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标题: Yping88 and 牧马人 on Australia Day [打印本页]
作者: yping88    时间: 30-9-2018 21:59
标题: Yping88 and 牧马人 on Australia Day
@牧马人
作者: yping88    时间: 4-10-2018 13:06
Time to pay the debt I owe to this topic.
作者: yping88    时间: 4-10-2018 13:12
Background check first.

I would like to divide this background check to two categories: One was before British's first convict fleet arrival in Australia in 1788 and one afterwards
作者: yping88    时间: 4-10-2018 13:36
本帖最后由 yping88 于 4-10-2018 12:51 编辑

Indigenous Australians is a generic name for the native Australians referred as Aborigines and Torres Strait Islanders. As general evidence shown in archaeological research that Indigenous people's inhabitant in this vast land was dated as far back as 65,000 years ago.

They were predominantly nomadic or semi-nomadic and lived on hunting and foraging along south-east territory and Murray River depending on the availability of the food resource. In some area along Murray river, there were some permanent settlements and agricultural activities. Their inhabitants were predominantly around the aforementioned territories, but not limited to! Archaeological evidences confirmed that their movements were tracked down in all the states and territories!

Back then, there were about 1 million indigenous people co-inhabited as communities without written language, without common law of course. Everything was passed around and down through word of mouth and story-telling, rules were set up and maintained by tribes and the elders.
作者: yping88    时间: 4-10-2018 14:17
Then, in 1770, an English explorer, James Cook, navigated his Royal Navy fleet to east coast Australia (Queensland) and first recorded Europeans' contact with this land.

In 1778, England marked its official colonization in Australia by the arrival of the first convict fleet. Until 1836, the free English settlers had successfully established their settlements all over Australia!

Unlike English's previous colonization practices in North America, no treaty was outlined between the settlers and indigenous people to achieve any agreement on the land titles. (Remember there was no written language existed among Indigenous communities before British's colonization. Here, I should say illiterate state is by all means terrified)
作者: yping88    时间: 4-10-2018 14:35
本帖最后由 yping88 于 4-10-2018 15:47 编辑

Because there were many men on the first fleet disease-stricken, they carried the diseases to their newly settled land such as Measles, Tuberculosis and Smallpox, against which Indigenous people had no immunity. Then, the epidemics broke out, lots of Indigenous people were killed.

(Wonder how many free settlers succumbed to these diseases if they were not immunized enough to carry the diseases. This bears the striking resemblance on how most Native Americans were killed when the British pilgrims first landed on North America's continent in 1620. Over 100 years later, the great Britain caused exactly the same human disaster even when they knew better. What is your take on this? @牧马人)
作者: yping88    时间: 4-10-2018 15:31
Fast forward to early 1900, the indigenous population was estimated to have had declined to about 93,000, on the other hand, European population had grown to 3.7 million since the first convict fleet arrived in 1788.

Back then, Indigenous people were deemed by European settlers too low in social to be acknowledged to own the right over the land. Commonwealth Franchise Act in 1902 even excluded Indigenous Australians from voting.

The Aboriginal right issues didn't get nationally recognized until 1938, in which, the 150th anniversary to commemorate the British's First arrival was claimed by Indigenous right activists and their supporters as a Day of Mourning, "Invasion Day" or "Survival Day". And protests against Australia Day has never ceased ever since.

The commonwealth legislation remained denying franchising Indigenous people in commonwealth elections until 1962. The landmark referendum in 1967 passed the law by which it ruled the indigenous population be counted in Australian's head count.

(Phew, it was incredibly and unbelievably surprising that it took 178 years for a so-called democratic and highly civilized system as British's came to realize (through long-term protests of Indigenous people and supporters) that Native Australians are actually meant to be granted the same human rights as they are!)
作者: yping88    时间: 4-10-2018 15:44
In recent years, there has been far more outcry from Indigenous communities and activists demanding that Australia Day be changed to an alternative one, in order to include all indigenous Australians in the celebration and create a more harmonious national dynamics to feel proud as an Australian!

Ok, folks, you are all warmly welcome to come on board this conversation. Please don't hesitate to share your mind on this issue!

作者: yping88    时间: 4-10-2018 15:47
Thanks, @yearshappy

I just feel that I have been credited more than I deserved
作者: yping88    时间: 4-10-2018 15:49
本帖最后由 yping88 于 4-10-2018 14:52 编辑

@牧马人 @Serin @yearshappy @5years @MICHELLE07 @指纹 @愚夫 @kevin妈妈 @周星星1832 @mite
作者: 周星星1832    时间: 4-10-2018 15:58
@chubbycat

阅读全文然后一句话概括。。。
作者: yping88    时间: 4-10-2018 16:01
本帖最后由 yping88 于 4-10-2018 15:38 编辑

@ubuntuhk @妮南 @语之玫瑰 @春浅 @嘟嘟宝贝
作者: yping88    时间: 4-10-2018 16:02
@chubbycat
作者: yearshappy    时间: 4-10-2018 16:23
本帖最后由 yearshappy 于 4-10-2018 15:28 编辑
yping88 发表于 4-10-2018 13:35
Because there were many men on the first fleet disease-stricken, they carried the diseases to their  ...

The similar cases are, arguably

1) the Spaniards brought smallpox to the Incas;

2) Mongols spread the bubonic plague to the empires of Byzantium and Persia, and the Black Death to the Europe;

3) In the case of Australia, the Indigenous peoples in the centre of the land were less affected whereas the peoples along the coast line had a greater decrease in number as a result of the diseases brought by the early European settlers. The case of Indigenous Tasmanians was even more complex and controversial.
作者: yping88    时间: 4-10-2018 16:32
yearshappy 发表于 4-10-2018 15:23
The similar cases are, arguably

1) the Spaniards brought smallpox to the Incas;

Would you mind talking about a little bit more about how Indigenous people were almost wiped out in Tasmania?

Thanks, @yearshappy
作者: yping88    时间: 4-10-2018 16:36
To be clear, I am not personally supporting any ideas in particular! Just would like to hear what you all have to say on this matter, so, I can draw the wisdom from you to look at it from different perspectives!
作者: kevin妈妈    时间: 4-10-2018 16:48
yping88 发表于 4-10-2018 14:49
@牧马人 @Serin @yearshappy @5years @MICHELLE07 @指纹 @愚夫 @kevin妈妈 @周星星1832 @mite

我英文不好，这么多英文看不懂。

但是虽然不知道咋回事，也一定全力支持yping88
作者: 语之玫瑰    时间: 4-10-2018 17:20
This topic was discussed in my son's class last year.
Most of his classmate supported that the Australia Day should be cancelled or changed to another day. But my son insisted that it was fine.
作者: yping88    时间: 4-10-2018 17:33
语之玫瑰 发表于 4-10-2018 16:20
This topic was discussed in my son's class last year.
Most of his classmate supported that the Aus ...

Good on him, to speak up for what he believes in and be an independent thinker!
作者: 愚夫    时间: 4-10-2018 18:04
Didn't the Indigenous people have an official day to celebrate/ or memorize that they are Indigenous people?

Instead of arguing for another century, what's the problem if the gov names such a day which would make them well comforted? and probably one more public holiday to the rest unless they are unhappy.
作者: MICHELLE07    时间: 4-10-2018 18:13
support yping for no reason
作者: 妮南    时间: 4-10-2018 18:31
Thank yping88 for @me and thanks for your topics.

I would like to say “Australia day” has become a  big holiday to us whoever we have joined citizenships or not, we are living in Australia, should respect Australia aboriginal culture and rights.
作者: yping88    时间: 4-10-2018 18:32
MICHELLE07 发表于 4-10-2018 17:13
support yping for no reason

Hahaha, MM

You are biased and wouldn't be considered impartial and selected to sit for jury service if I were to be prosecuted!

Appreciate your unconditional support!
作者: yearshappy    时间: 4-10-2018 19:23
本帖最后由 yearshappy 于 4-10-2018 19:06 编辑
yping88 发表于 4-10-2018 15:32
Would you mind talking about a little bit more about how Indigenous people were almost wiped out i ...

I try
long story short

the historical context

  • between 1817 and 1830, white population experienced a dramatic increase from 2000 to 23500; 1 million sheep occupied the land of Tas
  • whites were in fear of attacks from the blacks
  • conflicts between two sides; death toll 176 whites, 700 blacks
  • the last 200 blacks were placed on Flinders Island only 80 remained by 1835

a history war between two camps
Left (black armband)Conservative (whitle blindfold)
  • the occurance of invasion & genocide
  • the black was in resistance to colonial power, self-defence
  • it's not assimilation but extermination
  • enlightenment assimilation hope, the process of colonisation or civilisation
  • the Left exaggerated the death toll,
  • reject the genocidal intention but acknoledge implication; a failure of assimilation


作者: yping88    时间: 4-10-2018 20:26
yearshappy 发表于 4-10-2018 18:23
I try
long story short

Thanks, @yearshappy

The settlement was established in Tasmania in 1803, almost 3 decades after the first convict fleet's arrival. Guess the indigenous people's illiterate state would have evolved to certain point in which the story-telling wouldn't remain in the path of word of mouth.

Then, what really happened to the dramatically declined Indigenous population would get told in an as-matter-of-fact approach.

Just my personal take!
作者: mite    时间: 4-10-2018 20:38
不是辩论吧 更像讨论 所以不需要支持不支持
作者: yping88    时间: 4-10-2018 20:50
本帖最后由 yping88 于 5-10-2018 07:23 编辑
yearshappy 发表于 4-10-2018 18:23
I try
long story short


Extermination, annihilation... or whatever it may be called, through killing or epidemic outbreak of fatal diseases, made the conflicts over land title and survival so much easier and necessary for the superior party (The ones who were armed with war weapons, who were capable of massacres, who were able to carry the diseases over but were able to survive these diseases). See, who would be making the history what it is!

The claim that epidemic outbreak of certain diseases were held accountable for the indigenous population's significant decline still couldn't sit perfectly right with me.

let's see: In 1620, the first group of pilgrims landed in North America. In a few years following their settlement, thousands of Native Americans disappeared due to the European diseases carried over by the pilgrims, because the American Indians had no immunity to fend off those diseases.

Over 150 years later, the British landed on another continent (Australia) and same story dragged on on Indigenous Australians. How come a so-called civilized nation could still do the same damage to another continent and repeat the same human disaster more than one and half centuries later when they knew different and so much better?

Therefore, I am not totally sold for the epidemic outbreak story!  
作者: 牧马人    时间: 4-10-2018 21:33
Difficult to catch up
作者: yping88    时间: 4-10-2018 21:55
牧马人 发表于 4-10-2018 20:33
Difficult to catch up

Take your time!

I got a day off today, so I was completely focused!
作者: yearshappy    时间: 5-10-2018 00:46
本帖最后由 yearshappy 于 5-10-2018 07:51 编辑
yping88 发表于 4-10-2018 19:26
Thanks, @yearshappy

The settlement was established in Tasmania in 1803, almost 3 decades after ...

You're certainly spot on and you're begging the question, whose history is it?
It's not the history of the Indigenous Tasmanians as till today, we do not know how many of them were at that time. They were considered as 'savages' and they were not worth counting.
What do people often say? History is written by winners!

Yes, very true. Written text is critical when it comes to history. Many greatest ancient texts are still being studied by people worldwide. However, these days objects, paintings, personal diaries, church records, just name a few, all of which can be studied and explored for their significance in history. So history is no longer THE history, the victors' history but histories for many including you, me and everyone else, at least in theory.

And yes again. In my 24#post, I chose the approach in an attempt of being neutral and objective by simply giving out the statistics and factual narratives.   

There were a few years back when I was very much into the poems, the ones that were written by Aborigines themselves. I remember clearly the poems were so touching and since then, I have had a better understanding of them. If you want a close up to them and want to explore the emotional part of them, then their poems are probably a way to go.
作者: 牧马人    时间: 5-10-2018 08:20
Flat out yesterday. Will get back on this today
作者: yping88    时间: 5-10-2018 14:17
yearshappy 发表于 4-10-2018 23:46
You're certainly spot on and you're begging the question, whose history is it?
It's not the hist ...

True that winners are grinners!

I certainly could tell that you were trying to get objective and perspective while having the limited resource and data at hands! Tough, isn't it!

Guess it doesn't hurt to throw a few questions that may never generate any answers to. But, I believe those questions could at least help us to understand why the indigenous communities have been doing what they do and cast their doubt in the appropriateness of the date Australia Day has been set!  
作者: yping88    时间: 5-10-2018 14:19
yearshappy 发表于 4-10-2018 23:46
You're certainly spot on and you're begging the question, whose history is it?
It's not the hist ...

Look like you have dug in a bit deeper into Indigenous literature and culture, do you mind sharing a bit more, sweet pea?
作者: 牧马人    时间: 5-10-2018 15:21
-        What happened is already history. There were some bad things but not bad overall. W/o settlers coming, conquering, colonizing this land we wouldn’t be able to have this nation which we live in. Something had to happen to lead us to here today. So I was sorry for those people who were hurt, trampled, de-humaned in the past but as a beneficiary I’m still glad that this country was built. A tragedy free building process sounds ideal but it never happens in reality. w/o such process this land would still be never-never and the aboriginals would still live in stone age and have the life expectancy at 30 and still being raping their kids.

-        When two way of lives with 40,000 yrs gap meet each other violence, tears and blood shed are guaranteed. The ruling class in London was facing population explosion in late 1700’s. Some people had to be sent away to new colonies otherwise they would have to deal with implosion within their own tiny little island. And what options did they have? US just got independent. I’m sure they felt thrilled that they still had Australia. And under that circumstances are we really expecting them to be so thoughtful about what the diseases the settlers might brought to new land and kill innocent aboriginals? Come on. Let’ be realistic here. Sometimes we are too obsessed with the so called universal values, universal morality. Well there was never such thing and never will. Those are nothing but madeup words. When Uncle Sam and his sidekicks UK and OZ are still dropping bombs all over the places in the middle east to expect their ancestors to care about the wellbeing of the aboriginals 200 yrs go is just too wishful.

-        Everyone is an individual. No matter white or brown. One is also an individual to all his forefathers in before. No one should inherit the guilt unless the guilt is from his own. No one is entitled to asked for compensation unless the systematic persecution or the discrimination which were imposed on his forefathers are still imposed on him. As individuals we draw lessons from the mistake our forefathers made but everyone should keep moving on instead of living in the past.

-        No matter how much victimized some aboriginal people want to be for those who were born post-apartheid nobody owes nothing to them. More over as an Chinese Australian neither I or my forefathers got involved in the atrocities against the aboriginals I definitely owe nothing to them. In fact some of my tax money has been used as handout to pay for my never existing ‘collective guilt’. Done more than I should have.

-        This beautiful country was built by the settlers who we all owe credit to. But as minority if it weren’t for the social movement of equality decades ago we wouldn’t even be able to come. But did that have anything to do with the aboriginals? No they were only free riders as well. The background of the end for white supremacy was the expansion of communism in 1960s and 1970s. The anti-colonism and the cosmopolitanism which were integrated in the communism back then were so appealing to the third world countries so the West had to self-evolve to compete with that. This is the factor from outside. There were something inside as well, the movement which was initiated by African Americans and got recognized worldwide. We owe credit to them.
作者: yearshappy    时间: 5-10-2018 18:30
本帖最后由 yearshappy 于 5-10-2018 17:34 编辑
yping88 发表于 5-10-2018 13:19
Look like you have dug in a bit deeper into Indigenous literature and culture, do you mind sharing ...


bits and pieces accumulated here and there over these years & a by-product of reading about the Australian history, for reference https://freeoz.org/ibbs/thread-1299166-1-1.html

In it, the book titled The World of the First Australians was what I recommend to like-minded people
作者: 晴天    时间: 6-10-2018 21:06
看着累，路过
作者: yping88    时间: 24-10-2018 15:44
High time to report back to my post now!
作者: yping88    时间: 24-10-2018 16:11
本帖最后由 yping88 于 24-10-2018 17:27 编辑

Here, I would like to touch base with you all on the Indigenous Rights campaign between mid 1940s and 1960s, during which there was a joint atomic testing program and mining initiatives in the making in outback central-west participated by British and Australia government.

This atomic testing program required a meteorological station established on the vast land where some Aborigines still lived a hunting/nomadic lifestyle. But, the Commonwealth government proposed to launch the atomic testing rocket there and build the weather station. Out of grave concerns over those nomad groups' well-being, the then Western Australia government took the matter to the parliament, put forward that the nuclear testing and meteorological station building was a serious violation of those Aborigines's land right and would pose a grievous impact on their health well-being.

That's then Australia government started realizing there still were groups Aborigines roaming in outback central-west! Three teams were appointed there to do some survey on Aborigines' general well-being and their lifestyle in the scotching hot desert! Among those teams were Anthropologists, Journalists (Guess who led the journalist team--Rupert Morduch), and Western Australia government health officials.

作者: yping88    时间: 24-10-2018 16:35
本帖最后由 yping88 于 24-10-2018 19:06 编辑

Surprisingly, both Anthropologists and Rupert Murdoch reached a conclusion quite in contrast to the claim made by Western Australia government team. And controversially, Mr Murdoch published his survey with a photo claimed taken on his journey but actually proved taken by someone else a few years earlier.

To take Western Australia government's concerns seriously, Commonwealth government resent a different team with the film maker and photographers. And this survey dramatically took the public aback, in which they saw how those Aborigines starved and suffered serious malnutrition, how the children were fed on their mother's dry breasts and how the animals they were hunting for became dehydrated in the sizzling sun and made their food resource scarce.

Here, guess I would dare to say that this might be the first time the White Australians collectively realized how the Aborigines' civil rights were fiercely violated and how much sufferings they endured in the outback. Then, the general public came to their collective conscience and protested government's movement to launch the nuclear program or allow mining businesses on the vast Indigenous land!
作者: yping88    时间: 24-10-2018 16:47
本帖最后由 yping88 于 24-10-2018 17:07 编辑

Here, I would like to take my hat off to the following influential figures who were true about their survey, advocated for Aborigines' land right and opposed to the testing for British's nuclear weapons.

Doris Blackburn
Charles Duguid
Donald Thomson
Doug Nicholls

Hats off to the then peace group, Indigenous activists, Women's Christian Temperance Union and Australia public for their clear conscience over the violation of Indigenous people's rights, concerns over their welfare and protest against nuclear weapon testing and mining businesses on Indigenous' tangible assets!
作者: yping88    时间: 24-10-2018 17:00
本帖最后由 yping88 于 24-10-2018 17:03 编辑

In spite of Australia public's outcry and protest, Commonwealth government still decided to go ahead with its joint nuclear weapon testing, but promised the public there wouldn't be any road built on that land. However, the government eventually broke its promise to Australians and Indigenous activists, and the developers advanced their adventures into this land through the graded roads built to launch their mining businesses and build the meteorological station!
作者: yping88    时间: 24-10-2018 21:35
In this post, please allow me to inject an article and then, I can explore a little bit deeper.

https://larryhannigan.com/2018/01/26/australia-day-26th-january-1788/

International law recognises all territories acquired through invasion and annexation by force, prior to World War II, as lawful conquests...This 'Right of Conquest' doctrine was first conceived by the International Law Commission of the United Nations and later adopted as UN General Assembly Resolution 3314...Provided that all citizens of a lawfully conquered territory are granted equal rights by the local law, international law doesn't consider the descendants of the conqueror and the conquered as two separate peoples...Had Australia actually been invaded, the descendants of its native population would be classified as a conquered people and their land rights would be abolished under UN Resolution 3314.

So, dare I say that thanks to this UN resolution on the land right, all the countries that were colonized through either conquest or free settlement during colonial era could rely on a law to claim the land title  as far as land right was concerned. Otherwise, if those countries' indigenous population collectively started claiming back their ancestors' land, it would throw the whole international communities map into an incredible turmoil.

But, please bear in mind that this law only was applicable to the lands that were conquered prior to World War II. From then on out, there are different international laws to hold accountable the international communities behaviour for protecting each and every country or territory's and integrity and sovereignty.

作者: yping88    时间: 24-10-2018 21:57
本帖最后由 yping88 于 25-10-2018 05:23 编辑

Then, there comes a question: Was Australia invaded or settled? The answer to this question would be able to settle the land right that had been bothering all Australians for an awfully long time! According to the international law, the settlers could only claim the continent right if it was deemed TERRA NULLIUS--belong to no one, when the settlement started. However, it was well known fact that Indigenous people lived on this land for 50,000-65,000 years before British explorers landed, so, TERRA NULLIUS status didn't apply here in the land title reconciliation process!  
作者: yearshappy    时间: 25-10-2018 06:47
Yping88 is really diving into the murky water
作者: yping88    时间: 25-10-2018 15:22
yearshappy 发表于 25-10-2018 06:47
Yping88 is really diving into the murky water

Hahaha, you know me very well

But don't get all comfortable yet, you need to switch on and hold your beacon up high, so I can navigate out of this murky water without trouble breathing!

The murkiest path is yet to come!
作者: yping88    时间: 25-10-2018 15:38
本帖最后由 yping88 于 25-10-2018 15:52 编辑

I am now all equipped to dive into a 1982's case in which a group of Meriam people (Torres Strait Islanders) challenged Australia's legal system both in Queensland and Supreme Court about their land rights to Murray Island.

The then sitting judge in highest Court was Moynihan, the plaintiffs' representative was Eddie Mabo, therefore, this famous case has been referred as Mabo Decision both nationally and international ever since!

Please bear with me! Let me take a long, big breath!
作者: yping88    时间: 25-10-2018 15:42
To ease all of us in, let me copy a short text from Mabo Case:

Mabo case

The Mabo Case was a significant legal case in Australia that recognised the land rights of the Meriam people, traditional owners of the Murray Islands in the Torres Strait. The Mabo Case challenged the existing Australian legal system from two perspectives:

1. On the assumption that Aboriginal and Torres Strait Islander peoples had no concept of land ownership before the arrival of British colonisers in 1788 (terra nullius).

2. That sovereignty delivered complete ownership of all land in the new Colony to the Crown, abolishing any existing rights that may have existed previously.

https://aiatsis.gov.au/explore/articles/mabo-case
作者: yping88    时间: 25-10-2018 16:31
Mabo Case was initially presented to Queensland's high court and Supreme Court in 1982 by a group of Meriam indigenous people led by Eddie Mabo to argue about their Native Title to Murray Island.

The then chief justice requested Queensland high court judge Moynihan to determine the claim. But this case had to be adjourned in the proceeding due to the fact that Mabo's group had to throw in case against the constitutional validity of the then Queensland Coast Islands Declaratory Act, which was past in Queensland's parliament trying to preempt Meriam groups case (This Act was effective after this group brought their case to court, but before Mabo case was settled. How sneaky!!), and retrospectively distinguish Meriam group's claim to Murray Island.

Oh, brother, this is quite exhausting!
作者: yping88    时间: 25-10-2018 16:38
After review, The 1985 Queensland Coast Islands Declaratory Act was distinguished on the ground that the Act was in conflict with 1975's Racial Discrimination Act.

Then, the Mabo's case was considered valid and granted a chance to be proceeded in Queensland's high court.

Good on you, Australia!
作者: yping88    时间: 25-10-2018 16:51
The case was settled until 1990, after calling on many elderly witnesses, personal visits to the claimed areas, getting upclose and personal to more of island life, and even questioned some other witnesses who took the opposite standing on the case, judge Moynihan determined that Mabo's group successfully proved that Meriam's custom and traditional laws prevailed in claiming their original land rights and obligations to Murray Island.
作者: yping88    时间: 25-10-2018 17:00
本帖最后由 yping88 于 26-10-2018 23:32 编辑

In 1992, six out of seven judges in high court came to conclusion that Murray Island was not Terra Nullius or Occupied by no one when British settlement started, therefore, the Meriam People could claim their ownership to against "the whole world to possession, occupation, use and enjoyment to most of the Murray Island.

Plus, since this case, high court inserted in Australia law a legislation of native title asserting that Indigenous people had inhabited this land for thousands of years long before the British settlers ever did, and thus were entitled to the land through their own customs and traditional laws. Dispossessing Indigenous people of their land piece by piece to accommodate the settlements' growth and guaranteed Australia's advance as a developed modern entity. (However, this painted Australia in a bad light as a nation in the international standing, didn't it).
作者: yping88    时间: 25-10-2018 17:17
Quote:

The new doctrine of native title replaced a 17th century doctrine of terra nullius in which British claims to possession of Australia were justified on a wrongful legal presumption that Indigenous peoples had no settled law governing occupation and use of lands. In recognising that Indigenous peoples in Australia had prior rights to land, the Court held that these rights, where they exist today, will have the protection of the Australian law until those rights are legally extinguished.

The High Court decision in the Mabo v. Queensland (No.2) altered the foundation of land law in Australia and the following year the Native Title Act 1993 (Cth), was passed through the Australian Parliament. This opened the way for claims by Aboriginal and Torres Strait Islander peoples to their traditional rights to land and compensation.
作者: yping88    时间: 25-10-2018 17:24
本帖最后由 yping88 于 25-10-2018 17:45 编辑

So, what is Mabo Decision's significance in Australia's judicial history? Because it's legal issue and can't be taken any lightly. I would have no legal capacity interpreting it or any writing competency taking any key message out of it. Then, I would be obliged to present it to you as originally put.

There were five key issues of importance to legal precedent in the Mabo decision for the recognition of Indigenous peoples’ rights in Australia:

Reviewing the implications of Australia’s settled status.

Applying the principle of non-discrimination in the enjoyment of property rights.

Explaining the operation of the Crown’s sovereign radical title.

Recognising native title and the source of rights in Indigenous law and custom.

Asserting the power of the state to extinguish native title rights.

https://aiatsis.gov.au/explore/articles/mabo-case

作者: yping88    时间: 25-10-2018 17:42
本帖最后由 yping88 于 26-10-2018 14:32 编辑

Rambled on just like this, I only wish that I could present a piece of history I happened to dive into and turned some stones within.

Then, I reckon it will be serving nothing but a reminder for me to reflect on the roots Australia has been springing out of, to appreciate the hardship both Indigenous people and early settlers pulled themselves through advancing Australia forward, to praise what a great nation Australia has grown into, to pay my very respect to those who fought for Indigenous human and land rights; who advocated and represented Australia as a great nation; who were courageous enough to look back on the colonial history; who honestly told the next generation what modern Australia's past was all about; who were determined to put the past behind and stand up united with all races as a whole to do their own personal best and make Australia a great place for people from all different ethnic backgrounds to find their feet on!
作者: yearshappy    时间: 26-10-2018 14:07
本帖最后由 yearshappy 于 26-10-2018 14:11 编辑
yping88 发表于 25-10-2018 17:24
So, what is Mabo Decision's significance in Australia's judicial history? Because it's legal issue a ...

Mabo case is indeed influential and there are a number of documentaries and films made specifically for it. The topics you've picked up are almost all debateful : the issue of indiginous peoples' land title is complicated both at the societal and political levels, just like many historical issues all over the world that there is hardly a one-size-fit-all soclution there. .

Just to add a couple of points to your post for references:




作者: yearshappy    时间: 26-10-2018 14:16
the man's name - Bennelong
作者: yping88    时间: 26-10-2018 14:58
本帖最后由 yping88 于 26-10-2018 15:34 编辑
yearshappy 发表于 26-10-2018 14:07
Mabo case is indeed influential and there are a number of documentaries and films made ...


They are all indeed debatable and controversial, aren't they!

While I was going through Indigenous past and Mabo Case, I found myself so emotionally exhausted and tortured myself with the questions whether I needed to go there and what I wanted to achieve!

Then, I convinced myself to dig a little deeper about this nation's past, because whatever that was, I should be obliged to get myself acquainted with it and gain a bit historic perspective about it if I have found pride in calling my adopted country a permanent home!

Having said that the Indigenous people had been wrongly done by in the past, I have found comfort in the facts that there have been quite a few organizations and advocate groups who have been relentlessly fighting for indigenous people for various rights and social justice. This is what I will be focused on and be grateful to the British forefathers and pioneers who fought so hard to advance Australia to what it is today!
作者: yping88    时间: 26-10-2018 15:09
yearshappy 发表于 26-10-2018 14:07
Mabo case is indeed influential and there are a number of documentaries and films made ...

Mabo case was such a unique case standing out in both Australia and international scale, for the case of this kind has never stricken the well-established western legal systems anywhere else in the colonial societies, the United States, New Zealand, and so forth!

The judicial answers to Mabo's case and the significance it represents by no means have painted Australia in the best light in the international communities!

  
作者: yearshappy    时间: 26-10-2018 15:10
yping88 发表于 26-10-2018 14:58
They are all indeed debatable and controversial, aren't they!

While I was going through Indige ...

It's all worth it, I believe.   
作者: yping88    时间: 26-10-2018 15:22
yearshappy 发表于 26-10-2018 14:07
Mabo case is indeed influential and there are a number of documentaries and films made ...

Of course, almost every invention, new technique, policy comes into existence carrying with it the pros and cons, sometimes, pros far better outweigh the cons, in such a case, the society finds its gratification and enjoys it while trying to bring down the cons to the lowest possible level. However, when the cons exceed the pros and cause the negative imbalance, the society would be hit by the confusion a great deal, then, it would rely on its political and judicial body to correct the balance.

Oh, boy! As soon as the word CORRECT comes around, another word OVERCORRECT immediately hits me! But, that's how a society constantly initiates the conversations and moves forward as a whole.
作者: yping88    时间: 26-10-2018 15:26
本帖最后由 yping88 于 26-10-2018 15:36 编辑

The idea of 'Terra Nullius' was derived from John Locke's 'property rights'. I've, in recent years, come to realise that lots of the Enlightenment ideals, from today's point of view, had positive and nagetive effects in the same time, and were productive to some people as well as somewhat harmful to other peoples, e.g. progress theory(civilised vs premitives, colonisation), race theory (racism, eugenics), social Darwinism, just name a few.

To even think of the above topics, you can never be guaranteed a peaceful mind and be rest assured, can you?
作者: yearshappy    时间: 29-10-2018 09:05
yping88 发表于 26-10-2018 15:26
The idea of 'Terra Nullius' was derived from John Locke's 'property rights'. I've, in recent years,  ...

adding one more to the list of paradoxes
all of these refined varieties of food
e.g.  
white rice vs brown rice
whole grains vs flours, bran



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