keywords: Mabo

  • RELIGION

    NAIDOC Week homily

    • Frank Brennan
    • 03 July 2017

    There is no point in proceeding with a referendum on a question which fails to win the approval of you, the First Australians. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the overwhelming majority of the voting public, regardless of when they or their ancestors first arrived in Australia. Given that you Indigenous Australians have spoken strongly through your representatives at Uluru in support of a First Nations Voice, it is now for the Referendum Council to recommend to government a timetable for constitutional change with maximum prospects of a 'Yes' vote.

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  • AUSTRALIA

    RIP David Passi, last surviving Mabo plaintiff

    • Frank Brennan
    • 26 June 2017
    7 Comments

    Anglican priest, traditional landowner and land rights campaigner David Passi has died. He was the last surviving plaintiff in the historic Mabo decision. A year after the Mabo decision I travelled to the Torres Strait and met James Rice and Passi, the two successful litigants in the case. Returning by boat to the mainland from the island of Mer in the Murray Islands, the waters of the Torres Strait were exceedingly calm.

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  • AUSTRALIA

    An inclusive Australia

    • Frank Brennan
    • 13 June 2017
    1 Comment

    This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.

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  • AUSTRALIA

    On Aboriginal land: seeking a place at the table

    • Frank Brennan
    • 31 May 2017
    6 Comments

    Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.

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  • RELIGION

    Let's amend 18C to say what it means

    • Frank Brennan
    • 14 March 2017
    24 Comments

    The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.

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  • AUSTRALIA

    Why I don't support changing the date of Amnesia Day

    • Celeste Liddle
    • 23 January 2017
    27 Comments

    For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • AUSTRALIA

    Treaty holds the key to robust environmental law

    • Bronwyn Lay
    • 09 September 2016
    17 Comments

    When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.

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  • AUSTRALIA

    Truth beyond written records of the Wave Hill walk off

    • Moira Rayner
    • 23 August 2016
    9 Comments

    I had been in WA for exactly a year when the local newspaper reported that a white guy had led about 200 people off Wave Rock station. Coming out of the comfortable myth that my home country of New Zealand was not racist, I was amazed to learn that Australia's Indigenous people were obliged to work without industrial protections. In 1966 it was the British Vesteys Group that had been exploiting Aboriginal people: today it is the State in the guise of 'community development', aka work for the dole.

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  • AUSTRALIA

    The changing face of the law across generations

    • Frank Brennan
    • 25 July 2016
    7 Comments

    Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

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  • AUSTRALIA

    Legal grey area hinders Aboriginal repatriation

    • Kate Galloway
    • 17 June 2016
    3 Comments

    Until the 1940s, bodies of deceased Aboriginal and Torres Strait Islander people were sent to museum, scientific, and private collections around the world. The remains of more than 1000 Aboriginal and Torres Strait Islander Australians continue to be held overseas in collections. Indigenous Australians have worked tirelessly towards repatriation, and there has been some success in recent decades. Unfortunately, the remains tend to fall into a grey area of Australian law.

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  • RELIGION

    The past, present and future of the Easter Rising 1916

    • Frank Brennan
    • 02 May 2016
    2 Comments

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