‘Invasion Day’

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‘Invasion Day’ is sometimes referred to as ‘Survival Day’ and is held on what most Australians refer to as Australia Day, the 26th of January each year. The day commemorates the original invasion of the continent by the English colonisers, and the continued ‘oppression of Aboriginal people’ since that time.

Source: The Critical Classroom

The picture shows two major contradictions:

  1. Australia Day ≠ Invasion Day.

    Far from it, Australia Day is a day of unity and celebrating the values, freedoms and pastimes of Australia. ‘Invasion Day’ attributes guilt to non-Aboriginal Australians for alleged actions taken by a Colonial power over 2 centuries ago.

  2. ‘Stop Racism Now’.

    The vast majority of Australians arrived from disparate countries and cultures long after the alleged ‘invasion’.

Australia Day – Invasion Day

26th January 1788 – Australia Day January 26, 1788 was the date on which Captain Arthur Phillip took formal possession of the colony of New South Wales and raised the British flag for the first time in Sydney Cove.

In the early 1880s the day was known as ‘First Landing’, ‘Anniversary Day’ or ‘Foundation Day’.

In 1946 the Commonwealth and state governments agreed to unify the celebrations on January 26 and call it ‘Australia Day’. The day became a public holiday in 1818 (its 30th anniversary). Before 1994 Australia Day was the closest Monday to January 26 to ensure a long weekend.

Why do we celebrate Australia Day?

Since 1994 all states and territories celebrate Australia Day together on the actual day. On this day ceremonies welcome new citizens or honour people who did a great service.

On the fun side are BBQs, contests, parades, performances, fireworks and more.

A National Australia Day Council, founded in 1979, views Australia Day as ‘a day to reflect on what we have achieved and what we can be proud of in our great nation’, and a ‘day for us to re-commit to making Australia an even better place for the generations to come’.

Source: Creative Spirits

FactCheck on native title

“As one of the 193 member states of the United Nations, Australia exists as part of a rules-based world order. Land conquests through war of aggression were only criminalised after World War II. This prohibition does not apply retroactively. Doing so would throw the entire world map into turmoil. It applies on future attempts to conquer. The status quo of international borders at the time was deemed ‘frozen’. Lands conquered before the Kellogg-Briand Pact (1928) are deemed lawful conquests.

So it follows that if Australia was invaded, then it has been conquered. This would technically negate claims to separate land rights for descendants of native populations.

Yet the Mabo decision rested on the presumption that Australia was settled, not invaded. Therefore, native title is safe.

Sources that support the argument that Australia was settled, not invaded:

  • “It is fundamentally to our legal system that the Australian colonies became British possessions by settlement and not by conquest” – Gibbs J in Coe v Commonwealth (1979).

  • “Most legal commentators agree the ‘foundation case’ of the Australian legal system was the UK Privy Council judgement in Cooper v. Stuart (1889), which described the colony of New South Wales as having been ‘peacefully annexed’ by Britain in 1788”. – Windschuttle, K. (2016). The Break-Up of Australia: the real agenda behind Aboriginal recognition. Quadrant Books, page 376.

  • “The High Court’s decision in Mabo not only preserves the distinction between settled territories on the one hand and conquered or ceded territories on the other, but it also clarifies the law that applies in territories that have been settled in circumstances like Australia”. – Secher, U. (2005). The Mabo Decision – Preserving the Distinction between Settled and Conquered or Ceded Territories

  • The Mabo decision: “International law recognised conquest, cession, and occupation of territory that was terra nullius as three of the effective ways of acquiring sovereignty”.”As among themselves, the European nations parcelled out the territories newly discovered to the sovereigns of the respective discoverers … provided the discovery was confirmed by occupation and provided the indigenous inhabitants were not organised in a society that was united permanently for political action”.

Source: Sherry Sufi on native title