Foolish ‘alien’ ruling turns indigenous gap into a chasm

Today in The Australian

Whatever its intentions, the High Court’s decision in Love and Thoms does indigenous Australians no favours.

About Henry Ergas

Henry Ergas AO is a columnist for The Australian. From 2009 to 2015 he was Senior Economic Adviser to Deloitte Australia and from 2009 to 2017 was Professor of Infrastructure Economics at the University of Wollongong’s SMART Infrastructure Facility. He joined SMART and Deloitte after working as a consultant economist at NECG, CRA International and Concept Economics. Prior to that, he was an economist at the OECD in Paris from the late 1970s until the early 1990s. At the OECD, he headed the Secretary-General’s Task Force on Structural Adjustment (1984-1987), which concentrated on improving the efficiency of government policies in a wide range of areas, and was subsequently Counsellor for Structural Policy in the Economics Department. He has taught at a range of universities, undertaken a number of government inquiries and served as a Lay Member of the New Zealand High Court. In 2016, he was made an Officer in the Order of Australia.
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14 Responses to Foolish ‘alien’ ruling turns indigenous gap into a chasm

  1. wal1957

    A one line intro pointing to an article at a site that has a paywall…

  2. Mother Lode

    The mystical connection myth has:

    Created a very pallid and very very dubious diaspora clustered in the cities where they lazily dip their hands into a gilded trough just for them.

    Helped a criminals to evade justice as it would apply to anyone else.

    Left real Aborigines to a degraded frustrated existence like a lion in a barren cage of concrete behind iron bars, but conveniently out of sight of the cities, where they are born, squabble and die in the dirt. All those lives wasted.

    And the authors of this live in the cities, give each other awards, dine in faddish restaurants, air kiss at soirees, take trips to venerable Europe or quirky little countries, give their children silly names, and fret about their investment properties.

    Vermin.

  3. a happy little debunker

    indigenous
    /ɪnˈdɪdʒɪnəs/
    adjective
    adjective: indigenous
    originating or occurring naturally in a particular place; native

    Being conceived and born in a foriegn country means you cannot possibly be an Indigenous Australian.

  4. Leo G

    Researchers claim that the genetic diversity of Australian aborigine peoples is the result of multiple waves of migration from abroad, including from the Indian subcontinent.
    It’s conceivable there were also migrations in the opposite direction from Australia to India. There are Indian indigeous peoples with DNA that links them to Australian aborigines.
    How might the High Court decision apply to those Indian people?

  5. Roger

    Indian indigeous peoples with DNA that links them to Australian aborigines.
    How might the High Court decision apply to those Indian people?

    There are three elements to Australian indigenous identity in law:

    Self-identification.

    Community recognition.

    Biological descent.

    DNA links notwithstanding, Indians would not qualify. They also have no mystical connection to the Australian land, which also (ridiculously) played a large part in the majority judgment.

  6. Thefrollickingmole

    Read the piece in the Australian.
    Not bad, but it all comes from having Aboriginals as some quasi religious fetish, a magic pixie people taking the space of the American “ magic negro” movie trope.

    It’s dehumanizing bullshit.

  7. Rockdoctor

    OK serious question to legally minded types. Most legal professionals that disagree with this that I have read say the Judges have crossed their boundary of the separation of powers. So why has the Liberals not used party numbers & made these said 4 judges front Parliament to explain themselves. We saw State judges throw a tantie when some Federal members criticised lenient sentences in Vic. Seperation of powers seems to be bandied about when legal types want to shut debate. Why can’t the legislative & executive arm use the same grounds in reverse?

    At bare minimum a line in the sand needs to be drawn against this behaviour…

  8. ArthurB

    It seems that the learned judges, and the savants of the ALPBC, believe that even a tiny fraction of Aboriginal ancestry bestows on you a profound attachment to Aboriginal culture and connection to ‘country’, with the corollary that white Australians, even those whose ancestors have lived in this country for eight generations (or more) cannot share, or understand, this attachment.

    If someone is a sixteenth (or less) Aboriginal, it means that in each of five (or more) generations the Aboriginal ancestors have chosen to procreate with non-Aborigines, which to me indicates that they didn’t have any great attachment to Aboriginal culture.

  9. Rockdoctor:

    Most legal professionals that disagree with this that I have read say the Judges have crossed their boundary of the separation of powers. So why has the Liberals not used party numbers & made these said 4 judges front Parliament to explain themselves.

    Because their wives will give them hell when the invitations to the ‘right’dinner parties dry up.
    Now I say that in jest, but with my fingers crossed.

  10. Roger

    Most legal professionals that disagree with this that I have read say the Judges have crossed their boundary of the separation of powers. So why has the Liberals not used party numbers & made these said 4 judges front Parliament to explain themselves.

    That would itself be a violation of the separation of powers.

    What the government needs to do is introduce legislation to override the judgment.

  11. Overburdened

    In the real world ie the nevernever where I am putting bandaids on gaping wounds, the locals could not find their own arses with two hands, a bright light and a mirror. They live brutish lives of self neglect and casual violence fuelled by piss and local substances, and a lack of any of the values that the gubbas try to instil.

    There is no Aboriginal Nation. The people here are as different to the people even a few hundred miles away as the Melanesian islanders are from each other. Different languages and customs.

    What they have in common is a lack of sophistication of reasoning and emotional regulation and a rejection of other indigs who are not of their mob which ranges from bullying and shading through to physical violence and murder.

    It has been my experience for some time that there is little hope.

    Let any of the conveniently indigenous idiots of any stripe come out here and have a crack at the life.

  12. Herodotus

    It was already a fake concern that would never be fixed without cultural change. The High Court has ultimately done nobody who deserves it a favour with this ruling.

  13. cohenite

    The obscenity is the current mob are not the first; they are at best third; and they decimated the previous 2 groups, the Negritos and Murrayians. They also exterminated the mega-fauna, the first and only extinction event on the Australian continent caused by humans.

    Looked at objectively the 55th nations should be slinking around in shame.

  14. _professor Fred Lenin

    Declare Australia an invaded country , with aboriginals of all colours and racial ancestry conquered by the British . This should negate native title and all laws pertaining to aboriginals ,they can then be absorbed into the population as citizens with the same rights and obligations as all other citizens .
    Liberate aboriginals from socialist opression and save money .

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