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The Forum > Article Comments > Solutions need consultation first > Comments

Solutions need consultation first : Comments

By Megan Davis, published 7/11/2007

Australia remains exceptional among affluent Western democracies in remaining incapable of comprehending the true genesis of disadvantage in Aboriginal communities.

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MEGAN, unfortunately I have to agree with you.We are all intent on living our white-fellow lives and don't want to think about the Australians that are indiginous to this country.We are the "weeds" that have invaded and taken over the countryside.I only read Henry KENDALL'S poem, "The Last of His Tribe" which he wrote in the years of our history when the Aborigines were expected to die out or be eraticated by some, over 100 years ago.The "Tribe" has been disadvantaged ever since but still survives. His other poem "Bellbirds" is well known. I'd like to think the "BELLS" ARE RINGING TO WARN AUSTRALIA "IT'S TIME" FOR US TO CHANGE, OR WE WILL BE THE ONES TO SUFFER FOR THE NEGLECT OF THE PAST!
Posted by TINMAN, Wednesday, 7 November 2007 2:33:00 PM
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Megan Davis you might be a Director of the Indigenous Law Centre and Senior Lecturer, Faculty of Law, UNSW, but you might just learn that as a “CONSTITUTIONALIST” and Attorney (not lawyer) I might just have a better perception where things went drastically wrong.
for example if you do not understand the gross deception of the 1967 con-job referendum then you might just be a lost cause.
Sure, the Framers of the constitution were racist, and we still are, at least constitutionally unless and until we get rid of Subsection 51(xxvi) but anyone portraying that the Framers of the Constitution were racist against Aboriginals simply fail to understand the reality.
Their position was clear, if the State granted franchise to any person (including Aboriginals) then they automatically by Section 41 of the Constitution they had franchise in federal elections.
The “White only” policy to exclude races from voting was unconstitutional! Still rather then having this being attacked as ULTRA VIRES, Aboriginals themselves campaigned for the 1967 referendum to succeed not realising that by this the delegated themselves to become an “inferior coloured race” rather then to remain under the constitution equal to other Australians.
In the 1950’s the then Federal Government was warned not to use Subsection 51(xxvi) for Aboriginals as it could spell disaster but while the government of the day then did listen it was later ignored.
Section 127 (as it was) rather then being discriminatory against Aboriginals merely was protecting them, as had this not be provided for more then likely Australians would have found it financially better to exterminate Aboriginals as then it would be to pay less per population for the Federation. Hence, section 127 protected Aboriginals. Likewise so Subsection 51(xxvi).
As for the unconstitutional Northern Territory intervention see also my blog at
On 19 July 2006 the County Court of Victoria ruled in my favour after a 5-year legal battle on all constitutional and other legal grounds and as such I do know what I am talking about!
If you really care about Aboriginals my blog set out plenty!
Posted by Mr Gerrit H Schorel-Hlavka, Wednesday, 14 November 2007 12:40:52 AM
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