Indigenous people have the right to live in freedom, peace and security. They must be free from genocide and other acts of violence including the removal of their children by force (Article Seven). Indigenous peoples have the right to practice and revitalise their cultural traditions and customs (Article Eleven).
Indigenous peoples and individuals are entitled to the full enjoyment of human rights and fundamental freedoms recognised in international law, and also the right to be free from discrimination in exercising these rights. We have the right to be free and to live free from control.
The 1967 referendum – in which over 90% of voters agreed that First Australians deserved equal constitutional rights – remains the most successful referendum in Australian history.
This history of injustice has meant that many Aboriginal and Torres Strait Islanders have been denied access to basic human rights, such as rights to health, housing, employment and education. Did you know that there were over 250 distinct Aboriginal and Torres Strait Islander languages at the time of colonisation?
Indigenous customary law is not uniform across Australia, and systems differ greatly between language groups, clans, and regions. Within some Aboriginal Australian communities, the words "law" and "lore" are words used to differentiate between the Indigenous and post-colonial legal systems.
Indigenous people have the right to live in freedom, peace and security. They must be free from genocide and other acts of violence including the removal of their children by force (Article Seven). Indigenous peoples have the right to practice and revitalise their cultural traditions and customs (Article Eleven).
The Golden Rule in Native Spirituality states that "we are as much alive as we keep the earth alive." By treating the earth with the same respect we expect for ourselves, we may foster our connection with the environment and be more motivated to ensure its' survival.
Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right to maintain, control, protect and develop their culture, and to have their traditional connections with land, waters and resources recognised and valued.
There are 37,000 unresolved Aboriginal land claims in New South Wales awaiting determination by the government, including the first claim lodged under the land rights act in 1984. The backlog has been described as “a national disgrace” and a form of institutional racism.
Aboriginal or Torres Strait Islander heritage is voluntary and very personal. You don't need paperwork to identify as an Aboriginal person. However, you may be asked to provide confirmation when applying for Aboriginal-specific jobs, services or programs (for example grants).
From the first federal electoral Act in 1902 to 1965, when the last state changed its law, tens of thousands of Aboriginal and Torres Strait Islander people were subject to regulations which prohibited them from voting at federal and state elections.
Recognition of rights
The 1960 is generally seen as the period in which Indigenous Australians were recognised as Australian citizens. In 1962, the electoral act was amended to extend the right to vote to all Aboriginal people.
The New South Wales Stolen Generations Reparations Scheme provides ex-gratia payments of $75,000 to living Stolen Generations survivors who were removed from their families and committed to the care of the New South Wales Aborigines Protection or Welfare Boards.
Aboriginal and Torres Strait Islander people and Indigenous holding entities don't need to pay income tax or capital gains tax on native title payments or benefits.
By remoteness, the 2021 median gross weekly equivalised household income for Indigenous adults ranged from $982 in Major cities to $459 in Very remote areas (Table D2. 08.12, Figure 2.08. 5).
Generally, no. Only vacant Crown land may be subject to a native title claim. Freehold land, which is almost all private property, is not subject to native title claims even if Aboriginal places are present.
Aboriginal and Torres Strait Islander peoples' rights and interests in land are formally recognised over around 50 per cent of Australia's land mass. Connection to land is of central importance to First Nations Australians.
Land rights schemes are in place in the Northern Territory, Queensland (including the Torres Strait Islands), New South Wales, South Australia, Victoria and Tasmania. The land titles may recognise traditional interest in the land and protect those interests by giving Aboriginal people legal ownership of that land.
The three criteria are: being of Aboriginal or Torres Strait Islander descent identifying as an Aboriginal or Torres Strait Islander person being accepted as such by the community in which you live, or formerly lived.
The Australian Government defines Indigenous Australians as people who: are of Aboriginal or Torres Strait Islander descent; identify as being of Aboriginal or Torres Strait Islander origin; and are accepted as such in the communities in which they live or have lived.
You see, in many cases Aboriginal people use body-tallying to count. Counting on your fingers is the most basic form of body-tallying but the next step along is pointing to different parts of the body to refer to different quantities.
The Aboriginal population in Australia is estimated to 745,000 individuals or 3 per cent of the total population of 24,220,200.
It is true that there has been, historically, a small number of claims that there were people in Australia before Australian Aborigines, but these claims have all been refuted and are no longer widely debated. The overwhelming weight of evidence supports the idea that Aboriginal people were the first Australians.
In the 1860s, Victoria became the first state to pass laws authorising Aboriginal children to be removed from their parents. Similar policies were later adopted by other states and territories – and by the federal government when it was established in the 1900s.