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Essay / Research Paper Abstract
A 5 page discussion of the likelihood of self-determination for these indigenous peoples. The author evaluates the perception that the decision rendered in 1992 in Mabo and Others verses the State of Queensland marks a movement from self-management to self-determination. The contention is presented that the history of other indigenous peoples who have tried to move from self-management to self-determination would appear to indicate that the probability for success in regard to achieving self-determination is limited. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: AM2_PPabo2.rtf
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Unformatted sample text from the term paper:
State of Queensland represents a critical change in the manner aborigine rights in regard to land ownership and the ability to govern themselves was viewed by the people of English
origin who now dominate Australia. Consequently, the Mabo decision is often regarded as marking a movement from self-management to self-determination. It is important to note, however, that Mabo
was not actually legislation but an interpretation of the law by the High Court (Social Justice and Human Rights Issues: A Global Perspective, 2003). As such, this interpretation
is subject to continued future debate and argument over both intent and applicability. Furthermore, history in regard to other indigenous peoples who have tried to move from self-management to
self-determination would appear to indicate that the probability for success in regard to achieving self-determination is limited. When the British invaded Australia in
February 1788 the considered the land "terra nullius", a no-mans land in which no previous sovereignty existed (Economist, 2000). While the British recognized the fact that the Australian aborigines
were present in this land for centuries prior to the British invasion, they perceived the aborigines as having no integral relationship with either the land or one another which could
be construed as an exertion of any sort of ownership. The now-infamous Mabo decision, however, declared Austrian sovereignty as having been in place at the time of the invasion.
This decision translates to mean that British common law had existed not in absence of aboriginal laws of land ownership but alongside those laws.
While the Mabo decision is certainly interesting and, indeed, a step in the right direction in regard to the acquisition of self-determination by the aborigine peoples,
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