When apartheid was abolished in South Africa, a Truth and Reconciliation Commission was set up to hear from victims of gross human rights injustices, in the hope reconciliation could be established for all South Africans.
In Australia, there has never been any official commission or restorative justice body to recognise the colonisation of an occupied country.
When Captain (then Lieutenant in Command) Cook first surveyed the east coast of Australia, with the command to claim the land for the British Empire, he was given secret instructions*
You are likewise to observe the Genius, Temper, Disposition and Number of the Natives, if there be any and endeavour by all proper means to cultivate a Friendship and Alliance with them, making them presents of such Trifles as they may Value inviting them to Traffick, and Shewing them every kind of Civility and Regard; taking Care however not to suffer yourself to be surprized by them, but to be always upon your guard against any Accidents.
You are also with the Consent of the Natives to take Possession of Convenient Situations in
the Country in the Name of the King of Great Britain: Or: if you find the Country uninhabited take
Possession for his Majesty by setting up Proper Marks and Inscriptions, as first discoverers and
According to Cook’s journals**, he was greeted along the entire east coast of Australia from what is now Botany Bay to Possession Island, with having spears and rocks thrown at him and his men; or locals running away and refusing to have anything to do with him, including any meaningful trade.
Monday 30th – ..in the afternoon 16 or 18 of them came boldly up to within 100 yards of our people at the watering place, and there made a stand. Mr. Hicks, who was the Officer ashore, did all in his power to intice them to him by offering them presents; but it was to no purpose, all they seem’d to want was for us to be gone.
Cook later observes in August 1770
..in reality they are far more happier than we Europeans, being wholy unacquainted not only with the Superfluous, but with the necessary Conveniences so much sought after in Europe; ..in short, they seem’d to set no Value upon anything we gave them, nor would they ever part with anything of their own for any one Article we could offer them. This in my opinion, Argues that they think themselves provided with all the necessarys of Life, and that they have no Superfluities.
On Wednesday August 22nd 1770
..on the Western side I can make no new discovery, the honour of which belongs to the Dutch Navigators, but the Eastern Coast from the lat. of 38 degrees S. down to this place, I am confident, was never seen or Visited by any European before us; and not withstanding I had in the Name of his Majesty taken possession of several places upon this Coast I now once More hoisted English Colours and in the Name of His Majesty King George the Third took possession of the whole Eastern coast from the above Lat. down to this place by the the name of New Wales ..
Cook did not gain the Consent of the Natives and he recorded habitation at each landing.
It wasn’t until 1835 that terra nullius, or ‘nobody’s land’, was used to stop the purchase of land from Aboriginal people, in what is now known as Batman’s Treaty.
The Proclamation of Governor Bourke implemented the doctrine of terra nullius upon which British settlement was based, reinforcing the notion that the land belonged to no one prior to the British Crown taking possession of it. Aboriginal people therefore could not sell or assign the land, nor could an individual person acquire it, other than through distribution by the Crown
Federation of the states in 1901 was accompanied with a Constitution for the nation of Australia. The Overview states:
The Australian Constitution has properly been described as ‘the birth certificate of a Nation’…..the Constitution is a document which was conceived by Australians, drafted by Australians and approved by Australians.
The voice of First Nations people is not heard in the drafting or approval of the document. Interestingly the Constitution states,
51…The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws
Next: Truth and Reconciliation II
**30th May, 1770, Captain Cook’s Journal 1768-71 Australiana Facsimile Editions No 188, Libraries board of South Australia, 1968.
See also TERRA NULLIUS, THE HIGH COURT AND SURVEYORS by C. L. Ogleby: A discussion of the High Court decision regarding customary land tenure in Australia. (Mabo)