Academic literature on the topic 'Aboriginal Australians Civil rights'

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Journal articles on the topic "Aboriginal Australians Civil rights"

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McGaughey, Fiona, Tamara Tulich, and Harry Blagg. "UN decision on Marlon Noble case: Imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia." Alternative Law Journal 42, no. 1 (March 2017): 67–70. http://dx.doi.org/10.1177/1037969x17694790.

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On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.
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Nugent, Maria. "Sites of segregation/sites of memory: Remembrance and ‘race’ in Australia." Memory Studies 6, no. 3 (June 28, 2013): 299–309. http://dx.doi.org/10.1177/1750698013482863.

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This article considers the interplay between Aboriginal people’s remembrances about race relations in rural mid-twentieth-century Australia and the frames of remembrance provided by the American Civil rights movement. It takes as its focus two key Australian sites of racial segregation – country town cinemas and public swimming pools – to explore the ways in which since, and in no small part due to, the desegregationist politics of the 1960s they have become prominent sites of public memory. Drawing on three examples from a range of media – art, film and published memoirs – the article traces the ways in which different ways of narrating and remembering these ‘twisted spaces’ contributes to and makes possible alternative and at times unsettling interpretations of experiences and histories of relations between Aboriginal and non-Aboriginal people during what is commonly referred to as the ‘assimilation era’.
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Furaih, Ameer Chasib. "‘Let no one say the past is dead’: History wars and the poetry of Oodgeroo Noonuccal and Sonia Sanchez." Queensland Review 25, no. 1 (June 2018): 163–76. http://dx.doi.org/10.1017/qre.2018.14.

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AbstractThe histories of Australian Aboriginal and African American peoples have been disregarded for more than two centuries. In the 1960s, Aboriginal and African American civil rights activists addressed this neglect. Each endeavoured to write a critical version of history that included their people(s). This article highlights the role of Aboriginal Australian poet Oodgeroo Noonuccal (formerly Kath Walker) (1920–93) and African American poet Sonia Sanchez (born 1934) in reviving their peoples’ history. Using Deleuze and Guattari's concept of ‘minor literature’, the essay shows how these poets deterritorialise the English language and English poetry and exploit their own poetries as counter-histories to record milestone events in the history of their peoples. It will also highlight the importance of these accounts in this ‘history war’. It examines selected poems from Oodgeroo's My People: A Kath Walker Collection and Sanchez's Home Coming and We A BaddDDD People to demonstrate that similarities in their poetic themes are the result of a common awareness of a global movement of black resistance. This shared awareness is significant despite the fact that the poets have different ethnicities and little direct literary impact upon each other.
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Goodall, Heather. "Aboriginal history, narration and new media." History and Computing 9, no. 1-3 (October 1997): 134–43. http://dx.doi.org/10.3366/hac.1997.9.1-3.134.

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‘Angledool Stories’ is an ongoing collaboration in public history between an academic and a community historian in a rural Australian indigenous community. The goal has been to investigate whether interactive multi-media offered a means to make oral history recordings, family photos and research materials more accessible to the communities within which such research had been originally undertaken. The research and drafting process has already demonstrated that decisions about the design of the CD-ROM cannot be limited to technical or aesthetic considerations. This paper analyses three aspects of that design process: interface design; oral narrative selection and editing; and image selection and contextualisation. Each of these has required a sensitivity to the continuing tensions arising from colonialism and racial conflict over land and civil rights in Australia. The design decisions have had to be taken at the intersection of the technical, the political and the analytical. An essential and creative ingredient in the design process has proven to be close and continuing consultation with the rural Aboriginal community, which has allowed the political aspects of design questions to become apparent andhas generated options for constructive approaches to their solution.
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Furaih, Ameer Chasib. "A Poetics of De-colonial Resistance: A Study in Selected Poems by Evelyn Araluen Cor." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 12, no. 02 (2022): 439–56. http://dx.doi.org/10.37648/ijrssh.v12i02.029.

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First Nations peoples in Australia, as in many other colonized countries, were forced to acquired English soon after the arrival of the colonists in their country during the second half of the 18th century. In response to their land dispossession, Indigenous Australian poets adopted and adapted the language and literary forms of colonists to write a politicized literature that tackles fundamental subjects such as land rights, civil, and human rights, to name but a few. Their literary response can be traced back to the early 1800s, and it had continued through the 20th century. One example is the poem “The Stolen Generation” (1985) by Justin Leiber, which has since been considered a motto for the struggle of Aboriginal peoples against obligatory removal of children from Aboriginal families.This paper aims at examining 21th century politicized literary response of Aboriginal poets. It sheds lights on the poetry of Evelyn Araluen as a telling paradigm of decolonial poetics, demonstrating her role in the political struggle of her peoples. Analysing representative poems by the poet, including “decolonial poetics (avant gubba)” and “Runner-up: Learning Bundjalung on Tharawal,” the paper examines the interdisciplinary nature of her poetry, and demonstrates how the poet transgresses the boundaries between poetry and politics, so as to be utilized as an effective tool of political resistance.
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Waller, Lisa, and Kerry McCallum. "How television moved a nation: media, change and Indigenous rights." Media, Culture & Society 40, no. 7 (February 1, 2018): 992–1007. http://dx.doi.org/10.1177/0163443718754650.

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This article examines the role of television in Australia’s 1967 referendum, which is widely believed to have given rights to Aboriginal and Torres Strait Islander peoples. It presents an analysis of archival television footage to identify five stories that moved the nation: Australia’s shame, civil rights and global connections, admirable activists, ‘a fair go’ and consensus. It argues that television shaped the wider culture and opened a channel of communication that allowed Indigenous activists and everyday people to speak directly to non-Indigenous people and other First Nations people throughout the land for the first time. The referendum narrative that television did so much to craft and promote marks the shift from an older form of settler nationalism that simply excluded Indigenous people, to an ongoing project that seeks to recognise, respect and ‘reaccredit’ the nation-state through incorporation of Indigenous narratives. We conclude that whereas television is understood to have ‘united’ the nation in 1967, 50 years later seismic shifts in media and society have made the quest for further constitutional reform on Indigenous rights and recognition more sophisticated, diffuse, complex and challenging.
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Evans, Raymond. "From Deserts the Marchers Come: Confessions of a Peripatetic Historian." Queensland Review 14, no. 01 (January 2007): 11–20. http://dx.doi.org/10.1017/s1321816600005857.

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The whole country was trapped in a lie … We were the only truthtellers, as far as we could see. It seldom occurred to us to be afraid. We were sheathed in the fact of our position. It was partly our naiveté which allowed us to leap into this position of freedom, the freedom of absolute right action. I wish I had said that. But it was written in 1988 by Casey Hayden, a female civil rights worker with the Student Nonviolent Coordinating Committee, or ‘Snick’, in the American South of the mid-1960s, remembering that horrific/heroic time of bombings and burnings. In Brisbane, a distant metropolis on the historical bypass, it was nothing as bad as that. No one was murdered — not right then anyway, though there would also be threats, beatings, bombing and arson attacks (and the odd trashing) of leftist personnel, headquarters and bookshops. There would be moments to be afraid. But there is a purer applicability in Hayden's words to the local experience. For there was indeed a whole country trapped in the lie of Vietnam, of ‘White Australia’, of Aboriginal segregative gulags, of the biological fixity of men's and women's uneven positionings, of the sanctity of an intense moral and political censorship, tighter here than just about anywhere in the West: a place where Anzac ruled, sport and politics never mixed and the yawning gulf between Australian values and Australian practices was rarely noticed. A whole traffic-snarl of lies and deception really, and we were the only truth-tellers as far as we could see.
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Habibis, Daphne, Penny Taylor, Maggie Walter, and Catriona Elder. "Repositioning the Racial Gaze: Aboriginal Perspectives on Race, Race Relations and Governance." Social Inclusion 4, no. 1 (February 23, 2016): 57–67. http://dx.doi.org/10.17645/si.v4i1.492.

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In Australia, public debate about recognition of the nation’s First Australians through constitutional change has highlighted the complexity and sensitivities surrounding Indigenous/state relations at even the most basic level of legal rights. But the unevenness of race relations has meant Aboriginal perspectives on race relations are not well known. This is an obstacle for reconciliation which, by definition, must be a reciprocal process. It is especially problematic in regions with substantial Aboriginal populations, where Indigenous visibility make race relations a matter of everyday experience and discussion. There has been considerable research on how settler Australians view Aboriginal people but little is known about how Aboriginal people view settler Australians or mainstream institutions. This paper presents the findings from an Australian Research Council project undertaken in partnership with Larrakia Nation Aboriginal Corporation. Drawing on in-depth interviews with a cross-section of Darwin’s Aboriginal residents and visitors, it aims to reverse the racial gaze by investigating how respondents view settler Australian politics, values, priorities and lifestyles. Through interviews with Aboriginal people this research provides a basis for settler Australians to discover how they are viewed from an Aboriginal perspective. It repositions the normativity of settler Australian culture, a prerequisite for a truly multicultural society. Our analysis argues the narratives of the participants produce a story of Aboriginal rejection of the White Australian neo-liberal deal of individual advancement through economic pathways of employment and hyper-consumption. The findings support Honneth’s arguments about the importance of intersubjective recognition by pointing to the way misrecognition creates and reinforces social exclusion.
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Whitehead, Kay, Belinda MacGill, and Sam Schulz. "Honouring Nancy Barnes, nee Brumbie (1927–2012), South Australia’s first qualified Aboriginal Kindergarten Director." Australasian Journal of Early Childhood 46, no. 3 (March 26, 2021): 204–15. http://dx.doi.org/10.1177/1836939121997990.

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To date, the work of Aboriginal early childhood educators in the mid-twentieth century has not been widely acknowledged. Nancy Barnes, nee Brumbie (1927–2012), exemplifies the strength and tenacity of Aboriginal Australians who had to negotiate their lives and work in white institutions and a society which denied them fundamental human rights. Nancy graduated from the Adelaide Kindergarten Training College in December 1956 as the first qualified Aboriginal kindergarten director in South Australia. Following on, she was the foundation director of Ida Standley Preschool in Alice Springs (1959–1962) then the first ‘regional director’ in the Kindergarten Union of South Australia. Based on traditional archival research and analysis of public documents and Barnes’ autobiography, the article begins with her childhood and youth as a domestic servant and then explores her career, political activism, experiences of racism and lifelong commitment to addressing inequalities between Aboriginal and white Australians through education.
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Suarez, Megan. "Aborginal English in the Legal System." Australian Journal of Indigenous Education 27, no. 1 (July 1999): 35–42. http://dx.doi.org/10.1017/s1326011100001526.

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The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).
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Dissertations / Theses on the topic "Aboriginal Australians Civil rights"

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Goff, Jeremy C. "The Aboriginal outstation movement: reflections on empowerment." Thesis, Macquarie University, 1992. http://hdl.handle.net/1885/267285.

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Aboriginal people in central and northern Australia for the past 20 years have been moving away from Aboriginal towns and fringe camps to establish outstations, or homelands centres: small, isolated communities of close kin and family living on traditional lands. The outstation movement, as the phenomenon has become known, is an attempt to preserve and revive the cultural practices and institutions which give Aboriginal society a sense of resilience. Outstations promote ~ltural identification, social cohesion and community well-being. They are important means of arresting and reversing the social and community crisis which Aboriginal people in the region have been experiencing for more than 100 years, particularly in the last 40 years. The outstation movement is a vehicle for Aboriginal empowerment. It is a,n attempt to recapture control over life, land and society. It is one of the many spontaneous expressions of Aboriginality in Australia today. Aboriginality is an assertion of Aboriginal identity and worth. v.Vhat is the significance of the outstation movement? Is it a form of political action or separatism? Perhaps it is nothing more than a series of desperate attempts by communities to escape a situation of extreme crisis. Or does it constitute something more coordinated and meaningful? What are the goals of outstation aspirants? Can such goals be achieved? Essentially, the outstation movement is about Aboriginal people striving to take control of their own lives. What is the nature of that empowerment?
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Darling, Elaine Elizabeth. "The OPAL conspiracy : the influence of politics and gender on the development of the Brisbane Aboriginal rights movement, 1958-1962." Thesis, Queensland University of Technology, 1996.

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It has been commonly believed that the Aboriginal rights movement which developed in Australia in the 1960s gained its greatest momentum from activities initiated in the southern states - New South Wales, Victoria and South Australia. This thesis argues that such a depiction is incorrect. Based on oral interviews and unpublished personal documents and substantiated by official reports, published commentary and parliamentary debates as well as internal records from Department of Native Affairs, I maintain that between the years of 1958 and 1962 a minor revolution occurred in Brisbane which influenced the direction of Black rights - both locally and nationally - into the following decade. This thesis traces the development of this uprising, and its aftermath. It explores the motivations of a White society which paid lip service to tolerance and social equity while accepting a system which denied Black basic human rights; and identifies the individuals and organisations which overcame obstacles to blaze a trail of resistance which dramatically changed White attitudes and Black lifestyles. The effects of this attack on the status quo were observable on three fronts: in the political arena, in the Brisbane media and in the wider community. The movement for change peaked between May 1961 and February 1962, when representatives of the Queensland government, Department of Native Affairs (DNA), Queensland Labor Party (QLP) and Queensland Police Special Branch conspired to transfer power from a left-wing Black rights organization perceived as a political threat, to one created to perpetuate DNA policy. This study identifies the pivotal role of women - particularly Murri women - as the catalyst which transformed the Brisbane movement from a gaggle of factions divided by antithetical ideologies into a cohesive grouping capable of taking on the forces of oppression in Queensland. I argue that without their leadership, the movement may never have taken off to the extent required to persuade a conservative Queensland public to deliver the affirmative vote to carriage of the 1967 referendum proposal on Black rights.
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Martinez, Julia. "Racism in the Northern Territory [manuscript] : the attitudes of administrators, pastoralists and unionists to Aborigines employed in the cattle industry during the Depression, 1929-1934." Thesis, The University of Wollongong, 1995. http://hdl.handle.net/1885/276260.

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This thesis investigates the racism exhibited by Administrators, Pastoralists and Trade Unionists towards Aborigines employed in the Northern Territory cattle industry during the Depression years, 1929 to 1934. Their racism is examined within the framework of sociological and historical theories of racism. An historical evolution of racism is outlined, showing that from Colonial history emerged Colonial racism, which regarded 'natives' as an inferior race destined to serve as a cheap source of labour for European colonists. This racism occurred in two main forms: as a 'primitive' and violent racism; and as a 'civilised', paternalistic racism. The development of nationalism coincided with the rise of a Nationalistic racism which defined the nation as an homogeneous people, excluding all others as inherently inferior. As the colonial era drew to an end, and colonial 'natives' began to immigrate to Europe, their position within the modern nation-states became problematic. Where they continued to be regarded as a source of cheap labour, their exploitation provoked a racist reaction from the working class, referred to as Migrant Labour racism or Competitive racism. This thesis argues that European racism in the Northern Territory can only be fully understood if we consider that each of these forms of racism existed simultaneously. This historical anomaly saw the merging of a dependent colonial frontier with a modern nation-state, and the racist attitudes of the Europeans reflect this situation. The Administrators legitimised their racism with arguments of Social Darwinism while seeking to promote Nationalistic racism. Economic considerations, however, made the arguments of Colonial racism appear attractive. The Pastoralists exhibited Colonial racism in all its forms, both primitive and paternalistic. In their official dealings, they also utilised arguments of Nationalistic and Scientific racism. The Unionists exhibited a Competitive racism which was tempered by left-wing influences which advocated an end to racial discrimination as the only solution to Aboriginal competition. In each group, the manifestations of racism were complex and varied, revealing that racist ideology w as inextricably linked with social, economic and political considerations.
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Malbon, Justin Law Faculty of Law UNSW. "Indigenous rights under the Australian constitution : a reconciliation perspective." Awarded by:University of New South Wales. School of Law, 2002. http://handle.unsw.edu.au/1959.4/19044.

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This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.
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Taffe, Sue (Sue Elizabeth) 1945. "The Federal Council for the Advancement of Aborigines and Torres Strait Islanders : the politics of inter-racial coalition in Australia, 1958-1973." Monash University, School of Historical Studies, 2001. http://arrow.monash.edu.au/hdl/1959.1/8964.

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Hughes, Ian. "Self-determination aborigines and the state in Australia /." Connect to full text, 1997. http://hdl.handle.net/2123/931.

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Thesis (Ph. D.)--University of Sydney, 1998.
Title from title screen (viewed 17 Apr. 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the School of Community Health, University of Sydney. Includes bibliographical references. Also available in print form.
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Jackson, Pulver Lisa Rae. "An argument on culture safety in health service delivery towards better health outcomes for Aboriginal peoples /." University of Sydney. Public Health and Community Medicine, 2003. http://hdl.handle.net/2123/609.

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The bureaucratic measure of health service, health performance indicators, suggest that we are not effective in our legislative responsibility to deliver suitable health care to some of the populations we are meant to serve. Debate has raged over the years as to the reasons for this, with no credible explanation accepted by those considered stakeholders. One thing is clear though, we have gone from being a culture believing that the needs of the many far outweigh those of the few, to one where we are barely serving the needs of the 'any'. This is most evident in the care delivered to the Aboriginal and Torres Strait Islander people of Australia.
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Paul, David. "Casting shadows and struggling for control : silence, resistance and negotiation in Australian Aboriginal health." University of Western Australia. School of Primary, Aboriginal and Rural Health Care, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0015.

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Self determination has been recognised as a basic human right both internationally and, to an extent, locally, but it is yet to be fully realised for Aboriginal Peoples in Australia. The assertion of Aboriginal community control in Aboriginal health has been at the forefront of Aboriginal peoples' advocacy for self determination for more than thirty years. Aboriginal Community Controlled Health Services and their representative organisations have been the site of considerable resistance and contestation in the struggles involved in trying to improve Aboriginal health experiences. Drawing on some of these experiences I explore the apparent inability of policy and decision makers to listen to systematic voices calling for change from the Aboriginal Community Controlled Health sector. It is government inability to act more fully on clear and repeated messages that is a source of much disquiet within representative Aboriginal organisations. Such disquiet is grounded in a belief that colonial notions continue to influence decision making at policy, practice and research levels resulting in a significant impediment to the realisation of self determination and associated human rights in Aboriginal health matters and Aboriginal Affairs more broadly.
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Ramos, Howard. "Divergent paths : aboriginal mobilization in Canada, 1951-2000." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84541.

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My dissertation focuses on the rise and spread of Aboriginal mobilization in Canada between 1951 and 2000. Using social movement and social-political theories, it questions the relationship between contentious actions and formal organizational growth comparing among social movement and political sociological perspectives. In most accounts, contentious action is assumed to be influenced by organization, political opportunity and identity. Few scholars, however, have examined the reverse relationships, namely the effect of contentious action on each of these. Drawing upon time-series data and qualitative interviews with Aboriginal leaders and representatives of organizations, I found that critical events surrounding moments of federal state building prompted contentious action, which then sparked mobilization among Aboriginal communities. I argue that three events: the 1969 White paper, the 1982 patriation of the Constitution, and the 1990 'Indian Summer' led to mass mobilization and the semblance of an emerging PanAboriginal identity. This finding returns to older collective behaviour perspectives, which note that organizations, opportunities, and identities are driven by triggering actions and shared experiences that produce emerging norms. Nevertheless, in the case of Canadian Aboriginal mobilization, unlike that of Indigenous movements in other countries, building a movement on triggering actions led to mass mobilization but was not sustainable because of a saturation of efficacy. As a result, Aboriginal mobilization in Canada has been characterized by divergent interests and unsustained contention.
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Barber, Marcus. "Where the clouds stand Australian Aboriginal relationships to water, place, and the marine environment in Blue Mud Bay, Northern Territory /." Click here for electronic access, 2005. http://adt.caul.edu.au/homesearch/get/?mode=advanced&format=summary&nratt=2&combiner0=and&op0=ss&att1=DC.Identifier&combiner1=and&op1=-sw&prevquery=&att0=DC.Title&val0=Where+the+clouds+stand&val1=NBD%3A&submit=Search.

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Books on the topic "Aboriginal Australians Civil rights"

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Suter, Keith. Aboriginal Australians. London: Minority Rights Group, 1988.

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Aboriginal rights movement. Chicago: World Book, 2011.

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Rights for aborigines. Crows Nest, N.S.W: Allen & Unwin, 2003.

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1945-, Galligan Brian, ed. Citizens without rights: Aborigines and Australian citizenship. Cambridge, UK: Cambridge University Press, 1997.

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Different white people: Radical activism for Aboriginal rights 1946-1972. Crawley, W.A: UWA Publishing, 2015.

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Evan, McHugh, ed. Saltwater fella. Ringwood, Vic: Viking, 2000.

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Jones, Nicky. Wrongs and rights: The economic, social and cultural rights of indigenous peoples in Australia. Brisbane, Qld: University of Queensland, School of Political Science and International Studies, 2003.

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Richard Windeyer: On the rights of the Aborigines of Australia. Red Hill, A.C.T: James B. Windeyer, 2010.

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Kauffman, Paul. Water and fishing: Aboriginal rights in Australia and Canada. Woden, ACT: Aboriginal and Torres Strait Islander Commission, 2004.

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Jack, Horner. Seeking racial justice: An insider's memoir of the movement for aboriginal advancement, 1938-1978. Canberra, ACT: Aboriginal Studies Press, 2004.

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Book chapters on the topic "Aboriginal Australians Civil rights"

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Glowczewski, Barbara. "Myths of ‘Superiority’ and How to De-Essentialise Social and Historical Conflicts." In Indigenising Anthropology with Guattari and Deleuze, 299–320. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474450300.003.0011.

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This chapter analyses racism in France and Australia. It shows how accusations of racism can mask an ontology of superiority in which the victims of racism, here a French Polynesian anticolonial writer, are themselves accused of being racist by people who identify with the colonial power. Indigenous people as well as migrants, especially Muslims or Gypsies in France, are accused of racism for laying claim to their history and culture while coming from past French colonies in Africa and Indochina or current French territories in the Pacific or Caribbean islands. In Australia despite a multicultural policy, refugees are incarcerated if they are not selected by the UN HCR channel. Aboriginal people are criminalised and many succumb to death-in-custody. Claims to difference are reduced to hierarchical models or denied recognition in the name of universalism as opposed to cultural relativism. Glowczewski, shows that a third option is possible. If France and Australia– each in their own way – deny their citizens the right to be different, initiatives emanating from civil society promote innovative ways of envisioning a multidimensional society in which the recognition of differences and specific rights have their place at the same time as universal human rights are respected. Unpublished keynote paper, 2012.
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"ABORIGINAL LAND RIGHTS IN SOUTH AUSTRALIA." In Indigeneous Australians & The Law, 145–60. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843142768-13.

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Cranston, Ross. "Civil Rights and Social Wrongs: the Australian Aboriginals." In How Law Works, 237–60. Oxford University Press, 1993. http://dx.doi.org/10.1093/acprof:oso/9780199292073.003.0008.

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Posey, Darrell Addison. "Fragmenting Cosmic Connections: Converting Nature Into Commodity." In Globalization, Globalism, Environments, and Environmentalism. Oxford University Press, 2004. http://dx.doi.org/10.1093/oso/9780199264520.003.0013.

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Most contributions to this volume frame emerging ‘consciousness of connections’ through international politics, economics and trade, urban/ rural exchanges, social movements, environmental transformations, and global citizenship and governance. These views reflect a remarkably linear world-view of dialectics such as: past/present, growth/sustainability, internal/external, and production/recycle. Langton (Chapter 9), however, introduces the idea of symbolic environmental space, or spacialization, which is expressed in the Aboriginal concept of totem. Totem defines other dimensions of knowing that emerge from cosmic environments through connections with animal spirits. These non-lineal manifestations might be described as spiritual clusters that, unlike the electron clouds that enshroud an atomic nucleus, are literally grounded through centres that define human landscapes marked by cultural mechanisms such as sacred sites and song lines. Indigenous peoples in other parts of the world share with Aboriginal Australians this view of cosmic connectedness between living things and the Earth (see Posey and Dutfield 1996). Thus, human beings share life with all other living organisms, and, indeed, may be transformed into other transgenic forms through death, ceremony, or shamanistic practice. In this chapter, I want to explore how such world-views function to create and maintain anthropogenic and cultural landscapes that conserve ecological and biological diversity. I also hope to show how global trade and political initiatives are working to sever and fragment these cosmic connections by reducing the vast bio-diversity of nature to mere products for biotechnology and commercial exploitation. I suggest that the commodification of nature—especially through Intellectual Property Rights (IPRs)—is one of the biggest threats to global security in the twenty-first century. This is because global consumerism is driven by market prices that ignore or obliterate the local cultural, spiritual and economic values of indigenous and local peoples, who still manage, maintain and conserve much of the biological diversity of the planet. Many of my examples will come from the Kayapó Indians, with whom I have lived and worked since 1977. The Kayapó inhabit a 4 million hectare (approximately 9 million acre) continuum of ecosystems from the grasslands of the Brazilian planalto to the tropical and gallery forests of the Amazon basin.
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Hendrix, Burke A. "The Ethics of Political Action." In Strategies of Justice, 32–71. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198833543.003.0002.

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Abstract:
This chapter frames questions about the ethics of political action in relation to Rawlsian ideal theory, which generally does not address those who are directly suffering from injustices. While Rawls defended civil disobedience within nearly just societies, the chapter argues that a broader palette of political strategies seems permissible where significant injustices continue to exist. It argues that those facing persistent injustice have special permissions for forms of political action that are not available to others. The second half of the chapter focuses on the ways in which political opportunity structures set parameters for political action, and examines the ways in which those who undertake political action may transform themselves without realizing this. The chapter concludes by considering how to proceed in evaluating political action when an effective ideal theory does not yet exist for Aboriginal rights.
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Herb George, Satsan, Kent McNeil, and Frances Abele. "How Indigenous Nations Have Been Transforming Public Policy through the Courts." In Policy Success in Canada, 395–415. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192897046.003.0020.

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Abstract Through political action and litigation, Indigenous people have transformed the Canadian constitutional landscape—peacefully, and in a fashion largely unremarked by casual observers. Of the many aspects of this transformation, our focus is on legal developments regarding Aboriginal rights and title and concomitant changes to federal policy. After explaining the jurisprudential starting point in British colonial law, we explore the political context of selected Supreme Court of Canada decisions and their impact on public policy. The goal of many—though not all—Indigenous leaders is to achieve acknowledgement and implementation of the status of Indigenous nations as a third order of government alongside the federal and provincial governments, with constitutional jurisdiction as an Aboriginal and treaty right recognized and affirmed by s.35 of the Constitution Act 1982. In this chapter, we assess their progress towards this goal. This chapter demonstrates how, through a succession of court cases, Indigenous leaders have challenged established colonial policies and successfully created a new landscape for policy development and negotiations between Indigenous nations and federal, provincial, and local governments. These court challenges, reaching back to the early 1970s, along with impact of the Constitution Act 1982, have been enduring and profound, and have been affecting every policy domain relating to Indigenous peoples. Even so, much has yet to be accomplished for Indigenous nations to achieve recognition as a third order of government and for Indigenous law to be accepted alongside the common law and civil law as part of the legal landscape in Canada.
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