The Aboriginal Protection Act 1909

It is a commonly known issue in Australia that as a minority group, the people of Indigenous Australian ethnicity have always been treated, or at least perceived, differently to those of non-Indigenous disposition. This can be applied to different contexts such as social, economic, education, or in relation to this essay – legal contexts. Generally, Indigenous Australians face issues such as less opportunity for formal education, less access to sufficient income, more health issues, and higher rates of imprisonment (Steering Committee for the Review of Government Service

Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.

The taking of half-caste Indigenous children was implemented into Australian law in the late 19th century, and continued as late in to the mid 1960's. Many politicians and everyday Australians agreed that it was helpful for the indigenous so that they were not 'disadvantaged'; “The greatest thing we have achieved” (Former PM William Hughes

The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.

At the turn of the twentieth century the systematic forced removal of Aboriginal children from their mothers, families and cultural heritage was commonplace. There were several reasons that the government and white society used to justify the separation but the prevailing ideology of nationalism and maintaining Australia for the ‘whites’ was the over-riding motivation and justification for their actions[1]. Progressive sciences such as anthropology espoused such theories as eugenics, miscegenation, biological absorption and assimilation which legitimated governmental policies relating to Aboriginal affairs[2]. It was

Assimilation policies existed in purpose of allowing the removal of Aboriginal children legal and believed as to be the right thing. The removal policy was managed by the Aborigines Protection Board. The Aborigines Protection Board was a government board established in 1909 with the power to remove children without parental consent and without a court order. These policies were especially detrimental to the Aborigines as a ‘government’ act prevented them with having authority over their own children and having no power in stopping the abducting of their children. Over causing a significant discrimination against the indigenous race, breeding hatred and inequality in Australian society, the implementation of these policies caused immense heartache and anguish for the Aboriginal parents for losing their children, the children of the Stolen Generation experiencing solitude and confusion for majority of their lives and the rest of society,

of the Act as the rights and interests of Aboriginal and Torres Straight Islanders observed under

The National Inquiry into the separation of the children concluded that 'between one-in-three and one-in-ten Indigenous children were forcibly removed from their families and communities in the period from approximately 1910 until 1970' (Wilkie, 1997). It was the 1960s, at the earliest, when the various 'protection' Acts were either abolished or discontinued.

Throughout the early 20th century, the Australian public was led to believe that Aboriginal children were disadvantaged in their communities, and that there was a high risk of physical and sexual abuse. Aboriginal children were being removed in order to be exposed to ‘Anglo values’ and ‘work habits’ with a view to them being employed by colonial settlers, and to stop their parents, families and communities from passing on their culture, language and identity

The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been

Government policies authorising the removal of Aboriginal children have caused extensive and unrepairable damage to every aspect of Indigenous culture. It could be argued that the emotional turmoil which occurred as a result of this policy, is greater than any physical abused ever faced by the Australian Aboriginal people. The act of child removal would be a scarring experience for parents and children of any race or culture. This policy had a particularly damaging impact on the Indigenous people as their identity is based within a set of strong traditional guides and teachings. These lessons are not recorded, but can only be taught through speaking with elders and learning through a connection to others within the mob, connection to art forms

In the midst of the government's interference in the lives of the Indigenous after colonisation, they believed that bringing along protection legislations would work on the behalf of Aboriginals in order to make their lives easier. The Acts were used, as a way of implementing procedures for protection, separation and assimilation amongst the Indigenous populations. In the case of Aboriginals protection Acts are a representation of systematic control. The 1909 NSW Aboriginal Protection Act gave power to the Broad to regulate the lives of the Indigenous. They were monitored throughout their everyday lives, their employment, wages and who they marry or come in contact with. Undoubtedly the Aboriginals are left feeling caged within their own land. Sometime

Each example given has also shown how self-determination was and continues to be a major struggle for Aboriginal people. Beginning with the Whitlam government, the Land Rights Act was going to be the national recognition that Aboriginal people had been waiting for, however the swift dismissal of the government and subsequent changes to the bill meant that an uninformed government would dictate claims of Aboriginal land rights. This was continued in the Heritage Protection Act for Western Australia in which no monitoring of abuses of power within the authoritative ministry was assessed; hence damage to heritage sites for the development of industries occurred. Finally the Racial Discrimination Act although making racial discrimination illegal has clearly been violated by the government in the Northern Territory interventions and hence is not valued by Australia despite the international commitments made to recognising Indigenous rights. Although legislation has been introduced to recognise Indigenous rights, there seems to always be a catch. A final reoccurring theme in the legislation discussed is the uninformed views of the non-Indigenous government as decisions are made on behalf of Aboriginal people; hence two major statements were discussed that precisely define Aboriginal self-determination by Aboriginal

Human rights are the rights of humans, regardless of nationality, gender, race, or religion. We should all have this in common as we are all part of humanity. However, Indigenous people did not always have these rights (Ag.gov.au, 2015). Aside from basic human rights, Indigenous people also have their own rights specific to their culture. Before 1967, Indigenous people had different rights in different states and the Australian federal government did not have any jurisdiction over Aboriginal affairs until Australia’s constitution was amended for this purpose in 1967 (Moadoph.gov.au, 2015). Between 1900 and the present time, there have been significant changes to the rights of Indigenous Australians. The effects of the European Settlement on the Indigenous people of Australia have been devastating. When white people began arriving in Australia, the Aboriginal people believed them to be ghosts of ancestor spirits. However, once they realised the settlers were invading their land, the Aborigines became, understandably, hostile (Slater & Parish, 1999, pp.8-11). In 1788, the total Indigenous population was believed to be between 750,000 and one million. By 1888, the Indigenous population was reduced to around 80,000 Australia wide (Korff, 2014). The three main reasons for this dramatic decline were the introduction of new diseases, violent conflicts with the colonisers, and settlers acquiring Indigenous land (Digital, 2015). In 1848, the Board of National Education stated that it

64, Commonwealth of Australia 2011). Policy then moved towards more assimilationist strategies in which attempts were made to convert Aboriginal Australians into ‘responsible citizens’ (Gilbert 2005, Haebich 2000). The protectionist and assimilationist policies share the core values that Aboriginal culture is inferior and on its way to an ‘evolutionary end’ (Gilbert 2005, p. 64).