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Background Information

1. The Aboriginal Australians are defined as the set of people who mainly belongs to the Aboriginal race of Australia. The aboriginal people have the high rate of different physical disability and it is near about three times greater than the non-aboriginal Australians is. The aboriginal people have the higher rate of diabetes along with the kidney diseases. After going through the entire Australian continent, it has been found that the Aboriginal people have their own set of language and culture. This mainly sets them aside from the Torres Strait Islanders. Along with that, Brown et al. (2014) said that both of them are separated by their land areas along with the relationship and the language that they use. Their areas mainly ranged from the desert surroundings to the green woodland areas. Therefore, different groups have developed the different skills and have created a unique knowledge regarding their environment. The kinship mainly affects the decisions regarding the marriage and it directs the larger portion of the behaviour of them. Both the entities are very much different in terms of their rules and regulations. In addition to that, the different geographic location associated with loads of language is the main diversifying factor in between the Aboriginal Australians and the Torres Strait Islanders (Tomyn, Tyszkiewicz & Norrish, 2014).

2. According to Bell?Booth, Staton & Thorpe (2014), the Indigenous Intellectual Property Rights is the phrase that is mainly used in both the national and international forums in order to identify the rights of the indigenous people that make them able to protect their cultural knowledge and the intellectual property. One of the cases was found in 2002 August, Kimberley. The indigenous people around the world joined an international indigenous people’s gathering over the concept of sustainable development in the Khoi-San area, which is in the Kimberley. They have stated that their cultural heritage needs to be respected and promoted. Along with that, their intellectual property rights needs to be ensured. They have also decided the fact that their cultural knowledge does not belong to the public domain. It is signified as the collective intellectual property that is protected under their laws. They have regarded any kind of misappropriation of the traditional knowledge as theft. On the other hand, in 2007 the United Nations General Assembly declared the actual rights of the indigenous people. Along with that, it also stated that there is an urgency regarding the respect and the promotion of the rights of the indigenous people that can be derived from their different political, social and the cultural structures.

Intellectual Property Rights of Aboriginal Australians

3. The declaration of the United Nations over the rights of the indigenous people was mainly generated in 2007. The particular declaration mainly sets out the collective and the individual rights of the indigenous people along with the rights regarding their culture, language, health, identity and the education. According to Vincent et al. (2013), it mainly puts an ample amount of focus over the maintenance of the rights of the indigenous people in order to provide a set of strength in their own culture and traditions. In addition to that, it also promotes the effective participation regarding all the matters that are concerning to them and to their rights in order to remain different from others and to reach to the persuasion of their own social developments. The proper declaration mainly encourages the countries in order to work jointly with the indigenous people in order to solve the different global issues such as the proper development along with the decentralisation. 

4. The NSW Aborigines Protection Act includes the previous legislations that consist the 1867 law that prohibits the selling of alcohol to the Aboriginal people. This also provides the Aboriginal people having the mixed blood in order to be issued with the different certificates of the exemption that mainly releases them from the different rules regarding the Aborigines Protection Act along with its regulations. Tomyn, Norrish & Cummins (2013) said that the people are not even allowed to visit their families and if they are found while doing so, then they are punished. The welfare board has witnessed regarding the enhancement in the number of certificates that are issued as a proof of the success of their assimilation policy. The assimilation policy means that the individual families were influenced to share their lives in the different towns with the non-indigenous people. Earlier the government policies had removed the Aboriginal people from their own lands to the reserves. This is known as stations. The assimilation policy mainly aims to break these reserves and provide enthusiasm to the aboriginal people to surrender the seasonal work that replaces this with the different regular working process for wages.

5. The day of mourning was the protest that was held by the Aboriginal Australians on 26 January 1938. The Aborigines Progressive Association based in the NSW organised it. The leaders of the protest had the support from the AAL (Australian Aborigines League) that was in Victoria. Hing, Breen, Gordon, & Russell (2014) said that the day mainly started with a march throughout the streets of Sydney and many aboriginal people and the non-indigenous people attended the march. The indigenous Australians it is considered as the anniversary of the landing of the first fleet. The indigenous people performed this protest against the 150 years of mistreatment that they barred from the white people in the Australia. It mainly symbolises the killing or the destruction of the large group along with the loss of the land, the human rights, and the culture that the indigenous people had. Along with that, they also treat the day as a chance so that they can draw the attention from the white people of Australia. They provide a brief image of the scenario of the fact that what the white people had done to the indigenous people in past along with the fact that how they can secure the future of the Aboriginal people (Dalton, Wilson, Evans & Cochrane, 2015). 

United Nations Declaration and Indigenous Peoples' Rights

6. The stereotypes can easily take different shapes and forms. Some of the common ones have been done on the Aboriginal people of Australia. These are primitive and they have a lack of complex laws along with the social organisations. Muller (2014) said that these aspects are described as negative and it is believed that the Australian Aboriginal people get affected by this activities. The people can be stereotyped when they are described in a simple way or just knowing them through the usage of one or two characteristics. This creates the barrier for the Australian Aboriginal in order to come into the mainstream. This does not allow the people to join with the white people in Australia and make themselves comfortable in front of them. According to Hing, Breen, Gordon & Russell (2014), a major portion of the aboriginal people resides in the major cities of Australia; therefore, they have to suffer the discrimination from the white people. This mainly reduces the level of confidence in between the indigenous people and they are thrown out from the mainstream of the society.

7. The Aboriginal deaths in the custody mainly become an issue regarding the concern of the community in Australia because of its well-known perception that a huge number of indigenous Australians had died in the jail custody after they were arrested by the police or they were convicted of any offence. The Royal Commission into the Aboriginal Deaths in Custody was created in 1987 in order to investigate the different allegations on the police. According to Barney (2014), the commission concludes the fact that the deaths were not due to the killings by the police. Therefore, it can be said that the establishment of this commission mainly helps the Aboriginal people to have proper justice in the custody.

8. Eddie Mabo was an indigenous Australian who belongs to the Torres Strait Islands and he was famous for his role in the high court decision that was taken in 1992. That court case turned the Australian Law regarding the land and the title. In 1981, he made a speech at the James Crook University at the land rights conference and there he explained the inheritance system of the land on Murray Island. The Mabo decision mainly presented different political and legal questions that include the validity of the titles that are issued after the commencement regarding the Racial Discrimination Act 1975. Along with that Cox, Moscovis, Blackwell & Scott (2014) said that it also had the consequences regarding the future development of the land that were affected by the different native titles. In addition to that, it also has a proper level of consequences regarding the different procedures for the different issues regarding the native titles.

NSW Aborigines Protection Act

9. Reconciliation mainly defines the process of bringing both the Aboriginal people and the Torres Strait Islanders along with the other Australians together. It is considered as a process and at the end of which there may be reconciliation, however, this cannot be guaranteed. It has the elements of truth along with justice, love, healing, and forgiveness. Providing support to the reconciliation defines the process of working together in order to overcome the division. However, Zander et al. (2013) said that there are several issues in the reconciliation process. These are understanding the features of the country. Improvement of the relationships in between the people is also considered as another issue regarding the process.

Barney, K. (Ed.). (2014). Collaborative ethnomusicology: New approaches to music research between Indigenous and non-Indigenous Australians (Vol. 13). Melbourne: Lyrebird Press.

Bell?Booth, R., Staton, S., & Thorpe, K. (2014). Getting there, being there, staying and belonging: A case study of two indigenous Australian children's transition to school. Children & Society, 28(1), 15-29.

Brown, A., Carrington, M. J., McGrady, M., Lee, G., Zeitz, C., Krum, H., ... & Stewart, S. (2014). Cardiometabolic risk and disease in Indigenous Australians: the heart of the heart study. International journal of cardiology, 171(3), 377-383.

Cox, A. J., Moscovis, S. M., Blackwell, C. C., & Scott, R. J. (2014). Cytokine gene polymorphism among Indigenous Australians. Innate immunity, 20(4), 431-439.

Dalton, B., Wilson, R., Evans, J. R., & Cochrane, S. (2015). Australian Indigenous youth's participation in sport and associated health outcomes: Empirical analysis and implications. Sport Management Review, 18(1), 57-68.

Hing, N., Breen, H., Gordon, A., & Russell, A. (2014). Risk factors for problem gambling among indigenous Australians: an empirical study. Journal of Gambling Studies, 30(2), 387-402.

Hing, N., Breen, H., Gordon, A., & Russell, A. (2014). The gambling behavior of Indigenous Australians. Journal of Gambling Studies, 30(2), 369-386.

Muller, L. (2014). A theory for Indigenous Australian health and human service work. Allen & Unwin.

Tomyn, A. J., Norrish, J. M., & Cummins, R. A. (2013). The subjective wellbeing of indigenous Australian adolescents: validating the personal wellbeing index-school children. Social Indicators Research, 110(3), 1013-1031.

Tomyn, A. J., Tyszkiewicz, M. D. F., & Norrish, J. M. (2014). The psychometric equivalence of the personal wellbeing index school-children for indigenous and non-indigenous Australian adolescents. Journal of Happiness Studies, 15(1), 43-56.

Vincent, F. B., Bourke, P., Morand, E. F., Mackay, F., & Bossingham, D. (2013). Focus on systemic lupus erythematosus in Indigenous Australians: towards a better understanding of autoimmune diseases. Internal medicine journal, 43(3), 227-234.

Zander, K. K., Dunnett, D. R., Brown, C., Campion, O., & Garnett, S. T. (2013). Rewards for providing environmental services—Where indigenous Australians' and western perspectives collide. Ecological Economics, 87, 145-154.

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My Assignment Help. 'Aboriginal Australians And Their Culture Are Essay-worthy.' (My Assignment Help, 2022) <https://myassignmenthelp.com/free-samples/ise1000-introduction-to-aboriginal-and-torres-strait-island-australia/indigenous-intellectual-property-rights-file-A8D726.html> accessed 19 April 2024.

My Assignment Help. Aboriginal Australians And Their Culture Are Essay-worthy. [Internet]. My Assignment Help. 2022 [cited 19 April 2024]. Available from: https://myassignmenthelp.com/free-samples/ise1000-introduction-to-aboriginal-and-torres-strait-island-australia/indigenous-intellectual-property-rights-file-A8D726.html.

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