Native Title and Dispossession Have The Same Address

How Western Language Has Diminished Aboriginal And Torres Strait Islander Peoples Rights To Land

Abstract

This paper discusses the political and prejudicial undercurrents surrounding native title law in Australia. If the production of meaningful land rights has stagnated since the historical decision of Mabo v Queensland (No 2) (1992) 175 CLR 1, the ‘language of savagery’ is one of the contributing causes. The language of savagery emerges from the historic western literature of Greek myths and storytelling. These works demonstrate how the demonisation of foreign tribes justifies territorial conquest of non-western societies. Without the historical determination of what constituted ‘savage’ peoples by the western civilisation, the preconceived idea of a superior society would not have been possible. Consequently, the historical undertones of ‘savage’ have filtered into native title case law and legislation and destroyed non-western Peoples rights to land. More specifically, the language of savagery reveals previously hidden forces that have enabled the rights of private land ownership to prevail over Aboriginal and Torres Strait Islander Peoples land rights and interests. Australian case law and legislation give evidence of how specific language used by eurocentric judges is recreating this conceptual split between westerners and the savage.

When native title is considered with the understandings of racism and colonial attitudes of non-western societies, a more complete picture can be painted of the consequences of colonialism and how this has impacted Aboriginal and Torres Strait Islander Peoples rights to land reform in Australia.

First Nations sovereignty must be at the forefront when considering ways to move forward as a Nation. This is particularly since resulting legislation and high court decisions have provided inadequate compensation to native title holders and have failed to progress forward by ensuring land equality is met for all.