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| | HREOC Website: Speeches |
 | | All attempts to recognise Aboriginal sovereignty to date have seen the courts declare it non-justiciable or not within the competence of the Court or its jurisdiction. | | | To date, Aboriginal sovereignty has tended to be defined as something analogous to the sovereignty of the State or government in international law. | | | This is basically a paradox - the legitimacy of the imposed sovereignty of the State cannot be challenged by agents of the system, such as the courts. |
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http://www.humanrights.gov.au/speeches/social_justice/recognising_sovereignty.html
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| | Aboriginal Tent Embassy: Icon or Eyesore? (Chronology 3 1999-2000) |
| | Aboriginal Sovereignty, Justice, the Law and the Land. | | | He also promised the introduction of a civil rights bill, overruling State laws that discriminated against Aborigines, a fully elected Legislative Assembly in the Northern Territory with a non-discrimination charter and free legal representation for Aborigines to test their rights in court. | | | In court, lawyers Charles Kilduff and Paul Coe unsuccessfully sought a stay of proceedings so the matter of the Aboriginal peoples' quest for ownership and sovereignty of the Australian continent could be heard by the International Court of Justice. |
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http://www.aph.gov.au/library/pubs/chron/1999-2000/2000chr03.htm
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| | After Mabo,What About Aboriginal Sovereignty? |
| | At the forefront was "the Act of State doctrine" which upholds the proposition that questions relating to the extension of sovereignty touching on the prerogative powers of the Crown and cannot be questioned in the courts. | | | Any shift of interpretation on the question of sovereignty would, in the view of the Court, lead to unacceptable damage to the legal system. | | | In Mabo v Queensland the Court determined that law in relation to Aboriginal land rights must be brought into line with contemporary standards of justice and that it was possible to do so without undermining the legal system. |
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http://www.lib.latrobe.edu.au/AHR/archive/Issue-April-1996/Reynolds.html
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| | Aboriginal Histories, Australian Histories, and the Law |
| | Justice Dawson dissented in the Murray Islands case on the basis that he was constrained by the traditional historical view, previously espoused by Justice Blackburn in the Gove case, that the Australian colonies were settled without regard to Aboriginal interests in land. | | | The evidence problem led to protracted hearings in the Queensland Supreme Court, from which a small residue of established "facts" emerged to enable the case to proceed to the High Court for legal argument. | | | The legal argument was again based on the assertion that the common law received in the Australian colonies included a doctrine of native title. |
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http://www.lib.latrobe.edu.au/AHR/archive/Issue-April-1996/RosHunter.html
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| | ABORIGINAL LAND CLAIMS - AN AUSTRALIAN PERSPECTIVE, Brennan J |
| | The Court held the acquisition of sovereignty to be a non-justiciable question in a municipal court but the effect of the acquisition of sovereignty on native title to be a justiciable question | | | except where a lease or licence of a particular parcel of land is granted or issued for specified purposes with the consent of the Aboriginal Land Council for the area and with the assent of the traditional owners of the land | | | However, the High Court upheld the validity of the Native Title Act and held the Western Australian law to be invalid |
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http://www.hcourt.gov.au/speeches/brennanj/brennanj_canada.htm
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| | Australian Public Law |
| | Despite the Court's statement that the sovereignty of the Crown in right of the Commonwealth, States and Territories could not be challenged, some commentators regarded the question of whether and to what extent some form of Aboriginal sovereignty (e.g. | | | The Court held that, since Aboriginal title at common law existed before 1982, it is protected by s. | | | However, the High Court held that the Crown had acquired sovereignty, and this carried with it a complete sovereign power to determine the disposition of all land held under the Crown, including that of indigenous owners. |
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http://www.ntu.edu.au/faculties/lba/schools/Law/apl/Constitutional_Law/indigenous.htm
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| | Back to Basics - Aboriginal Sovereignty |
| | It might be by a form of peaceful, civil disobedience such as refusing to obey procedures which allows for governments to claim we are part of their nation. | | | Examples are refusing to register newborn children under existing state laws, and instead registering children under Aboriginal birth certificates. | | | We must begin to make the agenda, and in doing so, acknowledge that Native Title, legal aid and ATSIC, while important, are far from our true entitlements. |
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http://www.kooriweb.org/gst/sovereignty/back-to-basics.html
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| | Aboriginal Law and Legislation Online |
| | After the case proceeded over the course of 7 years through the BC Court of Appeal to the Supreme Court of Canada, the actual decision of the Court is that there must be a new trial. | | | The Court held that Aboriginal rights, including any asserted right to self-government, must be looked at in light of the specific circumstances of each case and, in particular, in light of the specific history and culture of the aboriginal group claiming the right. | | | In this case, the Indian or Aboriginal title attached to lands reserved to them under the Royal Proclamation of 1763 but was ceded to the Crown by Treaty No. 3. |
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http://www.bloorstreet.com/300block/ablawleg.htm
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| | Aboriginal embassy demands recognition |
| | Once we've exhausted the Australian courts, we'll go to the International Court of Justice. | | | The case of the four arrested protesters is being used as a test case, Craigie explained. | | | Supreme Court and then on to the High Court. |
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http://www.greenleft.org.au/back/1992/45/45p6.htm
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| | Keith Windschuttle: Discussion of Gary Johns' paper, 'The Failure of Aboriginal Separatism' |
| | Nonetheless, despite all the talk in the media, in parliament and in the courts about land rights, sovereignty and treaties, assimilation has continued, behind the scenes, year after year. | | | Today, separatism is still on the policy agenda, but it now appears under the guise of land rights, a treaty and an Aboriginal state. | | | In most cases, he concedes he has no direct evidence. |
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http://www.bennelong.com.au/papers/Workshop2000/Windschuttle2000.html
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| | Australian Aboriginal Studies: Rebuilding the Jawoyn Nation: regional agreements, spatial politics and Aboriginal ... |
| | Aboriginal organizations in Australia are proposing negotiations with the Australian governments that will address issues of indigenous rights, protection in the contemporary legal system, and land tenure. | | | Since the High Court's 1992 `Mabo' decision, and the passing of the Native Title Act 1993, many Indigenous groups in Australia have sought the means by which more holistic approaches to self-determination can be pursued. | | | The Jowyn Nation seeks regional agreements regarding sovereignty and opportunities for more culturally appropriate modes of self-governance. |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:57589198&refid=ip_encyclopedia_hf
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| | AusAnthrop: Australian Aboriginal kinship and social organization |
| | Classificatory kinship is all-encompassing, because every known person is in a certain category of kin, and can be addressed or referred to with a kin term. | | | Here again, however, later anthropologists have shown that these category systems such as sections do not regulate marriage pattern, but are a global and general guides for the classification of kin into meaningful categories. | | | Australian societies often have a social category system. |
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http://www.ausanthrop.net/research/kinship/kinship2.php
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| | European Network for Indigenous Australian Rights: news |
| | The courts of Australia have said that our Sovereignty can only be determined by the British Courts or the World Court." | | | In a statement issued last week, Isabell Coe said ''We have been to the highest courts in Australia over genocide and our Sovereign land rights and there has been no justice. | | | On the 30th August the delegation visited the First Secretary of the International Court of Justice, in The Hague. |
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http://www.eniar.org/news/ate2.html
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| | Aboriginal Tent Embassy - Wikipedia, the free encyclopedia |
| | Their demands included land rights and mineral rights to Aboriginal lands, legal and political control of certain sacred sites, and compensation for land stolen. | | | It is made of a large group of activists, signs, and tents that reside on the lawn of Old Parliament House in Canberra, the Australian capital. | | | Many protesters met on the lawn of the Parliament House, made up a list of demands, and refused to leave until their demands were addressed. |
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http://www.wikipedia.org/wiki/Aboriginal_Tent_Embassy
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| | Aboriginal genocide in Australia and its solution |
| | The payment of "sit-down money" must be wound back and finally abolished. | | | Aboriginal genocide had its beginning with Federal Liberal Party member William Wentworth's private members bill to amend the Constitution to remove the prohibition on the commonwealth making "special laws" relating to "the Aboriginal race". | | | Gough Whitlam secured the votes of the elites, do-gooders, academics and bleeding hearts by promising, if elected, to expand on Wentworth's policies. |
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http://www.australian-news.com.au/Aboriginal.htm
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| | Treaty Material Contents Page |
| | There have been innumerable actions taken by Indigenous peoples and communities to secure their rights within the Australian constitutional and legal system. | | | In 1981 the Senate Standing Committee on Legal and Constitutional Affairs enquired into the feasibility of securing a compact or Makarrata between the Commonwealth Government and Aboriginal Australians. | | | Selected documents by Aboriginal Sovereign Treaty '88 Campaign |
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http://www.aiatsis.gov.au/lbry/dig_prgm/treaty/contents.htm
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| | Institute of Aboriginal Studies - Reconciliation |
| | The evidence from the first two years of government action is far too compelling to do otherwise. | | | The implications for the Australian government of signing a treaty with 'Aboriginal nations' brought up the question of Aboriginal sovereignty, which of course was far beyond what the Australian legal authorities (and the governments) could (and can still) cope with. | | | Mick Dodson, the Aboriginal and Torres Strait Islander Human Rights Commissioner (whose position was abolished in early 1998 by the Federal Government) continually made the intrinsic connection between Reconciliation, social justice and human rights. |
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http://www.abst.mq.edu.au/perspect.htm
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| | Beating Hearts Press Reading Library: For Aboriginal Sovereignty |
| | For example, when the Aboriginal Legal Service in New South Wales was first established it was something that came out of the Aboriginal community as a direct response by Aboriginal people to a specific major problem that existed in their community. | | | It's not a system run by doctors or by people who have been to university and have letters after their names. | | | Sixteen million of that 20 million used to be handed straight over to the various state health bureaucracies around Australia, not one of which was involved in the delivery of primary health care. |
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http://www.beatingheartspress.com/aboriginalsovereignty.html
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| | Australian Aboriginal Sovereignty - Wikipedia, the free encyclopedia |
| | Demands of the Tent Embassy have included land rights and mineral rights to Aboriginal lands, legal and political control of the Northern Territory, and compensation for land stolen. | | | This page was last modified 06:51, 23 October 2005. | | | Australian Aboriginal Sovereignty is a political movement amongst Indigenous Australians in the 20th century, demanding control of parts of Australia by native peoples. |
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http://en.wikipedia.org/wiki/Australian_Aboriginal_Sovereignty
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| | Aboriginal Tent Embassy |
| | The fire carries a message of Peace, Justice and Aboriginal Sovereignty. | | | This is what Aboriginal people do when they wish to teach, learn and share their very ancient culture. | | | There will be plenty of time for questions, private discussions and it is a great opportunity for relationships to form so that the possibility of further cultural sharing and exchanges may come out of the weekend. |
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http://www.aboriginaltentembassy.com/archive_2005_04_11.html
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| | Centenary of Federation - Connecting the Continent |
| | Long before either the Overland Telegraph or Federation, Australia was connected by Aboriginal communities. | | | Aboriginal groups have been travelling the Overland Telegraph route since long before the telegraph was invented. | | | Aboriginal groups from most parts of Australia have been trading high-grade red ochre from the north of South Australia to the farthest reaches of the country for many thousands of years. |
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http://www.connectingthecontinent.com/ctcwebsite/aboriginal.htm
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| | Recoznet2 |
| | It is my opinion that reconciliation and the fight for justice for Aboriginal Australians is assisted by having as wide a knowledge of the issues as possible. | | | 1997 Indigenous Peoples' Law ways: survival against the colonial state, in The Australian Feminist Law Journal, No 8 March, p39. | | | The topics covered are fairly broad in that they cover not just reconciliation but other issues that affect Aboriginal Australians such as the environment, native title, unemployment, Indigenous health, the justice system, policing and politics. |
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http://www.green.net.au/recoznet2
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| | Inroads: row over Australian Aboriginal history, The |
| | Windschuttle has no sympathy for the use of oral history (Aboriginal societies did not have written historical records) and puts his trust in police reports above any reported oral testimony. | | | Aborigines constitute only 2 per cent of Australia's current population of 17 million, but there may have been as many as a million Aborigines living here when the British arrived in 1788. | | | They would have "us" return to a 1950s White Australia to which all others should assimilate as soon as they are admitted. |
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http://www.findarticles.com/p/articles/mi_qa4014/is_200307/ai_n9277578
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| | AIATSIS Library On Line Exhibition- Freedom Ride |
| | The purpose of the trip was to investigate race relations in country towns and living conditions for Aboriginal people on reserves and in the towns. | | | From 12-26 February 1965, 29 students from the University of Sydney, undertook a bus trip throughout New South Wales. | | | This bus trip became known as the Freedom Ride. |
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http://www.aiatsis.gov.au/lbry/dig_prgm/freedomride/about.htm
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| | The Mudrooroo/Muller Project: A Theatrical Casebook - Questia Online Library |
| | - 'THE ABORIGINAL PROTESTERS CONFRONT THE DECLARATION OF THE AUSTRALIAN REPUBLIC ON 26 JANUARY 2001 WITH THE PRODUCTION OF "THE COMMISSION" BY HEINER MÜLLER' | | | - IT'S NOW OK NEVER: BUILDING AN ABORIGINAL GOVERNMENT | | | - ABORIGINAL SOVEREIGNTY, AUSTRALIAN REPUBLIC: A CATALOGUE OF QUESTIONS AND ANSWERS |
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http://www.questia.com/PM.qst?a=o&d=51590715
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