The Forum > Article Comments > Inconvenient fact: Native title can only exist if Australia was settled, not invaded > Comments
Inconvenient fact: Native title can only exist if Australia was settled, not invaded : Comments
By Sherry Sufi, published 22/1/2018Whether Australia's colonisation by the British Empire should be classified as an invasion or settlement is not a question of mere semantics.
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In the judgement (a long read) the Justices who found in favour are clearly cautious with their use of settlement and use quotation marks on it constantly. A clear indication they were not happy with the term being used to mark any peaceful form of colonisation.
That is reinforced by the consistent reference to violent encounters and occupation. That is recognised as happening from the very early days of invasion; 'As time passed, the connection between different tribes or groups and particular areas of land began to emerge. The Europeans took possession of more and more of the lands in the areas nearest to Sydney Cove. Inevitably, the Aborigines resented being dispossessed. Increasingly there was violence as they sought to retain, or continue to use, their traditional lands.'
That clearly describes invasion. As does this: "The dispossession of the indigenous inhabitants of Australia was not worked by a transfer of beneficial ownership when sovereignty was acquired by the Crown, but by the recurrent exercise of a paramount power to exclude the indigenous inhabitants from their traditional lands... Dispossession is attributable not to a failure of native title to survive the acquisition of sovereignty, but to its subsequent extinction by a paramount power."
Source: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/high_ct/175clr1.html?stem=0&synonyms=0&query=^%20mabo%201992