration of the International Year of the World’s Indigenous Peoples (1993), with a speech accepting responsibility for past mistreatment of Aboriginal people by non-Aboriginal Australians and calling for reconciliation. The speech became known as the ‘Redfern Park speech’. Keating emphasized that recognizing historical truth, extending social justice, and including Indigenous Australians in Australian social democracy should not be feared or seen as a loss.

While there was a lot of support for the push towards reconciliation, Indigenous leaders had doubts. The choice to embrace a reconciliation policy was seen as a concession, prompted by the ongoing Indigenous rights movement and the protests of 1988, which had placed significant pressure on then Prime Minister Bob Hawke to acknowledge the rights of Indigenous people. Hawke had famously pledged to establish a treaty between Indigenous and non-Indigenous individuals. Nevertheless, due to intense opposition within his government, he ultimately retracted this commitment and instead struck a compromise with Indigenous leaders.

The compromise made was to create the Council for Aboriginal Reconciliation and engage in consultation to create a national document, potentially leading to a treaty. In 2000, on the eve of the Centenary of Federation, this work by the Council for Aboriginal Reconciliation culminated in a massive display of public support for reconciliation. Approximately 500,000 people gathered at Sydney Harbour and the Sydney Opera House to demonstrate their support, while similar gestures took place in other towns and cities throughout Australia.

Shortly after its promise, the Council delivered its final report known as the Roadmap to Reconciliation to the newly appointed Prime Minister, John Howard. One of the key recommendations in the Roadmap was a nationwide apology to Aboriginal people as a means to address historical injustices. Unfortunately, the Howard Government did not endorse or take advantage of the public support behind the Roadmap. Subsequently, in 2001, the Council for Aboriginal Reconciliation was dissolved and replaced by Reconciliation Australia, a smaller organization with a more specific focus. Nevertheless, a network of state and local reconciliation organizations continued to exist, primarily relying on volunteer efforts and limited funding.

The Government rejected the Council’s recommendations on Indigenous rights and opted for a practical reconciliation policy. To learn more about the Council for Aboriginal Reconciliation and different approaches to reconciliation, refer to the Reconciliation Issues page. In 1996, the Wik case, a significant native title case, was adjudicated. The Wik people of Cape York in Queensland and the Thayorre people emerged victorious in this case. The court ruled that leasing lands to farmers did not terminate native title over the same lands. As a result, native title rights could coexist with pastoralists’ rights on cattle and sheep stations. This decision paved the way for Indigenous people to claim vast areas of Australia. However, conflicting rights between pastoralists and Aboriginal communities would favor pastoralists’ rights, providing them with certainty to continue grazing and related activities but not exclusive possession of the land.

Even though pastoralists did not experience any actual loss of rights, the Wik decision triggered an extreme and panicked response from farmers and conservative leaders. They insisted on the complete elimination or eradication of native title on pastoral leases. Seizing this opportunity, the Liberal Party, with future Prime Minister John Howard at the helm, embraced this hysteria and implemented a ’10-Point Plan’. This plan aimed to reverse many of the previous advancements in native title. Deputy Prime Minister Tim Fischer, while explaining the government’s stance on ABC TV, stated that the legislation would result in “bucket loads of extinguishment”.

According to Aboriginal activist Noel Pearson, the modifications made to the earlier Native Title legislation, which was originally created by former Prime Minister Paul Keating, “ripped the heart out” of it and greatly diminished the rights of Indigenous people. Additionally, the 1996 election was characterized by divisive race politics instigated by Queensland MP Pauline Hanson. Ms. Hanson, who had been expelled from the Liberal Party due to her racist remarks, argued that Aboriginal individuals were receiving preferential treatment through government assistance and accused the Indigenous representative body ATSIC of corruption.

She cautioned that Australia was at risk of being overwhelmed by Asians. After the conservative Howard Government took office, Indigenous policy in Australia underwent significant transformation. On 26 May 1997, Bringing Them Home, a report presenting distressing evidence of the forced separation of numerous Aboriginal & Torres Strait Islander children from their families, was presented to the Federal Parliament. This report was the result of an extensive investigation conducted by the Human Rights and Equal Opportunity Commission.

Exactly one year later, a National Sorry Day was established to allow the wider Australian community to remember and commemorate the individuals impacted by removal. This day serves as an opportunity for the entire nation to engage in a collective healing process. Australians are encouraged to acknowledge and empathize with the countless Indigenous individuals who endured immense suffering. Numerous events and initiatives take place across the country to mark this significant day. It is worth noting that the Howard Government chose not to participate in ‘Sorry Day’. Their rationale was that those who separated Aboriginal children genuinely believed they were acting in their best interest at the time, and therefore, present-day individuals should not be compelled to apologize for past actions.

During the Howard Years (1996-2007), the Indigenous policy direction and the rights of Indigenous people to their traditional lands and self-determination were not supported by the Howard Government. Throughout its tenure, the government progressively stripped powers from the Aboriginal and Torres Strait Islander Commission (ATSIC). In 2004, ATSIC was abolished, effectively dissolving it as the entity responsible for handling matters involving Aboriginal and Torres Strait Islander Australians.

ATSIC was substituted by the National Indigenous Council as the Government’s primary method of consultation on Indigenous Affairs. During that time, the government expressed a preference for engaging with individuals rather than an elected entity. The Howard Government persisted in refusing to apologize to the Stolen Generations while maintaining its policy of practical reconciliation. This policy prioritized the provision of practical services and emphasized the “responsibilities” of Indigenous individuals.

The shared responsibility policy led to funding being transferred from Indigenous organisations to mainstream organisations, marking a shift away from self-determination. Australia, in 2007, was among the few countries that declined to sign the International Declaration of Indigenous Peoples, acknowledging the right to self-determination for all Indigenous peoples. Furthermore, in 2006, the Howard Government intervened in the Northern Territory following disturbing reports of abuse against Indigenous children.

Indigenous leaders criticized the intervention, stating that the Indigenous communities were not being heard and that government actions would not solve the issues. As part of the intervention, changes were made to land rights legislation in the Northern Territory, further reducing rights. For further details on the intervention, please refer to the Latest News page. In 2007, a new national Labor Government was elected, with the Labor leader in charge during the election campaign.

Kevin Rudd stated that his government would provide assistance for self-determination while also emphasizing shared responsibility in the process of reconciliation. Indigenous individuals have a notable record of activism both within and outside of Parliament. The initial Indigenous member elected to the Australian Parliament was Neville Bonner from 1971 to 1983, succeeded by Aden Ridgeway from 1999 to 2005. At the state and local level, there has been a considerably higher representation of Indigenous people, with numerous individuals elected nationwide.

In NSW, over 2% of Local Councillors are Indigenous, which is representative of the Indigenous population in the community. In 2003, Linda Burney became the first Aboriginal person to be elected to NSW Parliament. In 2007, she achieved the position of Minister and Vice-President of the Australian Labor Party. Similarly, in November 2007, Marion Scrymgour, an Aboriginal Northern Territory politician, was elected as Deputy Leader of the Northern Territory Government, making her the highest-ranking Indigenous politician in Australian history.

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