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The bottom line of arguments like this is that First Nations do not have political & cultural rights. Rather to recognise any Indigenous right is “racist” & “divisive”. It’s fundamentally a racist argument itself #UluruStatement #auspol 1/13
There’s much wrong with this - similar to the persistent schtick of the IPA & others that conflate “special rights” & race based recognition with the recognition & enforcement of Indigenous political & cultural rights #UluruStatement #auspol 2/13
According to this, any recognition is “racist”. This position is unable to understand Indigenous ppls other than as a “race”. They’re stuck in the same exclusionary logic our constitution was written in & that Indigenous rights were denied by - racism #UluruStatement #auspol 3/13
You see it here. The apparent conjuring of native title & “belonger” out of no where from the common law. These didn’t come from “no where” & are a more faithful application of the law that does recognise Indigenous rights - both then & now #UluruStatement #auspol 4/13
How do they justify the dispossession? Others (NZ, CAN, US & more) were lucky their position as Indigenous ppls & rights holders was cemented early, effectively by executive power, (not withstanding Indigenous agency & real issues on ground) #UluruStatement #auspol 5/13
The short answer is they see no problem. They believe what happened - while regrettable - was legitimate. It wasn’t. Not by any standard then or now. Strictly legally speaking, Indigenous ppl had rights then (1770/1788) & now that aren’t race based #UluruStatement #auspol 6/13
These rights around the world were recognised & cemented in the constitutional foundations of the nations themselves (not withstanding serious ongoing issues). Here in Australia - nothing! Belated & limited common law recognition 7/13 #UluruStatement #auspol
And those that say “oh but the Aboriginals were not like the Maori” etc are racist too. This is not correct & blames First Nations again for the failing of colonial Australia & Australian’s failings #UluruStatement #auspol 8/13
There is much, much more in this. One issue being where the author admits to not being a constitutional lawyer but then argues about cementing UNDRIP by stealth - that’s not how the law works nor how you give affect to intl law (various kinds) #UluruStatement #auspol 9/13
this - the const is not simply a power sharing document. It’s political. It is more than a “contract” - constitutions are not so transactional. This limited argument imbues it symbolically itself. @Dylan_Lino recently wrote on this for the FLR #UluruStatement #auspol 10/13
Even then, there is the complete denial of any political right or power of First Nations - again an argument based in the same race based & exclusionary logic that has denied us before #UluruStatement #auspol 11/13
So here we are, dredging through history & contemp practice of denial & exclusion embedded in our institutions to have a popular vote (high, double majority) on our basic rights as First Nations while still denied by arguments like this #UluruStatement #auspol 12/13
And finally - the Profs Davis & Langton are not “activists” - they’re renowned, world leading experts in their own fields. Articles like this waffle a lot but effectively always start with “I’m not a racist, but...” #uluruStatement #auspol 13/13
The article for the super keen: https://www.spectator.com.au/2021/02/putting-the-voice-in-the-constitution-a-dangerous-move/
