(Post)Colonial [1] Encounters: gendered racialisations in Australian courtrooms [2]

This article identifies how the Australian legal system has generated knowledge about ‘traditional’ gender relations in Aboriginal Australia. Using a sample of artefact cases from the Australian judicial system, constructions of Aboriginal gender relations are mapped. By tracing knowledge production in these cases, it demonstrates how the non-Aboriginal Australian legal system has fabricated its own versions of ‘Aboriginal Customary Laws’, or Aboriginal ‘traditions’ about violence committed by Aboriginal men, against Aboriginal women. (Post)colonial understandings about the Aboriginal ‘other’ have occupied spaces in legal understandings and then been enforced in law. The Australian judicial system itself is therefore guilty of perpetuating and privileging the ‘colonial’ in these encounters.     

Gianni Vattimo on Secularisation and Islam

To clarify Vattimo’s position on secularism and Islam, I first discuss his view that secularisation as kenosis and caritas entails the nihilistic vocation of Being, as expressed in our postmodern world where there appear to be no facts, only interpretations. I then survey some of Vattimo’s negative judgements of Islam, which appear to be out of keeping with his own disavowal of “modern” ideals such as “progress” and “grand narratives.” After analysing Islam’s turbulent history of secularism, I suggest the need for Islamic secularism for its own religious and political reasons. Vattimo’s theory of secularisation helps to identify not only what Islam should avoid in pursuing its own secularisation (an Enlightenment notion of subjectivity), but also what it can emphasise within its own tradition as a stimulus towards secularisation: the Golden Rule. This rule, if presented by influential imams as spiritually and as ethically open to the other as possible, may lead through action-based dialogue to a form of reciprocal listening that is the core of Vattimo’s notion of secularism, but which is based, at the same time, on the awareness of the gulf between the transcendence of Allah and the finitude and fallibility of human politico-religious institutions.     

‘Tomorrow comes when tomorrow comes’: Managing Aboriginal Health within an Ontology of Life‐as‐Contingent

ABSTRACT The authors have worked in Australian Aboriginal communities within the Wiradjuri area of central‐western New South Wales. Examining what appear to be distinctive Aboriginal approaches to time, we argue that these stem not from a different notion of time as such but, rather, from the relationship between the social and the self which places a distinctive value on the use and management of time. One way to access the dynamic between time and self is to realise that life is understood as fluid and contingent rather than predictable. This continually subverts the idea that time is measurable and controllable; that life is lived within domesticated sedentary space; and that planning ahead and self‐discipline are virtues. Yet these are notions central to practices associated with contemporary health care. A majority of health care providers, whether Aboriginal or not, are trained in the Australian mainstream health system and may consequently underestimate the implications of different ways in which a person acts on the temporal/spatial dimensions of her life, and how this influences ways in which she manages time in relation to her health and well‐being. Temporal concepts, such as ‘planning’, ‘discipline’, ‘future’, ‘boredom’, or ‘patience’, as well as that of the ‘long‐term’ with regard to managing illness or money, interact with the ways in which Aboriginal people experience themselves as ill or in need of health care, influencing how they act on medical advice. We argue that the key to understanding the use of time lies not in the concept of time per se but in what is involved in developing a responsive social self when the time/space dimensions of the day to day are informed by a fluid and thus contingent ontology of that day to day.     

Colonial Constructions of Masculinity: Transforming Aboriginal Australian Men into ‘Houseboys’

In Darwin in the Northern Territory of Australia, Aboriginal men made up more than half of the domestic servant population by 1938. They replaced the Chinese and Malay male servants who had worked for British colonists in the early colonial period. Much of the historical work on male domestic servants in colonial situations plots the construction of the ‘houseboy’ as emasculated, feminised and submissive. In contrast, colonial constructions of Aboriginal men as ‘houseboys’ in Darwin emphasise the masculinity of the Aboriginal hunter. Aboriginal men were characterised as requiring constant discipline and training, and this paternalistic discourse led to a corresponding denial of manhood or adulthood for Aboriginal men. While male domestic servants in other colonial settings were allowed some privileges of masculinity in relation to female workers, amongst Aboriginal domestic workers, it was so‐called ‘half‐caste’ women who, in acknowledgment of their ‘white blood’, received nominally higher wages and privileges for domestic work. Aboriginal men were denied what was referred to as a ‘breadwinning’ wage; an Australian wage awarded to white men with families. Despite this, their role as husbands was encouraged by the administration as a method of controlling sexual relations between white men and Aboriginal women. These sometimes contradictory images can be understood as manifestations of the racialised construction of gender in Australia.     

Truth-Telling in the Wake of European Contact: Historical Investigation of Aboriginal Skeletal Remains from Normanton

This study heeds the call for a ‘truth-telling’ of injustices carried out on Aboriginal communities during the colonial acquisition of Australia as stated in the Uluru Statement from the Heart 2017. Here, we discuss the lives of eight Indigenous people buried in Normanton in north-west Queensland (QLD) who died and had their remains collected in the late 1890s as scientific specimens. The remains were later repatriated to the community before being further exposed by erosion in 2015. With the consent and participation of local traditional owners—the Gkuthaarn and Kukatj people—this assessment utilised bioarchaeological, historical and anthropological methodologies to gain a better understanding of Indigenous life and health on the Australian colonial frontier. Gkuthaarn and Kukatj people were engaged throughout the investigation, and statements throughout this piece made by them illustrate how bioarchaeology can inform on past injustices in Australia’s history, bringing them into the public consciousness and aiding the transition to reconciliation through ‘truth-telling’.     

Salutary Lessons: Native Police and the ‘Civilising’ Role of Legalised Violence in Colonial Australia

Over much of the nineteenth century, recurring problems of covert and opportunistic conflict between settlers and Indigenous peoples produced considerable debate across the British settler world about how frontier violence could be legally curbed. At the same time, the difficulty of imposing a rule of law on new frontiers was often seen by colonial states as justification for the imposition of order through force. Examining all the mainland Australian colonies from the 1830s to the end of the nineteenth century, this paper asks how this contradictory dilemma played out through deployment of ‘native police’ and the ‘civilising’ role of legalised violence as a strategy for managing the settler frontier. In light of wider debate about a humanely administered empire, Australia’s first native police force established in New South Wales in 1837 was conceived as a measure that would assist in the conciliation and ‘amelioration’ of Aboriginal people. In the coming decades, other Australian colonies employed native police either as dedicated forces or as individual assistants attached to mounted police detachments. Over time, the capacity they held to impose extreme violence on Aboriginal populations in the service of protecting pastoral investments came to reflect an implicit acceptance that punitive measures were required to bring order to disorderly frontiers.

By tracing a gradual shift in the perceived role of native police from one of ‘civilising’ Aboriginal people to one of ‘civilising’ the settler state itself, this paper draws out some of the conditions under which state-sanctioned force became naturalised and legitimated. It concludes that, as an instrument of frontier management, native policing reflected an enduring problem for Australia’s colonial governments in reconciling a legal obligation to treat Aboriginal people as subjects of the crown with a perceived requirement to bring them under colonial authority through the ‘salutary lessons’ of legalised violence.     

What Remains? Reconciling Repatriation,Aboriginal Culture,Representation and the Past

ABSTRACT This paper uses the repatriation and ceremonial reburial of Indigenous remains to La Perouse, an Indigenous community in Sydney, as a lens through which to examine the cultural politics of representation and recognition that are central to contemporary Aboriginal identity construction. The return of the skeletal remains of 21 individuals highlights the role that representative bodies — past and present, individual and organizational — play in engagements between the State and Aboriginal people. Heralded by some as a sincere sign of reconciliation and treated as suspect and misguided by others, the reburial produced diverse responses from both Aboriginal and non‐Aboriginal people alike. Speakers at the repatriation focused on righting the wrongs of the past, reconciliation, and moving forward in cooperation, suggesting the redemptive significance of these events. Among Kooris at La Perouse, debates about community, representation, and belonging expose the ways that Aboriginal people and communities operate through, against, and beyond ‘whitefella’ structures of recognition to define who they are and what their culture is.     

Pan-Indigenous Encounter in the 1950s: ‘Ethnic Dancer’ Beth Dean

From 1950, ‘ethnic dancer’ Beth Dean made her living on a lecture-demonstration touring circuit of the dance traditions of Australia, New Zealand, the Cook Islands and North America. To assert her expertise, she claimed to have studied Māori and Australian Aboriginal cultures for a number of years. This article investigates how Dean’s didactic performances drew on American traditions of ethnic dance to present apparently authoritative representations of Indigenous cultures, supported by Adult Education Boards in New South Wales, Victoria, Tasmania and Western Australia and national arts organisations. I argue that Dean exploited the symbolic potential of ‘corroboree’ as a performance of intercultural communication to establish her authority to speak about and perform Australian Aboriginal dance.     

Rethinking Aboriginal ‘Resistance’: The Community Development Employment (CEPD) Program

In this paper I wish to contribute to an understanding of ‘Aboriginal resistance’ by a study of the politics of remote Aborigines' ‘employment’. I begin by highlighting some themes in recent discussions of the Community Development Employment Projects (cdep ) policy, before looking back at some features of the welfare and pastoral economy in the Central Australian hinterland, c. 1950 to c. 1975. My aim is twofold: to show some of the cultural continuities in the relationships between remote Aborigines and government; and to criticise constructively the notion of ‘Aboriginal resistance’, to advocate a structural and processual notion of ‘resistance’ and to move away from one based on the clear identification of actors.     

Palawa Kani and the Value of Language in Aboriginal Tasmania

Over the past forty years the Tasmanian Aboriginal people, long marked as an iconic case of extinction, have revitalized many elements of their ‘lost’ culture. Palawa kani, the constructed Tasmanian Aboriginal language, is an example of such efforts. The construction and utilization of palawa kani is one element of a broader Tasmanian Aboriginal cultural politics working to strengthen the Indigenous status, authenticity, and presence in Tasmania specifically and Australia more generally. In this article I recount the historical documentation of Tasmanian Aboriginal languages and analyze the process through which multiple historical languages were utilized in the construction and consecration of a single ‘official’ Tasmanian Aboriginal language. Rather than existing strictly as a tool for communication, I argue palawa kani is a cultural artifact that, like an emblem, works to distinguish the Tasmanian Aboriginal community, one that lacks many of the stereotypical components of Australian Aboriginality, within Tasmanian society. As such, it is best understood in relation to Clifford's ‘indigenous articulations’ (2001) and Cowlishaw's mythopoeia of Aboriginality in Australia (2010, 2011). I examine what palawa kani does for, and what it represents to, the larger Tasmanian Aboriginal community.     

Sharing the colonial burden: Treaty‐making and reconciliation in Hul’qumi’num territory

This article explores different understandings of reconciliation within the context of modern treaty making in British Columbia, focusing on the role of the BC treaty process in resolving the longstanding dispute between Aboriginal Peoples and the Crown over rights to land. Although the treaty process was created to reconcile competing interests in the land, Crown and Aboriginal negotiators often have contradictory understandings of how this reconciliation is to take place. Drawing on a case study of the Hul’qumi’num Peoples, a group of Coast Salish First Nations, I examine how different understandings and approaches to reconciliation impede progress at the treaty table. I conclude that progress towards treaty and reconciliation in this case will require coming to terms with the Hul’qumi’num territory's colonial history and geography, something that the current treaty process actively avoids, plus the crafting of a treaty agreement that allows for a more equal sharing of the burden that colonialism has created in this place. More particularly, meaningful reconciliation will require a fuller recognition of Aboriginal title and rights across the breadth of the territory and a commitment to meaningful compensation of Hul’qumi’num Peoples for the wrongful taking of their lands.     

Secularisation: process,program, and historiography

ABSTRACT

Today's dominant academic use of the term ‘secularisation’ refers to an epochal process that transformed a society based on Christian faith to one grounded in human reason. This paper argues that ‘secularisation’ had not been used in this sense prior to the 1830s, and that no such process has been shown to have taken place in early modernity. This new use of the term was in fact internal to rival secularising and sacralising programs. The notion of an epochal rationalisation of society was thus invoked by secularists seeking to turn a factional campaign into an historical process. Their sacralising opponents employed the same strategy when they claimed that this process contained a desecularising counter-current, or that secularisation was secretly grounded in an alienated religion whose de-alienation held the promise of a post-secular age. This suggests that until they can adduce evidence of an epochal rationalisation of society in early modernity, histories of secularisation should be regarded as disguised program-statements for rival cultural-political factions in the present.     

A Shield Loaded with History: Encounters,Objects and Exhibitions

This article discusses an Aboriginal shield in the British Museum which is widely believed to have been used in the first encounter between Lieutenant James Cook's expedition and the Gweagal people at Botany Bay in late April 1770. It traces the ways in which the shield became ‘Cook-related’, and increasingly represented and exhibited in that way. In the wake of its exhibition at the National Museum of Australia in late 2015 and early 2016, the shield gained further public prominence and has become enmeshed within a wider politics of reconciliation. A recent request from the La Perouse Local Aboriginal Land Council to the British Museum to review knowledge about the shield has contributed to a reappraisal of claims about its connection to Cook's 1770 expedition. Preliminary findings of this review are presented. In the process, the article addresses larger questions concerning the politics surrounding the interpretation of the shield as a historically ‘loaded’ object.     

SINGING SUBJECTS AND SACRED OBJECTS: A PSYCHOLOGICAL INTERPRETATION OF THE ‘TRANSFORMATION OF SUBJECTS INTO OBJECTS’ IN CENTRAL AUSTRALIAN MYTH

In an earlier paper published in this journal Nancy Munn's ‘The Transformation of Subjects into Objects in Walbiri and Pitjantjatjara Myth’ was discussed and related to Aranda mythology. This paper commences where the earlier one finished and offers a psychological account of ‘the transformation of subjects into objects’. In particular, it discusses, within a psychoanalytic framework, the relationship between communication, the body and the environment inherent in Aranda myth and rite, suggesting that what Munn calls ‘the a priori grounds’ of the Aboriginal moral order can be understood as a set of dialectical shifts occurring within the life-cycle. These shifts involve the realisation and reconciliation of a number of oppositions, including male and female; earth and sky, death and life; conscious and unconscious; and, in particular, language and speech.     

Criminalising commercial surrogacy in Canada and Australia: the political construction of ‘national consensus’

This article examines the language used to justify a criminal prohibition on commercial surrogacy in Canada and Australia. I demonstrate that legislators in each country framed commercial surrogacy as an area over which there was national ‘consensus’ because of uniquely Canadian and Australian values. This was an effective political strategy, but for different reasons in each country: in Canada, because it fit with frames surrounding healthcare and anti-commercialisation, and in Australia, because the distinction between ‘altruistic’ and ‘commercial’ surrogacy mapped onto broader themes of altruism in Australian society. This suggests that the political use of national frames is especially successful when it taps into pre-existing narratives of what constitutes unacceptable behaviour in a given polity, and when it is attached to criminal prohibitions.     

Timeline History and the Anzac Myth: Settler Narratives of Local History in a North Australian Town

This paper explores rural Australian settler historical narratives through an examination of the landscape of public history in the northwestern Queensland city of Mount Isa. In various sites of public history, including the city's 75th anniversary festivities, tourism sites, and popular historical literature, certain narrative themes are predominant. Themes of ‘discoverers’, ‘firsts’, and ‘pioneers’ coalesce into a ‘timeline’ approach to history, in which the past is ordered sequentially in a linear pattern of development and progress. Aboriginal people are incorporated into linear histories in various ways, notably through the concept of ‘the last of the tribe’, which separates an aboriginal past from a European, colonial present and presumes colonial authority to be effectively established. Aboriginal people, particularly the Kalkadoon, are also incorporated within a second narrative tradition, the Anzac legend, for their heroic, desperate and failed battle in 1884 against European invaders. Aboriginal leaders in Mount Isa use these settler narrative traditions to advance native title claims and to create a respected public space for Aboriginal people in the city. In short, settler historical narratives, while being conservative in language, are continually being reshaped and metaphorically extended to new contexts, and are mobilized for both conservative and critical political agendas..     

Biopolitics meets Terrapolitics: Political Ontologies and Governance in Settler-Colonial Australia

Crises persist in Australian Indigenous affairs because current policy approaches do not address the intersection of Indigenous and European political worlds. This paper responds to this challenge by providing a heuristic device for delineating Settler and Indigenous Australian political ontologies and considering their interaction. It first evokes Settler and Aboriginal ontologies as, respectively, biopolitical (focused through life) and terrapolitical (focused through land). These ideal types help to identify important differences that inform current governance challenges. The paper discusses the entwinement of these traditions as a story of biopolitical dominance wherein Aboriginal people are governed as an ‘included-exclusion’ within the Australian political community. Despite the overall pattern of dominance, this same entwinement offers possibilities for exchange between biopolitics and terrapolitics and, hence, for breaking the recurrent crises of Indigenous affairs.     

The technical is political: settler colonialism and the Australian Indigenous policy system

Contemporary Australian Indigenous policy changes rapidly and regularly fails to deliver its stated aims. Additionally, political and social relationships between Aboriginal and Torres Strait Islander peoples and the Australian state remain complex and contested. This article draws on critical Indigenous theory, alongside the increasingly influential scholarly paradigm of settler colonialism, to draw these two elements together. It highlights the ongoing nature of colonial conflict, and the partisan nature of state institutions and processes. While policy is usually framed as a depoliticised, technical practice of public management for Indigenous wellbeing, I suggest that it also seeks to ‘domesticate’ Aboriginal and Torres Strait Islander peoples, perform their dysfunction and demonstrate state legitimacy. This is especially the case in Australia, which has a long tradition of framing domestic welfare policy – rather than legal agreements – as the ‘solution’ to settler colonial conflict.     

Fishing Lifestyles: ‘Territorians’, Traditional Owners and the Management of Recreational Fishing in Kakadu National Park

The relationships between traditional Aboriginal land owners and other Park users in Kakadu National Park in the Northern Territory are characterised by competing agendas and competing ideas about appropriate ways of relating to the environment. Similarly, the management of recreational fishing in the Park is permeated by the tensions and opposition of contested ideas and perspectives from non‐Aboriginal fishers and Aboriginal traditional owners. The local know‐ledge and rights of ‘Territorians’[non‐Aboriginal Northern Territory residents] are continually pitted against the local knowledge and rights of Aboriginal traditional owners. Under these circumstances, debates between non‐Aboriginal fishers and Aboriginal traditional owners are overwhelmingly dominated by the unequal power relationships created through an alliance between science and the State. The complex and multi‐dimensional nature of Aboriginal traditional owners’ concerns for country renders these concerns invisible or incomprehensible to government, science and non‐Aboriginal fishers who are each guided by very different epistemic commitments. It is a state of affairs that leaves the situated knowledge of Aboriginal traditional owners with a limited authority in the non‐Aboriginal domain and detracts from their ability to manage and care for their homelands.

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Political participation in Australia: contingency in the behaviour and attitudes of citizens

This article explores the idea that a citizen's relationship with their polity is contingent on and liable to change under certain conditions. The assessment of the prospects for political reform requires an understanding of the contingent nature of political engagement. Drawing from a survey of a representative sample of Australians three insights emerge. First, although many Australian citizens are not directly engaged in political actions beyond voting most do present a ‘standby’ role that suggests potential to engage. Second, willingness to shift patterns of engagement may depend on general orientations towards the polity and we find extensive evidence of negative understanding of the political system as well as more positive endorsement of representative political practices. Our third finding is that citizens might be prepared to change their relationship with the polity depending on the kind of politics that is offered; hence providing a creative space for political reform.