Terra Nullius Then and Now: Mabo, Native Title, and Reconciliation in 2000

2000 ◽  
Vol 35 (2) ◽  
pp. 167-172 ◽  
Author(s):  
Christabel Chamarette
Keyword(s):  
2016 ◽  
Vol 23 (1) ◽  
pp. 84-94
Author(s):  
Stephanie Green

AbstractThis article discusses the evocation of the Gothic as a narrative interrogation of the intersections between place, identity and power in Andrew McGahan's The White Earth (2004). The novel deploys common techniques of Gothic literary fiction to create a sense of disassociation from the grip of a European colonial sensibility. It achieves this in various ways, including by representing its central architectural figure of colonial dominance, Kuran House, as an emblem of aristocratic pastoral decline, then by invoking intimations of an ancient supernatural presence which intercedes in the linear descent of colonial possession and, ultimately, by providing a rational explanation for the novel's events. The White Earth further demonstrates the inherently adaptive qualities of Gothic narrative technique as a means of confronting the limits to white belonging in post-colonial Australia by referencing a key historical moment, the 1992 Mabo judgment, which rejected the concept of terra nullius and recognised native title under Australian common law. At once discursive and performative, the sustained way in which the work employs the tropic power of Gothic anxiety serves to reveal the uncertain terms in which its characters negotiate what it means to be Australian, more than 200 years after colonial invasion.


2021 ◽  
Vol 4 (2) ◽  
pp. 275-289
Author(s):  
John D’Arcy May

Abstract The encounter of Aboriginal Australians with European settlers led to appalling injustices, in which Christian churches were in part complicit. At the root of these injustices was the failure to comprehend the Aborigines’ relationship to the land. In their mythic vision, known as The Dreaming, land is suffused with religious meaning and therefore sacred. It took two hundred years for this to be acknowledged in British-Australian law (Mabo judgement, 1992). This abrogated the doctrine of terra nullius (the land belongs to no-one) and recognized native title to land, based on continuous occupation and ritual use. But land disputes continue, and at a deeper level, there is little appreciation of the Indigenous spirituality of the land and the significance it could have for reconciliation with First Nations and the ecological crisis. Aboriginal theologies can help Christians to appreciate the riches of this spirituality and work towards justice.


Pólemos ◽  
2016 ◽  
Vol 10 (1) ◽  
pp. 197-224
Author(s):  
Heinz Antor

Abstract In his novel The White Earth, Andrew McGahan engages with an important chapter in the history of his country, namely the period of the famous Mabo case of 1992, which overturned the doctrine of terra nullius, and the subsequent Native Title Act of 1993. This novel of initiation with gothic features draws attention to both the woeful history of the dispossession, maltreatment and partial elimination of Australian Aborigines and to the issue of how white Australians cope with this past as well as the guilt, anxieties, and loss of orientation this may create. The novel thus turns into a critical engagement with the legal history of race relations in Australia and probes possible paths for future change.


Legalities ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 68-90
Author(s):  
Greta Bird ◽  
Jo Bird

The Ngaliwurru and Nungali Peoples of the Country known in white law as Timber Creek commenced three proceedings under the Native Title Act 1993 (Cth) (NTA) in 1999 and 2000. The final judgment in the High Court was hailed as progressive. It was the first time that the Court had awarded damages inter alia for cultural loss under the NTA. The article contends that the compensation awarded was inadequate, being based on white, neo-liberal notions of property that do not acknowledge Aboriginal sovereignty, the depth of connection to country and loss suffered. The case also denied that a fiduciary obligation existed on behalf of the Crown, a possibility that was raised in Mabo and other cases but allowed to atrophy. Given this, it is argued that the judgment is a continuation of the colonial project based on the ‘ terra nullius’ doctrine and can be critiqued from the perspective of the white cultural privilege embedded throughout. The judgment does not disturb the skeleton of white Australia's claims to sovereignty: the taking of the land without consent, the failure to recognise First Nations sovereignty, the neglect to enter into treaties or to provide compensation in any meaningful sense.


2015 ◽  
Vol 51 (1) ◽  
pp. 169
Author(s):  
Aitor Esteban

Summary: From terra nullius to Native Title. Scheduled tribes. Reserved participation. Final agreements. Legislation without consent. Rights only exist on paper. Corporations or nations? Cultural issues. Indigenous peoples versus ethnic minorities. The end of marginalisation?.


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