Aboriginal People And Law example essay topic
361 words
By Dan CANBERRA -- Aboriginal activists -- Wadjularbinna Nulyarimma, Kevin Buzzacott, Isobel l Coe and Robbie Thorpe -- have begun legal action against John Howard, Tim Fischer, Brian Harradine and Pauline Hanson, and all federal parliamentarians, for complicity in the genocide of Aboriginal nations and peoples. This action has its foundation in the need for Aboriginal people to protect themselves and future generations. The concern is that genocide will continue unless restrained by law. There is an unwritten common law right to protection from genocide. For nearly 50 years, Australia has failed to keep international treaty obligations under the 1949 Genocide Convention by failing to enact domestic law to prevent and punish genocide. Those responsible for genocide receive no immunity from being parliamentary representatives and cannot hide behind the Act of State doctrine, which the High Court and the commonwealth have used to deny the sovereign rights of Aboriginal people.
Genocide is declared a "crime of universal jurisdiction" because it is a profoundly serious crime. For this reason, charges of genocide can begin, in theory, in any court in the world. When the charges of genocide were laid in the ACT Magistrates Court on July 3, the court registrar refused to act on the grounds that genocide "is unknown to the law of the ACT". A notice of motion was then filed in ACT Supreme Court to order the registrar to issue the warrants or summons. There will be a second hearing in the ACT Supreme Court at 10 am on September 14 to determine whether genocide is a criminal offence in the ACT. The Aboriginal prosecutors and the Aboriginal Tent Embassy aim to prove to Australia and the world that genocide is certainly known to Aboriginal people, that it is against Aboriginal law, and that Aboriginal people and law are strong enough to survive and condemn it.
The prosecutors and others from the embassy, including Michael Anderson, co-founder of the embassy in 1972, are holding a public teach-in on the issue at 7 pm on August 31 in the Haydon Allen Tank at the Australian National University. fdsdfdfs.
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