On aboriginal people - Essay Example

This paper proposes to discuss the issue of human rights of the Aboriginal people of Australia, outlining the legislation, structures, and processes in Australian society that are designed to protect these human rights. The key aspects of legislation covering these basic rights will be identified, and the court systems and tribunals that deal with the rights will be evaluated. The limitations in human rights legislation relating to the basic rights will be identified. “An intelligent strategy to protect and promote human rights must address the underlying causes of violations of these rights: which include economic conditions, structural social factors, and political expediency”.

The lack of cultural legitimacy of human rights standards is one of the main underlying causes of violation of those standards, according to Naim (1992: 19). Internal and cross-cultural legitimacy for human rights standards needs to be developed. For example, the right for protection against cruel, inhuman or degrading treatment or punishment. Exclusion of the Aboriginal people from citizenship was achieved through parliamentary legislation beginning with the 1902 Commonwealth Franchise Act. Successive governments and administrators, through legislative and administrative practices routinely emphasized the exclusion of the Aboriginal people from citizenship rights and entitlements (Chesterman and Galligan, 1997: 59-60).

The exclusionary regime was not supported by the Constitution, so it could be eliminated simply by changing legislation and administrative practices. In 1962, amendments to the Commonwealth Electoral Act allowed all adult Aborigines to vote. The 1967 referendum was a significant and symbolic act for converting the section 51 (26) races power into an effective Commonwealth power to pass laws with respect to Aboriginal people. Since the Constitution had never excluded the Aborigines from citizenship, the referendum