Indigenous Culture - Coursework Example

INDIGENEOUS Name Institution Date Diversity For Aboriginal and Torres Strait Islander, visual arts are central to their identity, place, and belonging. They express a unique and continuing tradition and are essential for the continuation of Indigenous culture (Australia Council for the Arts, 2007). Indigenous visual arts are rich and diverse, and represent the distinct differences between geography, tribes, languages and dialects. It covers painting, printmaking, craft, photography, sculpture and multimedia. However, the emergence of 'dot' paintings from Central Australia has been referred to one of the greatest art movement of the twentieth century. Today, indigenous art range from a wide variety of medium from works on paper and canvas to fibre and glass. There is also great diversity in the geographic representation and subject matter of Indigenous visual art. Visual Arts messages are of political, social or cultural reasons. Indigenous Intellectual Property Rights A company importing carpets was found to have found guilty of infringement of some indigenous artwork in 1993. One of the owners of the artwork instituted a copyright action against that company in the case M*(deceased) v Indofurn (Janke 2003). The artists sought permission from the National Indigenous Arts Advocacy Association (NIAAA) to take action against illegal importation. The artists work was significant to her people of Rirratingu clan. The artwork is owned communally. Under the Aboriginal law, the right to such artworks creation and dreaming stories or using pre-existing designs resides with traditional owners. Copyrights protect artistic works that are original. Under the Australian law, a copyright continues to exists for 50 years after owners death. Although some of the artists, in this case, were deceased, a duration of fifty years had not elapsed, and thus copyright still subsisted. It was decided that the copyright of the owner of artistic has rights to reproduce and publish their work (Janke 2003). The importation of the artwork was an infringement of copyright without licence of the owner for commercial purposes. United Nation The United Nation Declaration on the Rights of Indigenous people is a significant achievement after many years of state reluctance in addressing their issues. The Declaration has gone beyond previous international treaty on their rights and include key areas such as land rights, self-determination, land and resources rights and respect to previous treaty. Australia, under Howard government, voted against the Declaration. Following a change in government in 2007, the Australia government endorsed the Declaration in April 2009 (Declaration on the Rights of Indigenous Peoples 2007). Australia now has accepted it as a framework for identifying and protecting Indigenous Australians rights. In 2010, the National Congress of Australia's First Peoples was established as a fulfillment that the indigenous people have right in public participation in issues that affect their interests and rights. The declaration is an important step that will help to close the gap between indigenous and non-indigenous Australia. It emphasizes on their dignity as well as their aspiration allowing them to work with others in closing the gap. For example, it re-affirms that they have a right to participate in making their decisions, their lands and cultural respect. All these rights will ensure improved quality of life regarding education, health, employment and so on among Aboriginal and Torres Strait Islander people. Australian Policies When George Thornton was appointed as NSW Protector of Aborigines in 1881, new policies towards Aborigines began. This new era was characterized by the policy of protection but it, in fact, represented the segregation of Aborigines from the white people. It was aimed at moving Aborigines from the society and allows them to live their old system of life. The White believed that the only possible way of preserving the race in its purity is by segregating them in large reserves that were created NSW Aboriginal Protection Board . One of the key aspects of Aboriginal Protection Policy" (NSWALC) was segregation to protect the white people from encountering with inferior race, Aborigines. The Aborigines were prevented from entering pubs, restaurants, using public transport and even working in particular jobs (Lippmann 1994). The assimilation policy was adopted in 1937 at Aboriginal Welfare conference. Aborigines of mixed race were assimilated into the white society, or let those not willing to assimilate become extinct. This was premised on the elimination of their language, customs and rituals to allow absorption (Macintyre 2004). Assimilation policy was officially proclaimed in 1951 indicating Aborigines shall attain the same manner of living and enjoy similar rights and responsibilities (Lippmann 1994). Aboriginal Day of Mourning In the Early 20th Century, it was difficult for the Aboriginal people to organize and campaign together for change because these movements were limited in their reserves. Despite this, Aboriginal activist groups formed as Australian Aborigines Progressive Association (AAPA) whose rhetoric included confident assertion of indigenous heritage and identity. This group campaigned across Australia for greater representation for Aborigines in government and reform of the Aboriginal Protection Board. In 26th January 1938, one of the protests organized by these groups was the Day of Mourning that gathered people in Sydney to mark 150 years since British Invasion. The meeting was against the callous treatment by the Whiteman. The Aborigines Claim Citizenship Rights‘manifesto was an appeal to the Australian nation to make laws that would raise their status and equality in the society such as education and care (Horner & Langton, 1987, 29). The Day of Mourning did not only send the message to the general public but also but also clear demands that had overwhelming effect as many people were not aware of the real Aboriginal situation. The speakers stated that it was time to do something or themselves' and this resulted in unity among Aboriginal people. In the same year, the government established a committee to oversee Aboriginal issues. Although demands and requirements were not to be met overnight, it drew the attention of the press and had a great impact on Australian public awareness of the Aboriginal issues. Stereotyping and Misrepresentation of Aboriginal and Torres Strait Islander people The Indigenous people are represented as being distortions of actual reality. This Aboriginal identity that has been constructed in Australian society has imposed political and social discursive regimes on Aboriginal people through false dichotomies (Hodge & Mishra 1992). The Indigenous people have been positioned as being unsophisticated, incompetent and naïve. Pearson stipulates that good citizenship requires responsibilities and rights; this appeals to the virtues of mainstream Australia who are perceived to be good citizens. In fact, Pearson explanation of inequality is a characteristic of Indigenous people; they are perceived to be the undeserving poor who are not hardworking, lack financial skills, and alcoholic. This stereotyping allows the Indigenous people to structurally marginalized and underrepresentation in various social factors. When compared to non-indigenous Australia they have higher unemployment, lower level of education attainment and less income. Stereotypes and racism have continued to hold back the potential of Aboriginal people in Australia because it affects their health. Research shows that indigenous people are likely to die ten years younger, suicidal rates are twice the national rate and makeup of 27% prison population. The Royal Commission into Aboriginal Deaths in Custody The commission was formed in 1987 after public concern regarding the deaths of Indigenous people in custody. It examined the circumstances under which the deaths in prison or police custody of Indigenous people for ten years. The commission found that the Indigenous people were over-represented in their contact with the criminal justice systems (Beacroft, Lyneham & Willis, 2011). The final report of the Commission was represented in 1991 and indicated that the Indigenous people were more likely to be imprisoned. The royal commission gave over 330 recommendations; however, very few have been implemented. Every year, Aboriginal people continue to die in custody. Although the numbers have reduced since the commission was established, the Indigenous people still account for 28 per cent of juvenile detention and 33% of people involved in police custody yet they account for approximately 2.5% of total Australian population. Mabo Mabo was from Torres Strait and was born in 1936. During his upbringing in Torres Strait, the Australian government had enacted various policies that regulated their live. However, he believed that the land he grew up belonged to his people because they had lived there even before white settlers. But, according to the Australian law that land was owned by the government. However, he believed the laws were unjust and pursed to bring change. In his speech while working at the James Cook University of Queensland, he explained about their history and cultural land ownership and inheritance. A lawyer heard about his speech and was willing to support him to contest the government in court to know who own the land. Although he did not live to witness court verdict, the High Court ruled in their favor and this facilitated the establishment of land rights legislation called Native Title. The Mabo decision was a legal case Mabo and others v Queensland (No 2) (1992). The Mabo Case is very significant to his people as it helped confirm that the Meriam people were the real owners of the Murray Islands. It challenges the existing laws which were based on the assumption that his people had no concept of land ownership by recognizing that the Indigenous people had lived in Australia for many years and had been dispossessed their land (Keon-Cohen, 2000). What is Reconciliation in an Indigenous Australian context? The term reconciliation emerged in the late 1980s during the 200th Anniversary of British invasion in Australia. In 1991, Royal Commission into Aboriginal Deaths in Custody (1991) recommended the government to initiate a formal reconciliation process. Aboriginal and Torres Strait Islander Commission (ATSIC) was established, which resulted in legislation for a Council for Aboriginal Reconciliation Act (CAR). However, it failed to focus on issues of sovereignty, land title and self-determination (Gunstone, 2004). Another aspect of reconciliation Reconciliation Action Plan that provides a framework for organizations to make changes and develop plans showing what they will do in their areas of expertise and interests to contribute to reconciliation in Australia. These plans outline actions that organizations will take to build strong relationships and enhanced respect between Indigenous peoples and other Australians. The most recent one was the national apology presented by Rudd as a formal apology the Aboriginal people (Rudd 2008). Rudd apologized on behalf of government and parliament for the pain and suffering to the Aboriginal people such as taking their children and indignity policies inflicted on the people and their cultures. As a result of an organization called ‘The National Sorry Day Committee' was formed that promoted the celebration of the apology anniversary each year. References List Australia Council for the Arts, 2007, Protocols for producing Indigenous Australian visual arts, 2nd Edition, viewed from www.australiacouncil.gov.au/__data/ assets/pdf_file/0004/32368/Visual_arts_protocol_guide.pdf Beacroft, L., Lyneham, M., & Willis, M 2011, Twenty Years Of Monitoring Since The Royal Commission Into Aboriginal Deaths In Custody: An Overview By The Australian Institute Of Criminology, Australian Indigenous Law Review, Vol.15 No.1, pp. 64-84. Declaration on the Rights of Indigenous Peoples 2007, Resolution 61/295 adopted by the General Assembly at its 107th Plenary Meeting. Gunstone, A 2004, The formal Australian Reconciliation Process 1991 – 2000. Unpublished PhD Thesis. Janke, T 2003, Case Studies On Intellectual Property And Traditional Cultural Expressions, World Intellectual Property Organization, viewed http://www.wipo.int/edocs/pubdocs/en/tk/781/wipo_pub_781.pdf Keon-Cohen, B A 2000, "The Mabo Litigation: A Personal and Procedural Account" Melbourne University Law Review 24(3), viewedhttp://www5.austlii.edu.au/au/journals/MelbULawRw/2000/35.html Lippmann, L 1994, Generations of Resistance: Mabo and Justice. Melbourne: Longman. Macintyre, S 2004, A Concise History of Australia. Cambridge: Cambridge U P. Rudd, K. 2008, Apology to Australia’s Indigenous Peoples, Hansard, House of Representatives, Parliament of Australia, 13 February, pp. 167–173. Viewed on http://www.aph.gov.au/Hansard/reps/dailys/dr130208.pdf Read More

Following a change in government in 2007, the Australia government endorsed the Declaration in April 2009 (Declaration on the Rights of Indigenous Peoples 2007). Australia now has accepted it as a framework for identifying and protecting Indigenous Australians rights. In 2010, the National Congress of Australia's First Peoples was established as a fulfillment that the indigenous people have right in public participation in issues that affect their interests and rights. The declaration is an important step that will help to close the gap between indigenous and non-indigenous Australia.

It emphasizes on their dignity as well as their aspiration allowing them to work with others in closing the gap. For example, it re-affirms that they have a right to participate in making their decisions, their lands and cultural respect. All these rights will ensure improved quality of life regarding education, health, employment and so on among Aboriginal and Torres Strait Islander people. Australian Policies When George Thornton was appointed as NSW Protector of Aborigines in 1881, new policies towards Aborigines began.

This new era was characterized by the policy of protection but it, in fact, represented the segregation of Aborigines from the white people. It was aimed at moving Aborigines from the society and allows them to live their old system of life. The White believed that the only possible way of preserving the race in its purity is by segregating them in large reserves that were created NSW Aboriginal Protection Board . One of the key aspects of Aboriginal Protection Policy" (NSWALC) was segregation to protect the white people from encountering with inferior race, Aborigines.

The Aborigines were prevented from entering pubs, restaurants, using public transport and even working in particular jobs (Lippmann 1994). The assimilation policy was adopted in 1937 at Aboriginal Welfare conference. Aborigines of mixed race were assimilated into the white society, or let those not willing to assimilate become extinct. This was premised on the elimination of their language, customs and rituals to allow absorption (Macintyre 2004). Assimilation policy was officially proclaimed in 1951 indicating Aborigines shall attain the same manner of living and enjoy similar rights and responsibilities (Lippmann 1994).

Aboriginal Day of Mourning In the Early 20th Century, it was difficult for the Aboriginal people to organize and campaign together for change because these movements were limited in their reserves. Despite this, Aboriginal activist groups formed as Australian Aborigines Progressive Association (AAPA) whose rhetoric included confident assertion of indigenous heritage and identity. This group campaigned across Australia for greater representation for Aborigines in government and reform of the Aboriginal Protection Board.

In 26th January 1938, one of the protests organized by these groups was the Day of Mourning that gathered people in Sydney to mark 150 years since British Invasion. The meeting was against the callous treatment by the Whiteman. The Aborigines Claim Citizenship Rights‘manifesto was an appeal to the Australian nation to make laws that would raise their status and equality in the society such as education and care (Horner & Langton, 1987, 29). The Day of Mourning did not only send the message to the general public but also but also clear demands that had overwhelming effect as many people were not aware of the real Aboriginal situation.

The speakers stated that it was time to do something or themselves' and this resulted in unity among Aboriginal people. In the same year, the government established a committee to oversee Aboriginal issues. Although demands and requirements were not to be met overnight, it drew the attention of the press and had a great impact on Australian public awareness of the Aboriginal issues. Stereotyping and Misrepresentation of Aboriginal and Torres Strait Islander people The Indigenous people are represented as being distortions of actual reality.

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