The Australian frontier wars unfolded after the natives of the first settlement at Sydney understood they had irrevocably lost the right to pasture in their ancestral lands. The Settlers along the Hawkesbury river came under attack from Daruk guerrillas and its estimated that up to 5000 young English men, women and children were slaughtered nationwide in the period, generally over theft of tools, weapons, goods, and food from farmsteads by the indigenous who viewed the foreigners possessions as rightfully theirs. While no blanket royal decree mandated violence, colonial governors issued localized orders authorizing force. In 1801, Governor Philip Gidley King issued orders permitting settlers to shoot Indigenous people on sight near Parramatta, Georges River, and Prospect. Farmsteads weren't of course the primary targets of the native Australian peoples, Pemulwuy had led 100 warriors directly into the township of Parramatta, launching a direct assault on the British Red Coat soldiers. Pemulwuy was shot seven times and survived in hospital earning him a reputation amongst the Bidjigal, who scattered across the conflict which would see up to 60,000 native Australians slaughtered nationwide.
Whilst Sydney, the first British settlement in Botany Bay succeeded, this was far from the case nationwide. In the Northern Territory, there were four failed attempts to settle what became Darwin. John Septimus Roe's first accounts at Fort Dundas were how it was under constant attack by the Tiwi, which led to militarization of the settlement. After the fort's surgeon, Dr Gold was discovered with 31 spear wounds, seven spear heads remaining in his body and one having had passed through his head from ear to ear. Along with the storekeeper John Green who had 17 spear wounds and his skull was smashed open; the settlement was forced into abandonment by 1828 which was also due to the intensity of tropical storms, the islands isolation and insufficient traded food and medical supplies, partly due to Tiwi and Makassan (Indonesian fishermen rivalries).
The Native Police Corps & the Black WarAboriginal warrior credence would evolve into more organized strategic forces with the acquisition of western armaments, and with Multuggerah's ambush on military convoys. Fort Helidon was established in response to the Battle of One Tree Hill, as indigenous war parties focused on the Native Police Corps who were designated to disperse them. They were the first government-funded trackers; the Native Police Corps, established in 1837 in the Port Phillip District of Victoria. From 1848 another force was organised in New South Wales, which later evolved into the Queensland Native Police force. This Native Corp massacred thousands of indigenous under the pretence of dispersal, and is oft regarded as one of the most conspicuous examples of genocidal policy in colonial Australia. The other being the Settler war parties in response to the Daruk retaliations over the Hawkesbury river settlements (where settlers had upturned the Yam farms along the river, which the native relied on).
These battles pale by comparison to the 7000 or more aboriginals who died across the convict settlement of Van Diemen's land, which is considered the worst genocide of Australian history and known as the Black War. Although deliberate action for genocide is still denied, armed settlers claimed to misinterpret the presence of armed natives on their land. Many more suffered from disease and incarceration in Tasmania compared to surviving communities on Bass Straight islands. The most famous resistance fighter of the period was Tarenorerer, who mustered a militia to attack the Tasmanian settlement. She utilized stolen muskets and trained her troop to attack settlers and steal supplies. Known as the Amazon, she famously compared her hatred of White fellas to that of a black snake, but was ultimately captured by Sealers and died in incarceration from the flu.
Edward Koiki Mabo from the Torres Strait Islands campaigned for Indigenous land rights in Australia, bringing about the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Crown acquisition and that the international legal doctrine of terra nullius was invalid under the new Australian law. High court judges considering the case Mabo v Queensland (No 2) found in favour of Mabo, which led to the Native Title Act 1993 and established native title in Australia, officially recognising the rights of Aboriginal and Torres Strait Islander people in Australia, where today the peoples' rights and interests in land are formally recognised over around 40 per cent of Australia's land mass, including sea rights across various native title cases. Whilst Rights represented with a Writ which communities can harbour and pass on, pertains to historical custodianship, it's not a right of ownership, and nor do aboriginal elders necessarily pertain to ownership of the land itself (this isn't common belief or tradition, rather that people belong to the land, not the other way around).
Whilst a landmark on the road towards a full treaty, Native title is automatically extinguished on freehold land of course which means that ownership is full and exclusively decided by Australian Law and though Indigenous groups may still have cultural connection, they have no legal land rights.
The exception is on pastoral leases where Native title holders may have non‑exclusive rights accessing the land, to hunt, fish, and gather there, as well as visit cultural sites, and perform ceremony. A land holder cannot stop native title holders from exercising their recognised rights and must allow reasonable access where the indigenous are prohibited from interfering with farming operations, restrict regular movements, or claim commercial resources (coexistence).
Comparative Treaty Standards — New Zealand, Canada, the US & South AfricaThe NZ treaty of Waitangi differs on the ownership regard where Māori ownership of land, forests, fisheries was assumed until sold to the Crown (still prohibiting private exchange). Māori thus have stronger legal standing in resource management and on Co‑governance of rivers, and national parks.
Canada's treaty also grants far greater powers of ownership to the indigenous with land ownership inferring resource rights, co‑management of parks and fisheries, self‑government and revenue sharing.
Similarly the US's hundreds of treaties infer tribal recognition as sovereign nations, reservations, bearing full rights to hunt, fish, and self-govern where the Tribal nations are instrumental in Federal law with tribal courts, police, and taxation capacity which overrides state laws.
Whilst South Africa moved for legal Restitution, and in granting compensation on dispossessions under rule of a tribunal but limited to post 1913 forced displacements and where proof is adequate. Indeed, Nelson Mandela likely saw treaty as impossible given the regular turn over of ownership historically through common conflict. Instead in transitioning South Africa from apartheid to democracy he ensured restitution, redistribution, and tenure reform for protecting people living on farms or communal land.
Written by Jason Steven Jowett. Sourced from historical fact. This blog may not be reproduced in whole without the author's express permission. Copyright © 2024. greatbrittania.blogspot.com