A very thought-provoking article, Alison.

It is difficult to avoid the conclusion that the WA government's stance with respect to the Nyoongar native title claim is based on political calculation, and a desire to pander to base populist sentiments, rather than to achieve a just outcome which enables the Nyoongar people to realise their legitimate claim.

This is profoundly disappointing and, given the WA government's high sounding rhetoric on native title, quite hypocritical.

Well it is no suprise that the WA Government is dragging it's feet when it comes to dealing with the matter, such behaviour is a classical response and seems predicated upon the premise that if the action can be dragged out long enough, those claimants with demonstrable, historical ties to the area under claim will have passed away (such as the Federal Government was accused of in relation to the Voyager Disaster, and James Hardie with the Asbestos Compensation).

This is a tried and true tactic, indulge in pre-litigatory discussion and attempted mediation in order to drag out the procedure for long enough that the most effective and most knowledgeable witnesses (particularly with regard to Traditional Language(s) and Culture) can never be called when the litigation comes before a Court.

The moral and ethical issues raised by these issues are hidden from the public for the most part, by obfuscatory statements by Politicians, to the effect that 'You won't be able to go to the - beach/park/national park/rivers/creeks/etc.' Such 'exclusionary' or 'exclusive' use, or even the mere suggestion of the same, is calculated to appeal to the bigots amongst us, the statements themselves are as blatantly false as the 'free'/'interest free' loans crap that gets spouted almost immediately upon receipt of the same.

So, on that note, could the first person (or at least one of you) to raise the non-existant 'free loans' crap, please cite a reference or at least a link to the Government Department overseeing the same. Oh, and don't bother suggesting the Government Trustee, that money is held in trust by Government and is derived from the inordinately high level of incapacitating injury, burns, victims of crime, etc. compensation which our Traditional Owners have received. Try living on a community and you'll see the poor buggers who are so entitled, believe me, it ain't FREE, they do suffer higher rates of injury, burns and criminal injury, it comes with the situation on communities.

While some senior figures in the WA government continue to peddle the line that they had to appeal the Noongar decision' because there were so many errors in it. The appeal judges only mentioned two concerns with the Wilcox decision and I think that one of those reasons was fundamentally flawed

The two issues the appeal judges raised with the Wilcox decision were were continuity of cultural practice and whether claimants have a connection with the Perth metropolitan area.

At face value it appears that the Appeal judges have made a simple error on the latter point. I will briefly outline my reasoning.

The Single Noongar application was commenced on 10 September 2003 by 80 named applicants on behalf of the whole Noongar community. The claim covers the whole of the south-west of Western Australia. The boundary of the claim area commences at a point north of Jurien Bay on the west coast, proceeds in an easterly direction to a point north of Moora, and then roughly south-easterly to a point on the southern coast between Bremer Bay and Esperance.

On 9 October 2003, the court made orders that the Combined Metro application be combined with the Single Noongar application, with the Single Noongar application being the lead application.

The reason for the 'separate question' over Perth, was that the WA government wanted the metropolitan area heard first.

The 80 claimants were not making a specific claim over the Perth Metropolitan.

They were calling for 'communal native title' over all of Noongar country - not making claims for specific 'estates' (like the Perth Metro area. It seems to me that the WA Govt has previously accepted
the concept of 'communal native title' in relation to the 'Bardi Jawi' mob in the Dampier Peninsular - with the question of 'estates' there to be determined separately.

'Bardi Jaw'' - sounds exactly like what the Noongar mob were looking for - but fortunately the mob up there, don't have a city sitting in the middle of Bardi Jawi Country!

Good article.

I think the postion of the Labor Government is driven by a calculation that there are more votes in opposing native title than supporting it. So much for principle.

Passy says:

{"There are more votes in opposing native title than supporting it"
so much for principle.}

I can't wait till some native title claim descends on Passy's house :)
Or..place of residence...then perhaps the 'principle' of self preservation might quickly kick in?

THE PRINCIPLE at work here..

Is just that.

It is unimaginable that a defeated/displaced people could ever successfuly use the legal system of the Defeater/Displacer to overturn the reality of history.

Because those who carried the day historically actually have brains and can figure out that to accept such a claim would negate the foundation of their existence.

ANOTHER PRINCIPLE...

For me, trying to attain justice for historic
misdeeds is noble, but futile. The more practical
direction is to blend with the displacer,
and put on a new identity as part of them.
The alternative is to live in unending victimization,
defeat, depression and increasing dissillusionment.
But.... of course there are more 'votes' (for certain parties) in keeping them separate...right?

POLITICS....

Sadly, human nature being what it is,
we have the dark hand of political opportunism
always at work behind the scenes. (from all sides)

PROMISES....

I can imagine the likes of Passy, ranting
and railing to a group of Indigenous people,
screaming obscenities about the Capitalist classes
who are exploiting them and grinding them into the sand ..

Of course, this might ring true to those listeners,
but the reality is that Passy is exploiting any
chink in societies moral armour for political
advantage, not justice in itself, because Passy knows
that the 'bad guys' in all this won't allow the
things he is promising ("Socialist Utopia") to come about.

So, perhaps he is relying on the old Communist dogma
"We only need 10% to form a revolution and rid ourselves
of the Bougoise pig-dogs?"

TIME FOR A NEW_SCRIPT

Passy :) mate.. ur a dinosaur.
Much better to encourage indigenous people
to intermarry, join rather than fight, and
savour the blessings of being part of the
solution rather than part of the problem.

SOLUTION. While it might sound trite, the Kingdom of God "is" the Answer.

Boaz says in typical holier than thou fashion ;

" Much better to encourage indigenous people to intermarry,join rather than fight".

That's a very progressive view.

This way I can see houses , new toilets and showers all over Australia for Aboriginal people with their white partners .

Now I reckon we ought to give that ago in the Middle East - try to convince the Jews to marry the Arabs, or vicereversa.

Now that might just work to bring down the price of crude so as Boazy can go to town a bit more often to relax and mix with the leftys .