When I am asked about the land rights struggle in this country, I often liken the struggle to trying to build a sandcastle in a wind storm and how even when we get some foundational structure in comes the government to knock it down.
The struggle for land rights has been a long one and one that has been hard fought and continues to me so. One of the most pivotal protest chants is what do we want? Land Rights. When do we want them? Now! and this continues during protests to this day.
Why? Because the struggle continues.
Every step in the direction of meaningful reform to address the issue of theft of this land is then countered through government legislation and this mean spirited response to every small victory we have has become emblematic of the Australian government.
There are no shortage of examples of this greedy entitlement, but perhaps one of the most disgraceful examples is the government response to the case of TheWik Peoples v The State of Queensland in which, on this day in 1997, it announced its 10 point plan.
The Wik case was an incredibly important one not solely for the cultural importance of the Wik peoples being recognised but it was also important from a legal perspective in considering the discreet point of law regarding extinguishment because there had been so many cases where lands were being leased without regard to Indigenous people.
In summary, for those not across the detail of this case, the High Court rightly determined that the mere grant of a pastoral lease does not necessarily extinguish any remaining nativetitle rights. The High Court stopped short of stating that the leases were extinguished. They determined that if there was a conflict of rights, the native title holders came off second best. If there was noconflict, the rights of each co-exist.
Despite this nuanced legal decision, the government and its biggest constituents farming and mining scrambling for control. They set about on a propaganda campaign that vilified Aboriginal people and the response was devastating as reactionary behaviour showed the true nature of the greedy capitalist.
At all times the Wik people conducted themselves with dignity. They used the colonial legal structures to affirm what was known at a cultural level in order to make the government see and understand that the Indigenous peoples of this country are not interested in land grab or commoditisation of land we want the non-Indigenous community to understand the responsibility of caring for the land, of belonging to it and maintaining the synergistic relationship which gives life to our cultural, communities and ceremonies.
Instead, the government set out on a deliberate campaign to mislead the mainstream as they termed everyone other than Indigenous people. The Deputy Prime Minister, Tim Fisher, and Queensland Premier, Rob Bobridge, made claims that the High Court decision went beyond their duties and attacked the High Court for purported judicial activism against mainstream interests. Freshly elected Howard government went into battle for the mainstream and forged ahead with their 10 point plan to amend the Native Title Acta plan which led to one of the longest debates in the Australian Senates history.
The reason for the outcry from the political heavyweights was not the decision itself because the cost was nought. It was no great victory for Indigenous people, it was no civil rights victory, but merely a decision that the grant of a pastoral lease did not necessarily extinguish Native Title and in fact,wouldextinguish Native Title to the extent of any inconsistency. There was no loss in a capitalist sense, but this was an extraordinary loss of face for the government who were used to being in the drivers seat steering public opinion with respect to Indigenous people. The Indigenous people using the system in this manner for a moral victory with no interest in finance did not fit the narrative being pedalled since invasion.
Howard and his cohort spoke about the government fighting for the mainstream and trying to to protect land owners. Yes he said that. He then announced the Wik 10 point plan with full support from the mainstream public who believed the nonsense being circulated by the government and media that had no factual or legal basis.
The Wik 10 point plan undermined the nature of the native title legislation enacted under the Keating government. Although imperfect, the intent of the Keating enacted native title legislation was to confer a benefit whereas the Howard 10 point plan cut across this and acted more as a sanction or tool to extinguish.
In fact, those within the ranks of the Howard government were spruiking that the 10 point plan would bring bucketloads of extinguishment with the intent to undermine Indigenous people apparent from the outset.
Mick Dodson said at the time, By purporting to confirm extinguishment by inconsistent grants, the Commonwealth is purposely pre-empting the development of the common law not allowing sufficient time to integrate the belated recognition of native title into Australias land management system. This does not require the obliteration of indigenous interests so as to favour non-indigenous interests.
Exactly! And yet, they did it any way. They set about to obliterate the chances of native title claims for so many by ensuring inconsistency and fixing the laws to make it so and this has been the devastation we have been trying to claw back from since.
This behaviour from Howard, he has since reflected upon and said that he could have handled better but that it had unnerved us and I dont think I handled that next six months all that well.
Understatement but important when you consider this is about as close to a mea culpa as you could get from a man famous for refusing to apologise and digging his heels in. So as Howard spent many years undermining us and teaching his successors how to do the same, we know our fight continues.
TheWik 10 point plan set us back, demonstrated the lengths that the power structures in this country will go to in order to ensure that their power remains along with our oppression. What they didnt count on was that this serves only to solidify our resolve to keep going.
Visit link:
Land rights sand castle in a wind storm | - IndigenousX
- Jackboot - Wikipedia - December 8th, 2016 [December 8th, 2016]
- The Federalist #51 - Constitution Society - January 8th, 2017 [January 8th, 2017]
- Free oppression Essays and Papers - 123helpme - January 25th, 2017 [January 25th, 2017]
- Labour movements in Congo Brazzaville: Between oppression and self determination - CADTM.org - February 7th, 2017 [February 7th, 2017]
- A Modern Choice on Life - Harvard Political Review - February 7th, 2017 [February 7th, 2017]
- Opinion: While true oppression exists, hypocrisy of some women is clear - Shelby Township Source Newspapers - February 7th, 2017 [February 7th, 2017]
- Understanding Information Oppression in the Era of Trump - MediaFile - February 7th, 2017 [February 7th, 2017]
- Angolans Bravery Broke Down Chains of Colonial Oppression - Minister - AllAfrica.com - February 7th, 2017 [February 7th, 2017]
- Hoosier attorneys travel to Rwanda on legal mission trip - Indiana Lawyer - February 8th, 2017 [February 8th, 2017]
- Bishop: Government has betrayed me over refugees - Premier - February 9th, 2017 [February 9th, 2017]
- Open Letter to NFL Players Traveling to Israel on a Trip Organized by Netanyahu's Government - The Nation. - February 9th, 2017 [February 9th, 2017]
- Police Disperse Shiite Protesters Demanding Release Of El-Zakzaky - SaharaReporters.com - February 9th, 2017 [February 9th, 2017]
- Turkey's HDP Women's Assembly issues feminist call-to-arms against 'one man rule' - Left Foot Forward - February 9th, 2017 [February 9th, 2017]
- Collin Nji: The first African to win Google's CodeIn Challenge - Pulse ... - Pulse Nigeria - February 9th, 2017 [February 9th, 2017]
- Student leader says 'black-on-black crime is not a thing,' wants to ... - The College Fix - February 10th, 2017 [February 10th, 2017]
- Sri Lanka: Tamil Insurgents Marxism Versus Nationalism - Sri Lanka Guardian - February 11th, 2017 [February 11th, 2017]
- Israeli Knesset 'legalizes' robbery of Palestinian land - Liberation - February 12th, 2017 [February 12th, 2017]
- LETTER: Evangelical Lutheran Church respond to political cartoon - The Dickinson Press - February 12th, 2017 [February 12th, 2017]
- Visiting Our Past: Odyssey of Clyde pioneer Jacob Shook - Asheville Citizen-Times - February 12th, 2017 [February 12th, 2017]
- Organize to defeat Trump's Muslim ban | Fight Back! - Fight Back! Newspaper - February 12th, 2017 [February 12th, 2017]
- Do we have a legitimate government? - Altoona Mirror - February 13th, 2017 [February 13th, 2017]
- Anti-Castro Cuban-American lawmakers see a champion in Trump - The Daily Progress - February 13th, 2017 [February 13th, 2017]
- Anti-Trump Swedish Government Accused of Hypocrisy for Kowtowing to Iran - Heat Street - February 13th, 2017 [February 13th, 2017]
- CSG President vetoes Israel-Palestinian lunch resolution | The ... - The Michigan Daily - February 14th, 2017 [February 14th, 2017]
- Sweden's 'Feminist' Government Defends Veiling in Iran After Attacking Trump - Breitbart News - February 14th, 2017 [February 14th, 2017]
- U. Mass Students Plot Strike Against 'Oppression' of Migrants - Breitbart News - February 15th, 2017 [February 15th, 2017]
- March on Washington: Drawing the Line between Empowerment and Oppression - The Index - February 15th, 2017 [February 15th, 2017]
- Ethiopian Athlete Who Made Anti-government Gesture in Rio Reunites With Family - Voice of America - February 15th, 2017 [February 15th, 2017]
- Mottley: Tax clearance certificate an 'instrument of oppression' - Loop Barbados - February 15th, 2017 [February 15th, 2017]
- Sweden's 'feminist' government criticized for wearing headscarves in Iran - Washington Post - February 15th, 2017 [February 15th, 2017]
- Turkey purge: dark cloud of oppression hangs over country's universities - Times Higher Education (THE) (blog) - February 16th, 2017 [February 16th, 2017]
- Fox News' Todd Starnes Redefines 'The Deplorables' - Forward - February 16th, 2017 [February 16th, 2017]
- Christophobia: a Global Perspective - AINA (press release) - February 18th, 2017 [February 18th, 2017]
- AzaadiFreedom from Indian Oppression - Economic and Political Weekly - February 18th, 2017 [February 18th, 2017]
- Iraqi forces advance on Islamic State-held western Mosul - Stars and Stripes - February 20th, 2017 [February 20th, 2017]
- Henry Rollins Doesn't Smoke Pot, But Demands The Right to Choose To - Weed News - February 20th, 2017 [February 20th, 2017]
- UC San Diego Students Protest Visit by 'Oppressive and Offensive' Dalai Lama - Heat Street - February 20th, 2017 [February 20th, 2017]
- Commentary | We must all stand with Tibet - The McGill Daily (blog) - February 20th, 2017 [February 20th, 2017]
- In Trump's America, Christian proselytizing is another form of oppression - LGBTQ Nation - February 20th, 2017 [February 20th, 2017]
- Elders share experiences with oppression from their youth - B.C. Catholic Newspaper - February 20th, 2017 [February 20th, 2017]
- Iran tells US chess champion to wear a hijab here's how she responds - TheBlaze.com - February 22nd, 2017 [February 22nd, 2017]
- Afro-Mexican people brought to light - The Daily Evergreen - February 23rd, 2017 [February 23rd, 2017]
- Online activism is leading the fight against oppression but at what cost? - Asian Correspondent - February 23rd, 2017 [February 23rd, 2017]
- Stephen Miller was no hero fighting left-wing oppression at Santa ... - Los Angeles Times - February 23rd, 2017 [February 23rd, 2017]
- Grass-roots leaders join call for 'disrupting' oppression that hurts many - Catholic News Service - February 23rd, 2017 [February 23rd, 2017]
- President Trump Breaks a Promise on Transgender Rights - New York Times - February 24th, 2017 [February 24th, 2017]
- Pussy Riot Protests Through Make America Great Again Viral Video - Conatus News - February 24th, 2017 [February 24th, 2017]
- Governor Treen brought sunshine to Louisiana governmental conservatism - Bayoubuzz - February 24th, 2017 [February 24th, 2017]
- I want an international probe into failed Turkey coup Fethullah Glen - Citifmonline - February 24th, 2017 [February 24th, 2017]
- Lateral Oppression Hurts Us All - The Lakota Country Times - February 24th, 2017 [February 24th, 2017]
- On finding freedom from oppression, fear - Davisclipper - February 24th, 2017 [February 24th, 2017]
- Supreme Court denies bail to leading anti-base activist in Okinawa; government accused of oppression - The Japan Times - February 24th, 2017 [February 24th, 2017]
- Disobedience Checks Unjust Laws - The Oberlin Review - February 24th, 2017 [February 24th, 2017]
- Cycles and Oppression - Patheos (blog) - February 24th, 2017 [February 24th, 2017]
- Another Jewish cemetery desecrated; what will the President say? Isn't the government supposed to help? - San Diego Jewish World - February 27th, 2017 [February 27th, 2017]
- Transport groups hold nationwide transport strike to protest government's PUV modernization program - CNN Philippines - February 27th, 2017 [February 27th, 2017]
- Opinion: The Relevance of Orwell's 1984 - Emertainment Monthly (registration) (blog) - February 27th, 2017 [February 27th, 2017]
- Monitoring group documents Turkey-backed profiling in Netherlands - Turkey Purge - February 27th, 2017 [February 27th, 2017]
- What should we see in the ashes of the Standing Rock protest camp? - Liberation - February 28th, 2017 [February 28th, 2017]
- Opinion: Focusing on religious oppression in China misses the big ... - CNN - February 28th, 2017 [February 28th, 2017]
- Trump Vows Teamwork with 'Allies in the Muslim World' to 'Demolish and Destroy ISIS' - Breitbart News - March 1st, 2017 [March 1st, 2017]
- Freedom House: Chinese Communists Intensifying Religious ... - Voice of America - March 1st, 2017 [March 1st, 2017]
- ISIS Threatens China In New Video Showing Chinese Jihadists - Vocativ - March 1st, 2017 [March 1st, 2017]
- Focusing on religious oppression in China misses the big picture - Gant Daily - March 1st, 2017 [March 1st, 2017]
- This Is Why The Youth Is Picking Up Arms In Kashmir - Youth Ki Awaaz - March 2nd, 2017 [March 2nd, 2017]
- Saudi Arabia: Music video and government initiatives split society - Freemuse - March 3rd, 2017 [March 3rd, 2017]
- From Latin America to South Africa: it's time for effective solidarity towards Palestine - The Daily Vox (blog) - March 3rd, 2017 [March 3rd, 2017]
- Focusing on religious oppression in China misses the big picture - CNN International - March 3rd, 2017 [March 3rd, 2017]
- Articles: Islam, the Veil, and Oppression - American Thinker - American Thinker - March 3rd, 2017 [March 3rd, 2017]
- UK's student union rebukes officer for Israeli embassy plot - The Electronic Intifada (blog) - March 4th, 2017 [March 4th, 2017]
- Public needs to help get government back on track - Fairfield Daily Republic - March 4th, 2017 [March 4th, 2017]
- Shahbaz Bhatti's legacy six years on - DAWN.com - March 6th, 2017 [March 6th, 2017]
- The Readers' Forum: Monday letters - Winston-Salem Journal - March 6th, 2017 [March 6th, 2017]
- Focusing on religious oppression in China misses the big picture - CNN - March 6th, 2017 [March 6th, 2017]
- How America Became a Colonial Ruler in Its Own Cities - Vanity Fair - March 7th, 2017 [March 7th, 2017]
- Plurality of Americans are right: "dissatisfaction with government" worst problem facing country - Hilltop Views - March 7th, 2017 [March 7th, 2017]
- The Oppression of Eve: Was Patriarchy Actually The First Sin? - Patheos (blog) - March 7th, 2017 [March 7th, 2017]
- Thousands in women's rights march in Polish capital - National - thenews.pl - March 7th, 2017 [March 7th, 2017]
- Probe: Artist Blacklist Antidemocratic Oppression - KBS WORLD Radio - KBS WORLD Radio News - March 7th, 2017 [March 7th, 2017]
- Peoples' Tribunal Indicts Myanmar Leaders for Genocide Against Rohingya, Atrocities Against Kachin - The Chicago Monitor - March 8th, 2017 [March 8th, 2017]