FREE ESSAY ON ABORIGINES AND THEIR PLACE IN POLITICS

ABORIGINES AND THEIR PLACE IN POLITICS

For much of their history, Australia's major parties did not perceive a need to have
'Aboriginal affairs' policies, but this altered in the 1960s and 1970s as the Aboriginal
interest came to occupy a more prominent position. 
The policies of recent major governments, those being the Australian Labor Party (ALP)
and the Coalition, consisting of the Liberal Party and National Party, have changed
drastically since the Federation of Australia. The approaches throughout history of these
major parties will be discussed briefly in order to gain an understanding of the
foundation of each party's beliefs and platforms in regards to Aborigines. The main
political issues facing Aborigines in society today will be identified, and subsequently
the main political parties approach and policies will be distinguished in relation to
each issue. Finally, recent policies and legislation introduced by the main political
parties will be introduced and discussed.
From 1937, the approach of all governments was one of 'assimilation', whereby Aborigines
would submit to indoctrination in white ways before taking their place in the general
Australian community. However, in time this policy came under intensifying attack on all
sides, with critics claiming the policy denied these individuals of their Aboriginal
culture, and enforced the notion of the superiority of the white culture. For a time,
'integration' became a policy of the Commonwealth, though it was hard to identify the
distinction between 'assimilation' and 'integration'. As attitudes changed, State
governments began to amend many of the laws that denied Aborigines equality with whites.
In 1967, all parties maintained the proposed Constitutional amendment. Although attitudes
had begun to change, little had been done to encroach such altered attitudes in definite
government policies. 
The Labor Party made the most positive pitch for these interests, and at its 1971 Federal
Conference, Gough Whitlam led the party into conceiving the most detailed Aboriginal
affairs policy yet adopted up until this period, by a major party. This called for the
establishment of a full Aboriginal affairs department. Whitlam guaranteed that a Labor
government would not falter to override any State laws 'which discriminated against
Aborigines, or which supervised Aborigines, or which reduced the opportunities for
Aborigines to conduct themselves as they wished'. Shifting aside 'assimilation' and
'integration', Labor adopted 'self-determination', a policy which spoke of Aborigines
ultimately being able to 'decide the pace and nature of their future development', where
they would 'take a real and effective responsibility for their own affairs'. After
becoming Prime Minister, Whitlam took it further with his talk of restoring to Aborigines
'their lost power of self-determination in economic, social and political affairs'. 
Within a year of its election, the Whitlam government was discovering that its position
among Aborigines was sliding outrageously. There was also indications that advancement on
land rights was frustratingly slow. 
Despite Aboriginal complaints, there is no doubt that the Whitlam government did a lot
for the Aboriginal people. Apart from the creation of the Department of Aboriginal
Affairs (DAA) and the passage of anti-discrimination legislation, a lot of money was
spent, much of it usefully. During the Fraser years, Labor was proud of the work of the
Whitlam government, which, it claimed, had 'developed achievements and advances, which
remain unparalleled in the history of our politics since the British occupation'. 
The Liberal Party was slower than the ALP in devising policies in these areas. However,
the party did support the 1967 amendment, and soon after, the Coalition moved to
establish the Office of Aboriginal Affairs, an advisory body that was given considerable
funds to determine Aboriginal needs so that the Commonwealth could undertake action. The
Liberal's were prepared to cast aside assimilationist ideas in their identification of
Aborigines' fundamental right to maintain their racial identity and traditional lifestyle
or, if preferred, to adopt partially or entirely a European lifestyle. The Liberal
Party's Aboriginal Affairs policy emerged as 'self-management', a policy that was held to
distinguish Liberal policy from that of Labor, stressing as it did that Aborigines should
not only be responsible for their future development, but also accountable for the
success or failure of such development. 
National Party politicians have been far less prepared than the Liberals to accept that
Aborigines require special assistance to meet their needs. 
The primary political issues faced by Aborigines today include Aboriginal death in
custody, reconciliation, land rights including native title and the Mabo decision, and
the Stolen Generation. There are other issues, however these appear to be the major
contemporary issues by way of the media focus they have gained and policies and
legislation relating to them.
In regards to reconciliation, the Liberal Party is committed to reconciliation. They are
working with the Reconciliation Council in order to develop a written understanding
between indigenous and non-indigenous Australians that will recognise the prior
occupation of this country by indigenous people and their place in the Australian
community. 
However, in 1999 it was reported that the UN Committee felt the Liberal Government's
approach to native title laws were in breach of Australia's international legal
obligations under the Convention on the Elimination of All Forms of Racial
Discrimination. Under previous Liberal Governments, Australia was a strong and proud
voice against racial discrimination. If this being the case, then it would appear to be
the present Liberal government's policies not fully supporting Aborigines and land
rights, rather than an overall representation of the Liberal Party in general. 
The ALP however, recognises the wrongs of the past and accepts the responsibility to
address the issues associated with the mistakes of the past so that Australia can move
on. This entails commissioning indigenous Australians and working with them towards a
lasting settlement. The foundation for a lasting settlement, and thus reconciliation,
between indigenous and non-indigenous Australians was laid with the establishment of The
Council for Aboriginal Reconciliation. The Council for Aboriginal Reconciliation, made up
of 25 indigenous and non-indigenous Australians was established to lead the process of
reconciliation. The aim of the process was to profoundly alter the basis of relations
between Aboriginal and Torres Strait Islander people and the wider community in the lead
up to the Centenary of Australian Federation in 2001. 
Aboriginal deaths in custody is another major issue, and has only recently been
recognised in the last twenty years or so by the major political parties of Australia. 
In July 1997 a summit was assembled on the issue of deaths in custody, and also issues
applicable to the over-representation of indigenous people in the criminal justice
system. The Liberal Party reached an agreement with all states and territories to develop
critical plans, in association with indigenous people, for the coordination of funding
and service delivery aimed at reducing indigenous over-representation in the criminal
justice system. This shows that the Liberal government is addressing the problem of
Aboriginal deaths in custody, and giving weight to the issue in regards to their
policies.
While governments did in fact begin to respond to some of the affects of forcible removal
during the 1980s, it was during the Labor government's reign that the Royal Commission
into Aboriginal Deaths in Custody handed down its report in 1991. The Commission set out
a responsibility for all governments to address these effects comprehensively. They
investigated 99 deaths in custody that had happened between 1980 and 31 May 1989, and was
prompted by the gross over-representation of indigenous people both in custody and it was
thought, in the statistics of those who died there. 
Land rights is probably the most diverse and long-standing issue, it is also probably had
the most success in regards to cases being won, legislation being enacted, and people
becoming aware of the existence of such rights.
The struggle over land rights has been a bitter one from first contact to today, with
much of the initial debate hinging on whether or not non-indigenous law could recognise
indigenous land ownership.
In Australia, besides Queensland, much of the argument has centred on whether Aboriginal
systems of land occupancy were recognisably ownership institution under conventional
Australian law. Since they depended on religious and cultural, rather than economic ties
to the land, title appeared to be vested in corporate groups such as clans rather than
individuals, and land was an inalienable property. 
The Liberal Party's role in land rights consists of amendments to the Native Title Act in
1998. The Coalition government had a policy of amending the Native Title Act as part of
their platform for the 1996 election. The amendment provides for a fair and workable
solution that amends many of the problems in the preceding unworkable Act. It also
resonates the Government's desire to assure a fair outcome for all interests. The Native
Title Act:
-  established a National Title Tribunal to assist in the mediation of claims;
-  allowed for the establishment of an Indigenous Land Fund to support those whose native
title had already been quenched; and
-  put in place procedures to defend native title by requiring that native title holders
be consulted in advance if governments propose to grant certain interests in their land
to mining companies or other parties. This is called the Right to Negotiate. 
However, the Native Title Amendment Act 1998 did not entirely benefit the Aborigines
because this Amendment Act explicitly extinguished native title rights on pastoral
leases. 
The Labor Party also has strong policies in regards to the issue of land rights. Policies
of the Beazley Labor Party in regards to Aboriginal land rights include native title
being recognised as a property right by the common law of Australia. Native title holders
are entitled to the complete protection of the law in utilising their rights, this
protection also includes sacred sites. Land Councils are to be sufficiently resourced and
conferred statutory responsibilities for the representation of Aboriginal interests in
regards to land. The Labor Party also strongly feel that access to land and security of
title are necessary to allow indigenous Australians to fully utilise their economic,
social and cultural rights. 
One of the most disputed and probably by far the most emotional issue for those involved,
is that of the Stolen Generation. The Stolen Generation involves children of mixed
descent, and sometimes fully descended children, being forcibly removed from their
Aboriginal parents in an intentional policy of separating them from the influence of
their indigenous culture, and thus forcing them to live as non-indigenous people. This
became known as the policy of 'assimilation'. 
Former governments, including the current one, have begun to offer remedies to begin
changing what has been done. One such example of beginning to right the wrongs is in the
form of the "Bringing Them Home" Report, which was commissioned by the previous
government, in August 1995, and tabled in May 1997. The report stated that facilitating
family reunions is the most essential and vital requirement of separated families. In
light of the overall report, the Liberal government developed a package consisting of $63
million in order to address family separation and its consequences, concentrating on
family reunion and counselling. Other programs included in the $63 million package are
link-up services, access to records, family support and parenting programs and an oral
history project. Since funding was provided, Link-Up has assisted over 9400 people
nationally in two years, involving 370 reunions. The Liberal Party's policies claim that
they will continue to assist those families living with the repercussions of separation.

The Labor Party also has similar policies and attitudes to the Liberal Party in relation
to the Stolen Generation. Labor also feels that the solutions to the issue of the Stolen
Generation includes counselling arrangements, the linking up of families, looking after
people's concerns psychologically who have been associated with this, and also
compensation.
The only difference, and probably a very major one, is that the Labor Party promises to
make a national apology on behalf of the Commonwealth for any wrongs and hardships faced
by the indigenous people as a result of policies of the past governments. The Liberal
Party to this day has refused to do this, however they are still committed to assisting
those affected by removal in a similar way to the Labor Party. 
In recent policy campaigns for the future election, Labor has promised, after full and
inclusive negotiation with the Stolen Generations, to make a full response to the Brining
Them Home Report. This response will include investigating non-adversarial methods of
focusing on the need for compensation through procedures such as consultation,
conciliation and negotiation. 
It was acknowledged from the outset that even the original Native Title Act would not
help those who had been removed from their land and social networks and generations past
by various pieces of legislation and government policies. Some such concerns have been
addressed over the years by the establishment of Councils and bodies, however solutions
to many of the major issues, and minor ones not mentioned here, are far beyond the reach
of any committee or advisory board established by governments and political parties.
However, this is not to say that the policies and legislation enacted by political
parties are not helping, but simply to point out that the Aboriginal affairs is a diverse
and very complicated area to legislate and maintain.