Frank wrote on Dec 19
th, 2024 at 7:04pm:
Native Title is not Aboriginal law. It is British law.
It is a British legal concession, like everything else, to Aborigines BECAUSE of the absence of Aboriginal law.
There is simply NO FUNCTIONAL aspect of Aboriginal life that can continue. The thousands of years of isolated stagnation is over and no aspect of it can survive. The Stone Age is over.
Aborigines can either move into modernity or insist on pretending to be anachronistic, English speaking primitives from 20,000 BC.
They can always choose their Two State Solution that the 'activist' Michael Mansell demanded, along with a few others who 'want to do things their way'.
As for Native Title - it does not confer Freehold title and simply permits Aborigines to wander about, camp, fish, and pursue traditional practices on PUBLIC land, such as National Parks and Crown Lands. Nowhere does it give the right to Exclude any others, nor is 'spiritual connection' a reason to Exclude others - as many times before - Mt Warning and Ayers Rock etc are spiritual things for EVERYONE in this country - hence they are National Parks - not private reserves.... nor will it ever be private reserves.
If your government, through an unelected body, handed the Three Sisters in the Blue Mountains to a group of rich people who shut everyone else out from enjoying their viewing etc without consultation and without any appeal - would you accept that as fair and reasonable?
Mt Warning's arrogation by the State government to the control of a tiny 'mob' - who are not even the 'traditional owners' under Native Title - just a bunch of town layabouts - was an act of theft from the people of New South Wales. That was the Liberal government of 'Parrots Tits' Perrotet - now the Labor 'government' of Chris 'Ho Chi' Minns has done not one thing to repair the walking tracks and re-open this NATIONAL Park, or to pursue and prosecute the vandals who attack visitors' cars.
They will suffer the boot next election as a result.
Now then, Pill - the Native LANDS Act(s) ... that can confer Freehold title - but must not be confused with Native Title, and under no circumstances is there a valid argument for simply handing over millions of acres as 'freehold' under that act. Those government that have done so will be ousted at the next election, and then rectification will take place along the lines I've suggested., firstly with those lands and national icons being resumed to Public control.
Aborigines will be granted SOME Freehold land on which to have a 'home base' and build a home etc... with massive input from the long-suffering taxpayer who'se already footed the bill for all this silliness ... then they will retain Native Title rights to wander etc, and - glory be, for whatever reason - negotiate with mining etc companies for 'royalties' as pocket money over and above their never-to-be-ended dole and other things like free air travel for medicals etc.
Those who do not want this settlement in perpetuity and who continue to demand their own sovereignty etc - can move or be moved to Aborassic Park ... a.k.a. The Park ... a.k.a. The Homeland ... under the proviso that no funding will be forthcoming as they 'go their own way' traditionally etc and they will cease to be Australian citizens with Australian rights .... apart from that the serial and clearly incurable criminal types will be shipped there and handed over to the Elders of the Tribes for judgement and ..... re-settlement under Tribal Laws.
Sounds one hell of a lot like a mighty big win-win for everyone!!
Another point where you miss out totally, Philly - is that Law must provide equal treatment for all equally - or it is not law but imposition, which it is the right of the people to not only reject - but to overthrow.
Got it?
Lex iniusta non est lex ... an unjust law is no law at all.