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The Forum > Article Comments > Returning to a secret country > Comments

Returning to a secret country : Comments

By John Pilger, published 4/12/2009

Australia must summon the moral and political imagination to offer its first people a genuine treaty; and respect.

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Just for those of you that couldn’t find any references to the
“Superb Constitution drafted by the ones who, to their discomfort, came here to try to civilize those natives”
Mentioned by skeptic
http://en.wikipedia.org/wiki/Australian_constitution

The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia. The Constitution was approved in referendums held over 1898 – 1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom.
The Commission of Assent was signed by Queen Victoria on 9 July 1900, upon which the Constitution became law. The Constitution came into force on 1 January 1901. Even though the Constitution was originally given legal force by an Act of the United Kingdom parliament, the Australia Acts removed the power of the United Kingdom parliament to change the Constitution, and only the Australian people can amend it (by referendum).
Other pieces of legislation have constitutional significance for Australia. These are the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986, which was passed in equivalent forms by the Parliaments of every Australian state, the United Kingdom, and the Australian Federal Parliament. Together, these Acts had the effect of severing all constitutional links between Australia and the United Kingdom. Even though the same person, Queen Elizabeth II, is the monarch of both countries, she acts in a distinct capacity as monarch of each.
No wonder the government hides it from the world as if it doesn’t exist. IT DOESN’T!
No wonder you guys voted out a democracy by referendum.
Just think of the embarrassment of not having anything but an act of the English parliament to fall back on if there were a challenge to the constitution.
You make me laugh. You bunch of hypocritical bigots.
Posted by thomasfromtacoma, Sunday, 6 December 2009 4:27:41 PM
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What’s so repugnant about saying “there was and is no sovereign to enter into a treaty with”?

Who was or is it, according to you?
Posted by Peter Hume, Sunday, 6 December 2009 8:31:25 PM
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I believe that the law of england at the time the "sea rogues" first arrived here was such that they were either required to make a declaration of war or alternatively a treaty with the original people.

Of course, they did neither. As said in this place on a number of occasions, what they actually did was to classify the Original Australians as animals, pursuant to the "Flora and Fauna Act."

However, since the overturning of "Terror Nullius" it is now recognised that indeed there were actually people here.

I think perhaps that the high court partly erred in *Mabo* and should have forced a constitutional crisis on this point.

Current native title legislation which denies other than traditional activities to an evolving people is a great travesty of justice.

And to deny the return to country for those who cannot demonstrate an ongoing connection due to the arguably genocidal policies inflicted upon them, such as the "forcible transference of children from one group to another" in breach of the post wwii principals, goes to legitimise these abominable acts.

And in the dark heart of my cynicism, when acts such as the suspension of the racial discrimination act are perpetrated again under the guise of "For their own good" I do have to wonder whether the ugly australian crown is in desperation trying to generate evidence to support its defence that it was always only attempting to do good by the BlakFellas. But again, if that was the case, those families torn and ripped apart would also have legal recourse for a return to country, but alas, I believe they do not.

Add to the mix that the denial of appeals to *Lizzy Winza in Council* by way of the australia act (which remains enshrined in the constitution incidentally) was not done with the consent of the australian people and what do you end up with?

Little more than a tin pot rogue state crying out for
Enshrined Human Rights, a new Constitution and a Head of State that actively cares for all the people.
Posted by DreamOn, Sunday, 6 December 2009 10:26:09 PM
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yes of course,
my apologies to the family of the late Gordon Bryant.
thank goodness for the editors of this world.

so which is your favourite living original european Australian icon?
are you a Dennis Ferguson man,
or perhaps mass murderer Martin Bryant is more to your taste?
Posted by whistler, Sunday, 6 December 2009 11:07:06 PM
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Individual
And I thought it was my attitude that was being criticized. My apologies :)
Hume
That’s what I love about the indefensible argument. You assume a position of superiority and then justify it with BS.
We’re talking about a country that was INVADED by the English.
Or are you saying that you’re a died in the heart colonialist. Stiff upper lip and al that rubbish eh chaps.
We’re talking about the fact that the Australian Aborigine is without a doubt the worst treated minority group in the world. Even worse than the 45% Afro Americans that doesn’t have a complete education.. Get real and talk some sense
Posted by thomasfromtacoma, Monday, 7 December 2009 6:11:31 AM
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thomasfromtocoma“We’re talking about a country that was INVADED by the English.”

Just as most of the world has been “Invaded” one way or another.. England particularly, the last time successfully by the Normans in 1066 but who is counting.

Regarding “We’re talking about the fact that the Australian Aborigine is without a doubt the worst treated minority group in the world. Even worse than the 45% Afro Americans that doesn’t have a complete education.. Get real and talk some sense”

Well you can take a horse to water but you cannot make him drink….. lilewise you can throw all the social services and educational services at an ethnic subgroup and you whilst you will get the odd gleaming light, you still end up with a lot more dim glimmers of indolence and indifference.

and as a point of fact, I thought the way Muslim Bosnians and Rwandan Tutsis have been treated far worse (by their fellow countrymen) than Aboriginals have been treated, in the past 100 years at least.

There is nothing “unreal” about expecting people to be first “accountable for their own, personal well being”, including aborigines and African Americans.

That a lot of folk remain completely indifferent to their own well being is not and never can be considered the fault of those who do behave in a personally responsible manner.
Posted by Col Rouge, Monday, 7 December 2009 7:46:55 AM
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