This problem started with Wik and Mabo. In another post there is a rant against Racist Judges legislating from the bench. This legitimate complaint laid on behalf of Aboriginal Australians, by the academic, arises from a wrong decision by the High Court made in 1992. In spite of plentiful evidence of adverse possession, that would have given the native Australians the same rights, as white people to hold land in Fee Simple, the High Court opened a real can of worms, and overturned a principle of law that had stood since 1066. This principle of law is reflected in S 36 and 37 of the Imperial Acts Application Act 1969 ( NSW) and stated simply is this. Almighty God owns all the land in the world. Her Majesty Elizabeth the Second is trustee on his behalf, and remains so.

If a majority of the bench in 1992 were Christians and any good as lawyers, they would have known this and followed Dawson J, and decided on different grounds. In Wik and Thayore, a case that followed Mabo, Dawson called the rest of the bench in Mabo, silly, but said he was bound by the majority, to decide Wik and Thayore the way he did.

It a while fella lives on a block of land without paying rent, in New South Wales for 30 years, he gets the freehold. If he lives on alienated land already granted for only twelve years, without paying rent he gets the freehold if it is not owned by the Crown. In 1903, the Parliament of the Commonwealth by s 64 Judiciary Act 1903 made all State and Federal Governments equal citizens of Australia, and these Judges should have applied that to Mabo Island, and granted freehold. If they had stuck to the law, instead of thinking they are greater than Almighty God, and making New Law so many problems would be solved.

Because many lawyers are brain dead, they think the State is Almighty God. This applies equally to the Commonwealth. The Mabo and Wik and Thayore decisions were just, just wrongly decided. TBC

Kevin Rudd said Sorry to Australia’s original inhabitants. So he should have. However he should fix the underlying problem, and that is the failure of Australians to extend Christian justice, to all inhabitants.

It came about largely because there were large numbers of Roman Catholic Australians, migrated here, to take up and use land, to farm, graze and raise their families on. Most of these before World War II came from Irish and Scottish stock. Thousands of Roman Catholic Scots were turned off their small holdings by the Protestant Clearances in the Highlands of Scotland, and similar numbers in Ireland became tenants in their own land. Until 1828, Roman Catholics had no rights in the United Kingdom. They were just like the Aboriginal Australians were regarded here until 1967. They saw nothing wrong with treating Aboriginal Australians, like they had been treated.

If KR is fair dinkum about the Aboriginal Problem, he should abolish the racist S 39 Federal Court of Australia Act 1976 and Order 46 Rule 7A Federal Court Rules and let the course of justice in respect of the Judicial Power of the Commonwealth take its natural course. That was supposed to extend the protection of the courts to all Australians from when s 43 Crimes Act 1914 ( Cth) was enacted. Today all Federal Departments dealing with Aboriginals, including Centrelink, ignore that Statutory command.

If the lawyers for Eddie Mabo, were real lawyers, they would have known that on Constitutional grounds, the Federal Court of Australia had jurisdiction to order them a collective Freehold Title. That is by s 39B Judiciary Act 1903. It has jurisdiction to order the outstations a Freehold title too. If an Outstation had Freehold title, all the benefits of land ownership would flow. It could do deals, that would see real prosperity return to the land. They may eventually be assimilated, but they would come as equals, not as chattels to be dealt with as if they are slaves, by a paternalistic and domineering government. Freehold title never came with mineral rights. Those were separate, and stayed with the Crown

Hearing you Loudmouth.

While European settlement devastated Aboriginal ways of life ("Ways" since tribes were numerous, widely scattered, spoke multiple languages, had differing tribal/spiritual beliefs) which BTW were most primitive of all cultures encountered by 17th and 18th century 'invaders', today the Aboriginal himself is his own worst enemy. Next - the bureaucrats, activists and do-gooders who have grown fat or famous off the "Aboriginal Industry"

No aborigine wants a "traditional" lifestyle without whitey comforts and even under "untainted" conditions, some tribal practices would be completely unacceptable to even the most ardent leftie fruit loop.

So the answer is ..... Education, training, real opportunities for sustainable jobs and industries particularly those incorporating existing skills/knowledge to build confidence and self-esteem and provide sufficient income for individuals and communities. People may need to move in and out, communities relocate even. Since when did Aboriginal culture involve permanent settlement anyway?? Children need to have the benefit of basic whitey education and be able to speak English. Tourism, Art, pastoral and mining industries are areas where success has led to major improvements for some communities. There needs to be more and it needs to be enforced for the sake of the most vulnerable - babies, children and teenagers.

Barriers to positive outcomes can include community culture (not all communities are controlled by wise benelovent old gentlemen), substance abuse, lack of discipline or direction, poor infrastructure and resources, poor levels of education, sub-average intelligence (before you scream "racist" consider what decades of alcohol abuse with foetal alcohol syndrome and neglected children with little white or black education has done for the communal IQ) and remote/inhospitable location.

Fortunately most "aboriginals" (and by that I include those who may be no more than 1/16, look completely European but claim to be indigenous) I know well are integrated into Australian society and doing well. Some still enjoy some of the best of their cultural traditions, others live 'white'. Whatever - as long as they can have good lives, rear healthy kids, move forward.

Assimilation is the future. For those who can't or won't there is only eventual extinction.

hi everybody

Loudmouth you're wrong.
achieve equity between women and men and equity is achieved for sub-groups comprised of women and men,
inclusive of "OFSAMLH people".

Tony Ryan, you blame Aborigines but not Australian governance?

Cornflower, Australia's sexist Constitution "PREVENTS indigenous people from enjoying similar health".

May the Ancestors bless you, Peter the Believer.
Should a woman say The Lord's Prayer at the opening of a Women's Legislature?

divine_msn
Would you support an amendment to the Constitution of Australia to include the tribal practice of a women's legislature?

Poor Aborigines. So sad.

The author contradicts himself:

He claims that he wants to prevent assimilation, yet complains about aboriginals not having access to schools, hospitals and welfare-money.

The above are white impositions in the first place. If the white-people allowed the aboriginals to live freely, they would not need those trappings of white-society in the first place. Aboriginals lived in dignity without money, schools or hospitals for 10000's of years before white-man came and disrupted their lives.