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Essay / Aboriginal Land Essay - 1081
Native TitleThe indigenous people of Australia are believed to have reached the continent between 60,000 and 80,000 years ago. Over thousands of years, a complex customary legal system developed, strongly linked to the notion of kinship and based on oral tradition. Indigenous peoples were not considered to have a political culture or legal system. They have been denied access to basic human rights, for example the right to land ownership. Their cultural values as indigenous peoples have been lost. They lost their traditional way of life and found themselves socially disconnected. This meant that they were unable to pass on their heritage and were also disconnected from the new occupants of the land. The doctrine of terra nullius is "land which is not inhibited" or "land which belongs to no one" was used in association with early British settlers. When British settlers arrived, many problems arose because they ignored Indigenous Australians and viewed them as "non-humans" who owned land even though they had practiced traditions and customs for hundreds and thousands of years. years. The British considered Australia to be terra Nullius. However, due to the doctrine of Terra Nullius, it stipulated that Indigenous Australians could not sell or transfer any land, nor could any individual retain or acquire it, apart from the distribution of royalties. According to international law, the British could only take possession of a country in three different ways. 1- If the country was uninhabited, meaning the British could claim ownership of these lands. 2- If the country was inhabited, Britain would have to ask permission from the land owners. In this case it would be the natives and they would have to buy it for ...... middle of paper ...... and practiced the traditional customs of their tribe. However, this was difficult to prove because their laws were never written down as they expressed them orally and had to remember them. This case made claiming native title difficult for indigenous people to obtain, as their connection to the land and tradition had been severed due to the growth of urbanization in these areas. Native title was seen as an important part of reconciliation between Aboriginal Australians and the community to improve the present and future. Many of the Yorta Yorta people's claims were rejected by Australia in 2001 and the High Court of Australia in 2002, which were also rejected due to the tradition of being considered "old historic ways". So there is nothing more important than for Australia to solve their problems. relationship between indigenous peoples and non-indigenous peoples.