What now for the British monarchy and its legacy for First Nations people? – National Indigenous Times

The passing of Queen Elizabeth over the weekend saw an outpouring of grief in Britain and her also in Australia.

The Australian flags, including the Aboriginal and Torres Strait Islander flags, will be flown at half mast, federal parliament will cease sitting for 15 days and an official public holiday was announced following the news of her death at Balmoral.

Indigenous responses here to the news have not surprisingly included a rejection of the monarchy and its role.

For Indigenous people here and across the globe, the British empires history of colonialism, represented by the Crown, from Ireland, to Africa, to West Indies to North America and Australia was sadly based on lack of respect and founded in racial violence.

This was an era of Darwinism and belief in Europeans being a superior race of people.

While some countries succeeded in decolonizing, Ireland after decades of civil war being noteworthy, most did not.

In North America and New Zealand, treaties were negotiated by the British with Indigenous people, establishing formal relationships between the Crown and Indigenous people.

Its not clear why the British engagement with Australia took such a different turn Captain James Cook was given clear instructions from Britain to take possession only with the consent of the Indigenous people.

The Law of Nations established those colonizing nations were not to take lands without consent or agreement of Indigenous people.

Agreement or consent was evidenced through treaties, such as the Treaty of Waitangi which plays an important role in New Zealand today.

Lands could also be acquired through conquest or war. Land that was empty or belonging to no one could be claimed under the doctrine of Terra Nullius, and this legal fiction was adopted in Australia.

The International Court of Justice in the case of Western Sahara (1974) rejected outright the colonial misuse of the Terra Nullius doctrine in this manner, condemning it as unacceptable and racist.

Our High Court in the case of Mabo also rejected Terra Nullius as one of the darkest moments in our history.

The Mabo decision led to national native title legislation, but the Court refused to grapple with the question of Aboriginal sovereignty, which is still not resolved.

Accordingly, many Aboriginal people today maintain that we remain Sovereign people, not subjects of the British Crown.

Our sovereignty was never ceded and our ties to this land run deep with 60,000 years of connection to our lands or Boodjah we cannot be colonized.

As Britain, and even Australia, mourn the death of the Queen and the announcement of the King, we can reflect also on our history with the British Crown and relationships today.

Following news of the Queens death there have been calls for the Australian Republic, but PM Albanese rightly responded that Voice will come first.

After all, we have serious unfinished business to attend to.

The Uluru Statement from the Heart and process of Voice, Treaty and Truth seeks to resolve the unlawful acquisition of Australia by the British Crown in 1788.

The commitment to Voice and a referendum will ensure Aboriginal people will always hold a place in the Australian nation moving forward.

Constitutional recognition of Indigenous people is outstanding business, with commitment from Australian governments dating back more than two decades and flowing from the final report of the Council for Aboriginal Reconciliation.

The fundamental principle of self-determination means that Indigenous peoples views must be heard and respected on all matters affecting us.

Treaty making is now happening in the Northern Territory, Victoria and most recently Queensland with commitments also being made in South Australia by Kyam Maher, the first Indigenous elected Attorney.

Notwithstanding our commitment to Close the Gap, the West Australian government is failing to recognize Aboriginal peoples rights to self-determination, heritage and sacred sites, Aboriginal childrens safety and right to Indigenous identity and is clearly violating human rights that are well established through the UN system of treaty law.

Aboriginal incarceration, child removal and suicides are continuing to rise.

We need a Treaty at the national level to address human rights violations that are a blight on our nation and increase respect for the UN Declaration on the Rights of Indigenous Peoples.

Truth-telling is imperative to raising awareness, understanding, and promoting reconciliation in Australia.

Unfortunately, history has been whitewashed and the British history of slavery and its impact here is still unacknowledged.

But truth telling processes cannot take the place of substantive rights and measures to address systemic and structural discrimination today.

This week as Australia reflects on its continuing ties to Britain, we can also consider the nation building needed to address the past damage of British colonization and strengthen our country in a way that ensures in future respectful relations with First Nations people.

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What now for the British monarchy and its legacy for First Nations people? - National Indigenous Times