SBS.COM.AU
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Excellent clear plain English language wording clarification, key part transcription quotation (—i transcribed by hand over an hour or so) :
“Natalie Cromb – Writer and Paralegal :
…
Despite many attempts to rewrite and sanitise history, we know that under English law at the time of Governor Phillip’s claim there were three legal regimes under which they could acquire a colony (1) Settlement: where the territory is uninhabited and the settlers’ law—settlers brought English law with them (2) Conquest: where the territory is inhabited and the local law survives so long they didn’t interfere with the laws of the crown (3) Cession: where the territory was inhabited and sovereignty was ceded and the agreed law was agreed between the parties. The prevailing legal doctrine in Australia is that it was acquired through settlement despite the presence of indigenous populations because the English common law declared the lands uninhabited because they declared the people savages and uncivilised by eighteenth century, English, norms. Ultimately, through the doctrine of terra nullius [the] indigenous people where subverted as savages. And this was integrated into the Australian constitution. The illegality of the actions of the crown where clear even as far back as 1832 when the chief protector of Aborigines George Robinson wrote: I am at a loss to concieve by what tenure we hold this country for it does not appear to be that we either hold it by conquest or by right of purchase. This isn’t new to us, we know this country wasn’t settled. We know that sovereighty wasn’t ceded. And it is this disparity of understanding between what we know and what white Australia is told. This is a critical point to the success or failure of any cause, the truth and the wide acceptance of the truth as fact. Sadly we would all know countless people that we’ve encountered throughout our lives that say ‘i had no idea’; ‘i didn’t know this was happening’. It must have been in the history, in the past. The average Australian simply does not know about the fight for equality and rights that indigenous people have been fighting for two hundred and twenty seven years. They don’t understand the history and by history i mean the true history. I mean the fact that indigenous people where subjects of forced and violent dispersals from their cultural lands, they were the victims of massacres and murders, rapes and retributory attacks whenever they resisted. There were genocidal policies based on pseudo-science of indigenous inferiority. There were sinister attempts to murder countless indigenous people when the diseases weren’t killing us fast enough. There was the pervasive mindset of indigenous people being subhuman and this justified it in the minds of the colonisers.