INFORMACIÓN - SEGURIDAD

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Historical Infringements of Aboriginal Rights: Sui Generis as a Tool to Ignore the Past

Historical Infringements of Aboriginal Rights: Sui Generis as a Tool to Ignore the Past

title does not appear to operate retroactively. The rights and remedies associated with a declaration of title are only available “going forward”, which restricts the title-holding group’s ability to remedy past infringements. Finally, Part III outlines how limitation periods have been applied to bar claims related to past infringements of Aboriginal rights. Taken together, these concepts show how the Court uses the sui generis nature of Aboriginal title to prioritize interests of the Crown and settlers, rather than promote reconciliation and sort out past injustices.
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Different white people:
communists, unionists and Aboriginal Rights
1946 1972

Different white people: communists, unionists and Aboriginal Rights 1946 1972

The aspect of weapons testing receiving the most scholarly attention involves the nuclear program, which commenced in the mid-1950s. For example, one article examined the cultural and political ramifications of the establishment of a weather station to monitor nuclear fallout in Central Australia. 32 A book, written in part by Aboriginal woman Yuwali traces the first encounter between a group of desert women and children (including Yuwali) and government officers, who were tasked with finding, then relocating, Aboriginal peoples to supposed safety at missions during the nuclear tests. 33 Western Australian politician William Grayden‟s personal account of visits to missions (which were filled with such relocated people), and his subsequent compilation of a damning government report about what he witnessed, were presented in Adam and Atoms. 34 As will be discussed later, the communist press provided significant coverage about Grayden‟s report and the weather station, exemplifying the relentless left-wing commitment to the safety and welfare of desert peoples. However, the few examples of literature described above epitomise the lack of scholarship pertaining to consequences of the weapons programs. In turn, it may be this lack of general study that has inhibited focussed research about the protest movement against the tests and, more specifically, about left-wing activism for Aboriginal rights regarding weapons testing in Central Australia.
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'Doctor Do Good'?: Charles Duguid and Aboriginal Politics, 1930s 1970s

'Doctor Do Good'?: Charles Duguid and Aboriginal Politics, 1930s 1970s

Charles Duguid, Speech delivered at the Melbourne Town Hall under the auspice of the Council for Aboriginal Rights hereafter CAR Speech, 19 June 195 1, Duguid Papers, National Library of[r]

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Issues of customary land for Orang Asli in Malaysia

Issues of customary land for Orang Asli in Malaysia

In case Adong bin Kuwau & others v. State of Johore [ 1997 ] 1 MLJ 418 , the land which has been the home and their homes have been taken for the construction of the dam. Once a case is referred to court , Johor Baru High Court ruled that Aboriginal rights to land must be respected , and ordered the Johor State Government to pay compensation to the community. Aggrieved by this decision , the Johor State Government has appealed to the Court of Appeal , where the appeal is finally dismissed : see [ 1998] 2 AMR 1233. In its decision , the Court of Appeal stated that Aboriginal rights recognized include the right to remain on land tingal long didukui by their ancestors , and this right is not lost or removed by modern law . In case Sagong bin Tasi & Ors v. 6 . Selangor State Government [2002 ] 2 AMR 2028 , Aborigines were expelled from their area in Kampung Bukit Tampoi , Dengkil , Selangor . Their land is required to build part of a highway leading to the airport and the Court has held that the right of indigenous peoples to their land , including the right to move freely on their land , without being hindered or interrupted , and for a livelihood from the land ( Haji Salleh Buang, 2003) .
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Linguapax Review 2010

Linguapax Review 2010

Similarly, the sections dealing with Aboriginal rights and freedoms (Section 25) and Canada’s multicultural heritage (Section 27) do not confer or guarantee any specific language rights[r]

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Aboriginal Self-Government in British Columbia: The Nisga'a Agreement in Principle

Aboriginal Self-Government in British Columbia: The Nisga'a Agreement in Principle

These statements indicate a modification of the more liberal Sparrow approach to aboriginal rights. No longer is the “integral” nature of the activity a factor, but rather a criterion. In addition, in Sparrow the relevant time for considering the nature of the right was at the time of sovereignty, whereas Van der Peet moved this date back to the time of European contact. Further modifications of Sparrow are evident in Gladstone, another of the 1996 decisions. For example, Sparrow set out a series of questions to determine whether there has been a prima facie infringement of section 35(1) rights: is the limitation unreasonable? Does it impose undue hardship? Does it deny to the holders of the right their preferred means of exercising that right? 25 In
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Land Justice for Indigenous Australians: How can two systems of land ownership, use and tenure coexist with mutual respect based on parity and justice?

Land Justice for Indigenous Australians: How can two systems of land ownership, use and tenure coexist with mutual respect based on parity and justice?

The problem is that throughout the eighteenth century the acquisition of inhabited land was regarded as falling within the category of conquest or cessation, and that neither British law and policy nor international law at that time, ‘supported the proposition that inhabited land could be dealt with as if it was uninhabited or terra nullius’ (Borch, 2001:239). Borch (2001:239) argues that sometime in the late eighteenth and early nineteenth centuries the extended doctrine of proclaiming land inhabited by hunters and gatherers to be ownerless became fairly widespread, and suggests that ‘the establishment of New South Wales played an important role in this development.’ Borch (2001:239) concludes that given Australia’s prominence in establishing the extended doctrine, legal writers went to great lengths to find precedents, because it was ‘of vital importance for the common law system to appear firmly rooted in past practices and not to be subject to whimsical change’ (Borch, 2001:239). While the common law therefore remains ‘rooted in its precedents’ (Borch, 2001:239), this is not to say that the common law cannot adapt. Indeed, as Hocking (1993:205) argues, the common law ‘is a living law that can adapt to changing circumstances, especially in those cases that involve fundamental basic "values of justice and human rights (especially equality before the law)" 202 of the societies of which it is a part’.
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Aboriginal Postsecondary Education in Canada and the Standing Committee on Aboriginal Affairs and Northern Development:  A Critical Policy Analysis

Aboriginal Postsecondary Education in Canada and the Standing Committee on Aboriginal Affairs and Northern Development: A Critical Policy Analysis

The decision making stage of the policy cycle is the stage where the government chooses the official course of action; a negative action involves a declaration that the government will do nothing new about a public problem and a positive action involves an alteration of the status quo (Howlett et al, 2009). In the case of the Harper government, the policy solution was a negative action: a delay of policy change after the meetings of the Committee. According to Kingdon (2011), policy windows can close quickly particularly if the ruling party decides that they have given adequate voice to an issue and they have made enough of a token effort to address a particular policy problem. The token action made by the Harper government was a Departmental review of Aboriginal education that shifted the policy discussion after into a forum over which the government had greater control after it formulated its response to the Committee’s report. Although the introduction to the government response indicated that the Harper government agreed that the issues raised by the report are “constructive” and “important,” the response shifted the focus from the validity of the review of the Aboriginal PSE system by the Committee to the validity of the review of the Department programs already being conducted by the
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Notice of a LALC Meeting

Notice of a LALC Meeting

Where notice is posted by mail, the _______ LALC will provide an additional four (4) working days to the period of notice required by the NSW Aboriginal Land Rights Act (1983).. More[r]

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An insight into cross cultural communication strategies in health

An insight into cross cultural communication strategies in health

are from and what your business is in their community. To the Aboriginal person it is also about listening with respect to the Dreaming stories that the Elders tell about their history, their socio economic situation, as well as their social and emotional well-being and their health. Yarning includes the chatter with the bus or car driver when they are being transported to and from their homes to an ATSIHS. Yet this researcher has discovered that it is much more serious than that. This way of communication is unique to our Aboriginal people in that they use it to discuss serious matters either within their communities or between visiting government officials, health professionals, police, and other persons of authority. When yarning occurs in this category it is respectful that the Elder of the group commences the conversations. At the beginning of the session the Elder may talk about almost anything before the real subject is approached. It is vital, as mentioned before, that the visitor does not ask direct and forceful questions if they are hoping to achieve a real answer. They must also observe sometimes long silences while the group considers what they have been told and process the request in their own minds. It is possible, as evidenced in the observance, listening is a significant part of yarning. Receiving an answer to a request or question may take but a few minutes, a week, or a month. Yarning is part of Aboriginal culture, just as using a combination of methods to communicate is to non-Aboriginal society (Coulehan et al., 2005).
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Aboriginal Women's Rights as "Existing Rights"

Aboriginal Women's Rights as "Existing Rights"

Aboriginal Women's Rights as "Existing Rights" Lcs@mes autochtonrs du C a d luttmtdcpuis 1%7af;n q w kurt droits soimt reconnw m tant q w droits humains Ces droia i n c h t , mtre autres, k droit h L'[.]

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The relevance of human rights to health status in Australian Aboriginal and Torres Strait Islander communities

The relevance of human rights to health status in Australian Aboriginal and Torres Strait Islander communities

THE RELEVANCEOF HUMAN RIGHTS TO HEALTH STATUS IN AUSTRALIAN ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES Gracelyn Smallwood, MA, PhD,Colin White, BA and Michael Kotiw, PhD "Wetook t[r]

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OXFAM AUSTRALIA S STRATEGIC PLAN FOR OUR WORK WITH ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES

OXFAM AUSTRALIA S STRATEGIC PLAN FOR OUR WORK WITH ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES

Aboriginal and Torres Strait Islander peoples and communities have a proud history of resistance and campaigning. From early days of strikes and walk offs, the movement around land rights, freedom rides and the successful referendum of 1967, to the demands for stolen wages, the development of community controlled organisations, and many other successful campaigns. There is a need for greater cohesion of Aboriginal and Torres Strait Islander responses to the many issues facing communities. While the growth of the National Congress for Australia’s First Peoples has begun to provide a platform and a voice to advocate nationally there are still limited opportunities for people working on separate yet interconnected issues to come together. While we have been advocating to different governments for many years against a one size fits all approach, we need to support people to organise and mobilise with a common purpose when it might be strategic to do so. Working collectively can strengthen Aboriginal and Torres Strait Islander social movements.
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A sexual health quality improvement program (SHIMMER) triples chlamydia and gonorrhoea testing rates among young people attending Aboriginal primary health care services in Australia

A sexual health quality improvement program (SHIMMER) triples chlamydia and gonorrhoea testing rates among young people attending Aboriginal primary health care services in Australia

Using the clinical audit data, the proportion of 15–24 year olds tested for chlamydia and gonorrhoea by consult- ation type was calculated as follows; in each six-month period, the number of individuals tested by the number of individuals who attended (repeat tests and visits of the same person were removed). The consultation types were divided into six categories; STI symptom/check (STI check, discharge, dysuria), reproductive health (contraception, pap smear, pregnancy test); adult health check (a general health assessment which includes around ten clinical assessments/tests and is recommended annually to 15–54 year old Aboriginal people, each ACCHS decides which tests are included in their template); general medical (ear, nose and throat, skin, respiratory tract infection, urinary tract infection, back pain, migraines, thyroid problems, referrals, vaccinations, smoking cessation); mental health (depression, anxiety, suicidal thoughts); and injury (broken bones, bruises). As people can attend for multiple reasons, we created a hierarchy in the order above. For example, if a consultation included a discussion about STI symptoms/ check and mental health, it was identified as a STI symp- tom consultation. In both data sources, allied health con- sultations such as dental and physiotherapy were excluded as these practitioners cannot offer STI testing, treatment and education.
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"It’s your rights, ok?": explaining the right to silence to Aboriginal suspects in the Northern Territory

"It’s your rights, ok?": explaining the right to silence to Aboriginal suspects in the Northern Territory

understanding of the court process. From 2016 in the NT, all judicial officers are called ‘judges’ (Local Court Act (NT) s 85), so the word magistrate is no longer needed, removing a lexical complexity, and perhaps aligning better with some Aboriginal languages which include words derived from judge to refer to non-Aboriginal judges, for example Yolngu djätj (Greatorex & Charles Darwin University 2014). Even where the word magistrate is in use, ‘correctly’ answering this question would require irrelevant precision. At the time of the interview, it may not be obvious whether an alleged offence is serious enough to require a trial by judge and jury. In any event, charges which go before a judge almost always pass through the lower court first and may involve evidence being heard by a magistrate during preliminary examination (committal) proceedings. Clearly, expecting or requiring suspects to know this would be unrealistic.
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Exploration of Aboriginal and Torres Strait Islander perspectives of Home Medicines Review

Exploration of Aboriginal and Torres Strait Islander perspectives of Home Medicines Review

on short-term contracts, resulting in lack of rapport and lack of continuity of patient care. Remote GPs need to prioritise acclimatisation, cultural orientation, medical emergencies and acutely ill patients, as well as manage chronic disease. Referrals for HMRs are very low in such areas. In urban and rural AHSs, the GPs are often overloaded with complex patients with high disease burden. Long and complex patient consultations may result in low prioritisation of HMRs and low numbers of HMR referrals. Participants in the study identified that they more often discussed their medicines with the nurses or AHWs, with whom they more frequently engaged, rather than with their GPs. Aboriginal Health Workers and nurses are best placed to identify patients at risk of medication mismanagement and therefore program rules need to allow AHWs and AHS nurses to write an HMR referral.
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Health related quality of life (HRQoL) among Aboriginal South Australians: a perspective using survey-based health utility estimates

Health related quality of life (HRQoL) among Aboriginal South Australians: a perspective using survey-based health utility estimates

the SAAHS Advisory committee, or previously validated instruments for population health assessment. The sub- set of questions available to our study included: socio-demographic characteristics of gender, age in 10-year groupings and urban, regional or remote area of residence; Aboriginal language use categorised as either English or Aboriginal/Aboriginal English as the main language at home; employment as under-employed, employed at home, or employed outside the home; yearly income as $20,000 or less. Interviewees were also asked whether a doctor had ever diagnosed them with any of the following conditions: diabetes; renal disease; hearing loss; mental health issues; asthma; or, hyperten- sion. The number of chronic conditions reported by each respondent was summed and categorised as no conditions, 1 or 2 conditions, or 3 or more conditions.
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Differences between values of Australian Aboriginal and non-Aboriginal students

Differences between values of Australian Aboriginal and non-Aboriginal students

associated with Conformity, Tradition and Security tend to serve collective interests and are largely concerned with stability of society and close-knit harmonious relations where the interest of the person is not viewed as distinct from those of the group (Schwartz, 1992). Tradition values also imply a respect, commitment and acceptance of the customs and ideas that one's culture imposes on the self. The greater concern for Security could well reflect the uncertain position of the Aboriginal in Australian society. A very small part of the population (1.5%), the Aboriginal people have struggled to find their place in modern Australia. The finding that Aboriginal students had significantly lower scores on Achievement, Self- direction, Stimulation and Hedonism suggests a less-ready acceptance or endorsement of individualistic type values. Values associated with Achievement, Self-direction, Stimulation and Hedonism tend to serve individual interests and are concerned with desires for mastery, openness to change, arousal, esteem and social superiority (Schwartz, 1992).
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"All our people are dyin' ": diet and stress in an urban Aboriginal community

"All our people are dyin' ": diet and stress in an urban Aboriginal community

The report of the Joint Parliamentary Committee recommended some major changes in the legislation affecting Aborigines which were put into effect in 1969. The Aborigines Protection Act (and amendments) was repealed, to be replaced by the Aboriginal Affairs Act (1969), and the Aborigines Welfare Board was abolished. Responsibility for Aboriginal Welfare shifted to the Minister for Child Welfare and Social Welfare, and all reserves were to be closed, the land coming under the control of the Aboriginal Lands Board. Residents were to be resettled into towns. An all-Aboriginal conference was held in Kempsey in 1969 to discuss the changes and consider their impact on local Aboriginal communities. The conference was attended by representatives of other mid-north coast communities and speakers included Mr Charles Perkins (research officer with the Office of Aboriginal Affairs in Canberra), Mr Ken Brindle (state secretary of FCAATSI), Mr Alan Duncan (Department of Adult Education) and Mr W. Humphries (senior welfare officer for the Aborigines Welfare Board) (Macleay Argus, May 20, 1969). The
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Aboriginal Health Worker perceptions of oral health: a qualitative study in Perth, Western Australia

Aboriginal Health Worker perceptions of oral health: a qualitative study in Perth, Western Australia

up interview was conducted with one participant based on her past experience working with pregnant Aborigi- nal women. Thirty five health workers (28 females and seven males) from 13 different sites agreed to participate and were interviewed either by an Aboriginal or non- Aboriginal researcher or, where possible, by both. The lower number of male participants reflected the fact that there are nearly three times as many female AHWs employed as male in Australia [28]. Participants were given information about the project and invited to ask questions prior to signing consent forms to participate in interviews or focus groups. These were recorded, tran- scribed and imported into NVivo, a software programme to assist in the organisation and management of data during the analysis (http://www.qsrinternational.com).
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