Are aborigines exempt from their countries laws

I'm trying to find some information about which laws aborigines have to abide by.

Do they have their own justice system and own laws? All I know is that in Australia they're allowed to eat kangaroo which is otherwise a protected species in Australia.

Reply 1

DeathGuardElite

13

In the USA Native Americans can own weed..... but the term for natives is quite bad really as you can only use 2 continents for your search Oceania and Americas

Reply 2

Psyk

16

I think native cultures have special rights in a lot of places. I know in the USA they have native reservations that have their own laws, and presumably certain state and federal laws don't apply there. I think Canada has places that are similar.

I've heard there are exceptions to whaling laws made for Inuits and other groups that traditionally hunt whales. Although I personally think that if they're going to be allowed to hunt whales because it's their cultural tradition, they should do it in the traditional way and should be banned from using certain modern technology to do so.

Reply 3

AdvanceAndVanquish

12

Many native groups have special legal arrangements within the legal framework of their country. Are you speaking specifically about Australia here?

Reply 4

KeepYourChinUp

OP

17

Original post by AdvanceAndVanquish

Many native groups have special legal arrangements within the legal framework of their country. Are you speaking specifically about Australia here?

Yes. For example in their culture maybe it's ok to have sex with a minor, maybe it's ok to sentence death by spear for a certain crime ect.

Do they follow the same law as the rest of australia, do they have to abide by the same laws or do they have their own set laws and set punishments within their culture?

Reply 5

Darth Stewie

15

Original post by KeepYourChinUp

Yes. For example in their culture maybe it's ok to have sex with a minor, maybe it's ok to sentence death by spear for a certain crime ect.

Do they follow the same law as the rest of australia, do they have to abide by the same laws or do they have their own set laws and set punishments within their culture?

They follow the same criminal law yes, so for instance a aboriginal person couldn't beat up someone because its their tribal custom to fight if someone looks at them funny (its also why so many Aboriginal people are so over represented in the Australian prison system). The main laws that differ for them are to do with things like landownership and hunting rights as they were originally established without recognizing the Aboriginals claims.

Reply 6

KeepYourChinUp

OP

17

Original post by Darth Stewie

They follow the same criminal law yes, so for instance a aboriginal person couldn't beat up someone because its their tribal custom to fight if someone looks at them funny (its also why so many Aboriginal people are so over represented in the Australian prison system). The main laws that differ for them are to do with things like landownership and hunting rights as they were originally established without recognizing the Aboriginals claims.

I understand they can't just go beating people up but I mean let's say for example in their culture, for thousands of years their punishment for stealing from other people in the tribe is that they get their little finger cut off, or maybe as soon as child in their tribe reaches puberty it is ok to have intercourse ect.

Basically if a tribesman kills another tribesman, or a tribesman has intercourse with a minor (If in their culture that is how it is and how it has been for thousands of years) do they still get arrested by the police and taken to court ect ect or is the punishment handled within the tribe?

(edited 10 years ago)

Reply 7

Darth Stewie

15

Original post by KeepYourChinUp

I understand they can't just go beating people up but I mean let's say for example in their culture, for thousands of years their punishment for stealing from other people in the tribe is that they get their little finger cut off, or maybe as soon as child in their tribe reaches puberty it is ok to have intercourse ect.

Basically if a tribesman kills another tribesman, or a tribesman has intercourse with a minor (If in their culture that is how it is and how it has been for thousands of years) do they still get arrested by the police and taken to court ect ect or is the punishment handled within the tribe?

Both of those are criminal acts so are dealt with by the Australian police and court system, the separate classifications and laws to do with Aboriginal people are to do with civil issues not criminal ones, if anyone kills someone else in cold blood or rapes a child they will be sent to prison for a long time no matter what they perceive their culture/religion allows them to do.

Reply 8

anarchism101

17

Original post by KeepYourChinUp

I understand they can't just go beating people up but I mean let's say for example in their culture, for thousands of years their punishment for stealing from other people in the tribe is that they get their little finger cut off, or maybe as soon as child in their tribe reaches puberty it is ok to have intercourse ect.

Basically if a tribesman kills another tribesman, or a tribesman has intercourse with a minor (If in their culture that is how it is and how it has been for thousands of years) do they still get arrested by the police and taken to court ect ect or is the punishment handled within the tribe?

As far as I know there's no special exemption for aborigines with regard to age of consent laws. But in most of Australia, as in the UK, two teenagers both under the age of consent but having reached puberty having consensual sex won't be prosecuted in practice.

Reply 9

GHSilver

I don't know if this answers your question but in China the ethnic minorities (Bai, Zhuang, Tibetans etc.) Are exempt from the one child policy and have many other were privaleges.

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Are aborigines exempt from their countries laws

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