Has science explained anything relevant to existence? (3)

I have not been able to accept the Big Bang Theory of cosmology. My problem?

• Can something come out of nothing? Is the mathematical concept of singularity, which denies us the right to ask if there was anything existing before the bang of creation, an explanation, or just a naming, or the door closed on thought?
• Where did the massive amount of energy needed for the claimed expansion come from?
• Did space exist before the Bang? It must have, in order to expand. But then, how could the ‘nothingness’ of space expand?
• Is the Hubble Telescope capable of peering into infinite space?
• What if light weakens (in layman terms) with infinite distance?
• Then there are quaint terms such as ‘space-time’ and space being ‘bent’ by an unexplained gravity? Are these mathematical concepts with no relation to material reality?
• I have recently read that galaxies are not rushing anywhere.
• Are we, as some clever person said, vivisecting the nightingale to trace its song?
Recent reading brought out the following (from Geoff Haselhurst):

• “A Doppler effect is for motion of matter in space, not for the expansion of space itself.”
• “… assumes that light is a wave, yet in other areas of physics light is claimed to be a ‘photon particle’ …”
• “The Cosmic Microwave Background Radiation (CMBR) is sensibly explained as due to radiation from cold matter in interstellar space.”
• In 1957, a “theory accounted for the growing evidence that the … composition (of elements) varies from star to star, something that would not be possible if the elements were produced by the Big Bang.”
• “Superclusters and Voids are older than the Big Bang Universe.”
• “The Universe is ordered, thus infinite.” (That is, there is no evidence of entropy.)
• “Inflation is an ad hoc solution to a theory that contradicts observation.”
• “Distant galaxies in the Hubble Deep Field are not ‘primitive’ and move as if surrounded by matter.”
• “The Big Bang satisfies the religious Creation Myth.”
• “Matter is formed from waves in space … space being infinite and eternal …”
I have reached the tentative conclusion that there has to be a Creator of all that exists (including generations of evolved ‘stuff’), because of the observed (and intuited) incredibly complexity, the close inter-relationships (or connections), and their beauty. But I could be wrong.

Back to the drawing board? How then how take into account the ephemeral realm of existence as well?

Racism and tribalism (3)

Is there such a people as a white race? Where does the Hispanic of Central and South America fit in? How pompously patronising were some English writers in the not-so-distant past who referred to the descendants of some former nabobs of India as having a ‘touch of tar’; or some poor fellow-countryman’s family as having had a ‘nigger in the woodpile.’ The nabobs were English buccaneers who, having taken control of parts of India, had then adopted the lifestyles of the Indian rulers they had deposed, including the taking of ‘native’ wives. Many of the children they produced were then educated in Britain, with some subsequently entering Parliament.
Then there was Winston Churchill who reportedly described Mahatma Gandhi as ‘that nigger.’ In Australia, way back in the late 1940s, a young fellow-student of mine of Irish descent also described Gandhi as a nigger (‘He should have been shot’ he said), in a voice redolent of the catarrh-ridden accent of some English teacher in one of the grammar schools of Australia. It was a time when the ‘micks’ (as the non-Irish referred to the Irish Australians) overtly sought to enter high society, which was dominated by the Protestants, especially the Freemasons.
A slight digression would be relevant here. We Asians, especially our elders, were not impressed with white people; not only because of our colonial experience, but also because their skin colour was seen as not attractive! After all, 85% of mankind is coloured; and some mixture of colours in any one location is commonplace. The white people were thus an anomaly. Worse still, in the tropics, the ‘Europeans’ were described as ‘smelly.’ Apparently, their sweat gave out an odour, attributed to their diet of beef. It was just as well too that we, the younger generation with little to no direct contact with the British coloniser, were taught not to be anti-British or anti-European, while remaining anti-colonial. That is, we were not racist in any sense! My extended family is not even tribal, with cross-ethnic marriage now almost the norm.
When I arrived in Australia, I had no idea that Australia was so racist. The few Aussies I had met in Malaya were friendly people; there was nothing snooty about them. Yet, on a busy Saturday morning in 1949, within the crowded precincts of a fashionable Collins St. arcade in mid-town Melbourne, dressed rather expensively (Harris Tweed coat and the rest of it), I heard a shout. It was ‘Why don’t you go back where you came from, you black bastard?’ To my great surprise, I was the target.

Black? I was a very light tan, as yet unburnt by the Australian sun. Bastard? My elders may not have been as tolerant as I with this insult. It did not take me long to appreciate that the word could mean opposing meanings. Ironically, a European migrant friend and I soon developed this greeting ‘How are you, you old bastard?’ to be used whenever we rang each other across the nation.
In 1995 or thereabouts, after a novice politician, Pauline Hanson, reflecting the values of the more conservative of the populace, had claimed that there were too many Asians in the country, I had rude gestures directed at me in public places. When I subsequently sent the Hanson electoral office my first book ‘Destiny Will Out’ (an experience-based book on migrant settlement policies), pointing out that, as an Asian, I had made some contribution to Australia, I received a nice thank-you note.
Then, in the decade of the noughties of the current century, the proprietor of a small subsidy-publisher, who had described my first book (published in London) as ‘well written and interesting,’ told me that ‘Australians would not want to read about their country from the point of view of a foreigner.’ That was when I spoke to him about my second book.

This book was titled ‘The Karma of Culture’; it was endorsed by 3 senior academics in diverse disciplines. The book dealt with these issues (as defined by a professional manuscript appraiser): the cross-cultural impacts of a culturally diverse migrant intake; the potential for Asian cultural and spiritual values to influence Western thinking about democracy, human rights, and social values; and the consequences of attempted cultural retention by immigrants.
(These are extracts from my book ‘Musings at Death’s Door.’)

My experiences on matters Aboriginal

“I have met very few Aboriginal people over half a century in Australia. How am I to meet them? Our paths are so far apart.” … …

“The first Aborigine I sighted was inebriated. I saw him hit on the head (yes the head), and chucked (yes chucked) into a paddy wagon. This was in Melbourne more than fifty years ago. In Brisbane and Perth in the following years, I saw Aborigines being harassed by the police. Since I was with an inter-varsity hockey team in Brisbane, I should have been safe. Yet, one night, walking back to the campus alone, I was scrutinised by the police in a way which I found uncomfortable.

Regrettably, in the early 1990s, I saw young Aborigines, well dressed and behaving themselves, and in the company of young whites, being harassed by the police. In the late 1990s, I was followed by a motorcycle cop, on an Easter Sunday, for many kilometres before being stopped. I fear that he had assumed that a brown fellow driving an old car sedately had to be a ‘coastal blackfellow’, with all the implications of that for the latter.

In a small seaside town north of Perth, nearly fifty years ago, I was in the company of a dark Indian, with the even features found in South India, and a pinkish Eurasian. The latter claimed proudly that he had a Malay grandmother, although this was not discernible. We had got off a small boat and, at the bar of the nearest pub, were asked if we were Aborigines. Surprised (how on earth could we be, given our appearance?), we said no — and were permitted to drink on the premises. The barmaid explained that Aborigines were not allowed to be served.” … …

A few years later, a tall Chinese Malaysian, an even-featured Sri Lankan, a tall Indian Malaysian and I (with Ceylon Tamil ancestors) happened to find ourselves in a bar in a country town. Our car had broken down, and we were lost. A group of men at the far end of the bar showed a great deal of interest in us. Then the largest fellow in the group came up to us and said something strange, and in a gruff voice: “Where are you boys from?” Seeing that this was none of his business, and taking a punt, I responded with “What’s it to you, mate?” in what my Aussie friends describe as a British accent.

He stared at me, then relaxed. Sticking out a bloody great big paw, he introduced himself by first name. We got on well. I realised later that we had been in ‘boong’ (blackfellow) country, and that the big lad must have been the local sergeant of police.” … …

“Somewhere along the line, I set about trying to help Aborigines in the public sector in Canberra to improve their skills, thereby raising their confidence and presentation. I offered training in chairmanship and public speaking (skills shown to benefit everyone); and on their own terms. They could have their own Aboriginal club within Rostrum, an Australia-wide organisation well regarded for its training capabilities, and whose graduates were in senior positions in both the private and public sectors. Or, we could provide training in the Department of Aboriginal Affairs, there being no indigene employed elsewhere. Or, they could train themselves in that Department under our expert guidance. We had the skills and the will. There was, regrettably, no interest, in spite of my trying to persuade the highly-regarded Captain Saunders (ex-Army and an indigene), and the Department’s senior management that what I offered was valuable. So, that was that. Since it would have cost the Aborigines nothing, except a little effort to learn and to practice …!”

“After retirement, in my township, I met a wide range of Aborigines, a few seemingly full-blooded. There were those who were apparently well paid, driving expensive cars, and employed by Aboriginal organisations. I was told by a couple of them that, in spite of their academic or professional qualifications, there were no jobs available to them in the private sector.” … …

“The most impressive Aborigine I have met to date is a young lady, who (as she said) developed her Aboriginal heritage only after reaching adulthood. Today she is an elder, busily guiding her people, as well as building bridges between black and white. I sense, with regret, that only a minority of whites are interested in reconciliation, and in assisting the Aboriginal people to develop themselves. In the light of the country’s history, any effort to reach out to the Australian indigene in an un-patronising manner is surely a most progressive step. However, when I attended, as a member of a local adult education committee, a reconciliation study, I was impressed with the understanding and goodwill displayed by the white people participating, and the way local Aboriginal women guided the group.”

(These are extracts from my book ‘Hidden Footprints of Unity,’ published in 2005. However, I am aware that quite a number of Australian Aborigines are now highly qualified, and hold high positions – unlike the early 1950s, when (during my psychology course) we were told that clever Aboriginal students were dropping out of high school, saying ‘What’s the use?’ How terrible that must have been for those youngsters!)

 

 

 

White Australian attitudes towards Aborigines

The attitude of Australian whites to their indigene is bifurcated. There are, firstly, the lamp lighters and flag bearers. These are the humanitarians. Colonial values do not cloud their perceptions. They look forward, not to the past. They support reconciliation (a more accurate word might be conciliation) and efforts to have the viability of, and the respect shown to, the Aboriginal people raised to that of the rest of the Australian people. These include the honest people who recognise thefirst nation’ status of the indigene. They seek to have fellow non-indigenous Australians become more aware of the history, cultural values and traditions, art, environmental wisdom, and spirituality of the Aborigines.

Then, there is that majority (a large number of whom have told me about their feelings), with their soul-destroying perceptions of the indigene. This is a grab-bag filled with an interesting assortment of human failings. First, there are the greedy and the rapacious, who may be the cultural descendants of some of the founding fathers, and their protectors in government. Then there are the intellectually-deprived, with their retinal after-image of the white coloniser’s cultural and racial superiority. These are followed by the emotionally damaged fear-filled, lacking the confidence to relate to those not like themselves.  Those afflicted with subconscious guilt about the terrible things done to the inoffensive indigene by their predecessors, not all of whom were linked to them genetically, are also found in this grab-bag. One can sympathise with these. … …

Refusing to accept that the indigenes got the rough end of the pineapple collectively, whilst their women were collaterally used freely to create a new creole people, some modern moral purists argue that the major cause of the initial near-extinction of the indigene was not slaughter but disease. One of these iconoclasts even claimed that it was the Chinese and other Asians who had brought the deadly diseases to Australia. How many Chinese did Cortez take with him into America?

Another defender of ethnic cleansing claimed that the Aborigines should thank God that they were “displaced by Christian people”. On the contrary, I think that the Indians and Chinese might have treated the indigenes better. Their historical record, from the Arabian Sea to the Gulf of Tonkin, down to Bali, suggests that.  … …

The same sort of negative attitudes surfaced when the report on the ‘stolen generations’ was released, except that the counter-attack was strangely bitter. The authors of the report, their motives, methodology, definitions, and findings were all attacked, but only by a noisy handful. The semanticists, pretending to be fair, focussed on the meaning of ‘stolen’ and the scope of the word ‘generation’. The other critics, seemingly less erudite, simply went ballistic, with all manner of quaint arguments. Yet, no one could deny, that many, many, lighter-skinned children were removed from their mothers (pounded may be a more appropriate term in some cases) in ways which were both immoral and illegal. … …

The claimed motivation for removing the children seemed to be multi-faceted. The need to save them from a terrible future amidst the dust of the cattle stations was one claim. A related caring claim was that, as part-whites, they could be assimilated through separation from their mothers and the rest of their people. If these motives were genuine, how did those in authority see the rights of the mothers and their communities? Since the children were to become no more than servants, what did assimilation offer them?

In the event, what does this policy say about the morality of those involved?  A more honest motive was to ‘to fuck them white’, in order to avoid a biological throwback to their indigenous heritage. Preventing the allegedly ‘quick-breeding half-caste’ from contributing to the growth of the creole community seems a more honest motive. As the Aborigine was then seen to be an early version of the Caucasian stock, there were thus hopes of breeding out the black peoples as a whole. But was there any intention to have white families adopt these poor kids, as claimed by a friend of mine?  What were the odds of white families even considering such adoptions?  I am inclined to believe that some did.

(These are extracts from my book ‘Hidden Footprints of Unity’ published in 2005. Regrettably, Aborigines lacking that attractive tan colour are alleged by some as not being Aboriginal. So, colour remains a determinant of culture and heritage in the eyes of those who want Aborigines to assimilate; yet imported ethnic peoples are able to integrate, with their cultural values intact, into the nation. Why is there so much prejudice?) 

 

 

 

Did squatters destroy an Aboriginal civilisation?

“A few years after the initial ‘discovery’ by Captain Cook, it was apparently known that the indigenes not only occupied the land and used it with economic purpose, but also (according to the highly respected Dr.Coombs) “… lived in clan or tribal groups, that each group had a homeland with known boundaries, and that they took their name from their district, and rarely moved outside it.”  It was also known that they had, and applied, firm rules about trespass, kinship ties, marriage, child rearing and other matters, the hallmarks of an organised society; that they had a “habit of obedience” to their rulers and leaders, a hallmark of a political society; and that they had an ordered ceremonial life, reflecting the sharing of a spiritual vision, a hallmark of a civilisation. Apparently, they also had their own zodiac, which guided their activities. Their artistic records are also well known and respected.

It has now been accepted that the indigenes did not cede any of their land. As the famous poet Oodjaroo Noonuccal said, “We are but custodians of the land”. Whilst the settlers saw themselves at war, and killed to acquire land, officialdom (later supported by local jurists) preferred occupation to conquest. Occupation follows discovery, of a presumed empty land. How were the natives to establish ownership without a Titles Office?

Because the morally political Australian rejected the idea of an invasion, a Senate Committee came up, in the early 1980s, with prescription. This apparently applies when there is no clear title to sovereignty by way of treaty, occupation or conquest. An extended occupation, and an exercise of sovereignty were apparently enough to vest title in the Crown.

But, prescription requires a show of authority on the one side, and acquiescence on the other (says Prof. Reynolds, the renowned contributor to the nation’s enlightenment on this black subject). Since the natives never acquiesced to anything, voluntary abandonment was claimed. The Senate’s clever semantic exercise seemed to accept that being killed or driven away is tantamount to voluntary abandonment! A prominent white Australian sociologist reminded me that cities such as Melbourne and Sydney represented the most effective sites of ethnic cleansing; and that every fence in Australia encloses land that was once the soul, or the shared possession of a particular group of Aborigines.

A very substantial majority of the Aboriginal people died in the years following the invasion. Killing was both official and private. “My father used to round you mob up and shoot you for Saturday and Sunday entertainment”. This was uttered by a school mate of a recent head of ATSIC (the Aboriginal and Torres Straits Islander Commission). One does not visit the sins of the father upon the son. Yet, there are Australians today who attempt to defend the historical brutality that led to women and children being shot without compunction, and large numbers of fellow humans being killed through the use of poison. What sort of humans were the early arrivals that they could do this? What does it say about their origins, the way they lived before arriving in Australia, and their moral and cultural values? Why were these casual killers so debauched? “ … …

“It would not be quite fair to apply the aphorism ‘The criminal cannot forgive the victim he has defiled’ to those who deny what they call the ‘black armband’ view of Australia’s history. Why someone who cannot claim any ancestors who ‘cleared’ the land so vehemently rejects an honest view of a black history, makes sense only if one accepts that such people have strong tribal affinities, ie their people could not have behaved so brutally; or that, because that was normal colonial behaviour then, the perpetrators cannot be judged by current criteria for morality.

 I have had similar statements made to me when I occasionally refer to my exposure to Aussie racists. Some of these defenders of past brutality, however, confuse guilt with responsibility. That is, they cannot accept that today’s generation has a moral responsibility to compensate, but without any sense of guilt, for the damage done by earlier generations.

(These are extracts from my book ‘Hidden Footprints of Unity: Beyond tribalism towards a new Australian identity.’  My hope is the Australian Family of Man, arising eventually from, and through, cultural differences. Our indigenes need to find a place in the sun as a community before participating within a mesh of integrated cultures forming the nation. However, a generation or two of superior white Australians have to join their Maker before that can happen.) 

 

The 10-point Plan to protect ‘white space’

Following the Wik decision by the High Court, and the fear campaign, by a white government, white pastoralists, and other white groups, that nearly 80% of Australia would be over-run by black people, the federal government spun into action to protect white space.  The following paragraphs are extracts from my book ‘Hidden Footprints of Unity’ (an ironic title in the current context).

“After a lot of thunder, lightning and hot air had upset everyone, the government got through a ‘ten-point plan’, with the help of an independent senator. In the late 1990s, when the national Parliament pushed through legislation to reduce the property rights of the indigene inherent in native title, it was the whites (politicians, clergymen, and legal advisers) who reportedly decided (yet once again) what was best for the Aborigines.  The latter said that they were excluded from the negotiations!

Overall, it was a despicable exercise. The risks of having the blacks go walkabout on leased land (ie public-owned land), of their having any kind of a say in the potential use of this land, of any diminution in the government’s freedom to be generous to its supporters, was all too much for the government, and its pastoral and mineral constituencies. 

The federal government cannot, of course, extinguish native title without paying compensation. As a consequence, there was a fine juggling act between the federal and state (and territory) governments in the late 1990s. The latter governments were now to provide a statutory regime acceptable to the former, which would achieve an effective extinguishment of native title rights — but which did not cost much to taxpayers, and did not violate the Racial Discrimination Act and sundry international obligations! This was not asking too much, was it?

This federal government approach is akin to a white colonial government employing coloured mercenaries to carry out the more dastardly acts of subjugation of other coloured peoples (eg. Gurkhas against the Maoris of New Zealand).

Was it not St.Paul who said, “We wrestle … against spiritual wickedness in high places”? The indigenes and their supporters were both up in arms and despondent, realising that their recently acquired justice was short-lived. Consequently, the only appeal mechanism available (for what that is worth) is in the international arena. For some inexplicable reason, I keep recalling Arnold Toynbee’s ‘No annihilation without representation’, whenever extinguishment of Aboriginal native title is mentioned.”

                                                                    …………………………………………………………………………….

10-Point Plan for ‘bucket loads of extinguishment’ of Native Title

“MR HOWARD’S TEN POINT PLAN

  1. Validation of acts/grants

The validity of acts or grants made on non-vacant crown land since the Native Title Act will be guaranteed by law.

  1. Extinguishment of Native Title on “exclusive” tenures

“Exclusive” tenures such as freehold, residential, commercial and public works (in existence on or before 1 January 1994) would be confirmed by state and territory laws.

  1. Government services

The provision of government services to land on which Native Title may exist would now be made easier.

  1. Native Title and pastoral lease

Native Title rights over land held under agricultural and pastoral leases would be permanently extinguished if they interfere with the rights of the leaseholder.

Activities other than farming and grazing would be allowed on pastoral leases, even if Native Title exists, provided the dominant purpose of the lease remains primary production.

  1. Statutory access rights

If those who register a Native Title claim can demonstrate that they currently have access to land held under a pastoral lease, access to that land will be guaranteed by law until the Native Title claim is settled.

  1. Future mining

For mining on vacant crown land:

  • the registration “test” for a Native Title claim would be more difficult
  • there would be no negotiations over mining exploration
  • only one Native claim for negotiation would be allowed for each mining project

For mining on “non-exclusive” tenures, such as current or former pastoral leases:

  • the right to negotiate would continue to apply until State and Territory governments provided arrangements acceptable to the Commonwealth government
  • compensation would take account of the currently co-existing Native Title rights
  1. Future development

For vacant crown land outside cities and towns:

  • the registration “test” for negotiation of a Native Title claim would be more difficult
  • there would be no negotiations over acquisitions for government-type infra-structure
  • For compulsory acquisition of Native Title rights on other “non-exclusive” tenures, such as current or former pastoral leases or national parks:
  • the right to negotiate would continue to apply until State and Territory governments provided arrangements acceptable to the Commonwealth government
  • compensation would take account of the currently co-existing Native Title rights
  • future management actions for national parks or forest reserves would be allowed forfuture activities such as taking of timber or gravel on pastoral leases would be allowed for
  1. Water resources and airspace

The ability of governments to regulate and manage, surface and subsurface water, offshore resources and airspace, and the rights of those with interests in these areas, would be put beyond doubt.

  1. Management of claims

For new and existing Native Title claims there would be:

  • a more difficult registration “test” for negotiation of a Native Title claim
  • amendments to speed up the processing of claims
  • encouragement for States and Territories to deal with claims
  • a sunset clause within which claims had to be made
  1. Agreements

Measures would be introduced to encourage the negotiation of voluntary but binding agreements as an alternative to formal Native Title agreements.”

(Source: ‘Teaching Heritage’ a New South Wales Government document)

 

 

Extinguishing Native Title – Keating 2011

Extinguishing Native Title through 10-point Plan  (June 1  2011    Sydney Morning Herald)

The 10-point plan that undid the good done on native title – Paul Keating

As prime minister, the pastoral lease question was a vexing and torrid one for me. And for this reason: notwithstanding that the Commonwealth government’s legal advice was that the Mabo (No. 2) judgment had the effect of extinguishing native title on lands subject to pastoral leases – I did not agree with that advice. That is, I did not personally agree with the logic behind the advice.

I had lots of supposedly good people urging it upon me; like the former leader of the National Party Tim Fischer, who was doing his level best to turn pastoral leases into quasi-freehold titles at the expense of Aboriginal people.

I knew there was a massive potential loss here for Aboriginal people – because in 1993 a very large proportion of the land mass of Australia was subject to pastoral leases. In Western Australia it was 38 per cent of the state, in Queensland 54 per cent, South Australia 42 per cent, NSW 41 per cent and the Northern Territory 51 per cent.

Given the scale and importance of it, I was determined not to deny Aboriginal people the chance to test this question before the High Court. So to keep the naysayers at bay and to fend off the opportunists, I decided to record in the preamble of the bill that on the government’s view, past leasehold grants extinguished native title.

I had these words in the second reading speech and in the preamble to the act but I refused to make extinguishment a fait accompli under the operating provisions of the act.

I knew that the whole idea of pastoral leases over Crown land arose because squatters decided to move on to land for which they had no title and where their activities, grazing or otherwise, were uncontrolled. The motivation for the legislative regime, first in NSW in the late 1820s, was to put some control on squatters without conferring on them a freehold title to vast tracts of the country; country largely occupied by Aboriginal people. So I understood that when the various colonial and state governments came to issue pastoral leases they did so knowing that the pastoral activity would occur over lands where Aboriginal people were still conducting a traditional way of life.

I told officers of the Attorney-General’s Department at the time that I regarded their advice as black letter property advice, wherein they failed to understand how and in which ways the High Court was peering through the common law to the development of native title rights over the course of Australian history following European settlement.

As it turned out, in the Wik decision of 1996, the High Court held that the grant of relevant leases did not confer on the lessees exclusive possession of land under lease and correctly, in my view, made clear that, in the case of the Wik and the Thayorre people, that a relevant intention to extinguish all native title rights at the time the grants were issued was not present. That is, the grants did not necessarily extinguish all incidents of the native title rights.

Of course, that decision of the High Court was attacked mercilessly by the Howard government. That villain Tim Fischer boasted that there would be bucket loads of extinguishment, in the Howard government’s response to the decision.

Many will be familiar with the sorry tale that became part and parcel of the Native Title (Amendment) Act 1998. That amendment arose from the Coalition government’s so-called 10-point plan, a plan facilitated in the Senate with the support of Senator Brian Harradine under the advice of the Jesuit priest Frank Brennan.

As an aside, and as a Catholic, let me say, wherever you witness the zealotry of professional Catholics in respect of indigenous issues, invariably you find indigenous interests subordinated to their personal notions of justice and equity: because unlike the rest of us, they enjoy some kind of divine guidance. And so it was with the Wik amendments.

The amendments were titled ”Confirmation of past extinguishment of native title”. But it was never clear that all freehold grants and leasehold grants permanently extinguished native title. Mick Dodson said at the time: ”By purporting to ‘confirm’ extinguishment by inconsistent grants, the Commonwealth is purposely pre-empting the development of the common law – not allowing sufficient time to integrate the belated recognition of native title into Australia’s land management system. This does not require the obliteration of indigenous interests so as to favour non-indigenous interests.” Quite so.

The Howard government’s 1998 amendments cut across the spirit of the Keating government’s 1993 act; the notion that the legislation was, first and foremost, of a beneficial kind – enacted to redress historic inequities, rather than to compound ones sanctioned by earlier acts.

Paul Keating was prime minister from 1991 to 1996. This is an edited extract from the Lowitja O’Donoghue Oration delivered at the University of Adelaide yesterday.