"Kinship" skirts the whole issue. All it does is acknowledge that there is a family
relationship between
Aborigines and the land - the land is the relative.
"Custodianship" has overtones of ownership, and ownership brings with it questions of
wrongful dispossession
and compensation, which the PM wants to avoid. One can be made the custodian of an
old and senile mother,
but it is not in that sense that the word was proposed.
Howard might argue that "kinship" is better because Aborigines think of themselves as
being "owned" (my word
and I stand open to correction) by the land. That might be right, but in the
preamble we are setting the
scene for a document which outlines legal rights and responsibilities. It is not a
partial dissertation on
Aboriginal beliefs, but a European legal document, so while it may be appropriate to
make mention of
aboriginal beliefs, it is inappropriate to use them as a means of side-stepping the
question of what the
dispossessed are due under European law.
I think anything less than "ownership" is a legal travesty, and a denial of the High
Court's overturning of
the doctrine of "Terra Nullius" - land owned by no-one. What is "title" if it does
not confer "ownership"?
Graham Y
tim dunlop wrote:
> Here's the latest attempt by John and Meg Howard - seems better, but haven't
> had time to think about it yet. Using 'kinship' instead of custodianship or
> stewardship seems to be the main change. Kinship?
>
> Tim
>
> From: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
> Date: Wednesday, August 11, 1999 2:35 AM
> Subject: Prime Minister's Media Centre - PROPOSED PREAMBLE
>
> >
> >
> >PROPOSED PREAMBLE
> >
> >
> >With hope in God, the Commonwealth of Australia is constituted as a
> >democracy with a federal system of Government to serve the common good.
> >
> >We the Australian people commit ourselves to this Constitution
> >
> >proud that our national unity has been forged by Australians from many
> >ancestries;
> >
> >never forgetting the sacrifices of all who defended our country and our
> >liberty in time of war;
> >
> >upholding freedom, tolerance, individual dignity and the rule of law;
> >
> >honouring Aborigines and Torres Strait Islanders, the nation�s first
> people,
> >for their deep kinship with their lands and for their ancient and
> continuing
> >cultures which enrich the life of our country;
> >
> >recognising the nation-building contribution of generations of immigrants;
> >
> >mindful of our responsibility to protect our unique natural environment;
> >
> >supportive of achievement as well as equality of opportunity for all;
> >
> >and valuing independence as dearly as the national spirit which binds us
> >together in both adversity and success.
> >
> >
> >
>
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--
Graham Young
Phone:
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61 7 3252 1471 F
0411 104 801 M
Home Page:
http://www.onlineopinion.com.au
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