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The Forum > Article Comments > Native title is still alive > Comments

Native title is still alive : Comments

By Sean Brennan, published 3/10/2006

Scaremongering about the Noongar decision ignores the continuity with previous decisions

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Nice piece Sean,

The now retired Judge who made the determination, Justice Wilcox today reminded us that the politicisation of Mabo and Wik in the early nineties still provides [after all these years] the sensationalist anti-Aboriginal sentiment that Howard (and Bomber Beazley. See http://www.abc.net.au/news/newsitems/200610/s1754261.htm

One could argue that this deep subtext of racist anti-Aboriginalism contributed significantly to Howard being elected in 1996.

Howard, like those who calmly slaughtered Aboriginal women and children on the frontier, has no compunction to negotiate anything with us because we represent his own political antithesis. We know who we are, we know this land is ours, and we are Aboriginal first, Australian second.

That the Noongar native title determination does not confer exclusive title, isn’t a threat to people's backyards, doesn't take away freehold land or in fact the rights of most lease holders is inconsequential to Howard.

Any opportunity to slag off at blacks is a vote winner - so callous and ruthless is this man who then talks about the virtues of ‘Australian values’. He makes me sick looking at him
Posted by Rainier, Tuesday, 3 October 2006 2:05:47 PM
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On the television , the night that native title was announced there were scenes of ecstatic Aboriginals celebrating their 'win'. Among them was a very well dressed Aboriginal elder [nice suit, nice tie etc] who stood up to the microphone and said,"Now the whites can pay their rent for this country!"
And that said it all for me.
There was not a starved,poorly dressed,badly treated,oppressed looking aboriginal in sight. All looked prosperous, well fed, probably had the latest vehicles, good homes.
Native Title is a discriminating ,apartheid piece of unfair judgement. Are Australians all equal ? Doesn't seem like it.
White Australians must pay rent to black Australians for the privilege of living in a land that has been developed by the pioneers and their descendants. There is no fairness in that.
Posted by mickijo, Tuesday, 3 October 2006 2:49:07 PM
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Mickjo, do yourself, your family, and especially your dog a favour, put down that playboy magazine, wipe your hands, and read the Wilcox determination here:http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1243.html

While you're at it, try and think deeper and analytically about these issues. Its people like you that bring down the good reputation of fair minded, hard working, white Australians.
Posted by Rainier, Tuesday, 3 October 2006 3:11:56 PM
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I wonder if the author of this article is going to bag Mr Carpenter (Labour Premier)for appealing this decision or is he just another Howard basher. It seems laughable that Mr Carpenter claims this appeal is needed to clarify the law. When has the legal profession clarified anything?

I don't know if this is a good or bad decsion to grant this title because no one (especially the lawyers) seem to be able to put in plain English what the decision means. The Labour party says they agree with native title and then appeal against it. Are they unified on anything?
Posted by runner, Tuesday, 3 October 2006 3:25:12 PM
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In appealing the Noongar decision to the full Federal Court, premier Carpenter is quoted as saying his government wanted clarification as he regarded the claim as not in line with previous claims, particularly the Yorta Yorta. But you don't appeal to a full bench unless you want the whole case overturned, and the WA Government, or any other Australian government for that matter simply wants a return to their comfort zone. They just don't want to think about it

Surely if you indulge in the type of spin of Carpenter, supporting Native Title, negotiations, etcetera, then you bite the bullet and sit down and accept the judge's decision and get on with it. You determine through consultation the boundaries of the claim.

I am a bit surprised that the claimants haven't upped the ante on the ALP by suggesting that by their appeal and a further waste of taxpayers money, the claimants will harden their negotiating stance. It may not make them a lot of friends but it is a distinctly old world legal tactic that can put the frighteners on some.
Posted by jup, Tuesday, 3 October 2006 10:05:23 PM
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I live and work with Aboriginals in Wiluna WA. Whilst I am very much sympathetic to the 'land rights' cause of Aboriginals and was elated to hear of their 'win' in court, the local reaction here greatly disappointed me. Our local mob, not Noongar, were not thrilled at all that their relatives, albeit maybe distant, had received what I saw as justice as last. One spokesman explained to me that in the opinion of other Aboriginals, the Noongar people did not deserve to win because they no longer practice 'lore'. He stated that they had 'lost their culture' as further explanation. Consequently he and other Aboriginals here had no intention of celebrating what to them was an unfair legal decision based on unfair claims. In fact, the locals have bitterly resented this latest decision.

Make of this insight what you will. My own perception of 'Aboriginality' has been fundamentally changed. Although I have tried to rationalise this reaction squarely with myself, I feel that Australia's first and sovereign inhabitants must create more internally cohesive bonds and pathways themselves, before they are are able to receive the full recognition that they truly deserve, in either the short or the long term.
Posted by banpokies1, Wednesday, 4 October 2006 2:13:20 AM
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rainier, "Playboy Magazine", "dog"?Is that what you call sensible response?
The post I put in states exactly how I feel about giving 'title' to some but not to others. Unfair, discriminating,apartheid. Why should a minority have more rights that the majority? Why should the majority be forbidden access to parts of this free country. Would you complain if the situation was reversed and we put up signs,"No Aboriginals"? What sort of a ruckus would that bring about!
As another poster has written, other Aboriginals will complain that THEY are not being given the same treatment.
The whole question of native title should now be completely struck off from the law. It discriminates and we are told that is wrong.
Posted by mickijo, Thursday, 5 October 2006 4:11:52 PM
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mickiijo
Let me try to put it in perspective. You and your extended family have some land, its yours you know it is, others around you know it is, but you have no title deed – because you never needed one.

This goes on for decades, centuries, millennia even. Then a culture from another place comes and says you don’t exist (terra nullius) thus no legal impediment to settlement .

Not much you can do about it ‘cause you don’t exist.

A couple of centuries pass and the concept of terra nullius is found to be crap, you really did exist. Of course you can’t turn back the clock so you only get back the bits of your land that nobody else wants.

But of course its not that simple, you still have to prove that you have continued to use those bits of land, when you do and a court agrees, bigoted racists emerge to say they are being discriminated against.

Then the political spin gets rolling, the WA govt. wants a decision from the full bench of the Federal Court (fair enough lets get some certainty). John (I am really not a racist) Howard turns purple.
Crystal ball gazing. The Full bench of the Federal Court dismisses the appeal, the WA Govt. is happy but Howard et al appeal to the High Court. Loosing office in the next election they leave native title to the Labor Party yet again.

The 7% racist vote does not help Howard win this time and they skulk back to their spider holes where they belong.
Posted by Steve Madden, Thursday, 5 October 2006 5:22:18 PM
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Steve,
'Let me try to put it in perspective. You and your extended family have some land, its yours you know it is, others around you know it is, AND you HAVE A title deed ....

This goes on for decades, centuries.... Then a PARTY/GOVT COMES ALONG & SAYS WE'LL TAKE AWAY YOUR RIGHTS .

www.parliament.nsw.gov.au/prod/PARLMENT/hansArt.nsf/V3Key/LA1997052103

Not much you can do about it .... '

It happens every day, in one form or other, to farmers & home owners whose property is needed for "development".
In the case of farmers, one may have land resumed -declared a 'road' and force thereafter to pay rent on it because it runs through your land.
[I'll bet the new owners in WA never get to pay rates/taxes on it]

And on another level, we have conscription-where ones son (or more rarely daughter) is compulsory acquired for govt service.
[ fighting & dying for values the govt later repudiates]

Mickijo,
I agree with you.
Having special castes is ultimatley damagin
Posted by Horus, Friday, 6 October 2006 6:19:41 AM
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My one and only comment,is as follows,they own the country,they were deprived of their way of life,pushed as far back as possible,into the background,and its time we non Aboriginal settlers,just scould not carem what happened to them,will not go into detail,we all should know that,and even today go around this country and see the conditions they still live in,no excuse for us to say,that they should also try and,fit into mainstream Australian way of life,bulldust,we have had it far too good for say 200+ years,and must accept the fact,that it is their country ,and in whatever way,they want to live,its their right,they have done so for over 40000 years,and who says,that the western way of life,is better,all the John Howards,and the Kim Beazleys of Australia,are now showing their true colours,this will fail,as far as I am concerned,and hope that,we settlers,from all over the world,would be able to carry on with our way of life,as we are now part of Australia,and should accept,the fact,that the Aboriginal people,own the country
Posted by KAROOSON, Monday, 9 October 2006 1:14:01 PM
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Horus ,
We get compensated if the government wants our land .
On your strange war comments -Aboriginal people fought us to try to retain their land , and have been gracious enough to volunteer their lives in World Wars to help US keep it .
Other Australians should not be so mean and lousy -in short, it's about time we should grew up as a nation .
Posted by kartiya, Monday, 9 October 2006 8:21:22 PM
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