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  • Essay / The Northern Territory Emergency Response Bill 2007:...

    The implementation of the Northern Territory Emergency Response Bill 2007 (the Emergency Response Act 'intervention) reproduces the colonial view that indigenous people are not entitled to citizenship rights as granted in the Racial Discrimination Act. 1975 (GDR) or control over the use of the land they occupied before British colonization, as granted to them by law in the Aboriginal Land Act 1991 (Qld), (ALA), (UMIS, 2011) . British colonization policies and subsequent land laws were formulated in the belief that colony was acquired through the colonization of an empty land called Terra Nullius (Macintyre, 2009, pp. 4-5). The first settlers recognized the presence of the natives, but justified the usurpation of their lands by arguing that they were too primitive to be owners and/or sovereigns (Macintyre, 2009, p. 4-5). Although the GDR aims to ensure equality for all, regardless of race, color, ethnicity or national origin (Australian Human Rights Commission, nd, section 5), these measures have often proven insufficient to protect people. indigenous people from the unjust policies of the Commonwealth. Similarly, the purpose of the ALA, which is to recognize indigenous peoples' land interests (UMIS, 2011), has only done so in certain situations. Ultimately, both laws fail to protect indigenous people, as the Commonwealth simply ignores them by recalling the colonial principle of Terra Nullius when it serves their political purposes. Without notice and without consulting Aboriginal leaders, the implementation of the Invasion Act sent police troops into the Northern Territory (NT) Aboriginal lands seize all community assets and dismantle all programs run by the community (Saban & Curtis, 2012 [video]). The government passed this bill in response to reports that, due to extreme poverty and high rates of alcohol abuse...... middle of document ......975. InLegislation. Retrieved from: https://www.humanrights.gov.au/our-work/legal/legislation Macintyre, S. (2009). A Concise History of Australia, (pp.1-121). New York: Cambridge University Press. Macoun, Alissa (2011) Aboriginality and intervention in the Northern Territory. In Australian Journal of Political Science, 46(3), pp. 519-534. doi:10.1080/10361146.2011.595700Saban, S. and Curtis, D. [Our Generation Film]. (2012). Our generation: full version (2010, 73 min) [video file]. Accessed at: https://www.youtube.com/watch?v=Tcq4oGL0wlI University of Melbourne Indigenous Studies (UMIS). (2011). Native Land Act 1991 (Qld). In ATNS Project on Negotiated Agreements, Treaties and Settlements [online]. Retrieved from: http://www.atns.net.au/agreement.asp?EntityID=674