INDIGENOUS AUSTRALIANS

STATISTICS 2.4% of the total Australian population in 2001 (458,000) 69% live outside urban centers NSW has 29% of the Indigenous population Median age; 20.5 compared to 36.1 People >15 = 60% of indigenous population Compared to 80% of non-indigenous Smokers > 50% 22% total prison population Life expectancy – 56 men, 77 non- indigenous, 63 woman, 82 non- indigenous 38% indigenous students finish year 12, 76% non-indigenous Unemployment rate 20% compared to 7.6 percent

Status Under the Law Doctrine of Terra Nullius - Negative effects Assimilation policy - What it implied (Stolen Generation) Integration Policy (Referendum) - Aims and outcomes of this policy

Status Under the Law Native Title - Mabo (1) & (2) VS. Queensland Wik peoples vs. Queensland International Law - Two fundamental laws - ICCPR, CEAFRD - Theory or Practice

Case Law Wik Peoples vs. People of Queensland (1996) Argument: Wik and Thayorre people  native title rights had not been extinguished  virtue of the grant of a pastoral lease. Decision: High Court  when a government grants a pastoral lease  didn’t extinguish native title rights. Howards 10 point plan

Responsiveness of Legal System Negatives Has rights for individuals increased? Positives

Indigenous Leaders Have Been Left in the Cold Too Long Since the abolition of ATSIC(Aboriginal and Torres Strait Islander Commission) Indigenous Australians no longer have a national voice. The Indigenous nation has grouped together and want an independent elected body to engage with governments. “Their lack of power to control their own destiny lies at the heart of their frustration.” Editorial, 26 th August 2009