Lesson 3.3 – Overturning Terra Nullius

 

Suggested Level: Middle Secondary

Learning Outcome: This lesson links to the Level 10 History Curriculum ACDSEH106, and the Civics and Citizenship Strands ACHCS093, ACHCS095, ACHCS096, ACHCS097, ACHCS098, ACHCS099.

  1. Describe the perspectives and attitudes that give rise to the discrimination and prejudice portrayed in this film?
  2. How does the Universal Declaration for Human Rights apply to this scenario?
  3. How can we make a difference in protecting the Human Rights of all Australians regardless of race, religion, belief and culture?
  4. In considering an Australian human rights charter for all Australians, create a digital mind map comprising key elements of such a charter.

Materials and resource: The Mabo Case

https://aiatsis.gov.au/publications/products/case-summary-mabo-v-queensland

‘The Mabo decision altered the foundation of land law in Australia by overturning the doctrine of terra nullius (land belonging to no-one) on which British claims to possession of Australia were based. This recognition inserted the legal doctrine of native title into Australian law. The judgments of the High Court in the Mabo case recognised the traditional rights of the Meriam people to their islands in the eastern Torres Strait. The Court also held that native title existed for all Indigenous people in Australia prior to the establishment of the British Colony of New South Wales in 1788. In recognising that Indigenous people in Australia had a prior title to land taken by the Crown since Cook’s declaration of possession in 1770, the Court held that this title exists today in any portion of land where it has not legally been extinguished. The decision of the High Court was swiftly followed by the Native Title Act 1993, which attempted to codify the implications of the decision and set out a legislative regime under which Australia’s Indigenous people could seek recognition of their native title rights.”

  1. What does terra nullius mean from a geographical and political perspective?
  2. How did this doctrine serve the British during the early period of our nation’s history?
  3. What difference does the Mabo decision make for Australia’s Indigenous people?