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Discovering the real history of our peoples : Comments
By Graham Young, published 1/9/2017The uproar over the use of the word 'discover' is the latest skirmish in a war over two equally mythical views of Australian history.
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Why do people insist on this fiction that the British claimed that Australia was 'an empty land' ? Of course, they didn't. Cook reported never being out of the sight of smoke from fires all along the east coast. Every explorer wrote of encounters with Indigenous people. So whoever said the continent was empty ? Nobody. Move on.
If you mean by that, 'terra nullius', then again no, 'terra nullius' didn't mean there were no people, only no system of alienable land ownership. Was there ? This is quite a crucial issue: were the relationships that hunter-gatherers had with the land those of ownership or of use ? Of course, hunter-gatherers used the land and the British - at least here in SA - recognised that from the outset. But did they 'own' the land ? Certainly groups, i.e. clans, exercised rights to exclude non-clan members seeking to use the land without permission, so I think the answer may be 'yes'. But pick up any book on land law, check out the first, historical, chapters and see for yourself. There should be plenty in your uni library.
As for treaties, with whom back then ? Would Aboriginal groups have understood what was being proposed, since after all, it was unprecedented in their experience. Who with ? Clans, i.e. the land-using groups ? Elders ? Speaking for whom ? This raises the issue of whether or not Australia was a 'res nullius', i.e. a land without government or administration. After all, clans didn't need anything like government above the level of clan, or family. Can you talk about families having government ? I suppose so, but only over clan or family members. Were there any functions of government higher than this level ?
And what would be the point of a treaty, or a multitude of treaties, now, 230 years after the event ? To specify what ? Equal rights ? Or do Indigenous people want a bit more than 'equal rights' ? It would be nice if that could be spelled out honestly.
Cheers,
Joe