Freedom Rights and Equality of Aboriginal People - Arts and Humanities Assignment Help

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Introduction 
This essay will focus on freedom rights and equality of Aboriginal people in Australia and Europeans colonial governments in Australia and Their discrimination against the Aboriginal people. Three important events that took place in the history of Australia ‘’the, Day of mourning, 1938’,the, Freedom Rides, 1965’, and the ‘Aboriginal Tent Embassy, 1972”.Aboriginalpeoplehad been on encounter with the invaders in Australiaon the first day European enter into their land. Aboriginal resistance has been ongoing since captain Cook and the Endeavour enter this land and did not cease from there and the resistance has taken momentum from small encounters into the guerrilla warfare on the street and war of the words.

The Events before Referendum 
Aboriginal resistants before referendum form an organisation called“Australian Aboriginal Progressive Association (AAPA)’’ and these are few of the early Aboriginal resistance movement, but the full scope of this resistance remains unknown as many Aboriginals strongly depend on their oral culture and were not well-educated.  The few of the earliest resistance movement examples are the protest that was organised by William Cooper on 26th January,1938and he called that day to be remembered as a day of mourning andtheir  determination was to make that day to beknown by non-Aboriginal peopleand make them aware more of how Aboriginal people had been discriminated throughout history in Australia and that was one of the Aboriginal early political resistance. The day of mourning become ineffective with little to no progress attained toward the Aboriginal fight for freedom.All these events followed by the Aboriginal movement for rights and equality which took place 1960’s after the failure of previous attempts for resistance due to the factors such as unwillingness from Australian governments to investigate the matters, world Wars and a lack of Australian public interest. In 1960’s Aboriginals were granted citizenship and that was every important symbolic success. The granting of citizenship to the Aboriginal people pays tribute to these individuals who had stood up although their requirements and aims were unfulfilled. These individuals were able to raise the position of Aboriginal’speople in Australian mainstream society. However, this eventsof Aboriginal movement for rights and equality was not the beginning and the last of Aboriginal on their long fight for social inequalities which Aboriginal still facing today.
After 1960’s Aboriginal’smovement saw responsiveness changes in Australian public because of American civil rights movement as motivated some people to support Aboriginal rights and equality movement. American civil rights as inspire Aboriginals people not to tolerate inequality, discriminations and injustice that was imposed on them withinAustralia any longer. The American civil rights movement has given Aboriginal people a final hope to seize this opportunity and fight for their rights andequality. The Aboriginal’s were powerlessness to threaten or fight the colonise physicallyand that resulted in their weak political fight. The European’s invadersbelieved the death of the Aboriginal race was unavoidable and this sentiment was strongly mirrored in early practice policies of the government in Australia.In Australia there was different resistance movements from the Aboriginal and Torres Strait Islanders communities emerging every time like freedom rides in 1965. Freedom rides resistance movement in New South Wales was started by the students of the Sydney University and led by Charles Perkins, this movement brought the struggle of Aboriginal people interest into the Australian public inplaces like Moree and Walgett. The freedom rides events that took place in these areas received considerable amount of nationwidepromotional. The events were regarded as a symbolic direct challenge to accepted Aboriginal position in Australia for equality change.
The referendum in 1967 was a milestone achievement for Aboriginal people in Australiafollowing the decades of Aboriginal and non-Aboriginal activism. The referendum votein Australia favour Aboriginal for the amending of two sections of the Australian Constitution
(51 (xxvi) and 127).
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ...The people of any race, other than the aboriginal people in any State, for whom it is necessary to make special laws.

Section 127 In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives should not be counted.

According to political historian, Scott Bennett, these sections were originally included in the Constitution because of the widely held beliefs that:

Indigenous people were 'dying out’ and, hence, would soon cease to be a factor in questions of representation.
Indigenous people were not intellectually worthy of a place in the political system.
In 1902, a Tasmanian Member of Parliament dismissed the need to include Indigenous people in a national census on the basis that:

"There is no scientific evidence that he is a human being at all." 

What changes were made to the Constitution?
Following the 1967 Referendum, the words " other than the aboriginal people in any State"  in section 51(xxvi) and the whole of section 127 were removed, allowing for Indigenous people to be included in the census, and giving federal Parliament the power to make laws in relation to Indigenous people.

Prior to the Referendum, making laws for Indigenous people was the responsibility of the states, and laws varied greatly from state to state. For example, Indigenous Australians could own property in New South Wales and South Australia but not in other states.

Advocates for the Referendum believed that if federal parliament was granted the power to legislate for Indigenous people, it would act in their best interests, leading to better conditions for Indigenous people.

Mythbusting the 1967 Referendum
The right to vote: Indigenous people’s right to vote in federal elections was secured by changes to the Commonwealth Electoral Act in 1962, not the 1967 Referendum

Citizenship rights: By 1967, Indigenous people were already legally considered citizens, although many experienced discriminations in their everyday lives

Equal rights: Even though the Referendum revealed a desire to extend equal rights to Indigenous people, the referendum did not guarantee equality. The Referendum gave the federal government the power to make laws for Indigenous people, but it did not require that those laws would ensure equality and would not be discriminatory 

What was the impact?
Many Indigenous people regard the 1967 Referendum as a symbolic turning point, revealing a widespread desire for Indigenous equality in Australia. Others feel that the Referendum was irrelevant to their lives, having little effect on the daily discrimination they experience. 

The Referendum has had a lasting impact on Indigenous policies. It enabled the federal government to pass the (Northern Territory) Land Rights Act, which has benefited many Indigenous Australians. However, despite the assumption that the power given to the federal government by 1967 Referendum would be used only to benefit Indigenous people, in some instances, the changes have been used enact laws that have eroded Indigenous rights. For instance, the referendum enabled the Intervention (or Northern Territory Emergency Response), including the exclusion of Indigenous people from the protection of the Racial Discrimination Act 1975 (Cwlth).

The Referendum’s failure to substantially improve conditions for Indigenous people resulted in disillusionment and a new wave of activism in the 1970’s, including the modern land rights movement. It also ensured continuing activism for further changes to the legal system to create equality and rights protection for Indigenous people.

Many Indigenous activists today are concerned that the 1967 Referendum did not remedy the Constitution’s original failure to recognise the unique status of Indigenous people as the original inhabitants of the land. 

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The Federal Council of Aboriginal Affairs Torres Strait Islanders (FCAATSI) was instrumental in protesting discriminatory policies and practices of State Governments. Its main objectives were to achieve legislative reform, equal wages, employment opportunities, land rights and educational opportunities. Under the guidance of Joe McGinness, The FCATTSI considered a referendum essential in achieving equal rights and accordingly distributing petitions in support of this. FCAATSI were significant in representing Aboriginals and their communities who suffered under oppressive government policies.

 The Freedom Rides of 1965 demonstrated and tested the extent of Aboriginal freedom in country New South Wales. Organised by a group of Sydney University Students and led by Charles Perkins, the group brought the conflict of Aboriginal race relations into the heart of public life in Walgett and Morree. Violent confrontations took place in both towns and the rides received substantial amount of national publicity. The rides are regarded as a symbolic change of face and directly challenged the accepted Aboriginal positions in country Australia.  

The Wave Hill Walk Off lead by Vincent Lingiari in 1966 saw 200 Aboriginal workers and families protest about unfair wages, minimal food and appalling housing. This protest became the longest in Australian history as the Gurindji people demanded land to create a self-sufficient community and refused to work for the pastoral company. The strike ended in 1975 with the Labor Government granting a portion of land, a breakthrough for the Aboriginal land rights movement.
The aftermath of the inaction of the referendum saw a new breed of radical protest in the form of the Aboriginal Tent Embassy. The embassy was erected in protest to Prime Minister McMahons 1972 speech where he announced leases for Aboriginal land and the importance of assimilations of Aboriginals within the wider community. The Embassy will be removed once Aboriginals receive ownership of reserves and financial compensation. It still stands after 40 years. 

The successful outcome of the 1967 referendum is well regarded and remembered as a major turning point in Aboriginal race relations. For Aboriginals this symbolised a long fought-for moment of equality, rights, justice, sovereignty, freedom and a chance to integrate within white society. This elevation in social status created new opportunities in the form of education, employment, equal pay as well as improved housing conditions and medical access. Ninety per cent of the population voted in support of the altering of constitution, giving Aboriginals recognition as citizens as well as facilitating the Federal Government to create special laws on their behalf. These special laws were to replace the discriminatory legislation produced by State Governments and with the aim of creating beneficiary laws in favour of and to compensate Aboriginals.

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Not the Moment of Equality

This 1967 referendum served little more than as a symbolic gesture. The quality of life for Aboriginals today is substantially poorer than the rest of Australian society: experiencing on average a 10-year shorter life expectancy, higher unemployment levels, lower educational levels, poorer housing, higher infant mortality rate and poorer health and nutrition. Campaigners of the referendum believed the Federal Government would actively assume control of Aboriginal affairs however this was not the reality. The Coalition Government conveniently misunderstood this clause and upheld the status quo due to their unwillingness to legislate in benefit of Aboriginals. No positive changes occurred in the aftermath of 1967 referendum until the Whitlam government assumed power in 1972.

The 1967 Referendum was a landmark achievement for Indigenous Australians. Following decades of Indigenous and non-Indigenous activism, over 90% of all Australians voted in favour of amending two sections of the Australian Constitution:

Section 51 (xxvi) The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ...The people of any race, other than the aboriginal people in any State, for whom it is necessary to make special laws.

Section 127 In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives should not be counted.

According to political historian, Scott Bennett, these sections were originally included in the Constitution because of the widely held beliefs that:

Indigenous people were 'dying out’ and, hence, would soon cease to be a factor in questions of representation.
Indigenous people were not intellectually worthy of a place in the political system.
In 1902, a Tasmanian Member of Parliament dismissed the need to include Indigenous people in a national census on the basis that:

"There is no scientific evidence that he is a human being at all.

 

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