Indigenous Australian - Parliaments Legislative Powers - Coursework Example

Indigenous Australians [Name] [Professor Name] [Course] [Date] Abstract: This paper examines the reasons why Section 51 of the Australian Constitution should be changed. It also offers a description of the term ‘indigeneity’. Further, it discusses the two major themes that Cultural Heritage contains as defined by the United Nations. It also explores the impact of mining sites on the Aboriginal traditional owners. Other discussion include the importance of teaching traditional Aboriginal languages to Indigenous youth today, definition of ‘justice reinvestment,’ the positive stereotype of Aboriginal or Torres Strait Islander people portrayed in the media. Also the paper provides an overview of a successful program to improve Aboriginal and Torres Strait Islander employment and lastly, an overview of a program to help ‘Close the Gap’ in life expectancy and health equality between Indigenous and non-Indigenous Australians. Deletion of Section 51 of the Australian Constitution The Australian Constitution sets out rules that govern Australia. To some reasonable extent, the Constitution has been effective in serving the Australians well. However, it has been criticized for its failure to recognize the indigenous people of Australia, specifically the Torres Strait Islander and the Aboriginal people (Edson 2008). Section 51 of the Constitution specifies the Parliament’s legislative powers. Accordingly, subject to the Constitution, the Parliament is entrusted with powers to formulate regulations for the good governance of Australia. However, Section 51(xxvi) has been criticized for promoting some racist tendencies in the formulation of laws (McGregor 2013). The section provides that the Parliament is entrusted with powers to formulate “special laws” that are specifically applicable to certain races. This shows that Section 51 is inconsistent with some universal concepts such as the principle of equality, which specifies that all Australians should be treated equally under the Constitution (Summers and Parkin, 2002). It further suggests that while discrimination on the basis of race is no longer acceptable, the constitution still advocates for laws that have the potential to discriminate in that line (Viatori and Gusbigua 2007). Even though the primary purpose of Section 51(xxvi) appears to have been specifically intended to safeguard the rights of the Aboriginal Australian, its implementation has been detrimental to their existence (McGregor 2013). It can be viewed that deletion of some parts of Section 51, specifically Section (xxvi) and subsequent substitution with a leader of government with regard to the Torres Strait Islander and the Aboriginal people does not safeguard the rights of the Aboriginal Australians (Bourke 1998). ‘Indigeneity’ The term “indigeneity” is an abstract noun developed from the term “indigenous.” Indigeneity refers to the quality of being indigenous, meaning the quality of being a native of a place. In the same breath, as its synonym aboriginality, “indigeneity” refers to the quality of being aboriginal, which specifies existence at the early stages of history. In Australia, the term indigenous is applied variably in reference to the Torres Strait Islander people and the Australian Aboriginal. They can be identified based on the existence and original occupiers of Australia, their deep connection to the country and the land, their varied manifestations, cultures and spirituality (Viatori and Gusbigua 2007). Of much interest is the concept of indigeneity and its interpretation based on the circumstances that are of immediate concern in Australia. For instance, it has been observed that a large number of Australians believe that a multi-cultural reality should be explained, at least by particular political and legal reasons, as bi-cultural (Anonymous n.d1). The concept of indigeneity should be applied in the understanding of the Aboriginal situation in Australia and its impact should be the same as what it added in other scenarios, such as in New Zealand or North America. Indigeneity reflects the principles of “first occupancy,’ which holds that the first people should acquire some special rights or be in possession of land. Several sociologist who describe indegeneity hold that the principle is essential for the understanding the significance it places to the description of Aboriginal Australians. This is consistent with description of the indigenous people, which define them as those individuals of ethnic minority who suffer marginalization as a result of their historical territories being integrated into the state (Anonymous n.d3). Two major themes in Cultural Heritage defined by the United Nations Cultural heritage refers to the bequest of articles of physical nature, as well as those of intangible characteristics of a certain community in a society, which have been inherited through generations, preserved and handed down to the advantage of future generations. Cultural heritage contains two major themes that are recognized by the United Nations, namely tangible culture and intangible culture. According to UNESCO, tangible culture is the type of material objects handed down through generations that can be touched. It includes monuments, historic sites or artifacts. Conversely, intangible culture is the non-material objects that are untouchable, such as oral history, myths and legends, music, dances or certain norms. The United Nations refers to the intangible cultural objects as the cornerstone of cultural multiplicity, and its preservation as a guarantee that continues its existence as well as the continuity of creativity. Importance placed by UNESCO on the preservation and promotion of tangible and intangible cultures has led to the recognition of these traditional performances and crafts as living treasures. The tangible and intangible cultural objects are essential for the study of history as they offer basis for which traditional ideas can be validated. Indeed this has been a major motivation to preserve the cultures. Further, they also corroborate memories and the authenticity of the existence of certain cultures. Mining Site’s Impact on the Aboriginal Traditional Owners Over 20 percent of the Australian land mass is possessed by the Aboriginal people in arrange of statutory land tenure arrangements such as native title, thus it is possible that nearly 60 percent of the mining project sites in the country are adjacent to the Aboriginal people (Bourke 1998). The history of mining uranium and the impact of the mining sites to the lifestyles of the Aboriginal people is appalling. Among the mining sites which have left the areas extensively degraded making it difficult for traditional land owners of the site to use the land for constructive purposes. There has been an expressive concern on the extent of reckless degradation of such sites which were initially prized sacred sites of the Aboriginal people (Anonymous n.d4). The most affected regions in Australia include the Northern Territory, the Jabiluka uranium mining site off the peripheries of Kakadu National Park has raised health and environmental concerns to the Aboriginal people who originally owned the lands. For instance, possible radioactive leakage into the neighbouring wetlands has been cited to have endangered the ecosystem, including the river system, thus hazarding the health of the nearby Aboriginal people who use the water for domestic purposes (UMICH n.d.). Among other factors, the Jabiluka mine site has had a positive effect for it has been praised for creating employment opportunities, which has stimulated the lives of the Aboriginal people by assuring them of financial security. Concerning Jabiluka mine site, the local Aboriginal community has been offered mining royalties of nearly $200 million as a mitigation tactic. This has provided a form of economic benefit to the Aboriginal people. However, the Aboriginal Australians are confronted with risks of losing their cultural ties to their ancestral lands in addition to risks of exposure to health risks. Of particular interest are the Mirrar people, who neighbor the Jabiluka site who have protested that the government has failed to recognize their cultural value tied to the lands. Overall, Jabiluka mining site has been criticized for forcing the Aboriginal people out of their land, civil strife based on who should benefit and exposure to harassment by government security or mine workers. Importance of Teaching Traditional Aboriginal Languages to Indigenous Youth Within the educational framework, teaching Aboriginal language has to be based on aligning with the degrees of language proficiencies of the indigenous youth. Australia has multiple indigenous cultures given its varied Aboriginal communities. Educational programs, and more specifically curricula pedagogy, call for education models that are consistent with the cultural multiplicity (Anonymous. n.d2). Teaching Aboriginal languages to the indigenous youth is one way of ensuring this. The importance of teaching traditional Aboriginal language to the indigenous youth can be very instrumental in eliminating cultural prejudice or discrimination of the Aboriginal people (Shayne and Williams 2012). It also ensures cultural identification, where the indigenous youth who feel they are deprived of an opportunity to exult their identification with the Aboriginal cultures (The Indigenous World 2006). The process is also significant as when the Aboriginal studies are incorporated into the national curricula, the curricula become more sensitive to the educational and cultural needs of the indigenous communities (Korne 2010). When such multilingual education is integrated at most levels of education, it enables the indigenous youth to be trained enabling them to compete at national or global levels. Teaching traditional Aboriginal language to the indigenous youth can enable both the teachers and learners an opportunity to learn and understand the Aboriginal people as well as cause them to develop a deeper insight into their cultures. Given the nature and intent of teaching traditional Aboriginal language to the indigenous youth, it poses as the most apposite tool that can enable the learners to observe the world from an Aboriginal perspective. Thus they get to appreciate the diverse aboriginal viewpoints on diverse issues such as religion and social justice (Viatori and Gusbigua 2007). ‘Justice Reinvestment’ Justice reinvestment refers to a data-driven model aimed at reducing spending on criminal justice, reducing offences, investing in strategies that can reduce crime rates and promote public safety. Technically, it is focused on managing and allocation criminal justice population in a cost-effective way while at the same time increasing public safety. In this way, states and local authorities are engaged in investment in justice, collection and analysis of date on factors that promote crimes and costs, identification and implementation of changes aimed at increasing efficiency and lastly, measurement of the public safety impacts that result from the changes. More plainly, it is a strategy for tackling the cause of crime while at the same time offering practical options to make the prison expansion costs much more sustainable. This means that the money spent on the prison system is re-invested on community based programs that are designed to address the major causes of crime. It is data driven, geo-base and collaborative. The model’s is justified by the high number of offenders, specifically from the minority ethnic groups that are marginalized such as the Aboriginal Australians. It is estimated that over $87,000 is spent on housing each prisoner a year, and some $500,000 for each prison bed (construction cost). In the last three decades, the number of prisons has tripled to over 30,000, thus placing a colossal $3 billion tax burden on tax payers. Positive stereotype of Aboriginal or Torres Strait Islander people the media portrays By stereotyping the Aboriginal or Torres Strait Islander people, it means describing them in a manner in which the description focuses on only few of their attributes. The media has been instrumental in stereotyping the Torres Strait and Aboriginal people that has made Australians to rethink them positively. The stereotypes can be negative or positive, although they tend to reduce people to a single dimension instead of recognizing their many traits that make them a people. The media uses real persons with headlines that challenge the stereotypes centered on unemployment, drug abuse, crime and personal achievements. They thus confront the negative perceptions about the Torres Strait Islander and the Aboriginal people. In this way, the media strives to make the Aboriginal to feel recognized while at the same time changing people’s perceptions about their cultures while at the same time denouncing the myths they have been widely known to present. In addition, the media strives to get people thinking and talking about the positive aspects of the Aboriginal people, while enabling them to hopefully learn about the diverse indigenous cultures or attainments. Lastly, these stereotypes ran by the media influence the behaviors towards both the indigenous and non-indigenous Australians from pursuing the task of building cordial relationships. Successful Program to Improve Aboriginal and Torres Strait Islander Employment Presently, Australia has over half a million Torres Strait Islander and the Aboriginal people. Many of these indigenous people are known to be confronted by poor living standards, unemployment, lack of access to better healthcare and low life expectancy. Some programs such as the Making It Our Business (MIOB) program that was started in 2006 by the NSW Government has been successful in promoting employments to mitigate the poor living standards. The program is aimed at alleviating potential barriers that the indigenous people face in accessing public services. The guiding principles that underpin this program include recognition of the diversity of the Torres Strait Islander and Aboriginal cultures. It also aims to understand and values the contributions that the indigenous people make as employers. It further promotes affirmative action in the areas of employee recruitment and retention (BCA 2012). The program was primarily intended to promote the inclusion of the Aboriginal and the Torres Islander people in the NSW public sector, indeed, it has been hailed for increasing the rate of employment of indigenous people as well as diversifying their career options. Its success can also be measured by the high number of agencies that have emerged to support and strengthen the recruitment and retention of Aboriginal employees (NSW Government 2011). ‘Close the Gap’ Program “Close the Gap” Campaign is a program focused on closing the gap in the access of better health care between the non-indigenous Australians and the indigenous Australia by 2030. Studies have showed that there exists a huge gap between the two groups as the indigenous people have poorer health (NACCHO 2012). The program, which was started in 2006 by human rights organizations, NGS and Indigenous and non-Indigenous health bodies, has actively strived to enable the Aboriginal and Torres Islander people to access better health care as well as improve life expectancy. The program’s goal is therefore to close the life expectancy and health gap between the non-indigenous Australians and the Aboriginal and Torres Strait Islander peoples. It operates on the evidences that suggest substantial improvements in the health statuses of the indigenous Australians that can be achieved within a small time frame (Australian Government 2013). The program aims to achieve its objectives by implementing the human rights-based approach specified in the “Aboriginal and Torres Strait Islander Social Justice Commissioner’s Social Justice Report 2005.” The name “Close the Gap” was assumed in 2006 given its core objective as well as the name of the Torres Strait Islander health equality, a human rights campaign, that was steered by “Close the Gap Campaign Steering Committee.” Overall, this paper concludes that Section 51 of the Australian Constitution should be changed. Further, it describes ‘indigeneity’ with reference to the Aboriginal Australian. It has also discussed the major themes that Cultural Heritage contains as defined by the United Nations. It also explores the impact of mining sites on the Aboriginal traditional owners. Other discussions include the importance of teaching traditional Aboriginal languages to Indigenous youth today, definition of ‘justice reinvestment,’ the positive stereotype of Aboriginal or Torres Strait Islander people portrayed in the media, an overview of a successful program to improve Aboriginal and Torres Strait Islander employment and lastly, an overview of a program to help ‘Close the Gap’ in life expectancy and health equality between Indigenous and non-Indigenous Australians. References Anonymous. n.d1. Indigenous Australia: Contemporary Issues Anonymous. n.d2. Indigenous Education: Who's Write Anonymous. n.d3. Who are Indigenous People?: Indigenous Australians, Contemporary Issues Anonymous. n.d4. Exporting Country: Mining, Indigenous Australia. Contemporary Issues Australian Government. April 2013. Indigenous Health and Health Promotion BCA. Nov 2012. Improving Indigenous Economic and Employment Outcomes: Lessons from Business Experience. Business Council of Australia. ABN 75 383 216 Bourke, E. 1998. Australia’s first peoples: Identity and population. Aboriginal Australia: An Introductory Reader in Aboriginal Studies, 2nd edn, university of Queensland press, st Lucia, QLd, 1998, pp.38 -55; Edson, E. 2008. Section 51(xxix) of the Australian Constitution and 'Matters of International Concern': Is There Anything to Be Concerned about?. Adelaide Law Review, Vol 29 Issue ½ McGregor, R . 2013. Race matters: changing the Australian Constitution. APO. (Online) Retrived from: [http://apo.org.au/commentary/race-matters-changing-australian-constitution] Accessed 6 May 2013 NACCHO. 2012. The Close the Gap campaign. (Online) Retrieved from [http://www.naccho.org.au/aboriginal-health/close-the-gap-campaign/] Accessed 6 May 2013 NSW Government. 10 Mar 2011. Aboriginal and Torres Strait Islander People Working in the NSW Public Sector. Retrieved from: [http://www.eeo.nsw.gov.au/aboriginal_and_torres_strait_islander_people] Accessed 6 May 2013 Korne, H. 2010. ‘Indigenous language education policy: supporting community-controlled immersion in canada and the us’, Language Policy, Vol.9, p.120 Viatori, M. & Gusbigua. 2007. ‘speaking sovereignty: Indigenous languages and self-determination’, Wicazo SA Review, vol.22, no.2, pp. 7-21 Shayne, R. & Williams, T. 2012. The Importance of Teaching and Learning Aboriginal Languages And Cultures: A Mid-Study Impression Paper. (Online) [http://www.aboriginalaffairs.nsw.gov.au/wp-content/uploads/2012/12/importance-of-teaching-learning-aboriginal-languages-cultures.pdf] Accessed 6 May 2013 Summers, W & Parkin. 2002. Government, Politics, Power and Policy in Australia, 7th ed Sweet, J. 2006. UNESCO and cultural heritage practice in Australia in the 1950s: The international touring exhibition Australian Aboriginal Culture, 1948-55. Asia pacific journal of arts and cultural management, 1(1) The Indigenous World. 2006. International Working Group on Indigenous Affairs (IWGIA), ECOSOC Consultative Status, p10 UMICH. n.d. Environmental Justice Case Study: The Jabiluka Mine and Aboriginal Land Rights in Australia’s Northern Territory. (Online) [http://www.umich.edu/~snre492/Jabiluka.html] Accessed 6 May 2013 Read More