On native title, saying sorry, and reconciliation.
Posted by Paul Frijters on Monday, June 4, 2007
(another one of the Lost Files following the Great Server Crash)
“Exempting any group of people from criticism is not a blessing but a curse. — Thomas Sowell ”
It was reconciliation week once more last week, a good opportunity to debate some of the more thorny issues surrounding indigenous affairs. I apologise in advance for confusing you, because at the end of my mental journey I find myself in favour of native title rights, but leaning against reconciliation week.
The trickiest issue concerns native title rights. This issue is tricky in any country and the perennial question is how far back historical rights reach. Should the English figure out which Kelts were disowned by the invading Angels 1400 years ago? Should the South Africans figure out which Bushmen were disowned by the invading Bantus 500 years ago? Should the Arabs figure out which Berbers they disowned in North Africa in the Middle Ages? The practical answer to these questions is ‘no’ since the period is so long that it by now has become impossible to trace initial ownership and it would only lead to a war to rake up all these old rivalries.
Yet, land ownership does extend through the generations. Sons and daughters inherit from their fathers and if their fathers stole it from someone else, then in Western legal tradition, the surviving kin of the dispossessed do have the right to legal redress. This principle is not extended back into perpetuity, but within the laws we have adopted for ourselves, intergenerational rights do exist. Since we’re all supposed to be equal under the law, the principle applies equally to indigenous land rights.
(Continued)



