A Deep Dive into the Citizenship of Australian Aboriginals

Introduction to Australian Aboriginals and Citizenship

Aboriginal Australians have been inherently part of the Australian citizenry since 1949. Prior to this, all Australians, including Indigenous people, were classified as British subjects.

Current Citizenship Laws

If you are born in Australia, at least one parent must be an Australian citizen or permanent resident at the time of your birth to qualify for citizenship. If neither parent is an Australian citizen or permanent resident, the child is considered a temporary resident.

A significant legal case in 2017 involving a man born in New Guinea to an Australian aboriginal parent set a precedent for automatic citizenship for such persons. The High Court ruled that the person's intrinsic "Australian-ness" due to their aboriginal heritage qualified them as a citizen.

Historical Context: Aboriginal Rights and the 1967 Referendum

For a long time, Aboriginal Australians did not have the right to vote under any circumstances. The 1967 referendum marked a significant turning point, as it was the first time Aboriginal Australians were counted as part of the population and gave the Commonwealth the power to make laws for the aboriginal race.

The 1976 Aboriginal Land Rights Act

In 1976, the Fraser government passed the Aboriginal Land Rights Act, which recognized the rights of traditional owners to their land. Ownership is collective, and individuals cannot hold private land rights. However, individuals can enter into long-term leases similar to the land ownership model in the Australian Capital Territory (ACT).

1984 – Voting Rights for Aboriginal Australians

In 1984, Aboriginal Australians finally achieved the same voting rights as other Australians, marking a significant milestone in their quest for full recognition.

The Mabo Ruling of 1992

The landmark 1992 Mabo ruling overturned the notion of Terra Nullius, which suggested the continent was unoccupied before British colonization. This ruling recognized the traditional ownership and rights of Aboriginal and Torres Strait Islander people to the land they have lived on for thousands of years.

Native Title – The Wik Ruling of 1996

The 1996 Wik ruling clarified that native title can coexist with private title. This means that private landholders can still legally own land, but their rights are subject to the broader rights of the traditional owners who retain native title over the land.

In conclusion, while Australian Aboriginals have been citizens since 1949, their path to full rights and recognition has been long and complex. From the historical disenfranchisement to the recognition of land rights and voting rights, the journey towards equality is ongoing.

References:

1. Australian Government – Department of Home Affairs: Citizenship and Nationality Determinations

2. High Court of Australia: Mabo and Others v Queensland (No 2)

3. Legal Information Institute, Cornell Law School: Native Title Act 1993