Indigenous Australians - Essay Example

Indigenous Australians Introduction Indigenous Australians have been suffering from poor socioeconomic indicators because of decades of prejudice anddiscrimination. The community has been suffering from high rates of crime and poverty which has led to the development of numerous problems. The Australian constitution has failed to recognize the indigenous Australians. This debate has sparked numerous legal principles which will be discussed in this paper. Analysis Indigenous Australians are discriminated in the legal jurisdiction because they have not been recognized as the first people according to the law. This has been in sharp contrast to other countries like New Zealand, Canada, and the United States who have now given recognition to the indigenous people in law (Behrendt, 2003: p. 34). There has been some progress but much work needs to be done in order to ensure the highest levels of efficiency and effectiveness. The failure to accept the existence of a people in a country’s constitution has been considered to have a negative impact upon their identity. Indigenous communities also suffer from discrimination and prejudice as well as reduced value. The loss of tribal lands together with spiritual and cultural dispossession has also created negative health and psychological outcomes among the Aboriginal people (Behrendt, 2009: p. 93). The indigenous people have had a strong connection with the land because of emotional and cultural links. They are the earliest known group to have inhabited these lands. They have had a spiritual connection because of their specific sites. Aboriginal people continue to remain at socioeconomic disadvantage together with high levels of physical illness and incarceration. Low educational attainment has also been a major problem faced by these indigenous communities. The Australian Constitution does not have any express commitment to a national ethos that recognizes the indigenous communities. The constitution fails to recognize the unity of the Australian people together (Blackshield & George, 2006: p. 83). People’s solidarity is enshrined in the constitution under the desire to form an indissoluble Federal Commonwealth. A major issue is that of constitutional recognition which means that they need to be recognized for occupying Australia as well as their cultural links with the land and waters. There is also need for protection of their unique culture and heritage. The original constitution made only two direct references to Aboriginal Australians. They were not involved in the Parliament’s power to make laws according to the needs of the various people that were present in the Commonwealth. The assumption was that the Aboriginals were a dying race. Amendments in the year 1967 meant that laws could be passed in support of the Aboriginal Australians (Brennan et al, 2004: p. 83). The reality is that such laws have not been used to empower the indigenous communities. A number of legal issues are present when considering the legal debate about the constitutional recognition of the indigenous Australian people. A major legal protection is that the indigenous Australians want their socio-economic and citizenship rights to be safeguard with other non-indigenous Australians (Dodson, 2000: p. 74). The current constitution fails to provide any such protection to the people. The forcible removal of Aboriginal children from their families together with their dispossession from traditional lands as well as exclusion from public spaces has had a negative impact upon the entire community (French, 2003: p. 63). Another major legal issue has been that the Aboriginal people have sought constitutional processes that can help to protect their specific identity, culture, and rights as the first Australians. Such protection is based upon having clear and precise goals. Furthermore, it is based upon the premise that long term change can occur only through the process of greater recognition (McRae, 2009: p. 37). This help to achieve efficiency and effectiveness. Furthermore, it creates a long term strategy that can lead to success within a short period of time. It is not possible to integrate the two opposed viewpoints which are the Constitution and Aboriginal history in such a way that it does not offend the diversified perspectives. This is because of the fact that there are many issues which need to be discussed (Langton & Palmer, 2001: p. 93). For example, the notion of sovereignty is very different according to the views of indigenous people when compared with that of white political thought. The concept of sovereignty is dubbed to be according to the popular sense rather than the establishment of institutions. It is defined as the power that is present within individuals and groups so that they can carve out their future. The goal of communities is therefore to obtain recognition of their rights and identity while their vision of Australia is based upon sharing or pooling the lands. Another important need is for non-discrimination clause that can be used to safeguard the rights of the Aboriginal people (Langton, 2000: p. 27). A commitment towards non-discrimination is important in order to address the historical grievances of the people. This can lead to the highest levels of success but it must be based upon having clear and precise goals. Furthermore, the strategy should be to create a collaborative framework in which long term goals can be attained within a short period of time. The development of optimized strategies can help to produce sound outcomes. The recognition of the indigenous communities is important because it is correlated with that of the principle of eliminating racial discrimination. This is based upon the premise that the discrimination against aboriginals has been extreme that led to the destruction and dispossession of the communities. It was discrimination to an extent that it denied the existence of the people. The opposing histories and viewpoints of the Constitution and Aborigines mean that there is no known way to construct a narrative that does not offend anyone. This is because history has always been understood in different ways by the opposing ideologies (Langton & Palmer, 2003: p. 84). The legacy of race relations and frontier violence is such that a neutral narrative cannot be created. The only possible way is to recognize the historical discriminations against the people and develop a collaborative framework for success. The notion of sovereignty should be protected as well as the social, cultural, and religious links of the Aboriginal people with the land should be recognized (Langton, 2011: p. 32). This will help to achieve the highest levels of success within a short period of time. Conclusion A commitment towards non-discrimination is important in order to address the historical grievances of the people. This can lead to the highest levels of success but it must be based upon having clear and precise goals. Furthermore, the strategy should be to create a collaborative framework in which long term goals can be attained within a short period of time. The development of optimized strategies can help to produce sound outcomes. The recognition of the indigenous communities is important because it is correlated with that of the principle of eliminating racial discrimination. This is based upon the premise that the discrimination against aboriginals has been extreme that led to the destruction and dispossession of the communities. It was discrimination to an extent that it denied the existence of the people. The opposing histories and viewpoints of the Constitution and Aborigines mean that there is no known way to construct a narrative that does not offend anyone. References Behrendt, Larissa, (2003). Achieving Social Justice: Indigenous Rights and Australia’s Future/ Federation Press Behrendt, Larissa, Chris Cuneen and Terri Libesman, (2009). Indigenous Legal Relations in Australia. Oxford University Press Blackshield, Tony and George Williams, (2006). Australian Constitutional Law and Theory: Commentary and Materials Federation Press, 4th ed Brennan, Sean, Brenda Gunn and George Williams, (2004). ‘Treaty—What’s Sovereignty Got to Do with It?’ Issues Paper No 2, Gilbert & Tobin Centre of Public Law, The Treaty Project Dodson, Patrick, (2000). The Wentworth Lecture 2000: Beyond the Mourning Gate—Dealing with Unfinished Business (Australian Institute of Aboriginal and Torres Strait Islander Studies French, Robert, (2003). ‘The Race Power: A Constitutional Chimera’ in H P Lee and George Winterton (eds), Australian Constitutional Landmarks (Cambridge University Press Langton, Marcia, (2000). ‘Why “Race” Is a Central Idea in Australia’s Construction of the Idea of a Nation’ Australian Cultural History Langton, Marcia, (2011). ‘Reading the Constitution out Loud. Australian Legal Studies Langton, Marcia and Lisa Palmer, (2001). ‘Negotiating Settlements: Indigenous Peoples, Settler States and the Significance of Treaties and Agreement’ in Treaty: Let’s Get it Right ATSIC Langton, Marcia and Lisa Palmer, (2003). ‘Modern Agreement Making and Indigenous People in Australia: Issues and Trends’ 8(1) Australian Indigenous Law Reporter 1 McRae, Heather, Garth Nettheim and Laura Beacroft (2009), Indigenous Legal Issues: Commentary and Materials (Lawbook, 4th ed Read More