The Forum > General Discussion > Reconciliation Week - will reconciliation in Australia ever happen?
Reconciliation Week - will reconciliation in Australia ever happen?
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Posted by mhaze, Friday, 4 June 2021 6:46:26 AM
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The Races Power in section 51 (xxvi) of the
constitution gives parliament the power to make laws for: "the people of any race for whom it is deemed necessary to make special laws." It was introduced into the 1901 constitution to regulate the migration of particular races to Australia amid concerns about Chinese and other Asian migrants after the gold rush period of \the late 19th century. Retired NSW Chief Justice James Spigelman QC (and other judges) say - when it was introduced: " there was no doubt that it was a racist power." He says the Races Power no longer has a place in the constitution. " A power with respect to people is I regard a very dangerous power to confer on any legislature, even the Commonwealth Parliament because it can be focused on particular groups by reason of their presumed characteristics rather than what their behaviour is or what their needs are, but just " because of who they are." he says. Judges have had discussions on the Races Power and how it has been used 3 times against the Aboriginal people. All anybody has to do is their research on the topic. Posted by Foxy, Friday, 4 June 2021 7:24:36 AM
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cont'd ...
More on the subject: http://www.aspg.org.au/wp-content/uploads/2017/08/Session-1-Williams.pdf Posted by Foxy, Friday, 4 June 2021 7:44:16 AM
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Foxy, both Mhaze and I have already mentioned section 51. As we've both pointed out it doesn't discriminate SPECIFICALLY against aboriginals but rather can be applied to ANY race (even whites), so it treats ALL races/ethnicities EXACTALY the same. In fact almost always when it is used today in regard to aboriginals it is to give them extra benefits/advantages to the exclusion of others.
I'll copy here what I posted earlier about why the government requires powers like this: "But only a complete idiot would not grant the government the power to make laws that discriminate on race/ethnic identity. Here are just some examples why the government needs such powers: 1) During wartime- it would be a major impediment to defending our country and us during a war if government couldn't discriminate 2) Special assistance to foreigners who need it based on race/ethnicity- eg: you couldn't provide ethnic/race based asylum for those in other countries who are being persecuted 3) Special assistance to people in Australia- eg: you couldn't give aboriginals ABSTUDY or any other government handout/service aimed specifically at aboriginals 4) Race based health treatment - some people require racially targeted health treatment for better results (eg: some diseases and drugs act differently depending on a person's DNA) 5) This one appears almost self-contradictory at first glance: the government couldn't make laws that outlaw racial discrimination- eg: if the government didn't have the power to make laws concerning race then it wouldn't be able to outlaw racial discrimination in the workplace " Mhaze also has a similar post after mine high lighting similar points and in addition includes the pertinent remark: "A bit more for the virtue signallers to ponder. High Court justice Michael Kirby held "that the race power did not permit the enactment of laws to the detriment of the people of any race." High Court Justice Gaudron said that "it was difficult to conceive of circumstances in which a law to the disadvantage of a racial minority would be valid." Posted by thinkabit, Friday, 4 June 2021 8:00:07 AM
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Dear thinkabit,
I've tried my best to explain about the necessity of constitutional recognition, - and the changes that are required to be made, and why, and my views have not been taken seriously - (putting it politely). I see no point in continuing this conversation. Have a nice day and thank you for taking the time and making the effort to respond. It is appreciated. Have a nice day. PS: One final link: http://www.humanrights.gov.au/our-world/about-constitutional-recognition Posted by Foxy, Friday, 4 June 2021 8:31:36 AM
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cont'd ...
I forgot to add - you see things one way. I see them differently. However what either of us think - won't matter all that much. It will be up to our governments and the Australian people as a whole to decide on these issues and the type of nation they want. Personally, I'll keep my fingers-crossed for inclusion. Posted by Foxy, Friday, 4 June 2021 8:49:52 AM
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It's beyond dispute that the constitution doesn't mention aboriginals or use any of the alternative descriptors of that race. Equally it doesn't mention any other race.
Yet Foxy says and maintains the opposite in the face of all evidence.
It's also true that the constitution does contain a generalised race power and that that power has been used a few times in regards to aboriginals. Equally it's been used for other races as well. Yet Foxy chooses to ignore its use for any race other than aboriginals since she wants it to be just about that race.
It's also true that each time the race power has been used, it has been done for the benefit of the race in question eg the Native Title Act. Yet Foxy says and maintains the opposite in the face of all evidence.
Yep, truly bizarre. She made the original faulty assertion and is incapable of walking it back,relying instead on a linked article that doesn't in any way support those faulty assertions.
Its probably unfair to accuse her of making it up, an accusation I've also made. It seems she's just incapable of seeing the truth of the matter and truly believes the rubbish she spouts. I think we need to factor that into all her posts from now on.