The Necessity of Reparation for Historic Injustices

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bluediamond started the topic in Sunday, 25 Jul 2021 at 1:26pm

Uni assignment i did a few years ago. This is my take on things. I'm sure this will ruffle many feathers. I hope so.
Love Blue Diamond x

The Necessity of Reparation for Historic Injustices

Introduction – Compensatory Justice
Disparities between the standards of living of humans on this planet have long been a part of our history on this planet. From the wealthy nations of the West to the developing and undeveloped nations on this globe, the diversity in the quality of life when viewed from a moral standpoint are without a doubt grossly unfair.
In this paper I will look at why historic injustices do require some form of reparation. I take a strong stance that we are more obliged to solve current injustices than to provide reparation for every act of injustice in the past. In doing this I will first investigate the historic injustice of the Aboriginal people of Australia and I will look at the argument that they are entitled to some form of reparation and why.
I will incoroporate some interesting views from Jeremy Waldron, Robert Nozick and others which will help me slowly build to my conclusion that reparation should be in the form of Non Indigenous Australians surrendering some of our priveleges as a form of reparation.

Historic Injustices to Indigenous Australians:
Australia the continent was well inhabited for many years long before white settlement. It is commonly known that in 1788 Australia was colonised as a country under the rule of the British Empire, with total contempt for the fact that it was already inhabited by a native indigenous race of people.
The way the original inhabitants have been treated, including forced assimilation, execution, stolen families and not even allowed to be recognised as citizens for a large part of white Australia’s history are also well known facts. (Poole, 1999,pp114-142)
There exists now a situation where there is a large divide between Aboriginal and non Aboriginal Australian’s that can be traced back to the moment Australia was invaded by English settlers and the brutal and unfair treatment that has followed.
So at this point now, in 2013 what is the just and fair way to make amends for past actions?
I would argue that a moderate to large amount of reparation is overdue for this nation of people, the Aboriginal people. But there are many challenges to this view point especially that of how much reparation, and what sort of compensation.

Past injustices or present suffering?
One of the questions raised in an issue like this is whether it is better to provide compensation or reparation for past deeds, which have already been done in a previous generation and cannot be changed, or whether it is better to now provide assistance to those who are suffering in their current situations and consider that as a form of moral duty.
To understand this we need to delve a little deeper into this issue and hear some differing viewpoints.
Firstly we need to understand what the best way to provide reparation. How do we judge what is the best way of giving back and how much? Jeremy Waldron states “The historic record has a fragility that consists, …in the sheer contingency of what happened in the past” (Waldron,1992,p5 )
This is saying that we can’t trace every single injustice back to the original act therefore reparation for every act would be almost impossible because it would ultimately be guess work.
In this statement he has an objection from Robert Nozick who believes it is in fact possible to address this problem by “changing the present so that it resembles how the past would have looked had the injustice not taken place” (McKenzie, 2013)
This would be a way to ultimately provide maximum reparation, but is it the correct approach? I believe this is a fairly radical approach, although it does have some merits in the fact it would be working in a positive way for indigenous people, I don’t think it is entirely the right way to deal with these issues but it is on the right track.
Waldron argues that it is based on too many unknowns. “The status of counterfactual reasoning about the exercising of human reasoning of human freedom is unclear”(Waldron 1993,p10)
Which leaves the question somewhat open about the sort of reparation that is required, but provides one clear answer to the key question. Both agree that yes, reparation to some extent is required. But how much and in what form?
Another philosopher who leans more towards Waldron’s views is Kymlicka. He is somewhat more straightforward in his assessment that property rights in particular for Aboriginals would create “massive unfairness” and also he maintains the argument “Aboriginal rights must be grounded in concerns about equality and contemporary disadvantage. (McKenzie, 2013) I agree with both these views but I don’t think they provide any active solutions.

The Solution?
So if its not handing back all of Australia’s land to the original inhabitants that is the most appropriate way to deal with past injustices, then what is?
I look at the current country I grew up in, as a white Australian. I ask myself why I never had Aboriginal friends growing up, no understanding of Aboriginal culture and why my basic understanding of Indigenous Australians is mostly 200 years old. I look at our flag, a symbol of a nation that stole a country from its original inhabitants, with no recognition of the Indigenous people at all on it. I see that Australia considered Indigenous people as less than people until only 40 years ago and I see the way that Indigenous Australians live a completely separate life to the way of life I know as an Australian. I see that the only indigenous politician I am aware of is a former Olympian and it is because of this fact of her sporting status that I know this. I see no collective power or representation of Indigenous Australians and I see non Indigenous Australians,( a culture built on a history of stealing a land and mistreating its people) still taking, taking as much out of this land as they can, with little to no regard of sharing or giving to the original inhabitants. I see a government that says lots of words about ‘closing the gap’ and bringing the living standards of non- indigenous and indigenous Australians closer together, but apart from nice words, there is no conviction, no follow through, just assimilation , and all that still remains are injustices.
As stated by Sparrow, “Continuity gives rise to responsibility on part of present generations of Australians for our history”.(McKenzie,2013). Although deeds happened in the past beyond our control, what we do now to either ignore, or rectify these issues will reflect on us in history. So if we choose to do nothing, we are contributing to the history of the mistreatment of non- indigenous Australians. And this is simply unacceptable in my opinion.

Conclusion
So what is fair? I believe that the way forward is a surrendering of some of our privileges as non- indigenous Australians. The simple fact is it was morally wrong without a doubt what has happened in the past. And it is also morally wrong without a doubt to ignore these facts and not offer some form of reparation in the present. But how much?
I think that going back to Robert Nozick’s argument is a start. I think Nozick is wrong to make the present resemble the past in every aspect. But I do think that it would be reasonable to restore some aspects of the way things should be. The things that happened in the past were out of our control and we can’t go back to changing the way things were. But we could change the way things are.
For some examples. Why not give at least 50% of political power to indigenous people? It surely would be a fair thing to do considering this is their country. Media control. 50 percent. Industry. Realestate. The list goes on. Why do we not acknowledge the indigenous people on our flag, or better still use their flag? Why is Australia still a part of the Commonwealth when it serves little purpose to any of us and serves as a constant reminder to Indigenous Australians that they are still controlled by the original invaders. These to me are fairly simple reparations that would have minimal impact on Australia as a whole. Perhaps, it would alter the way we live but I think it is our responsibility, morally to forfeit some of our privileges for the greater good. Basically a little bit goes a long way.
In closing, it is a fact that a huge injustice occurred to the Indigenous population and suffering continues to this day. There is no easy solution to such a burden of pain. I believe the only solutions are for the non- Indigenous population to take responsibility and sacrifice our own way of life to bring about an overall equality. Sacrifice is not an easy word. But it all comes down to right and wrong. We are in a position to give, in this current generation. What are we so scared to lose, that was never ours in the first place??

Bibliography
McKenzie,C.”Prof” (2013), Lecture, Historic Injustices and Indigenous Rights, Macquarie University
Poole, R. (1999). Nation and Identity.Routledge, London, pp.114-142
Waldron,J. (1992). ‘Superseding Historic Injustice’. Ethics, 103 (1), 4-28

References
Poole, R. (1999). Nation and Identity.Routledge, London, pp.114-142
Waldron,J. (1992). ‘Superseding Historic Injustice’. Ethics, 103 (1), 4-28

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Paul McD Thursday, 2 Jun 2022 at 6:17pm

To be fair, Indo does write some pretty wise stuff sometimes. I'm putting this one straight to the top shelf and heeding it....along with his other 2 stooge mates and the 2 or 3 hanger on's who get 'offended' on here when the conversation hits a little too close to home and their own dubious beliefs and behaviours. . Cheers for the wise words Indo!!
@Indodreaming wrote "If you or others want me to post here less it's probably wise just to ignore me,"

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 7:09pm

Here’s a question for Bluediamond who first established this thread. He stated in his initial essay that he believes 50% of real estate should be repatriated to the descendants of indigenous Australians who were dispossessed of the land.

The same bloke also finds it disgusting that settler Australians attain an unfair advantage in society and perpetuate systemic racism by bequeathing the land they own to their children and grand children. Land which was stolen from indigenous Australians.

His quote :

“Also alot of these older generational Australians in more of the regional areas of Australia have had land and assets passed down from generation to generation. So there's a level of privilege accompanying their belief systems.
And when you follow how that land was acquired in the first place and the punishment that was dished out to the original Indigenous inhabitants that could no longer live off their own land “

Assuming Bluediamond has living grandparents and parents and that they own property, Bluediamond may well stand to inherit this unearned wealth merely as consequence of birthright and being born into inter generational ownership of stolen land.

My question is this : Does Bluediamond intend to return every single piece of stolen real estate to its rightful indigenous owners when he inherits this property on the passing of his parents/ grandparents?

I can’t see how he can avoid refusing ownership of this real estate as would be blood on his hands and he’s obviously way too virtuous to ever live with himself if he profited from this cursed inheritance.

A moral conundrum!

Especially if Bluediamond is not capable enough of a person to secure possession of real estate through his own means.

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Paul McD Thursday, 2 Jun 2022 at 7:07pm

Which part of if you choose to interact with me on here then post with your real name don't you understand blowin?
Until then.....

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 7:16pm

So you’re not handing over the keys to Granny’s / Mum and Dad’s house to the local indigenous when they pass?

That’s stolen land bloke. You can’t accept that surely? You’d be perpetuating white privilege and systemic racism.

The entire premise of this thread is your personal desire to see reparations made to dispossessed indigenous Australians and you specifically mentioned you favour direct return of real estate ownership.

You specified your disgust at the continuing dispossession which our hereditary culture enables.

Surely you would never consider taking possession of this land for yourself?

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Paul McD Thursday, 2 Jun 2022 at 7:18pm
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Paul McD Thursday, 2 Jun 2022 at 7:20pm
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Paul McD Thursday, 2 Jun 2022 at 7:22pm
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Paul McD Thursday, 2 Jun 2022 at 7:37pm

"People who are racist think they have go more support in society than they do. If you don't say anything they'll continue to think that. If you do, they start to reassess," says Prof Yin Paradies from Deakin University, who helped create Everyday Racism, a free mobile phone app that allows you to slip into the shoes of, among other roles, an Aboriginal man.'

Yep. You heard it hear first folks! There's an app that allows you to experience what it's like to step into the boots of a fellow human from a different background. I reckon this might benefit a few on here ;-)
https://play.google.com/store/apps/details?id=org.atn21.everydayracism
Give it a crack! What have you got to lose?

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 7:37pm

It’s pretty obvious what your deal is Bluediamond.

You want to point the finger at others and decry them as racists as you believe this makes you appear virtuous in comparison. You’ve shown that you will stoop to any level to achieve this end including telling blatant and disgraceful lies.

Such as :

West Australians wish they could shoot indigenous people.
White Australians want a society segregated from indigenous Australians.
Most older Australians are extreme racists.

To be honest, it makes my skin crawl to even repeat your hate inciting bullshit but it serves a purpose of reiterating your desperate need to make others look worse so that you look better.

You describe how you managed to get to adulthood and avoid developing any knowledge of indigenous culture. This must have required an incredible lack of curiosity and an impressive depth of ignorance. Now you live in a town which has virtually no indigenous presence.

In fact , apart from trying to appoint blame and shame on others, I can’t see a single shred of evidence that you’re committed to anything but virtue signalling and shrill insults of others.

In other words- All mouth and no trousers.

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velocityjohnno Thursday, 2 Jun 2022 at 7:40pm

I like the implications of that (edit: post above on returning land) DSDS. Imagine, if everywhere in the world, the everyday people had their land (commons) returned to them... Most of us wouldn't be stressed over mortgage rates!

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Paul McD Thursday, 2 Jun 2022 at 7:44pm

Blowin ya mong, put your name to your posts and i'll actually read them. Til then...
And to finish on a happy note for tonights postings...
How's this legend.
https://www.abc.net.au/news/2022-06-02/uncle-herb-patten-entertaining-gu...

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oxrox Thursday, 2 Jun 2022 at 7:48pm
Paul McD wrote:

And when dealing with racists, here's a guide
https://www.creativespirits.info/aboriginalculture/people/how-to-deal-wi...

Ok so i read that. I want to hear your comments on this. One a quote from the above, one a quoted comment from you. First from your article and I've selected just one for reference.
Commenting on First Nations Peoples lateness by saying they've "probably gone walkabout" is quite rightly perceived as casual racism in that article.
Re older West Australians living on the land "The only difference is they're not allowed to shoot indigenous people anymore. I guarantee these types would if they could"
What's going on there?

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 7:52pm

Someone posting under “Paul McD” complaining that other people post anonymously.

You cannot exaggerate the stupidity of some people when you try to describe it.

Paul McDermatitis?

Paul McDonald?

Paul McDrongo?

Here’s a heads up genius - Unless Paul McD is your real name , you too are posting anonymously.

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 8:01pm

Bluediamond’s entire fifty million word soapbox tantrum in two sentences:

“I think everyone else is horribly racist because they won’t return the stolen land to indigenous Australians. Although I would never do so myself “

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soggydog Thursday, 2 Jun 2022 at 8:16pm
DudeSweetDudeSweet wrote:

So you’re not handing over the keys to Granny’s / Mum and Dad’s house to the local indigenous when they pass?

That’s stolen land bloke. You can’t accept that surely? You’d be perpetuating white privilege and systemic racism.

The entire premise of this thread is your personal desire to see reparations made to dispossessed indigenous Australians and you specifically mentioned you favour direct return of real estate ownership.

You specified your disgust at the continuing dispossession which our hereditary culture enables.

Surely you would never consider taking possession of this land for yourself?

Just playing devils advocate here, not trying to start anything. But yeah there is a family who doesn’t get granny’s land handed down to them……..because they where violently dispossessed by colonial settlers.
Just another angle

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Paul McD Thursday, 2 Jun 2022 at 9:03pm

Creepy stalkers at it again.
Paul McDiarmid. Would you like my address and phone number?
Put it on here many times. You stalked it so you should know it.
At least indo admitted to having a stalk. Credit to that!
Why are you so scared to post your name blowin. Are you saying there's actually 2 of you?? The anonymous online troll..and.....
I honestly think you need help. Or at least to own your comments.

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Paul McD Thursday, 2 Jun 2022 at 9:05pm

And i didn't read the other 'big question' you posted because, like i said, no name, no discussion. Very simple. That's what you'll get for stalking me online and saying very hurtful and vilifying things against me on here that aren't true. Your a half man blowin. At best.

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 9:38pm

I don’t stalk you boy. I’ve got zero interest in yourself or anyone like you. I know too much about you already without asking. If you want the entire world to know every detail of your wretched existence then good luck but I don’t want to have a thing to do with you, let alone go looking for more under my own steam. I’d sooner crawl through a blocked sewer pipe.

I’m not sure you even know what stalking means bloke. You post your personal details and name and every other bit of knowledge anyone could know about you online yourself. ….whether people want to know or not . Then you get emotional because they know these things.

You’re like the bloke who goes down the beach wearing nothing but a raincoat, who walks up in front of some innocent strangers , rips open the raincoat and accuses the appalled beachgoers of being perverts who want to stare at his dick.

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 9:22pm

Of course you read the question. You avoid answering because you’ve got no reply.

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Paul McD Thursday, 2 Jun 2022 at 9:35pm

Kill your online name and embrace the real you.
Kill yourself Blowin!! Dudesweetdude. Crocodile cacharadon or whatever that other one was. (not literally of course, definitely don't mean that.... just metaphorically). Name you!! Imagine the freedom. Fly with me Blowie. Freedom.
If you're as top a bloke (and maybe you actually are offline) then why not put your name to yourself? I really don't know what you're afraid of. Consider it liberation and freedom.
Consider me your saviour blowie. Maybe some good can come out of this whole messy online spate we've had over the last 3 years.
And we can get back to the topic. Because until you do, i have no discussions other than this one to have with you.
And i really do want to keep contributing to this thread that i started because it's important to me, without having to deal with this...err....mess.

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DudeSweetDudeSweet Thursday, 2 Jun 2022 at 10:03pm

.

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sypkan Thursday, 2 Jun 2022 at 10:36pm

I'll delete that

I dont want to out anyone

but funny things afoot with you two

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indo-dreaming Friday, 3 Jun 2022 at 8:17am
DudeSweetDudeSweet wrote:

It’s pretty obvious what your deal is Bluediamond.

You want to point the finger at others and decry them as racists as you believe this makes you appear virtuous in comparison. You’ve shown that you will stoop to any level to achieve this end including telling blatant and disgraceful lies.

Such as :

West Australians wish they could shoot indigenous people.
White Australians want a society segregated from indigenous Australians.
Most older Australians are extreme racists.

To be honest, it makes my skin crawl to even repeat your hate inciting bullshit but it serves a purpose of reiterating your desperate need to make others look worse so that you look better.

You describe how you managed to get to adulthood and avoid developing any knowledge of indigenous culture. This must have required an incredible lack of curiosity and an impressive depth of ignorance. Now you live in a town which has virtually no indigenous presence.

In fact , apart from trying to appoint blame and shame on others, I can’t see a single shred of evidence that you’re committed to anything but virtue signalling and shrill insults of others.

In other words- All mouth and no trousers.

It's also clearly aimed at being a cheap shut down tactic.

Obviously BD wouldn't hand over any inherited property to an indigenous trust or similar as 99.9999% of people wouldn't, and I'm sure if he doesn't already he would be happy to own property in Australia.

Talk is basically pretty cheap.

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GuySmiley Friday, 3 Jun 2022 at 8:41am

Keeping it on topic the high court Chief Justice that presided over the Mabo Case died earlier this week.

That case and Wik Case established in law that terra nullius was a lie and allowed land rights claims to be heard by the courts.

Just like the current debate(s) no prises for guessing which side of politics supported/opposed these developments but the nation did move on without the sky falling in.

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AndyM Friday, 3 Jun 2022 at 9:06am

And today is Mabo Day - 30 years since the High Court overturned the legal concept of "terra nullius".

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UserMick Friday, 3 Jun 2022 at 10:36am

Deane, Gaudron and McHugh, JJ. disagreed with Brennan, J. to the extent that His Honour held that native title could be extinguished by a clear legislative intent of the Crown without the need to pay compensation ..........

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indo-dreaming Saturday, 4 Jun 2022 at 1:49pm

Another recent article, and no i dont subscribe to the Australian (not that there would be anything wrong with doing so) cut and pasted from https://www.facebook.com/anthonywodillon/

By Amos Aikman

Women in the bush are trapped in an epidemic of extreme violence brought about by inter¬generational abuse and disadvantage and a culture that protects perpetrators before victims, ¬according to one of the Northern Territory’s most senior judges.

In an exclusive interview with The Weekend Australian, NT ¬Supreme Court judge ¬Judith Kelly said the problems were so severe that in some cases women who had tried to escape had been effectively kidnapped and dragged to tiny outstations to face beatings and rape.

Others had endured years of often drunken, jealous violence inflicted by “hopeless” men, only to be killed in the company of ¬bystanders who did not try to help.

Justice Kelly, one of the Territory’s nine top judicial officers, shared her observations after handling scores of such cases since 2009. Sitting judges rarely give ¬interviews. She broke down during hers. “I just want people to know what’s happening to Aboriginal women,” Justice Kelly said.

“I’m absolutely sure that if ¬people knew, they would care … so if people find out what’s happening, and they do care, maybe something can be done about it.”

She also spoke out after reading The Australian’s three-part ¬series on Ruby, an Indigenous woman who was sexually abused and beaten by her father in the -remote community of Yuendumu and then forced to flee the town after he was jailed.

“When I read that, I was shocked by how shocked I wasn’t,” she said. “Because it’s a horrendous story, but we see that every day.”

Roughly a quarter of the ¬criminal cases before the NT ¬Supreme Court are serious crimes of violence against Aboriginal women. Many more are dealt with by the Local Court.

Aboriginal people represent about one-third of the NT population but the overwhelming ¬majority of its prisoners. “It is genuinely tragic that there are vast numbers of Aboriginal men in prison,” Justice Kelly said. “The mirror image of that is the vast numbers of Aboriginal women in the morgue and in the hospitals. It’s a total epidemic of domestic ¬violence.”

She praised the Black Lives Matter movement’s focus on ¬allegations of excessive use of force by authorities, but questioned whether those ought to be the top priority.

Police have fatally shot two Aboriginal men in the NT since 2000: Kumanjayi Walker in Yuendumu in 2019 and another man in Wadeye in 2002.

“In that same period, 52 Aboriginal women have been the victims of homicide, mostly by their partners,” she said.

“I’m not saying that the two shootings don’t matter. But that level of violence against women, in a non-Aboriginal community in like Sydney or Melbourne, there would be a huge outcry.”

She said claims of racism in the justice system were “very unhelpful” and false. “It’s not racism that’s doing any of these things; it’s the violence of the men against the women,” she said.

“It’s simplistic, and it trivialises real racism, which is quite a poisonous attitude of mind.”

Justice Kelly argued that Aboriginal women were being made to bear the “absolutely dreadful” brunt of society’s failure to fix problems such as unemployment, passive welfare dependency, ¬substance abuse and inter-generational trauma.

Those women were confronted in their communities by culture not just of silence but of actively silencing victims and were usually powerless to help themselves.

“These are not self-destructive women; these are women who can’t escape from a terrible situation,” she said. “These are not people who are complicit in their own victimhood. These people are doing their best to protect themselves, and they can’t.”

Her remarks partly mirror those of then coroner Greg ¬Cavanagh in 2016, who, when handing down his findings into the deaths of two Aboriginal women, called domestic violence “a contagion” that was “literally out of control”.

“The circumstances of these two deaths … reveal the stark ¬reality that the criminal justice system fails to protect women from domestic violence,” he said. “That is to say, policing and punitive sentences do not provide an answer to stopping the violence.”

Kwementyaye Murphy was ¬viciously beaten by her husband in December 2014, while Kwementyaye McCormack bled to death from a stab wound three months later. Both suffered through years of abuse at the hands of their partners but had generally been unwilling to co-operate with police in having their husbands charged.

Justice Kelly said the typical ¬offender who came before her was a man with a long history of ¬assaulting the same woman and who eventually caused her serious harm, triggering an ¬appearance before a higher court.

“You get young men who are essentially hopeless; they are never going to get a job; they don’t have a chance of status; they lack self-esteem,” she said. “They take it out on women, mostly when they’re ‘jealousing’ and drunk. And it goes on and on and on, and there’s that level of tolerance that allows it to continue.”

Last year, she took the unusual step of allowing cameras into her courtroom to film the sentencing of Samuel Edwards, a violent serial offender who bludgeoned and stabbed his partner to death during a drunken house party in Palmerston in 2019.

Five people were present for part or all of the “prolonged, savage and brutal” ¬attack. Neighbours also heard sounds of distress. None of them called the police.

In her interview, Justice Kelly also highlighted the story of Patricia, which The Weekend Australian reports today. Patricia faced years of sometimes “animal like” attacks from her “ugly” and “bad” partner, Gary Andy. On one ¬occasion, he beat her with a food grater while she was holding their baby, leaving the infant drenched in its mother’s blood.

Andy had an 18-page rap sheet before he faced Justice Kelly’s court. He continued threatening Patricia even after being arrested, calling her phone 158 times from jail over 12 weeks until he intimidated her into changing her story.

Justice Kelly said the causes of violence against Aboriginal women could not be remedied with a little extra money or a new program. She said there was also a cultural component.

“The evidence is so clear that it can’t really be denied – of a tendency in some communities to prioritise the interests of male offenders over the interests of female victims,” she said. “There is not just a culture of ¬silence; there is an active silencing or attempt to silence Aboriginal complainants, women who have been the victims of violence from men.”

Traditional Aboriginal culture appeared to have some elements of “men having the right to discipline their wives … and a cultural component of revenge”.

“Revenge used to be a lot more formalised, standing for spearing and the like, but now often consists of a carload of men going to somebody’s camp and beating up anybody they can find there,” Justice Kelly said. “And if they happen to kill somebody during that process, then there’s a blood feud.

Offenders often did not believe they had erred, even after sentencing. Justice Kelly mentioned one who claimed “men can hit wives” and whitefellas had “no right to change that”. She also recounted a remark by a woman who broke her niece’s leg. “She said, ‘I haven’t done anything wrong; I asked her for beer, and she didn’t give it to me, and she’s been cheeky before’,” she said.

Justice Kelly said some men thought they had “ownership of a woman – she has no right to say no, and she has no right to leave when she wants to”.

Crown facts in many domestic and family violence cases say the crime was reported by a nurse or a doctor when the victim sought medical attention. Justice Kelly took that as evidence the Territory’s already appalling official ¬violence rates are underestimated.

NT Chief Minister Natasha Fyles told The Australian this week that the elevation of a f
ederal Labor government and three Indigenous federal NT representatives presented a “historic” opportunity to tackle domestic and family violence. But she did not outline any new strategy besides using needs-based funding to deliver services locally.

Justice Kelly said bringing down violence rates would require tackling the causes of crime, such as disadvantage, which were society’s problems.

“The cultural component of the tolerance for violence and the prioritising of the rights or the interests of men and male offenders over those of women and women victims, that’s not something that can be dealt with by wider society; that has to come from within,” she said.

She did not believe the parole system was failing but did think correctional services, the Director of Public Prosecutions and legal aid agencies were under--resourced.

The NT coroner will next year hold an inquest into the death of R Rubuntja, an anti-domestic-violence campaigner whose violent partner ran her down in the car park of Alice Springs Hospital, dragging her body beneath the car’s undercarriage.

I won't go into my life's story by 3 different men, maybe worse & I'm Not Aboriginal, added with me being forced to watch my Pets being slowly murdered!! I escaped and had to go into Hiding for Decades nearly the whole of my life, jumping at every strange sound! Then one day decades later he found me, and he still loves me and so the saga continues, in hiding Again...... Being a quite person, Never saying a word to antagonise and having a wonderful Father totally opposite to the violent partners so I was Not prepared! Forget calling Police, forget taking out an AVO, it only ends in that person's death!! SOLUTION; ALCOHOL, it's a DEADLY WEAPON!! GET RID OF ALCOHOL!!! It produces a DR JEKYLL & MR HYDE personality!

The total personality change in said person shows what that deadly chemical called alcohol can do to the human brain!! Now a Son is a Dr Jekyll & Mr Hyde through Alcohol, one minute a nice guy then mouthful after mouthful sees this same person turn into an abusive verbal maniac!!

There is No Stopping the violence in Aboriginal communities Until the Alcohol is stopped Completely and then Factories opened up to give those with Nothing to do an incentive in life!!

There's enough Millionaires in this country that could donate to have factories built and they'd still make the money back with their Shares on the Stock Exchange! I have put this to my Aboriginal best friend and she agrees!!

Until Alcohol is totally gone from the community and businesses opened up for folk to work in then all the talk and all the incarcerations will do Absolutely Nothing, this has been going on for decades and it will continue Forever Unless a total change is brought about!! I wish all those involved well.

https://www.theaustralian.com.au/subscribe/news/1/?sourceCode=TAWEB_WRE1...

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seeds Saturday, 4 Jun 2022 at 2:16pm

What is your point Indo?

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indo-dreaming Saturday, 4 Jun 2022 at 3:56pm
seeds wrote:

What is your point Indo?

It wasn't posted to make a point as such, more just it popped up in my FB feed and a new article relevant to the recent discussion

But i guess if it you were looking for points then i guess its interesting that NT ¬Supreme Court judge ¬ Judith Kelly also mentions some cultural elements.

indo-dreaming wrote:

Justice Kelly said the causes of violence against Aboriginal women could not be remedied with a little extra money or a new program.

She said there was also a cultural component.

“The evidence is so clear that it can’t really be denied – of a tendency in some communities to prioritise the interests of male offenders over the interests of female victims,” she said. “There is not just a culture of ¬silence; there is an active silencing or attempt to silence Aboriginal complainants, women who have been the victims of violence from men.”

Traditional Aboriginal culture appeared to have some elements of “men having the right to discipline their wives … and a cultural component of revenge”.

“Revenge used to be a lot more formalised, standing for spearing and the like, but now often consists of a carload of men going to somebody’s camp and beating up anybody they can find there,” Justice Kelly said. “And if they happen to kill somebody during that process, then there’s a blood feud.

Offenders often did not believe they had erred, even after sentencing. Justice Kelly mentioned one who claimed “men can hit wives” and whitefellas had “no right to change that”. She also recounted a remark by a woman who broke her niece’s leg. “She said, ‘I haven’t done anything wrong; I asked her for beer, and she didn’t give it to me, and she’s been cheeky before’,” she said.

Justice Kelly said some men thought they had “ownership of a woman – she has no right to say no, and she has no right to leave when she wants to”.

Crown facts in many domestic and family violence cases say the crime was reported by a nurse or a doctor when the victim sought medical attention. Justice Kelly took that as evidence the Territory’s already appalling official ¬violence rates are underestimated.

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seeds Saturday, 4 Jun 2022 at 8:49pm

We know the problems. This is just bias confirmation that this is culture based for you. I would argue that when the judge says culture she means the culture that has developed in these communities because of all the reasons your detractors are raising. I would argue she doesn’t mean this has been aboriginal culture for 40000 years or more

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UserMick Sunday, 5 Jun 2022 at 9:35am

Not McHugh J
Toohey J
Sorry

sypkan's picture
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sypkan Sunday, 5 Jun 2022 at 12:48pm
seeds wrote:

We know the problems. This is just bias confirmation that this is culture based for you. I would argue that when the judge says culture she means the culture that has developed in these communities because of all the reasons your detractors are raising. I would argue she doesn’t mean this has been aboriginal culture for 40000 years or more

absolutely it is not a culture for 40000 years or more

but it totally is a culture that has developed through an ancient patriachal culture combined with contemporary whiteman's poisons...

I think where people get frustrated is, because the run of the mill advocates that call everything is as a result of 'racism'... are also the very same advocates extremely critical of the 'old white men' that run the world, and their preserving of power through their so called 'patriachy' etc.

...yet when the very obvious ill effects of a patriachal culture are causing extrene harm, these very same advocates are silent (or silenced) through an ideology that believes it is all a result of 'racism'...

'the narrative' just doesn't stack up in the modern context

it is well reported that 'culture' is used as a silencing tool as pointed out by the judge, and has been known as such for quite some time

that passage from the australian was truly difficult to get through, but as the judge shows, one can have compassion, believe racism and inequality are contributing factors, and also believe, that what we have been doing for the last few decades has fed and exacerbated these problems rather than address them

time for a change... thankfully there has been a recent change in narrative coming from within ...to try and silence these voices - as seems to be the reflexive reaction from some - is just to continue to feed the beast...

you know what einstien said about doing the same thing?

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AlfredWallace Sunday, 5 Jun 2022 at 3:30pm

Indo you fail to identify that all the problems that you keep eluding to in Aboriginal communities are no different to those same problems that exist in non-aboriginal communities like yours and mine. For the life of me WHAT IS YOUR POINT with all this rabbiting on. Again i look deep into it all your scribes and its clearly evident you have a HUGE problem with aboriginal people. Do you just keep writing in the desperate hope that someone will eventually agree with you ? Give if it away mate, its extremely boring and tiresome. Have you had a personal experience with Aboriginal people thats scarred you for life or are you not telling us something, you appear extremely intimidated by them, otherwise you wouldn’t keep writing this crap.
Hope you and your Indonesian wife and children are happy. What colour are your offspring ?

indo-dreaming's picture
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indo-dreaming Monday, 6 Jun 2022 at 7:46am

@ Seeds

She clearly uses the words "Traditional Aboriginal culture" and outlines traditional aspect of culture.

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indo-dreaming Monday, 6 Jun 2022 at 8:06am
AlfredWallace wrote:

Indo you fail to identify that all the problems that you keep eluding to in Aboriginal communities are no different to those same problems that exist in non-aboriginal communities like yours and mine. For the life of me WHAT IS YOUR POINT with all this rabbiting on. Again i look deep into it all your scribes and its clearly evident you have a HUGE problem with aboriginal people. Do you just keep writing in the desperate hope that someone will eventually agree with you ? Give if it away mate, its extremely boring and tiresome. Have you had a personal experience with Aboriginal people thats scarred you for life or are you not telling us something, you appear extremely intimidated by them, otherwise you wouldn’t keep writing this crap.
Hope you and your Indonesian wife and children are happy. What colour are your offspring ?

Dude I shared an article relevant to the latest conversation, a conversation that you seemed to have missed because, yes while these issues are found in all communities worldwide including general Australian community they are found at very different rates for example

"Indigenous women have a 34 to 95 times higher chance of hospitalisation and 9 to 17 times higher homicide rate than non indigenous women."

If you're not interested in the conversation or my comments then fine ignore them and comment on other aspects that interest you.

Or how about commenting on the article i posted? instead of your personal attacks and misguided personal judgement, as I've said before i have no issues at all with indigenous people my best mate has an indigenous background, ive posted articles from Aboriginal people here that i have deep respect for.

But yeah I'm interested in the elephant in the room and why people ignore the elephant in the room, and I'm happy to point at the elephant in the room and say there it is.

And it's not an elephant that i can just see there has even been books written on the subject with all kinds of evidence for high levels of pre colonisation violence, and these are by people who have lived and worked in indigenous communities.

"Liberating Aboriginal People from Violence Paperback by
Stephanie Jarrett"

or

"Bad Dreaming: Aboriginal Men's Violence Against Women And Children
by Louis Nowra"

Even Peter Sutton one of the most respected anthropologist has talked about high levels of violence before colonisation

And there has been many articles and even studies relevant to the topic, but yeah it is becoming more and more of a taboo topic as these days we paint indigenous culture as something magical and pure and better than other cultures which is nonsense, no culture is magical and pure all have positive aspects and negative aspects and none are better than others, just different.

Anyway these two article's point out many relevant aspects to the conversation.

https://quadrant.org.au/opinion/bennelong-papers/2013/05/a-blacked-out-p...

https://quadrant.org.au/opinion/bennelong-papers/2013/05/the-long-bloody...

Maybe the most interesting being physical evidence in bones

"Violence levels are evidenced for thousands of years into pre-history.

Paleopathologist Stephen Webb in 1995 published his analysis of 4500 individuals’ bones from mainland Australia going back 50,000 years. (Priceless bone collections at the time were being officially handed over to Aboriginal communities for re-burial, which stopped follow-up studies).[15] Webb found highly disproportionate rates of injuries and fractures to women’s skulls, with the injuries suggesting deliberate attack and often attacks from behind, perhaps in domestic squabbles. In the tropics, for example, female head-injury frequency was about 20-33%, versus 6.5-26% for males.

The most extreme results were on the south coast, from Swanport and Adelaide, with female cranial trauma rates as high as 40-44% — two to four times the rate of male cranial trauma. In desert and south coast areas, 5-6% of female skulls had three separate head injuries, and 11-12% had two injuries.

Web could not rule out women-on-women attacks but thought them less probable. The high rate of injuries to female heads was the reverse of results from studies of other peoples.[16] His findings, according to anthropologist Peter Sutton, confirm that serious armed assaults were common in Australia over thousands of years prior to conquest. [17]"

Anyway again if you dont want to engage in this aspect of the conversation then fine, move along or talk about aspects that you dont find so confronting, but im not really interested in comments that judge me personally and paint me in a negative light because you dont agree with things i post, basically if you are going to play, play the ball and not the man.

BTW. It's irrelevant what colour my kids skin colour is, this isn't about skin colour, but the fact you think it is show where your head is at.

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AlfredWallace Monday, 6 Jun 2022 at 10:18am

Indo. I’m going to play both pal. In particular you, for your ill informed tripe you keep writing about Australia’s first people. You failed to answer my previous question What is your point ? If you cant answer the question it clearly highlights your complete lack of intelligence and that your entire motive is to call out statistics to undermine Aboriginal people whom you obviously have a problem with. If you didn’t have a problem with them, you wouldn’t write this shit. You are painting a great picture of yourself as a ‘tool’ and a ‘fool’. If you are so correct on everything as evident in all other posts across all other topics on Swellnet , who the hell is your target audience for all this crap ? People don’t spend hours, days, weeks a year, compiling all this information without some kind of motive. You’ve obviously got underlying personal issues.

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indo-dreaming Monday, 6 Jun 2022 at 12:17pm

Whatever, it's a public forum where discussion's on all kinds of things happens, you're entitled to your opinion and i and others are entitled to our's, if you have an issue with people having views that differ from yours, well that's your problem.

adam12's picture
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adam12 Monday, 6 Jun 2022 at 12:42pm

" discussion's"
from his resurch
he's a expert

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GuySmiley Monday, 6 Jun 2022 at 5:02pm

Those arguing mobs should leave their country forget the written commonwealth law dealing with land rights steaming from Mabo where continual use or occupation of country MUST be proven. Once forced off their land by colonialists or pastoralists and only “allowed” back after the ‘67 referendum mobs aren’t going anywhere. Leave country and mobs give a nod to the terra nullius lie.

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soggydog Monday, 6 Jun 2022 at 6:16pm
GuySmiley wrote:

Those arguing mobs should leave their country forget the written commonwealth law dealing with land rights steaming from Mabo where continual use or occupation of country MUST be proven. Once forced off their land by colonialists or pastoralists and only “allowed” back after the ‘67 referendum mobs aren’t going anywhere. Leave country and mobs give a nod to the terra nullius lie.

I’m not going to get into it with Indo as he just re-affirms that things like the Uluru statement of the heart are probably more for racist shit cunts like himself than they are for aboriginal people.
I’ve worked on land access for BHP with archeologists and Traditional owner groups through the Pilbara, and even after that experience I would never make broad sweeping statements about understanding like some others on here because they lived indigenous adjacent for a time in the Pilbara.
Discussing this thread with my wife the other night, who works on a mine site in the Pilbara and has done for a number of years she mentioned that she had recently had a discussion with one of the aboriginal tradies on sight about how he felt about aboriginal affairs. He said that he had one main issue, and that was that he, as an aboriginal man wished most Australians ( and thier racist Indonesian wife’s) would acknowledge that it never was Terra Nullius, they where here first and they where forcibly subjugated by an invading force.
Another nice thing would probably be not having scummy racist shit cunts like Indo racing around public forums engaging in a bit of recreational vilification for kicks and the odd little endorphin hit. Maybe take up jogging instead.

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AlfredWallace Monday, 6 Jun 2022 at 6:45pm

Soggydog. Finally someone with accuracy and clarity and no personal agenda. What a breath of fresh air. Now we are getting somewhere.
Very sound paragraph mate, well done.

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sypkan Monday, 6 Jun 2022 at 7:44pm

"...He said that he had one main issue, and that was that he, as an aboriginal man wished most Australians ( and thier racist Indonesian wife’s) would acknowledge that it never was Terra Nullius, they where here first and they where forcibly subjugated by an invading force...."

with respect...

but Im pretty sure racist shit cunt indo wouldn't argue anything different...

I literally don't know of anyone at all that possibly would

this 'narrative' really needs to move on from 1990's ideas...

seriously

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sypkan Monday, 6 Jun 2022 at 7:50pm

1970's arguments actually...

60's?

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soggydog Monday, 6 Jun 2022 at 8:14pm

Well considering the gentleman in question was aboriginal and the year is 2022, maybe it’s just as relevant now as it was in the 60’s. “But hey whitey, tell us how it really is.”

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GuySmiley Monday, 6 Jun 2022 at 8:19pm
sypkan wrote:

1970's arguments actually...

60's?

Whoop whoop so what decade or century does @info’s theorising sit Shep?

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indo-dreaming Monday, 6 Jun 2022 at 8:46pm
GuySmiley wrote:
sypkan wrote:

1970's arguments actually...

60's?

Whoop whoop so what decade or century does @info’s theorising sit Shep?

Firstly it's not my theorising i just agree with others, but the articles, books and thoughts from others don't date back further than 15 years most much more recent.

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sypkan Monday, 6 Jun 2022 at 9:33pm

no doubt it is relevant... but just because someone belives that's the beast they're fighting doesn't make it so...

ffs, look at the majority of posters on here, they're all flogging the same dead horse....iit's understandable, if that is what is getting all the attentiom, as I said the other day, abc keeps rattling on about the same old shit, like as if the majority of australians are unaware of our dark past

it's common knowledge, everyone knows the blackfellas got fucked over, everyone knows they were taken off their lands and made dependent on the state, everyone knows of the stolen generation

the interpretation of these events may differ, there may be huge ignorance re. the ins and outs of cattle theft and stuff bluediamond was on about the other day etc. ..but MOST australians are well aware of it, and can guess the to and fro's that developed as a result of it...

yeh, the massacres are under reported, yeh the nitty gritty horsemen and their twisted 'games' they played may be totally unknown... but MOST australians accept this twisted shit no doubt happened...

the questions are what to do about it?

ffs again, I doubt even tony abbott would argue terra nullias wasn't a gross (convenient) misconception. clearly the land wasn't empty, he may play with semantics so he doesn't back himself in a corner... but anyone who argues, in this day and age, that australia was empty and wasn't taken over by some pretty extreme means would be regarded as a fruit loop

once again, the debate is what to do about it?

'terra nullias' has been desperately grasped (and never let go) by a certain cohort as a means to get what they see as 'right' in going forward by some pretty complicated legal arguments

I don't necessarily disagree with them, but I do believe it has become a bit of a pipedream, and has failed to move with the political zietghiest, and has (possibly needs) to overlook everything else to get their ultimate outcome...

I would argue this approach has kind of left much of the indigenous population ill equipped for the modern world, as globalisation and mass migration has fundamentally change the face and make up of australia, as basically the whole world adopted an open border elitist outlook to develop and facilitate each countries' modern trajectories and 'needs', in an ever more competitive dog eat dog model - neoliberalism basically...

the 'elite' indigenous population have done ok out of all this, as have much of the non indigenous population... but those left behind, have now been left way way behind, with all the social problems that comes with that...

throw in other 'developments' like meth. etc., and various other things that plague the whole the world... and the outcomes for lower income societies has been disastrous

this thinking has not been totally wayward or negative, australia has done a remarkable job in preserving and restoring indigenous culture - coming off a disastrous low, wayward colonisation base - but it has kind of left large parts of the indigenous population without the basic means to compete in an ever more competitive globalised world... as highly educated migrants etc. move in taking up various opportunites, pushing other (native - black, white, and brown) populations further and further behind...

like the other 'problems' pointed to above, they are not unique to indigenous people... but they are harder hitting, due to the 'racism' of australia's past...

just my thoughts on the issue... and from what I can gather, many aboriginal people have tempered their expectations re. taking their country back, from what was 80's, 90's model of what seemed an 'inevitability'...

there's still your hard nuts that will never concede what was 'never conceded' ... good on em ...all power to them!

but it would appear this thinking, and the work of various advocates holding on to this model, will overlook all sorts of nastiness that has developed, as 'wicked problems' have only gotten worse, far far worse over the last three decades or so...

and now, is at the point, where change, or some new reaction is desperately required...

look at those disturbing stats. ...you think aboriginal women and children can endure another decade or two of an out of control spiral whilst we wait for some ultimate goal that may never come to fruition?

they shouldn't need to endure another week!

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soggydog Monday, 6 Jun 2022 at 9:41pm

I agree with everything in your post Sypkan. Especially the last couple of sentences.
The only reason I rail so hard against Indo is because I don’t think that sort of ignorant vilification helps aboriginal people or Australians as a whole.

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GuySmiley Monday, 6 Jun 2022 at 9:43pm

hey Shep, here’s something novel something new why not ask, listen and actually do what our indigenous nations ask. After 200 years deciding what’s best for Aboriginals that starling new approach might just work!