Tue 07 Nov, 2017 12:00 pm
slparker wrote:Lindsay wrote:There is no such thing as an indigenous 'nation' in Australia. Aboriginal society was organised around loose groups of extended family, not a nation in the accepted sense.
All this means is that you don't accept or cannot conceive of what an Aboriginal nation might be. You appear to be confusing a nation with a nation-state. The definition of a nation is not monolithic and is not necessarily the same as a state. For example, the Kurdish Nation does not have its own state but it's people would define themselves as a nation.
Aboriginal Nations are defined along the criteria already accepted for Indian/Native American peoples. The word nation is an acceptable word to describe the traditional country of Indigenous people in Australia. This word has been used to define and delineate traditional Aboriginal lands since at least 1996. here is some explanatory material.
http://www.australia.gov.au/about-austr ... l-heritage
Lindsay wrote:The first settlers were instructed to acquire land from the natives by trade or agreement, but could not find any individual or any formal structure within aboriginal society with the authority to make such a deal.
Do you have any examples of this that you can cite? ...... .
Tue 07 Nov, 2017 12:07 pm
Lindsay wrote:slparker wrote:Lindsay wrote:There is no such thing as an indigenous 'nation' in Australia. Aboriginal society was organised around loose groups of extended family, not a nation in the accepted sense.
All this means is that you don't accept or cannot conceive of what an Aboriginal nation might be. You appear to be confusing a nation with a nation-state. The definition of a nation is not monolithic and is not necessarily the same as a state. For example, the Kurdish Nation does not have its own state but it's people would define themselves as a nation.
Aboriginal Nations are defined along the criteria already accepted for Indian/Native American peoples. The word nation is an acceptable word to describe the traditional country of Indigenous people in Australia. This word has been used to define and delineate traditional Aboriginal lands since at least 1996. here is some explanatory material.
http://www.australia.gov.au/about-austr ... l-heritage
Lindsay wrote:The first settlers were instructed to acquire land from the natives by trade or agreement, but could not find any individual or any formal structure within aboriginal society with the authority to make such a deal.
Do you have any examples of this that you can cite? ...... .
Instructions to Arthur Phillip from King George III
"You are to endeavour by every possible means to open an intercourse with the natives and to conciliate their affections........" Phillips instructions 25 April 1787
"I think it a great point gained if I can proceed in this business without having any dispute with the natives..." Phillips Journal Vol 1Pt 2 p53
Tue 07 Nov, 2017 12:12 pm
north-north-west wrote:Demanding access against the wishes of the owners and traditional custodians is also disrespectful....
north-north-west wrote:That is the idea behind affirmative action. It is not about privileging one group above another, but making up for (correcting) prior discrimination against them.
north-north-west wrote:There is a daily ration of four biscuits for two people. One of those people has always taken three of the biscuits while the other gets one. This is privilege. In order to balance it, the person taking three has to take fewer so the other can get an equal share. It's not a difficult concept. Nor is it unfair on the person who used to take the most.
jdeks wrote: the responses from advocates generally aim to shift or shut down the debate, usually with some derivative of 'You dont understand, you're privileged... two wrongs make a right.
Tue 07 Nov, 2017 12:18 pm
LachlanB wrote:I understand where you're coming from Jdeks with the comments in the post above. But the thing is that it's not a zero sum equation- refraining from climbing Uluru does not lead to any negative outcome for non-Indigenous Australians.
LachlanB wrote: Plus the important thing is that Indigenous Australians have suffered over 200 years of colonialism, and for many this colonial relationship continues. It is most certainly not water under the bridge. So in terms of achieving a social balance between Indigenous and non-Indigneous Australians, the balance need to come back a long way in favour of the former, and acts like respecting the wishes of the Traditional owners in non climbing Uluru are just one small part of achieving this.
Tue 07 Nov, 2017 12:30 pm
jdeks wrote:Thanks for the points, but I'm just seeing exactly the diversion I mentionednorth-north-west wrote:Demanding access against the wishes of the owners and traditional custodians is also disrespectful....
My point is those very wishes are, themselves, disrespectful.
jdeks wrote:Firstly, inherent in them is a restriction of liberties of fellow Australians. Other laws do the same, but they have justification grounded in the common good. So whats the reason here?
The traditional justification for not climbing Uluru is instead grounded entirely in the same primitive tribal law that also justified arranged marriages with child brides (often consummated with rape), and punished homosexual behavior by spearing offenders in the legs.
jdeks wrote:So which superstitious cultural 'wishes' deserve enshrinement in law, and which don't? Do Adam and Eve now have a place in biology classes? Do we comply with the wishes of the church on same-sex marriage, out of 'respect for their wishes?
jdeks wrote:Once again, 'respect' seems to be a very selective and flexible notion - mainly because it's hard to make a case for it when the demand itself is pretty unjustifiable.
jdeks wrote:north-north-west wrote:That is the idea behind affirmative action. It is not about privileging one group above another, but making up for (correcting) prior discrimination against them.
This ALSO has quite a few problems. Firstly, if we are really interested in correcting the imbalance, denying other Australians something for a symbolic point does absolutely nothing to address the actual deficiencies (health, education, employment) affecting indigenous communities. Which means this sort of affirmative action is NOT corrective, its compensatory. Biiig difference
Tue 07 Nov, 2017 12:30 pm
slparker wrote:there is a way around it ...[snip]
The Mabo determination allows the formal legal transfer of land back to Aboriginal people if they can prove ancestry and continued cultural connections - which is a formality because as far as Aboriginal people are concerned it is their land.
Aboriginal people can then determine what they do with it - within Commonwealth and State legislation.
jdeks wrote: the responses from advocates generally aim to shift or shut down the debate, usually with some derivative of 'You dont understand, you're privileged/selfish/western/white/bogan, two wrongs make a right, even debating this is wrong, its 'their land', OMG it's just basic/obvious/respect'.
Tue 07 Nov, 2017 12:36 pm
slparker wrote:Aboriginal land is land for which Aboriginal people hold inalienable freehold title under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). The title is similar to other freehold title but it may not be sold or transferred.
Do you similarly object when access is refused to other forms of freehold Land, your living room, for example?
This is a strawman. In terms of Uluru, the Traditional Owners own the land so, technically, they can prohibit access to anyone because it is a form of Freehold Land. What Aboriginal peole practiced generations ago is no more relevant than the witch-burning to the Baptist Church in 2017.
Religious freedoms are practiced in Australia and teaching in classrooms is a strawman argument. Cultural recognition of Aboriginal People, and their cultural practices, is subject to various acts of parliament. Most obviously the Native Title Act, which pretty much states that it is their land and htey can do what they like with it within the peramaters of Commowealth and State legislation.
I don't see a convincing case that non-Indigenous people have been disrespected. let us look back 200 years. No, still don't see it. Can you elaborate on that one?
http://www.businessdisabilityinternatio ... -equality/
Tue 07 Nov, 2017 12:43 pm
jdeks wrote:
sigh. " around " the issue is certainly where you're going.
We're not talking about privately owned and managed land. We're talking about land that has, under whatever arrangement, been handed back for management and use by the Commonwealth. All of the commonly-used comparisons with privately managed properties are fallacies of false analogy.
jdeks wrote: the responses from advocates generally aim to shift or shut down the debate, usually with some derivative of 'You dont understand, you're privileged/selfish/western/white/bogan, two wrongs make a right, even debating this is wrong, its 'their land', OMG it's just basic/obvious/respect'.
Tue 07 Nov, 2017 12:47 pm
jdeks wrote:slparker wrote:Aboriginal land is land for which Aboriginal people hold inalienable freehold title under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). The title is similar to other freehold title but it may not be sold or transferred.
Do you similarly object when access is refused to other forms of freehold Land, your living room, for example?
This is a strawman. In terms of Uluru, the Traditional Owners own the land so, technically, they can prohibit access to anyone because it is a form of Freehold Land. What Aboriginal peole practiced generations ago is no more relevant than the witch-burning to the Baptist Church in 2017.
Religious freedoms are practiced in Australia and teaching in classrooms is a strawman argument. Cultural recognition of Aboriginal People, and their cultural practices, is subject to various acts of parliament. Most obviously the Native Title Act, which pretty much states that it is their land and htey can do what they like with it within the peramaters of Commowealth and State legislation.
I don't see a convincing case that non-Indigenous people have been disrespected. let us look back 200 years. No, still don't see it. Can you elaborate on that one?
http://www.businessdisabilityinternatio ... -equality/
I'm well aware of what the laws are champ.
My point is their justifications are as ethically inconsistent , diversionary and narrow-scope as the argument of the people supporting them (and that laughable link).
None of what you're bringing up here actually addresses these inconsistencies.
Tue 07 Nov, 2017 12:57 pm
slparker wrote:jdeks wrote:
sigh. " around " the issue is certainly where you're going.
We're not talking about privately owned and managed land. We're talking about land that has, under whatever arrangement, been handed back for management and use by the Commonwealth. All of the commonly-used comparisons with privately managed properties are fallacies of false analogy.
Uluru is Freehold land leased to the commonwealth. It is subject to the terms of hte lease which you will find here:
https://www.environment.gov.au/system/f ... t-plan.pdf
Please tell us where the land has been 'handed back to the Commonwealth' this is incorrrect. It is clear that Uluru is Native Title, a form of unalienable Freehold Title. It is not Commonwealth land. The Commonwealth would have to revoke The Act or apply to the Federal Court for revocation to be deemed the owners of Uluru. You seem stuck on this point in which you are manifestly incorrect.
How is the debate being shut down? In terms of Uluru you have made statements that are incorrect - which I have provided evidence to debunk. To date you have provided no evidence that your assertions are correct.
Tue 07 Nov, 2017 1:20 pm
Tue 07 Nov, 2017 1:45 pm
jdeks wrote:slparker wrote:jdeks wrote:
sigh. " around " the issue is certainly where you're going.
We're not talking about privately owned and managed land. We're talking about land that has, under whatever arrangement, been handed back for management and use by the Commonwealth. All of the commonly-used comparisons with privately managed properties are fallacies of false analogy.
Uluru is Freehold land leased to the commonwealth. It is subject to the terms of hte lease which you will find here:
https://www.environment.gov.au/system/f ... t-plan.pdf
Please tell us where the land has been 'handed back to the Commonwealth' this is incorrrect. It is clear that Uluru is Native Title, a form of unalienable Freehold Title. It is not Commonwealth land. The Commonwealth would have to revoke The Act or apply to the Federal Court for revocation to be deemed the owners of Uluru. You seem stuck on this point in which you are manifestly incorrect.
How is the debate being shut down? In terms of Uluru you have made statements that are incorrect - which I have provided evidence to debunk. To date you have provided no evidence that your assertions are correct.
The land has been leased back to the commonwealth. Before you start jumping up and down about the provisions in that lease, let me state very clearly again - my point is those provisions were/are poorly justified on inconsistent principles, with respect to restricting public access, to a land legally leased as a public national park, funded by public money.
You know this as well as I do, but you are selectively misinterpreting or de-contextualising my statements in order to "debunk" them, as you say. I'm not interested in this 'point-scoring' approach to discussion. You come across as panicked.
Tue 07 Nov, 2017 2:59 pm
slparker wrote:If Uluru was public land, Parks Australia would still be obliged to restrict access for cultural reasons, because Parks Australia is obliged to operate under the EPBC Act (1999) and its obligations as signatories to the UN declaration on the Rights of Indigenous People. So, every National Park in Australia is subject to restricted access under these provisions. Uluru is not unique.
Similarly, Crown Land is also subject to restriction, also under the respective Relics acts of each state and territory.
You still haven't demonstrated how this is in any way inconsistent...
Mark F wrote:I was trying to walk away from this acrimony but if you feel that "those provisions were/are poorly justified on inconsistent principles, with respect to restricting public access, to a land legally leased as a public national park, funded by public money." then the best way to address your issue is to bring a legal challenge to either the lease or the native title determination. As far I can tell you haven't articulated what the "poorly justified provisions and inconsistent principles" are other than I believe you consider the ban on climbing Uluru to be one of those provisions. Public access is denied to many areas of National Park across Australia for a wide range of reasons.
Edit - @jdeks- if you were walking the Larapinta Track would you insist on entering the various areas that walkers are asked not to visit?
Tue 07 Nov, 2017 3:17 pm
jdeks wrote:slparker wrote:If Uluru was public land, Parks Australia would still be obliged to restrict access for cultural reasons, because Parks Australia is obliged to operate under the EPBC Act (1999) and its obligations as signatories to the UN declaration on the Rights of Indigenous People. So, every National Park in Australia is subject to restricted access under these provisions. Uluru is not unique.
Similarly, Crown Land is also subject to restriction, also under the respective Relics acts of each state and territory.
You still haven't demonstrated how this is in any way inconsistent...
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I have. Pages ago. But at this point in time it's quite clear that your incomprehension, deliberate or otherwise, is your problem. I'm quite certain any response I offer would not change your responses. Ergo, I wont bother.
Tue 07 Nov, 2017 4:35 pm
slparker wrote:............
Do tou have any examples of your assertion: '...but could not find any individual or any formal structure within aboriginal society with the authority to make such a deal.'
Tue 07 Nov, 2017 4:56 pm
Lindsay wrote:slparker wrote:............
Do tou have any examples of your assertion: '...but could not find any individual or any formal structure within aboriginal society with the authority to make such a deal.'
There are no examples of Phillip or subsequent governors finding anyone to deal with who could speak for a whole community - because such people did not exist....hence there is no such thing as an Aboriginal 'nation', in spite of what todays professional aborigines would have us believe.
Tue 07 Nov, 2017 6:47 pm
jdeks wrote:Thanks for the points, but I'm just seeing exactly the diversion I mentionednorth-north-west wrote:Demanding access against the wishes of the owners and traditional custodians is also disrespectful....
My point is those very wishes are, themselves, disrespectful.
Firstly, inherent in them is a restriction of liberties of fellow Australians. Other laws do the same, but they have justification grounded in the common good. So whats the reason here?
The traditional justification for not climbing Uluru is instead grounded entirely in the same primitive tribal law that also justified arranged marriages with child brides (often consummated with rape), and punished homosexual behavior by spearing offenders in the legs.
Tue 07 Nov, 2017 7:00 pm
Hallu wrote:jdeks wrote:Thanks for the points, but I'm just seeing exactly the diversion I mentioned
My point is those very wishes are, themselves, disrespectful.
Firstly, inherent in them is a restriction of liberties of fellow Australians. Other laws do the same, but they have justification grounded in the common good. So whats the reason here?
The traditional justification for not climbing Uluru is instead grounded entirely in the same primitive tribal law that also justified arranged marriages with child brides (often consummated with rape), and punished homosexual behavior by spearing offenders in the legs.
You jump to ridiculous conclusions with purposely disgusting evocations. So because of the crusades and the Spanish inquisition Catholicism should be banned ? Because of extremist terrorism Islam should be banned ? You're just like those people who say "they won't tell me what to do" except you try to reason it to death.
jdeks wrote:...
Nobody talks about 'respecting' those wishes now, because they impinge on liberties we value and they have no logical justification in their own right. Yet people support restricting freedom of movement on ground leased to the public and managed by tax dollars, citing the importance of respecting the same creed?
So which superstitious cultural 'wishes' deserve enshrinement in law, and which don't?
Tue 07 Nov, 2017 7:14 pm
jdeks wrote:Firstly, inherent in them is a restriction of liberties of fellow Australians. Other laws do the same, but they have justification grounded in the common good. So whats the reason here?
Tue 07 Nov, 2017 7:30 pm
Tue 07 Nov, 2017 7:40 pm
Hallu wrote:Flying off the handle lol, mate you respond to EVERY reply bit by bit like a mental, you call people racist when they're not just to provoke and troll... No one can see your point anymore.
Wed 08 Nov, 2017 6:47 am
Wed 08 Nov, 2017 7:43 pm
Wed 08 Nov, 2017 10:51 pm
Thu 09 Nov, 2017 5:30 am
Thu 09 Nov, 2017 9:03 am
Thu 09 Nov, 2017 6:10 pm
Sat 11 Nov, 2017 10:49 am
South_Aussie_Hiker wrote:Rather than waste time trying to explain to people vehemently opposed to the ban why I think they shouldn’t climb, I prefer to expend that effort encouraging them instead to do the base walk.
...
I don’t have to understand why they wish climbing it be banned. I’m not particularly interested to be frank...
Sat 11 Nov, 2017 11:34 am
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