Journal articles on the topic 'Aboriginal Australians Civil rights'

On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.

This article considers the interplay between Aboriginal people’s remembrances about race relations in rural mid-twentieth-century Australia and the frames of remembrance provided by the American Civil rights movement. It takes as its focus two key Australian sites of racial segregation – country town cinemas and public swimming pools – to explore the ways in which since, and in no small part due to, the desegregationist politics of the 1960s they have become prominent sites of public memory. Drawing on three examples from a range of media – art, film and published memoirs – the article traces the ways in which different ways of narrating and remembering these ‘twisted spaces’ contributes to and makes possible alternative and at times unsettling interpretations of experiences and histories of relations between Aboriginal and non-Aboriginal people during what is commonly referred to as the ‘assimilation era’.

AbstractThe histories of Australian Aboriginal and African American peoples have been disregarded for more than two centuries. In the 1960s, Aboriginal and African American civil rights activists addressed this neglect. Each endeavoured to write a critical version of history that included their people(s). This article highlights the role of Aboriginal Australian poet Oodgeroo Noonuccal (formerly Kath Walker) (1920–93) and African American poet Sonia Sanchez (born 1934) in reviving their peoples’ history. Using Deleuze and Guattari's concept of ‘minor literature’, the essay shows how these poets deterritorialise the English language and English poetry and exploit their own poetries as counter-histories to record milestone events in the history of their peoples. It will also highlight the importance of these accounts in this ‘history war’. It examines selected poems from Oodgeroo's My People: A Kath Walker Collection and Sanchez's Home Coming and We A BaddDDD People to demonstrate that similarities in their poetic themes are the result of a common awareness of a global movement of black resistance. This shared awareness is significant despite the fact that the poets have different ethnicities and little direct literary impact upon each other.

‘Angledool Stories’ is an ongoing collaboration in public history between an academic and a community historian in a rural Australian indigenous community. The goal has been to investigate whether interactive multi-media offered a means to make oral history recordings, family photos and research materials more accessible to the communities within which such research had been originally undertaken. The research and drafting process has already demonstrated that decisions about the design of the CD-ROM cannot be limited to technical or aesthetic considerations. This paper analyses three aspects of that design process: interface design; oral narrative selection and editing; and image selection and contextualisation. Each of these has required a sensitivity to the continuing tensions arising from colonialism and racial conflict over land and civil rights in Australia. The design decisions have had to be taken at the intersection of the technical, the political and the analytical. An essential and creative ingredient in the design process has proven to be close and continuing consultation with the rural Aboriginal community, which has allowed the political aspects of design questions to become apparent andhas generated options for constructive approaches to their solution.

First Nations peoples in Australia, as in many other colonized countries, were forced to acquired English soon after the arrival of the colonists in their country during the second half of the 18th century. In response to their land dispossession, Indigenous Australian poets adopted and adapted the language and literary forms of colonists to write a politicized literature that tackles fundamental subjects such as land rights, civil, and human rights, to name but a few. Their literary response can be traced back to the early 1800s, and it had continued through the 20th century. One example is the poem “The Stolen Generation” (1985) by Justin Leiber, which has since been considered a motto for the struggle of Aboriginal peoples against obligatory removal of children from Aboriginal families.This paper aims at examining 21th century politicized literary response of Aboriginal poets. It sheds lights on the poetry of Evelyn Araluen as a telling paradigm of decolonial poetics, demonstrating her role in the political struggle of her peoples. Analysing representative poems by the poet, including “decolonial poetics (avant gubba)” and “Runner-up: Learning Bundjalung on Tharawal,” the paper examines the interdisciplinary nature of her poetry, and demonstrates how the poet transgresses the boundaries between poetry and politics, so as to be utilized as an effective tool of political resistance.

This article examines the role of television in Australia’s 1967 referendum, which is widely believed to have given rights to Aboriginal and Torres Strait Islander peoples. It presents an analysis of archival television footage to identify five stories that moved the nation: Australia’s shame, civil rights and global connections, admirable activists, ‘a fair go’ and consensus. It argues that television shaped the wider culture and opened a channel of communication that allowed Indigenous activists and everyday people to speak directly to non-Indigenous people and other First Nations people throughout the land for the first time. The referendum narrative that television did so much to craft and promote marks the shift from an older form of settler nationalism that simply excluded Indigenous people, to an ongoing project that seeks to recognise, respect and ‘reaccredit’ the nation-state through incorporation of Indigenous narratives. We conclude that whereas television is understood to have ‘united’ the nation in 1967, 50 years later seismic shifts in media and society have made the quest for further constitutional reform on Indigenous rights and recognition more sophisticated, diffuse, complex and challenging.

The whole country was trapped in a lie … We were the only truthtellers, as far as we could see. It seldom occurred to us to be afraid. We were sheathed in the fact of our position. It was partly our naiveté which allowed us to leap into this position of freedom, the freedom of absolute right action. I wish I had said that. But it was written in 1988 by Casey Hayden, a female civil rights worker with the Student Nonviolent Coordinating Committee, or ‘Snick’, in the American South of the mid-1960s, remembering that horrific/heroic time of bombings and burnings. In Brisbane, a distant metropolis on the historical bypass, it was nothing as bad as that. No one was murdered — not right then anyway, though there would also be threats, beatings, bombing and arson attacks (and the odd trashing) of leftist personnel, headquarters and bookshops. There would be moments to be afraid. But there is a purer applicability in Hayden's words to the local experience. For there was indeed a whole country trapped in the lie of Vietnam, of ‘White Australia’, of Aboriginal segregative gulags, of the biological fixity of men's and women's uneven positionings, of the sanctity of an intense moral and political censorship, tighter here than just about anywhere in the West: a place where Anzac ruled, sport and politics never mixed and the yawning gulf between Australian values and Australian practices was rarely noticed. A whole traffic-snarl of lies and deception really, and we were the only truth-tellers as far as we could see.

In Australia, public debate about recognition of the nation’s First Australians through constitutional change has highlighted the complexity and sensitivities surrounding Indigenous/state relations at even the most basic level of legal rights. But the unevenness of race relations has meant Aboriginal perspectives on race relations are not well known. This is an obstacle for reconciliation which, by definition, must be a reciprocal process. It is especially problematic in regions with substantial Aboriginal populations, where Indigenous visibility make race relations a matter of everyday experience and discussion. There has been considerable research on how settler Australians view Aboriginal people but little is known about how Aboriginal people view settler Australians or mainstream institutions. This paper presents the findings from an Australian Research Council project undertaken in partnership with Larrakia Nation Aboriginal Corporation. Drawing on in-depth interviews with a cross-section of Darwin’s Aboriginal residents and visitors, it aims to reverse the racial gaze by investigating how respondents view settler Australian politics, values, priorities and lifestyles. Through interviews with Aboriginal people this research provides a basis for settler Australians to discover how they are viewed from an Aboriginal perspective. It repositions the normativity of settler Australian culture, a prerequisite for a truly multicultural society. Our analysis argues the narratives of the participants produce a story of Aboriginal rejection of the White Australian neo-liberal deal of individual advancement through economic pathways of employment and hyper-consumption. The findings support Honneth’s arguments about the importance of intersubjective recognition by pointing to the way misrecognition creates and reinforces social exclusion.

To date, the work of Aboriginal early childhood educators in the mid-twentieth century has not been widely acknowledged. Nancy Barnes, nee Brumbie (1927–2012), exemplifies the strength and tenacity of Aboriginal Australians who had to negotiate their lives and work in white institutions and a society which denied them fundamental human rights. Nancy graduated from the Adelaide Kindergarten Training College in December 1956 as the first qualified Aboriginal kindergarten director in South Australia. Following on, she was the foundation director of Ida Standley Preschool in Alice Springs (1959–1962) then the first ‘regional director’ in the Kindergarten Union of South Australia. Based on traditional archival research and analysis of public documents and Barnes’ autobiography, the article begins with her childhood and youth as a domestic servant and then explores her career, political activism, experiences of racism and lifelong commitment to addressing inequalities between Aboriginal and white Australians through education.

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).

The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.

Murri Courts are a specialist criminal law practice that includes Elders and respected persons of the local Community Justice Group in the sentencing of Aboriginal and Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast Queensland Murri Courts, this article explores the impact of State ordered out-of-home care on Aboriginal and Torres Strait Islander defendants and their children. We show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples to enjoy, maintain, control, protect and develop their kinship ties is recognised under the Human Rights Act 2019 (Qld) and international human rights treaties. We suggest that policymakers and legislators should better recognise and support Community Justice Groups and specialist courts as they provide an important avenue for implementing the rights of Australian Indigenous peoples to recover and maintain their kinship ties.

Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate multicultural Australia!’ My uncomfortable feeling came not only from the fact that I was left out because of my Japanese nationality but also because I had never seen or heard words like ‘shame Japan’, ‘wake up Japan’ or ‘true Japanese are ...’ at Japanese ‘left-wing’ political gatherings. In Japan, these are words used only by right-wing nationalists. Indeed it is difficult to even imagine liberal-left intellectuals in postwar Japan calling for a ‘true Japanese’ political response (as if such a response was positive), such is the extent to which the idea of ‘good nationalism’ is now regarded as an oxymoron. This is my starting point for an essay in which I want to be attentive to the different roles played by national(ism) in the Japanese and Australian political environments.

The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.

Over the past 15 years the voice of protest in Australia has come to be linked synonymously with the black Australian. The nation’s indigenous people have progressively united and, in the strength of unity and growth of support for their claims, have met increasingly resistant Federal and State governments. Unfortunately, the “land rights” issue has dominated the public Aboriginal doctrine, preventing white Australians from being exposed to and appreciating the other important needs and opinions Aboriginal people have.One of these needs is an education system sympathetic to: past, failed attempts at educating indigenous people; the importance of Aboriginal culture as a socio-cultural identifier and educational issue; and the needs Aboriginal children have in terms of curriculum and pedagogy. These fundamental elements are the counterpoints from which any study of the development of Aboriginal education, within Australia, must proceed.

There is growing concern surrounding the retraction of disability social provisioning measures across the western world, with state fiscal policy trends foregrounding austerity as a central principle of welfare provisioning. This is occurring within many of the nation-states that have ratified and legislated rights enshrined by the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This article undertakes a critical analysis of disability income retraction in Australia since the early 2000s and examines these changes for Aboriginal and Torres Strait Islander Australians living with disability by focusing on Article 20 of the CRPD, the right to personal mobility, a core right for people with disabilities and Indigenous peoples. Beyond economic inequality, the article illustrates that the various administrative processes attached to welfare retraction have implications for the realisation of mobility practices that are critical for individual cultural identity and wellbeing. Disability austerity has resulted in a new form of Indigenous containment, fixing Aboriginal and Torres Strait Islander people with disabilities in a cyclical motion of poverty management.

This paper provides an overview of discourses of the movement for national reconciliation prevailing within the Australian socio-political context since the inception of the Council for Aboriginal Reconciliation in 1991, to the national apology delivered by the Prime Minister Kevin Rudd on 13th February 2008. It provides an framework for the various discourses of reconciliation, by exploring and analysing the accrued meanings to such terms such as ‘genuine’, substantive or ‘true’ reconciliation; the Howard’s Government’s ‘practical reconciliation’ and the Rudd government’s great attempt at ‘symbolic’ reconciliation in the national apology to Indigenous Australians. In the changing political context in Australia today this paper revisits the debates on reconciliation, and endeavours to locate the movement solidly within a human rights framework that includes first nation rights. This requires an examination of the roots of the reconciliation movement including community attitudes to reconciliation and the nature of the peoples’ movement as well as the differing perspectives of policy makers, politicians and of course, Indigenous peoples. It asks crucial questions about the progress of reconciliation and the type of reconciliation mainstream Australians will accept. In truth therefore, was the ‘National Apology’ a grand symbolic gesture by mainstream Australia to maintain the status quo and divert our eyes from the more searching questions of the ‘unfinished business’ of ‘substantive’ reconciliation which encompasses first nations rights for Indigenous peoples.

AbstractThe paper analyses the policy process which enabled the successful adoption of Australia's National Aboriginal and Torres Strait Islander Health Plan 2013–2023 (NATSIHP), which is grounded in an understanding of the Social Determinants of Indigenous Health (SDIH). Ten interviews were conducted with key policy actors directly involved in its development. The theories we used to analyse qualitative data were the Advocacy Coalition Framework, the Multiple Streams Approach, policy framing and critical constructionism. We used a complementary approach to policy analysis. The NATSIHP acknowledges the importance of Aboriginal and Torres Strait Islander (hereafter, Aboriginal) culture and the health effects of racism, and explicitly adopts a human-rights-based approach. This was enabled by a coalition campaigning to ‘Close the Gap’ (CTG) in health status between Aboriginal and non-Aboriginal Australians. The CTG campaign, and key Aboriginal health networks associated with it, operated as an effective advocacy coalition, and policy entrepreneurs emerged to lead the policy agenda. Thus, Aboriginal health networks were able to successfully contest conventional problem conceptions and policy framings offered by government policy actors and drive a paradigm shift for Aboriginal health to place SDIH at the centre of the NATSIHP policy. Implications of this research for policy theory and for other policy environments are considered along with suggestions for future research.

Abstract Australian Aboriginal boxer Adrian Blair was one of three Indigenous Australians to compete in the 1964 Tokyo Olympic Games. To that point, no Indigenous Australians had ever participated in the Olympics, not for want of sporting talent but because the racist legislation that stripped them of their basic human rights extended to limited sporting opportunities. The state of Queensland, where Blair lived, had the most repressive laws governing Indigenous people of any state in Australia. The Cherbourg Aboriginal Settlement, a government reserve where Blair grew up as a ward of the state, epitomized the oppressive control exerted over Indigenous people. In this article, we examine Blair's selection for the Olympic Games through the lens of government legislation and changing policy toward Indigenous people. We chart a growing trajectory of boxing in Cherbourg, from the reserve's foundation in 1904 to Blair's appearance in Tokyo sixty years later, which corresponds to policy shifts from “protection” to informal assimilation and, finally, to formal assimilation in the 1960s. The analysis of how Cherbourg boxing developed in these changing periods illustrates the power of sport history for analyzing race relations in settler colonial countries.

This article reports on the findings of a research project that investigated the use of mobile phones and the internet in remote Aboriginal and Torres Strait Islander communities in Australia. Indigenous Australians living in remote areas have previously had little access to and use of the internet (Rennie et al 2013) and are far less likely to access the internet within the home than non-Indigenous Australians (Rennie et al 2010). The proliferation of mobile phone ownership in Indigenous communities in Australian and internationally (Brady et al 2008) is resulting in increased access to the internet via mobile devices, as well as new communication, social and economic implications for phone owners. Using qualitative methodologies, including focus groups and semi-structured interviews in four remote communities, this article explores the ways that remote community members are using mobile phones; their access to online information and social media; and the problems they experience with service provision, bills and connectivity. It reinforces the need for more research into barriers to phone and internet usage by Aboriginal and Torres Strait people in remote areas, as well as the importance of informing remote community members of their telecommunications rights.

AbstractThis article will argue that Aboriginal use of civil disobedience should be legalised within limited circumstances. Aboriginal peoples have constitutional rights under s. 35(1) of the Constitution Act, 1982. The Supreme Court of Canada decided in Haida that if a Canadian government possesses knowledge, real or constructive, that its actions may affect Aboriginal interests that are potentially protected under s. 35(1), that government then has duties towards the Aboriginal peoples concerned. These duties can include giving prior notice of the proposed action, or even interim accommodation of the Aboriginal interests pending final resolution. If the Canadian state undertakes an action that 1) threatens harm to or interference with an Aboriginal interest and 2) in a manner that reflects a failure to uphold its obligations under Haida and 3) the action is commenced before the interim hearing contemplated by Haida can be initiated, Aboriginal peoples should be allowed to have recourse to civil disobedience to block that action. The idea is that the action reflects a failure by the state to uphold the rule of law with respect to Aboriginal rights and therefore should disentitle the state from enforcing such action through criminal prosecution.

This paper presents an Indigenous perspective on the significance of land, culture and Indigenous rights. The United Nations (UN) Declaration on the Rights of Indigenous Peoples promote the importance of traditional Indigenous societies, such as Aboriginal Australians. Participating in caring for country methods and having a close on-going relationship to the land is also supported in this Declaration. As well as this, these principles support the notion of Indigenous education for community, and youth in particular, in places of cultural significance and places of longstanding occupation. All of this lends itself to an Aboriginal way of being in terms of cultural teaching and learning. These principles are incorporated into a performative perspective of traditional pedagogy and the incorporation of cultural practices in a best practice model that can incorporate cultural mapping as an exercise that expounds environmental and ecological perspectives within learning places on the land. Through connection to land and community relationships to cultural knowledge and cultural values, this paper will provide an Indigenous standpoint on Indigenous experiences and senses of place and the importance of the UN Declaration on the Rights of Indigenous Peoples in advancing significant principles and initiatives that value Indigenous ways of being and doing.

Aim. The aim of this article is to analyse Aboriginal myths and discover the relationship between animals and humans in the beliefs of the indigenous Australians. The article attempts to explain how animals are described when compared to people and vice. Furthermore, the author endeavours to establish what the relationship looks like and how it is presented. Methods. As Aboriginal myths and mythologies have been evolving for hundreds and thousands of years, it is not possible to analyse every single myth. Hence, in order to narrow them down, only the myths presented by Alexander Wyclif Reed will be analysed. The analysis will be conducted from the perspective of Animals Studies, with a particular focus on the contemporary ecological views presented by a contemporary representative of an ecological turn and animal rights scholar, Peter Wohlleben. The analysis will focus on three main aspects: parenting/motherly love, instincts, feelings and emotions. Results. The analysis shows that animals were of the utmost importance in the Aboriginal everyday life and most of the time were treated on a par with humans. Just like the Aboriginal point of view, contemporary attitude to Animal Studies attempts to alter the view according to which animals are devoid of feelings and intelligence. Conclusions. Animals seem to have a crucial role in every aspect of Aboriginal everyday life, including religious and social. They were not perceived as lesser or worse; conversely, Aboriginals considered them to be as intelligent and significant as the Aboriginal people themselves.

While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.

This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples (‘First Nations’) by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens ‘Indigenous jurisprudence’ through mechanisms such as self-governance. The proposal is to combine efficiency and equity by guaranteeing the collective rights of Indigenous Australians in accordance with universally recognised principles and norms of international law, such as the UN Declaration on the Rights of Indigenous Peoples (for which the Commonwealth of Australia announced its support in 2009). This in turn is likely to guide a treaty-based approach to the relationship between the Commonwealth and First Nations that can evolve towards legal pluralism.

In lieu of abstract, here is the first paragraph of the article: Oodgeroo of the Tribe of Noonuccal, Custodian of the Land Minjerriba, spent three decades of her life in the public sphere. In the 1960s, known as Kath Walker, she established and consolidated her reputation as a pan-Aboriginal activist and 'people's poet’. Her voice was received as representative of Aboriginal experience and concerns, as she lamented the lack of civil rights, impoverished living conditions, the loss and destruction of traditional cultures and lands. Strident political poems such as ‘Aboriginal Charter of Rights' and 'Oration' were first delivered at political gatherings and became catch- cries for the political struggle of organisations such as the Federal Council for the Advancement of Aboriginal and Torres Strait Islanders (FCAATSI) and the National Tribal Council. However, for the majority of her public life Oodgeroo spurned this title as people's poet, preferring to be known as an 'Educator'.

This article summarizes a number of recent judgments applicable to the energy sector. Topics touched upon include the interpretation of freehold leases, rights of first refusal, farmout and royalty agreements, applicable limitation periods, recent developments in tort and civil procedure, and aboriginal and competition law.

Although the United Nations have established mechanisms to exercise political authority and influence states’ policies and the global civil society puts pressure on their actions, indigenous peoples continue to face discrimination and violations of their rights. Canada constitutes a great example of a democratic country that is supposed to respect and protect human rights but violates the aboriginal rights extensively. The massive energy projects, Coastal GasLink pipeline, Trans Mountain pipeline and Site C dam, being developed in North and West Canada, do not respect the traditional lands and resources of the indigenous populations that live in the region and have been strongly condemned by the First Nations, the actors of the global civil society and the UN. Nonetheless, the Canadian government continues to fully support their construction. This paper aims to analyse the violations conducted against indigenous populations’ lands by the Canadian government and the reaction of the UN and global civil society, using a series of qualitative and quantitative data based on papers, analyses and reports of Institutes, Study Centers and Organizations.

Marine turtles regularly migrate hundreds to thousands of kilometres between nesting beaches and home foraging grounds. Effective conservation of marine turtles requires understanding of migration patterns in order to facilitate regional cooperation across the turtles' migratory range. Indigenous Australians maintain traditional rights and responsibilities for marine turtle management across much of the northern Australian coast. To better understand turtle migrations and identify with whom the Aboriginal people of north-east Arnhem Land (Yolngu) share turtles, we used satellite telemetry to track the migration routes of 20 green turtles (Chelonia mydas) departing from a nesting beach ~45 km south of Nhulunbuy, north-east Arnhem Land, Northern Territory, Australia. All tracked turtles remained within the Gulf of Carpentaria. These results suggest that the foraging habitat for adults of this nesting population may be largely confined to the Gulf, offering an optimistic scenario for green turtle conservation. Given these results and the critical role indigenous people play in conserving and managing marine turtles, we recommend that a formal network of indigenous communities be established as the foundation of a community-based turtle-management strategy for the Gulf of Carpentaria region.

‘Caring for country’ is a term used to describe the complex spiritual affiliation that encompasses the rights and responsibilities that Aboriginal Australians have with their land. It includes their custodial responsibilities for keeping the land healthy and its species abundant. This ontology and associated practice of ‘caring for country’ continues across large sections of the Northern Territory of Australia through customary practice and through the Indigenous Ranger Program. This Program has been described as a ‘two toolbox approach’, which combines traditional ecological knowledge with more conventional land management practice, to manage landscapes for their natural and cultural values. Since 2007 there have been several policy initiatives which have changed the dynamics in Aboriginal communities which in turn has affected the structure of the Indigenous Ranger Program. In response to the dire social conditions facing Aboriginal communities in the Northern Territory, the Commonwealth Government initiated the Northern Territory Emergency Response, which was a ‘top down’ approach with very little community engagement. At around the same time there was a shift in the way Indigenous Rangers jobs were funded. The unintended impact of this was a reduction in the number of Aboriginal people connected to the Ranger Program and potentially less input from culturally appropriate decision makers for land management. Another influencing policy change involved a shift in Commonwealth funding for land management from Natural Heritage Trust to Caring For Our Country funding. This new funding is more targeted and has changed the nature of the Ranger Program to being less ‘program based’ and more ‘outcome based’ by packaging many land management activities as ‘Fee for Service’ contracts. The transformation is taking place in a prescriptive manner. In this paper we advocate a more community-based approach which allows for greater community involvement in planning, decision making and governance.

How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.

The importance of the rangelands, economically, environmentally, and culturally to Australia, is highlighted. Australians need to be more aware of and appreciate new ways of working in pastoralism, environmental management, with Indigenous communities and mining that point the way to better social, economic, cultural and environmental outcomes. Optimism about the future role of the rangelands stems from the changes in Australia that have occurred over the past 50 years, from a country that was legally and socially segregated. Changes started with advocacy of voting rights for Indigenous people in 1961 and continued with the establishment of Aboriginal legal services, the setting up of the National Native Title Tribunal and native title representative bodies, and the founding of Reconciliation Australia. Changes have occurred because people have tried to make things better, not just for themselves but for Australia. Leadership and tireless action from Indigenous people and non-Indigenous collaborators have been powerful forces for change. However, governments continue to often fail those who live and work in areas that are distant from cities. Change needs to continue and everyone who cares about rangelands has a role, in different ways, to nudge the world of the rangelands to a better place.

Group rights have long been of special concern to Canadians. Quebec has maintained a distinct language and civil law system, and Canada's Aboriginal Peoples have always had (“enjoyed” is perhaps the wrong word here) different legal rights from those of other Canadians. Former Prime Minister Pierre Trudeau sought to reduce the significance of these special protections. He argued that they were the product of historical compromise and political wrangling rather than of any principled vision ofjustice. As a result, he opposed any special status for Quebec in favour of nationwide bilingualism, and sought to dismantle the reserve system for the First Nations. He sought to replace both with the idea of universal citizenship.

AbstractThe relationship between scientific knowledge and legal discourse is raised once again by a recent decision of the Supreme Court of Canada, a case involving a young Aboriginal woman who was pregnant and ordered by the court to remain in a drug treatment program at a health center until the baby was born. Her glue-sniffing habit was deemed dangerous to the normal development of the fetus. The Court held that her solvent-dependency did not justify the original court action, but both the Court and the various interveners disregarded the current state of our knowledge on the fetal syndromes. There is thus a continuing disconnect between the scientific understanding of fetal risk and the development of Constitutional law around women's reproductive rights. This paper reviews the case and follows it through the appellate process; we examine the research literature on fetal syndromes tracking the changes over time. Finally we comment on the interventions by the Winnipeg Child and Family Services, the Women's Health Rights Coalition, by The Canadian Civil Liberties Association, and both The Canadian Abortion Rights Action League and the Women's Legal Education and Action Fund.

This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.

Abstract. The focus of this article is the theory of integration advanced by Alan Cairns in his book, Citizens Plus: Aboriginal peoples and the Canadian State. Cairns' theory has had a mixed reception since its publication. Like much scholarship and public policy in the Aboriginal rights field, Citizens Plus has attracted strong proponents and opponents. At present Citizens Plus remains one of the primary competitors vying for influence in guiding the postcolonial reconfiguration of the relationship between Aboriginal peoples, the Canadian state and civil society on terms of justice that may be perceived as legitimate by both Aboriginal and non-Aboriginal peoples. The prime alternative, as conceived by both Cairns and his critics, is the nation-to-nation constitutional vision of the Royal Commission on Aboriginal Peoples. The author provides a political theoretical reading of Citizens Plus. She seeks to disclose the normative and conceptual structure of Cairns' argument and to situate Cairns' theory in the context of debates concerning the future of Aboriginal peoples and the constitution of Canada. This reading foregrounds an alternative interpretation of the relationship between Citizens Plus and the constitutional vision of the Royal Commission on Aboriginal Peoples, which makes it possible to see them as complementary rather than opposed constitutional visions. The author also raises broader questions concerning the reasons for continuing the search, at the heart of Cairns' work, for a post-colonial theory and praxis of normative integration in diverse societies, and the conditions of the possibility of such a theory and praxis. Ultimately the author argues that whether one agrees or disagrees with Cairns' prescription, at a minimum Citizens Plus should be understood as raising a fundamental question to which multinational constitutional theory must respond.Résumé. Le présent article a pour objet d'examiner la théorie avancée par Alan Cairns dans son ouvrage, Citizens Plus : Aboriginal Peoples and the Canadian State. Cette théorie est loin de faire l'unanimité; comme beaucoup d'autres ouvrages ou initiatives dans le domaine des droits autochtones, Citizens Plus a ses partisans et ses détracteurs. À l'heure actuelle, Citizens Plus demeure l'une des principales approches possibles de la redéfinition postcoloniale des relations entre les peuples autochtones et l'État et la société civile canadiens sur le fondement de conditions justes dont la légitimité est susceptible d'être reconnue autant par les peuples autochtones que par les non-autochtones. La vision de relations de nation à nation, telle qu'exprimée par la Commission royale sur les peuples autochtones, est, selon Cairns ainsi que ses détracteurs, la principale alternative à Citizens Plus. Dans le présent article, l'auteure interprète Citizens Plus dans une optique de théorie politique. Elle cherche à faire ressortir la structure normative et conceptuelle de l'argument de Cairns et à situer la théorie de Cairns dans le contexte des débats concernant l'avenir des peuples autochtones et de la constitution canadienne. L'auteure veut ainsi attirer l'attention sur une autre interprétation possible de la relation entre Citizens Plus et la vision de la Commission royale sur les peuples autochtones. Selon cette interprétation, il s'agit de visions complémentaires plutôt que contradictoires. L'auteure soulève également des questions plus générales, concernant les raisons de poursuivre la recherche d'une théorie et d'une praxie d'intégration normative au sein de sociétés empreintes de diversité, ainsi que les conditions de la possibilité d'une telle théorie et d'une telle praxie. Cette recherche est, par ailleurs, au cœur de l'œuvre de Cairns. En dernière analyse, l'auteure soutient que, peu importe que l'on souscrive ou non à ce que Cairns propose, Citizens Plus soulève, à tout le moins, une question fondamentale à laquelle la théorie constitutionnelle multinationale doit répondre.

Claiming that the criminal justice system fails to effectively prohibit protest and civil disobedience, corporate lawyers embrace the pervasive use of injunctions and contempt of court charges in struggles over resource extraction in British Columbia, dubbing this approach the “new normal.” Yet even a cursory review of protest policing in Canada reveals that state intervention in resistance movements is alive and well and that Indigenous peoples and allied social movements are made subject to repression, surveillance, and criminalization through the mechanism of injunctions and contempt, among other legal tools. Based on my direct experience with injunctions and contempt in BC as an activist legal support organizer and a settler ally, this article argues that the reliance on injunctions by extractive industries embroils the courts and police in struggles over public and/or collectively held lands and resources that are nonetheless constructed by the law as private disputes, largely insulated from the reach of constitutionally-derived Aboriginal rights. After tracing the long history of BC’s “injunction habit,” I examine the judicial and policy practices that make the “new normal” claim possible—and show how it is ultimately not accurate. As crucial tools in the legal arsenal of settler-colonial states, injunctions and the subsequent use of contempt charges carve out a distinctly colonial space within Canadian law for the criminalization of Indigenous resistance, facilitating access to resources and lands and easing the operation of extractive capitalism.

The usual postmodern suspicions about diligently deciphering authorial intent or stridently seeking fixed meaning/s and/or binary distinctions in an artistic work aside, this self-indulgent essay pushes the boundaries regarding normative academic research, for it focusses on my own (minimally celebrated) published creative writing’s status as a literary innovation. Dedicated to illuminating some of the less common denominators at play in Australian horror, my paper recalls the creative writing process involved when I set upon the (arrogant?) goal of creating a new genre of creative writing: that of the ‘Aboriginal Fantastic’. I compare my work to the literary output of a small but significant group (2.5% of the population), of which I am a member: Aboriginal Australians. I narrow my focus even further by examining that creative writing known as Aboriginal horror. And I reduce the sample size of my study to an exceptionally small number by restricting my view to one type of Aboriginal horror literature only: the Aboriginal vampire novel, a genre to which I have contributed professionally with the 2011 paperback and 2012 e-book publication of That Blackfella Bloodsucka Dance! However, as this paper hopefully demonstrates, and despite what may be interpreted by some cynical commentators as the faux sincerity of my taxonomic fervour, Aboriginal horror is a genre noteworthy for its instability and worthy of further academic interrogation.Surprising to many, Aboriginal Australian mythology includes at least one truly vampire-like entity, despite Althans’ confident assertion that the Bunyip is “Australia’s only monster” (16) which followed McKee’s equally fearless claim that “there is no blackfella tradition of zombies or vampires” (201). Gelder’s Ghost Stories anthology also only mentions the Bunyip, in a tale narrated by Indigenous man Percy Mumbulla (250). Certainly, neither of these academics claim Indigeneity in their ethnicity and most Aboriginal Australian scholars will happily agree that our heterogeneous Indigenous cultures and traditions are devoid of opera-cape wearing Counts who sleep in coffins or are repelled by crucifix-wielding Catholics. Nevertheless, there are fascinating stories--handed down orally from one generation to the next (Australian Aborigines, of course, have no ancestral writing system)--informing wide-eyed youngsters of bloodsucking, supernatural entities that return from the grave to feed upon still living blackfellas: hence Unaipon describes the red-skinned, fig tree-dwelling monster, the “Yara Ma Yha Who […] which sucks the blood from the victim and leaves him helpless upon the ground” (218). Like most vampires, this monster imparts a similarly monstrous existence upon his prey, which it drains of blood through the suckers on its fingers, not its teeth. Additionally, Reed warns: “Little children, beware of the Yara-ma-yha-who! If you do not behave yourselves and do as you are told, they will come and eat you!” (410), but no-one suggests this horrible creature is actually an undead human.For the purposes of this paper at least, the defining characteristics of a vampire are firstly that it must have once been an ordinary, living human. Secondly, it must have an appetite for human blood. Thirdly, it must have a ghoulish inability to undergo a permanent death (note, zombies, unlike vampires it seems, are fonder of brains than fresh hemoglobin and are particularly easy to dispatch). Thus, according to my criteria, an arguably genuine Aboriginal Australian vampire is referred to when Bunson writes of the Mrart being an improperly buried member of the tribe who has returned after death to feed upon the living (13) and when Cheung notes “a number of vampire-like creatures were feared, most especially the mrart, the ghost of a dead person who attacked victims at night and dragged them away from campsites” (40). Unfortunately, details regarding this “number of vampire-like creatures” have not been collated, nor I fear, in this era of rapidly extinguishing Aboriginal Australian language use, are they ever likely to be.Perhaps the best hope for preservation of these little known treasures of our mythology lies not with anthropologists but with the nation’s Indigenous creative writers. Yet no blackfella novelist, apparently, has been interested in the monstrous, bloodsucking, Aboriginal Undead. Despite being described as dominating the “Black Australian novel” (Shoemaker 1), writer Mudrooroo--who has authored three vampire novels--reveals nothing of Aboriginal Australian vampirology in his texts. Significantly, however, Mudrooroo states that Aboriginal Australian novelists such as he “are devoting their words to the Indigenous existential being” (Indigenous 3). Existentiality, of course, has to do with questions of life, death and dying and, for we Aboriginal Australians, such questions inevitably lead to us addressing the terrible consequences of British invasion and genocide upon our cultural identity, and this is reflected in Mudrooroo’s effective use of the vampire trope in his three ‘Ghost Dreaming’ novels, as they are also known. Mudrooroo’s bloodsuckers, however, are the invading British and Europeans in his extended ‘white man as ghost’ metaphor: they are not sourced from Aboriginal Australian mythology.Mudrooroo does, notably, intertwine his story of colonising vampires in Australia with characters created by Bram Stoker in his classic novel Dracula (1897). He calls his first Aborigine to become a familiar “Renfield” (Undying 93), and even includes a soft-porn re-imagining of an encounter between characters he has inter-textually named “Lucy” and “Mina” (Promised 3). This potential for a contemporary transplantation of Stoker’s European characters to Australia was another aspect I sought to explore in my novel, especially regarding semi-autobiographical writing by mixed-race Aboriginal Australians such as Mudrooroo and myself. I wanted to meta-fictionally insert my self-styled anti-hero into a Stoker-inspired milieu. Thus my work features a protagonist who is confused and occasionally ambivalent about his Aboriginal identity. Brought up as Catholic, as I was, he succumbs to an Australian re-incarnation of Stoker’s Dracula as Anti-Christ and finds himself battling the true-believers of the Catholic Church, including a Moroccan version of Professor Van Helsing and a Buffy-like, quasi-Islamic vampire slayer.Despite his once revered status, Mudrooroo is now exiled from the Australian literary scene as a result of his claim to Indigeneity being (apparently) disproven (see Clark). Illness and old age prevent him from defending the charges, hence it is unlikely that Mudrooroo (or Colin Johnson as he was formerly known) will further develop the Aboriginal Australian vampire trope in his writing. Which situation leaves me to cautiously identify myself as the sole Aboriginal Australian novelist exploring Indigenous vampires in his/her creative writing, as evidenced by my 312 page novel That Blackfella Bloodsucka Dance!, which was a prescribed text in a 2014 Indiana University course on World Literature (Halloran).Set in a contemporary Australia where disparate existential explanations including the Aboriginal Dreamtime, Catholicism, vampirism and atheism all co-exist, the writing of my novel was motivated by the question: ‘How can such incongruent ideologies be reconciled or bridged?’ My personal worldview is influenced by all four of these explanations for the mysteries of life and death: I was brought up in Catholicism but schooled in scientific methodology, which evolved into an insipid atheism. Culturally I was drawn to the gothic novel and developed an intellectual interest in Stoker’sDracula and its significance as a pro-Catholic, covert mission of proselytization (see Starrs 2004), whilst simultaneously learning more of my totem, Garrawi (the Sulphur-crested White Cockatoo), and the Aboriginal Dreamtime legends of my ancestral forebears. Much of my novel concerns questions of identity for a relatively light-complexioned, mixed ancestry Aboriginal Australian such as myself, and the place such individuals occupy in the post-colonial world. Mudrooroo, perhaps, was right in surmising that we Aboriginal Australian authors are devoted to writing about “the Indigenous existential being” for my Aboriginal vampire novel is at least semi-autobiographical and fixated on the protagonist’s attempts to reconcile his atheism with his Dreamtime teachings and Catholicism. But Mudrooroo’s writing differs markedly from my own when it comes to the expectations he has regarding the audience’s acceptance of supernatural themes. He apparently fully believed in the possibility of such unearthly spirits existing, and wrote of the “Maban Reality” whereby supernatural events are entirely tenable in the Aboriginal Australian world-view, and the way these matters are presented suggests he expects the reader to be similarly convinced. With this Zeitgeist, Mudrooroo’s ‘Ghost Dreaming’ novels can be accurately described as Aboriginal Gothic. In this genre, Chanady explains, “the supernatural, as well as highly improbable events, are presented without any comment by the magical realist narrator” ("Magic Realism" 431).What, then, is the meaning of Aboriginal Gothic, given we Aboriginal peoples have no haunted castles or mist-shrouded graveyards? Again according to Chanady, as she set out in her groundbreaking monograph of 1985, in a work of Magical Realism the author unquestioningly accepts the supernatural as credible (10-12), even as, according to Althans, it combines “the magical and realist, into a new perspective of the world, thus offering alternative ways and new approaches to reality” (26). From this general categorisation, Althans proposes, comes the specific genre of Aboriginal Gothic, which is Magical Realism in an Indigenous context that creates a “cultural matrix foreign to a European audience [...] through blending the Gothic mode in its European tradition with the myths and customs of Aboriginal culture” (28-29). She relates the Aboriginal Gothic to Mudrooroo’s Maban Reality due to its acting “as counter-reality, grounded in the earth or country, to a rational worldview and the demands of a European realism” (28). Within this category sit not only the works of Aboriginal Australian novelists such as Mudrooroo, but also more recent novels by Aboriginal Australian writers Kim Scott and Alexis Wright, who occasionally indulge in improbable narratives informed by supernatural beings (while steering disappointingly clear of vampires).But there is more to the Aboriginal Gothic than a naïve acceptance of Maban Reality, or, for that matter, any other Magical Realist treatments of Aboriginal Australian mythology. Typically, the work of Aboriginal Gothic writers speaks to the historical horrors of colonisation. In contrast to the usually white-authored Australian Gothic, in which the land down under was seen as terrifying by the awestruck colonisers, and the Aborigine was portrayed as “more frightening than any European demon” (Turcotte, "Australian Gothic" 10), the Aboriginal Gothic sometimes reverses roles and makes the invading white man the monster. The Australian Gothic was for Aborigines, “a disabling, rather than enabling, discourse” (Turcotte, "Australian Gothic" 10) whilst colonial Gothic texts egregiously portrayed the colonised subject as a fearsome and savage Other. Ostensibly sub-human, from a psychoanalytic point of view, the Aborigine may even have symbolised the dark side of the British settler, but who, in the very act of his being subjugated, assures the white invader of his racial superiority, moral integrity and righteous identity. However, when Aboriginal Australian authors reiterate, when we subjugated savages wrestle the keyboard away, readers witness the Other writing back, critically. Receivers of our words see the distorted and silencing master discourse subverted and, indeed, inverted. Our audiences are subjectively repositioned to see the British Crown as the monster. The previously presumed civil coloniser is instead depicted as the author and perpetrator of a violently racist, criminal discourse, until, eventually, s/he is ultimately ‘Gothicised’: eroded and made into the Other, the villainous, predatory savage. In this style of vicious literary retaliation Mudrooroo excelled. Furthermore, as a mixed ancestry Aborigine, like myself, Mudrooroo represented in his very existence, the personification of Aboriginal Gothic, for as Idilko Riendes writes, “The half caste is reminiscent of the Gothic monstrous, as the half caste is something that seems unnatural at first, evoking fears” (107). Perhaps therein lies a source of the vehemency with which some commentators have pilloried Mudrooroo after the somewhat unconvincing evidence of his non-Indigeneity? But I digress from my goal of explicating the meaning of the term Aboriginal Gothic.The boundaries of any genre are slippery and one of the features of postmodern literature is its deliberate blurring of boundaries, hence defining genres is not easy. Perhaps the Gothic can be better understood when the meaning of its polar opposite, the Fantastic, is better understood. Ethnic authorial controversies aside and returning to the equally shady subject of authorial intent, in contrast to the Aboriginal Gothic of novelists Mudrooroo, Scott and Wright, and their accepting of the supernatural as plausible, the Fantastic in literature is characterised by an enlightened rationality in which the supernatural is introduced but ultimately rejected by the author, a literary approach that certainly sits better with my existential atheism. Chanady defined and illustrated the genre as follows: “the fantastic […] reaffirmed hegemonic Western rational paradigms by portraying the supernatural in a contradictory manner as both terrifying and logically impossible […] My examples of the fantastic were drawn from the work of major French writers such as Merimee and Maupassant” ("Magic Realism" 430). Unfortunately, Chanady was unable to illustrate her concept of the Fantastic with examples of Aboriginal horror writing. Why? Because none existed until my novel was published. Whereas Mudrooroo, Scott and Wright incorporated the Magical Realism of Aboriginal Australian mythology into their novels, and asked their readers to accept it as not only plausible but realistic and even factual, I wanted to create a style that blends Aboriginal mythology with the European tradition of vampires, but ultimately rejects this “cultural matrix” due to enlightened rationality, as I deliberately and cynically denounce it all as fanciful superstition.Certainly, the adjective “fantastic” is liberally applied to much of what we call Gothic horror literature, and the sub-genre of Indigenous vampire literature is not immune to this confusion, with non-Australian Indigenous author Aaron Carr’s 1995 Native American vampire novel, The Eye Killers, unhelpfully described in terms of the “fantastic nature of the genre” (Tillett 149). In this novel,Carr exposes contemporary Native American political concerns by skillfully weaving multiple interactive dialogues with horror literature and film, contemporary U.S. cultural preoccupations, postmodern philosophies, traditional vampire lore, contemporary Native literature, and Native oral traditions. (Tillett 150)It must be noted, however, that Carr does not denounce the supernatural vampire and its associated folklore, be it European or Laguna/Kerasan/Navajo, as illogical or fanciful. This despite his “dialogues with […] contemporary U.S. cultural preoccupations [and] postmodern philosophies”. Indeed, the character “Diana” at one stage pretends to pragmatically denounce the supernatural whilst her interior monologue strenuously defends her irrational beliefs: the novel reads: “‘Of course there aren’t any ghosts,’ Diana said sharply, thinking: Of course there were ghosts. In this room. Everywhere” (197). In taking this stock-standard approach of expecting the reader to believe wholeheartedly in the existence of the Undead, Carr locates his work firmly in the Aboriginal Gothic camp and renders commentators such as Tillett liable to be called ignorant and uninformed when they label his work fantastic.The Aboriginal Gothic would leave the reader convinced a belief in the supernatural is non-problematic, whereas the Aboriginal Fantastic novel, where it exists, would, while enjoying the temporary departure from the restraints of reality, eventually conclude there are no such things as ghosts or vampires. Thus, my Aboriginal Fantastic novel That Blackfella Bloodsucka Dance! was intended from the very beginning of the creative writing process to be an existentially diametric alternative to Magical Realism and the Aboriginal Gothic (at least in its climactic denouement). The narrative features a protagonist who, in his defeat, realises the danger in superstitious devotion and in doing so his interior monologue introduces to the literary world the new Aboriginal Fantastic genre. Despite a Foucauldian emphasis in most of my critical analysis in which an awareness of the constructed status and nature of the subject/focus of knowledge undermines the foundations of any reductive typology, I am unhesitant in my claim to having invented a new genre of literature here. Unless there is, undiscovered by my research, a yet-to-be heralded work of Aboriginal horror that recognises the impossibility of its subject, my novel is unique even while my attitude might be decried as hubristic. I am also cognizant of the potential for angry feedback from my Aboriginal Australian kin, for my innovative genre is ultimately denigrating of all supernatural devotion, be it vampiric or Dreamtime. Aboriginal Fantastic writing rejects such mythologies as dangerous, fanciful superstition, but I make the (probably) too-little-too-late defence that it rejects the Indigenous existential rationale somewhat less vigorously than it rejects the existential superstitions of Catholicism and/or vampirism.This potential criticism I will forbear, perhaps sullenly and hopefully silently, but I am likely to be goaded to defensiveness by those who argue that like any Indigenous literature, Aboriginal Australian writing is inherently Magical Realist, and that I forsake my culture when I appeal to the rational. Chanady sees “magic realism as a mode that expresses important points of view, often related to marginality and subalternity” ("Magic Realism" 442). She is not alone in seeing it as the generic cultural expression of Indigenous peoples everywhere, for Bhabha writes of it as being the literature of the postcolonial world (6) whilst Rushdie sees it as the expression of a third world consciousness (301). But am I truly betraying my ancestral culture when I dismiss the Mrart as mere superstition? Just because it has colour should we revere ‘black magic’ over other (white or colourless) superstitions? Should we not suspect, as we do when seated before stage show illusionists, some sleight of (writing) hand? Some hidden/sub-textual agenda meant to entertain not educate? Our world has many previously declared mysteries now easily explained by science, and the notion of Earth being created by a Rainbow Serpent is as farcical to me as the notion it was created a few thousand years ago in seven days by an omniscient human-like being called God. If, in expressing this dubiousness, I am betraying my ancestors, I can only offer detractors the feeble defence that I sincerely respect their beliefs whilst not personally sharing them. I attempt no delegitimising of Aboriginal Australian mythology. Indeed, I celebrate different cultural imaginaries for they make our quotidian existence more colourful and enjoyable. There is much pleasure to be had in such excursions from the pedantry of the rational.Another criticism I might hear out--intellectually--would be: “Most successful literature is Magical Realist, and supernatural stories are irresistible”, a truism most commercially successful authors recognise. But my work was never about sales, indeed, the improbability of my (irresistible?) fiction is didactically yoked to a somewhat sanctimonious moral. My protagonist realises the folly and danger in superstitious devotion, although his atheistic epiphany occurs only during his last seconds of life. Thus, whilst pushing this barrow of enlightened rationality, my novel makes a somewhat original contribution to contemporary Australian culture, presenting in a creative writing form rather than anthropological report, an understanding of the potential for melding Aboriginal mythology with Catholicism, the “competing Dreamtimes, white and black” as Turcotte writes ("Re-mastering" 132), if only at the level of ultimately accepting, atheistically, that all are fanciful examples of self-created beyond-death identity, as real--or unreal--as any other religious meme. Whatever vampire literature people read, most such consumers do not believe in the otherworldly antagonists, although there is profound enjoyment to be had in temporarily suspending disbelief and even perpetuating the meme into the mindsets of others. Perhaps, somewhere in the sub-conscious, pre-rational recesses of our caveman-like brains, we still wonder if such supernatural entities reflect a symbolic truth we can’t quite apprehend. Instead, we use a totemic figure like the sultry but terrifying Count Dracula as a proxy for other kinds of primordial anxieties we cannot easily articulate, whether that fear is the child rapist on the loose or impending financial ruin or just the overwhelming sense that our contemporary lifestyles contain the very seeds of our own destruction, and we are actively watering them with our insouciance.In other words, there is little that is new in horror. Yes, That Blackfella Bloodsucka Dance! is an example of what I call the new genre of Aboriginal Fantastic but that claim is not much of an original contribution to knowledge, other than being the invention of an extra label in an unnecessarily formalist/idealist lexicon of literary taxonomy. Certainly, it will not create a legion of fans. But these days it is difficult for a novelist to find anything really new to write about, genre-wise, and if there is a reader prepared to pay hard-earned money for a copy, then I sincerely hope they do not feel they have purchased yet another example of what the HBO television show Californication’s creative writing tutor Hank Moody (David Duchovny) derides as “lame vampire fiction” (episode 2, 2007). I like to think my Aboriginal Fantastic novel has legs as well as fangs. References Althans, Katrin. Darkness Subverted: Aboriginal Gothic in Black Australian Literature and Film. Bonn: Bonn UP, 2010. Bhabha, Homi. Nation and Narration. London and New York: Routledge, 1990. Bunson, Matthew. The Vampire Encyclopedia. New York: Gramercy Books, 1993. Carr, Aaron A. Eye Killers. Norman: U of Oklahoma P, 1995. Chanady, Amaryll. Magical Realism and the Fantastic: Resolved versus Unresolved Antinomy. New York: Garland Publishing, 1985. Chanady, Amaryll. “Magic Realism Revisited: The Deconstruction of Antinomies.” Canadian Review of Comparative Literature (June 2003): 428-444. Cheung, Theresa. The Element Encyclopaedia of Vampires. London: Harper Collins, 2009. Clark, Maureen. Mudrooroo: A Likely Story: Identity and Belonging in Postcolonial Australia. Frankfurt: Peter Lang, 2007. Gelder, Ken. The Oxford Book of Australian Ghost Stories. Oxford: Oxford UP, 1994. Halloran, Vivien. “L224: Introduction to World Literatures in English.” Department of English, Indiana University, 2014. 2 Aug. 2014 ‹http://www.indiana.edu/~engweb/undergradCourses_spring.shtml›. McKee, Alan. “White Stories, Black Magic: Australian Horror Films of the Aboriginal.”Aratjara: Aboriginal Culture and Literature in Australia. Eds. Dieter Riemenschneider and Geoffrey V. Davis. Amsterdam: Rodopi Press (1997): 193-210. Mudrooroo. The Indigenous Literature of Australia. Melbourne: Hyland House, 1997. Mudrooroo. The Undying. Sydney: Harper Collins, 1998. Mudrooroo. The Promised Land. Sydney: Harper Collins, 2000. Reed, Alexander W. Aboriginal Myths, Legends and Fables. Sydney: Reed New Holland, 1999. Riendes, Ildiko. “The Use of Gothic Elements as Manifestations of Regaining Aboriginal Identity in Kim Scott’s Benang: From the Heart.” Topos 1.1 (2012): 100-114. Rushdie, Salman. “Gabriel Garcia Marquez.” Imaginary Homelands: Essays and Criticism 1981-1991. London: Granta and Penguin Books, 1991. Shoemaker, Adam. Mudrooroo. Sydney: Harper Collins, 1993. Starrs, D. Bruno. “Keeping the Faith: Catholicism in Dracula and its Adaptations.” Journal of Dracula Studies 6 (2004): 13-18. Starrs, D. Bruno. That Blackfella Bloodsucka Dance! Saarbrücken, Germany: Just Fiction Edition (paperback), 2011; Starrs via Smashwords (e-book), 2012. Tillett, Rebecca. “‘Your Story Reminds Me of Something’: Spectacle and Speculation in Aaron Carr’s Eye Killers.” Ariel: A Review of International English Literature 33.1 (2002): 149-73. Turcotte, Gerry. “Australian Gothic.” Faculty of Arts — Papers, University of Wollongong, 1998. 2 Aug. 2014 ‹http://ro.uow.edu.au/artspapers/60/›. Turcotte, Gerry. “Re-mastering the Ghosts: Mudrooroo and Gothic Refigurations.” Mongrel Signatures: Reflections on the Work of Mudrooroo. Ed. Annalisa Oboe. Amsterdam: Rodopi Press (2003): 129-151. Unaipon, David. Legendary Tales of the Australian Aborigines. Eds. Stephen Muecke and Adam Shoemaker. Carlton: The Miegunyah Press, 2006.

‘Historiographic Metafiction’ (HM) is a literary term first coined by creative writing academic Linda Hutcheon in 1988, and which refers to the postmodern practice of a fiction author inserting imagined--or illegitimate--characters into narratives that are intended to be received as authentic and historically accurate, that is, ostensibly legitimate. Such adventurous and bold authorial strategies frequently result in “novels which are both intensely self-reflexive and yet paradoxically also lay claim to historical events and personages” (Hutcheon, A Poetics 5). They can be so entertaining and engaging that the overtly intertextual, explicitly inventive work of biographical HM can even change the “hegemonic discourse of history” (Nunning 353) for, as Philippa Gregory, the author of HM novel The Other Boleyn Girl (2001), has said regarding this genre of creative writing: “Fiction is about imagined feelings and thoughts. History depends on the outer life. The novel is always about the inner life. Fiction can sometimes do more than history. It can fill the gaps” (University of Sussex). In a way, this article will be filling one of the gaps regarding HM.Forrest Gump (Robert Zemeckis, 1994) is possibly the best known cinematic example of HM, and this film version of the 1986 novel by Winston Groom particularly excels in seamlessly inserting images of a fictional character into verified history, as represented by well-known television newsreel footage. In Zemeckis’s adaptation, gaps were created in the celluloid artefact and filled digitally with images of the actor, Tom Hanks, playing the eponymous role. Words are often deemed less trustworthy than images, however, and fiction is considered particularly unreliable--although there are some exceptions conceded. In addition to Gregory’s novel; Midnight’s Children (1980) by Salman Rushdie; The Name of the Rose (1983) by Umberto Eco; and The Flashman Papers (1969-2005) by George MacDonald Fraser, are three well-known, loved and lauded examples of literary HM, which even if they fail to convince the reader of their bona fides, nevertheless win a place in many hearts. But despite the genre’s popularity, there is nevertheless a conceptual gap in the literary theory of Hutcheon given her (perfectly understandable) inability in 1988 to predict the future of e-publishing. This article will attempt to address that shortcoming by exploring the potential for authors of HM e-novels to use hyperlinks which immediately direct the reader to fact providing webpages such as those available at the website Wikipedia, like a much speedier (and more independent) version of the footnotes in Fraser’s Flashman novels.Of course, as Roland Barthes declared in 1977, “the text is a tissue of quotations drawn from innumerable centres of culture” (146) and, as per any academic work that attempts to contribute to knowledge, a text’s sources--its “quotations”--must be properly identified and acknowledged via checkable references if credibility is to be securely established. Hence, in explaining the way claims to fact in the HM novel can be confirmed by independently published experts on the Internet, this article will also address the problem Hutcheon identifies, in that for many readers the entirety of the HM novel assumes questionable authenticity, that is, the novel’s “meta-fictional self-reflexivity (and intertextuality) renders their claims to historical veracity somewhat problematic, to say the least” ("Historiographic Metafiction: Parody", 3). This article (and the PhD in creative writing I am presently working on at Murdoch University in Perth, Western Australia) will possibly develop the concept of HM to a new level: one at which the Internet-connected reader of the hyperlinked e-novel is made fully (and even instantly) aware of those literary elements of the narrative that are legitimate and factual as distinct from those that are fictional, that is, illegitimate. Furthermore, utilising examples from my own (yet-to-be published) hyperlinked HM e-novel, this article demonstrates that such hyperlinking can add an ironic sub-text to a fictional character’s thoughts and utterances, through highlighting the reality concerning their mistaken or naïve beliefs, thus creating HM narratives that serve an entertainingly complex yet nevertheless truly educational purpose.As a relatively new and under-researched genre of historical writing, HM differs dramatically from the better known style of standard historical or biographical narrative, which typically tends to emphasise mimesis, the cataloguing of major “players” in historical events and encyclopaedic accuracy of dates, deaths and places. Instead, HM involves the re-contextualisation of real-life figures from the past, incorporating the lives of entirely (or, as in the case of Gregory’s Mary Boleyn, at least partly) fictitious characters into their generally accepted famous and factual activities, and/or the invention of scenarios that gel realistically--but entertainingly--within a landscape of well-known and well-documented events. As Hutcheon herself states: “The formal linking of history and fiction through the common denominators of intertextuality and narrativity is usually offered not as a reduction, as a shrinking of the scope and value of fiction, but rather as an expansion of these” ("Intertextuality", 11). Similarly, Gregory emphasises the need for authors of HM to extend themselves beyond the encyclopaedic archive: “Archives are not history. The trouble with archives is that the material is often random and atypical. To have history, you have to have a narrative” (University of Sussex). Functionally then, HM is an intertextual narrative genre which serves to communicate to a contemporary audience an expanded story or stories of the past which present an ultimately more self-reflective, personal and unpredictable authorship: it is a distinctly auteurial mode of biographical history writing for it places the postmodern author’s imaginative “signature” front and foremost.Hutcheon later clarified that the quest for historical truth in fiction cannot possibly hold up to the persuasive powers of a master novelist, as per the following rationale: “Fact is discourse-defined: an event is not” ("Historiographic Metafiction", 843). This means, in a rather simplistic nutshell, that the new breed of HM novel writer is not constrained by what others may call fact: s/he knows that the alleged “fact” can be renegotiated and redefined by an inventive discourse. An event, on the other hand, is responsible for too many incontrovertible consequences for it to be contested by her/his mere discourse. So-called facts are much easier for the HM writer to play with than world changing events. This notion was further popularised by Ansgar Nunning when he claimed the overtly explicit work of HM can even change the “hegemonic discourse of history” (353). HM authors can radically alter, it seems, the way the reader perceives the facts of history especially when entertaining, engaging and believable characters are deliberately devised and manipulated into the narrative by the writer. Little wonder, then, that Hutcheon bemoans the unfortunate reality that for many readers the entirety of a HM work assumes questionable “veracity” due to its author’s insertion of imaginary and therefore illegitimate personages.But there is an advantage to be found in this, the digital era, and that is the Internet’s hyperlink. In our ubiquitously networked electronic information age, novels written for publication as e-books may, I propose, include clickable links on the names of actual people and events to Wikipedia entries or the like, thus strengthening the reception of the work as being based on real history (the occasional unreliability of Wikipedia notwithstanding). If picked up for hard copy publication this function of the HM e-novel can be replicated with the inclusion of icons in the printed margins that can be scanned by smartphones or similar gadgets. This small but significant element of the production reinforces the e-novel’s potential status as a new form of HM and addresses Hutcheon’s concern that for HM novels, their imaginative but illegitimate invention of characters “renders their claims to historical veracity somewhat problematic, to say the least” ("Historiographic Metafiction: Parody", 3).Some historic scenarios are so little researched or so misunderstood and discoloured by the muddy waters of time and/or rumour that such hyperlinking will be a boon to HM writers. Where an obscure facet of Australian history is being fictionalised, for example, these edifying hyperlinks can provide additional background information, as Glenda Banks and Martin Andrew might have wished for when they wrote regarding Bank’s Victorian goldfields based HM novel A Respectable Married Woman. This 2012 printed work explores the lives of several under-researched and under-represented minorities, such as settler women and Aboriginal Australians, and the author Banks lamented the dearth of public awareness regarding these peoples. Indeed, HM seems tailor-made for exposing the subaltern lives of those repressed individuals who form the human “backdrop” to the lives of more famous personages. Banks and Andrew explain:To echo the writings of Homi K. Bhaba (1990), this sets up a creative site for interrogating the dominant, hegemonic, ‘normalised’ master narratives about the Victorian goldfields and ‘re-membering’ a marginalised group - the women of the goldfields, the indigenous [sic], the Chinese - and their culture (2013).In my own hyperlinked short story (presently under consideration for publishing elsewhere), which is actually a standalone version of the first chapter of a full-length HM e-novel about Aboriginal Australian activists Eddie Mabo and Chicka Dixon and the history of the Aboriginal Tent Embassy in Canberra, entitled The Bullroarers, I have focussed on a similarly under-represented minority, that being light-complexioned, mixed race Aboriginal Australians. My second novel to deal with Indigenous Australian issues (see Starrs, That Blackfella Bloodsucka Dance), it is my first attempt at writing HM. Hopefully avoiding overkill whilst alerting readers to those Wikipedia pages with relevance to the narrative theme of non-Indigenous attitudes towards light-complexioned Indigenous Australians, I have inserted a total of only six hyperlinks in this 2200-word piece, plus the explanatory foreword stating: “Note, except where they are well-known place names or are indicated as factual by the insertion of Internet hyperlinks verifying such, all persons, organisations, businesses and places named in this text are entirely fictitious.”The hyperlinks in my short story all take the reader not to stubs but to well-established Wikipedia pages, and provide for the uninformed audience the following near-unassailable facts (i.e. events):The TV program, A Current Affair, which the racist character of the short story taken from The Bullroarers, Mrs Poulter, relies on for her prejudicial opinions linking Aborigines with the dealing of illegal drugs, is a long-running, prime-time Channel Nine production. Of particular relevance in the Wikipedia entry is the comment: “Like its main rival broadcast on the Seven Network, Today Tonight, A Current Affair is often considered by media critics and the public at large to use sensationalist journalism” (Wikipedia, “A Current Affair”).The Aboriginal Tent Embassy, located on the lawns opposite the Old Parliament House in Canberra, was established in 1972 and ever since has been the focus of Aboriginal Australian land rights activism and political agitation. In 1995 the Australian Register of the National Estate listed it as the only Aboriginal site in Australia that is recognised nationally for representing Aboriginal and Torres Strait Islander people and their political struggles (Wikipedia, “The Aboriginal Tent Embassy”).In 1992, during an Aboriginal land rights case known as Mabo, the High Court of Australia issued a judgment constituting a direct overturning of terra nullius, which is a Latin term meaning “land belonging to no one”, and which had previously formed the legal rationale and justification for the British invasion and colonisation of Aboriginal Australia (Wikipedia, “Terra Nullius”).Aboriginal rights activist and Torres Strait Islander, Eddie Koiki Mabo (1936 to 1992), was instrumental in the High Court decision to overturn the doctrine of terra nullius in 1992. In that same year, Eddie Mabo was posthumously awarded the Australian Human Rights Medal in the Human Rights and Equal Opportunity Commission Awards (Wikipedia, “Eddie Mabo”).The full name of what Mrs Poulter blithely refers to as “the Department of Families and that” is the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs (Wikipedia, “The Department of Families, Housing, Community Services and Indigenous Affairs”).The British colonisation of Australia was a bloody, murderous affair: “continuous Aboriginal resistance for well over a century belies the ‘myth’ of peaceful settlement in Australia. Settlers in turn often reacted to Aboriginal resistance with great violence, resulting in numerous indiscriminate massacres by whites of Aboriginal men, women and children” (Wikipedia, “History of Australia (1788 - 1850)”).Basically, what is not evidenced empirically with regard to the subject matter of my text, that is, the egregious attitudes of non-Indigenous Australians towards Indigenous Australians, can be extrapolated thanks to the hyperlinks. This resonates strongly with Linda Tuhiwai Smith’s assertion in 2012 that those under-represented by mainstream, patriarchal epistemologies need to be engaged in acts of “reclaiming, reformulating and reconstituting” (143) so as to be re-presented as authentic identities in these HM artefacts of literary research.Exerting auteurial power as an Aboriginal Australian author myself, I have sought to imprint on my writing a multi-levelled signature pertaining to my people’s under-representation: there is not just the text I have created but another level to be considered by the reader, that being my careful choice of Wikipedia pages to hyperlink certain aspects of the creative writing to. These electronic footnotes serve as politically charged acts of “reclaiming, reformulating and reconstituting” Aboriginal Australian history, to reuse the words of Smith, for when we Aboriginal Australian authors reiterate, when we subjugated savages wrestle the keyboard away from the colonising overseers, our readers witness the Other writing back, critically. As I have stated previously (see Starrs, "Writing"), receivers of our words see the distorted and silencing master discourse subverted and, indeed, inverted. Our audiences are subjectively repositioned to see the British Crown as the monster. The previously presumed rational, enlightened and civil coloniser is instead depicted as the author and perpetrator of a violently racist, criminal discourse, until, eventually, s/he is ultimately eroded and made into the Other: s/he is rendered the villainous, predatory savage by the auteurial signatures in revisionist histories such as The Bullroarers.Whilst the benefit in these hyperlinks as electronic educational footnotes in my short story is fairly obvious, what may not be so obvious is the ironic commentary they can make, when read in conjunction with the rest of The Bullroarers. Although one must reluctantly agree with Wayne C. Booth’s comment in his classic 1974 study A Rhetoric of Irony that, in some regards, “the very spirit and value [of irony] are violated by the effort to be clear about it” (ix), I will nevertheless strive for clarity and understanding by utilizing Booth’s definition of irony “as something that under-mines clarities, opens up vistas of chaos, and either liberates by destroying all dogmas or destroys by revealing the inescapable canker of negation at the heart of every affirmation” (ix). The reader of The Bullroarers is not expecting the main character, Mrs Poulter, to be the subject of erosive criticism that destroys her “dogmas” about Aboriginal Australians--certainly not so early in the narrative when it is unclear if she is or is not the protagonist of the story--and yet that’s exactly what the hyperlinks do. They expose her as hopelessly unreliable, laughably misinformed and yes, unforgivably stupid. They reveal the illegitimacy of her beliefs. Perhaps the most personally excoriating of these revelations is provided by the link to the Wikipedia entry on the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs, which is where her own daughter, Roxy, works, but which Mrs Poulter knows, gormlessly, as “the Department of Families and that”. The ignorant woman spouts racist diatribes against Aboriginal Australians without even realising how inextricably linked she and her family, who live at the deliberately named Boomerang Crescent, really are. Therein lies the irony I am trying to create with my use of hyperlinks: an independent, expert adjudication reveals my character, Mrs Poulter, and her opinions, are hiding an “inescapable canker of negation at the heart of every affirmation” (Booth ix), despite the air of easy confidence she projects.Is the novel-reading public ready for these HM hyperlinked e-novels and their potentially ironic sub-texts? Indeed, the question must be asked: can the e-book ever compete with the tactile sensations a finely crafted, perfectly bound hardcover publication provides? Perhaps, if the economics of book buying comes into consideration. E-novels are cheap to publish and cheap to purchase, hence they are becoming hugely popular with the book buying public. Writes Mark Coker, the founder of Smashwords, a successful online publisher and distributor of e-books: “We incorporated in 2007, and we officially launched the business in May 2008. In our first year, we published 140 books from 90 authors. Our catalog reached 6,000 books in 2009, 28,800 in 2010, 92,000 in 2011, 191,000 in 2012 and as of this writing (November 2013) stands at over 250,000 titles” (Coker 2013). Coker divulged more about his company’s success in an interview with Forbes online magazine: “‘It costs essentially the same to pump 10,000 new books a month through our network as it will cost to do 100,000 a month,’ he reasons. Smashwords book retails, on average, for just above $3; 15,000 titles are free” (Colao 2012).In such a burgeoning environment of technological progress in publishing I am tempted to say that yes, the time of the hyperlinked e-novel has come, and to even predict that HM will be a big part of this new wave of postmodern literature. The hyperlinked HM e-novel’s strategy invites the reader to reflect on the legitimacy and illegitimacy of different forms of narrative, possibly concluding, thanks to ironic electronic footnoting, that not all the novel’s characters and their commentary are to be trusted. Perhaps my HM e-novel will, with its untrustworthy Mrs Poulter and its little-known history of the Aboriginal Tent Embassy addressed by gap-filling hyperlinks, establish a legitimising narrative for a people who have traditionally in white Australian society been deemed the Other and illegitimate. Perhaps The Bullroarers will someday alter attitudes of non-Indigenous Australians to the history and political activities of this country’s first peoples, to the point even, that as Nunning warns, we witness a change in the “hegemonic discourse of history” (353). If that happens we must be thankful for our Internet-enabled information age and its concomitant possibilities for hyperlinked e-publications, for technology may be separated from the world of art, but it can nevertheless be effectively used to recreate, enhance and access that world, to the extent texts previously considered illegitimate achieve authenticity and veracity.ReferencesBanks, Glenda. A Respectable Married Woman. Melbourne: Lacuna, 2012.Banks, Glenda, and Martin Andrew. “Populating a Historical Novel: A Case Study of a Practice-led Research Approach to Historiographic Metafiction.” Bukker Tillibul 7 (2013). 19 Sep. 2014 ‹http://bukkertillibul.net/Text.html?VOL=7&INDEX=2›.Barthes, Roland. Image, Music, Text. Trans. Stephen Heath. London: Fontana Press, 1977.Booth, Wayne C. A Rhetoric of Irony. Chicago: U of Chicago P, 1974.Colao, J.J. “Apple’s Biggest (Unknown) Supplier of E-books.” Forbes 7 June 2012. 19 Sep. 2014 ‹http://www.forbes.com/sites/jjcolao/2012/06/07/apples-biggest-unknown-supplier-of-e-books/›.Coker, Mark. “Q & A with Smashwords Founder, Mark Coker.” About Smashwords 2013. 19 Sep. 2014 ‹https://www.smashwords.com/about›.Eco, Umberto. The Name of the Rose. Trans. William Weaver, San Diego: Harcourt, 1983.Forrest Gump. Dir. Robert Zemeckis. Paramount Pictures, 1994.Fraser, George MacDonald. The Flashman Papers. Various publishers, 1969-2005.Groom, Winston. Forrest Gump. NY: Doubleday, 1986.Gregory, Philippa. The Other Boleyn Girl. UK: Scribner, 2001.Hutcheon, Linda. A Poetics of Postmodernism: History, Theory, Fiction, 2nd ed. Abingdon, UK: Taylor and Francis, 1988.---. “Intertextuality, Parody, and the Discourses of History: A Poetics of Postmodernism History, Theory, Fiction.” 1988. 19 Sep. 2014 ‹http://ieas.unideb.hu/admin/file_3553.pdf›.---. “Historiographic Metafiction: Parody and the Intertextuality of History.” Eds. P. O’Donnell and R.C. Davis, Intertextuality and Contemporary American Fiction. Baltimore, Maryland: John Hopkins UP, 1989. 3-32.---. “Historiographic Metafiction.” Ed. Michael McKeon, Theory of the Novel: A Historical Approach Baltimore, Maryland: Johns Hopkins UP, 2000. 830-50.Nunning, Ansgar. “Where Historiographic Metafiction and Narratology Meet.” Style 38.3 (2004): 352-75.Rushdie, Salman. Midnight’s Children. London: Jonathan Cape, 1980.Starrs, D. Bruno. That Blackfella Bloodsucka Dance! Saarbrücken, Germany: Just Fiction Edition (paperback), 2011; Starrs via Smashwords (e-book), 2012.---. “Writing Indigenous Vampires: Aboriginal Gothic or Aboriginal Fantastic?” M/C Journal 17.4 (2014). 19 Sep. 2014 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/834›.Tuhiwai Smith, Linda. Decolonizing Methodologies. London & New York: Zed Books, 2012.University of Sussex. “Philippa Gregory Fills the Historical Gaps.” University of Sussex Alumni Magazine 51 (2012). 19 Sep. 2014 ‹http://www.scribd.com/doc/136033913/University-of-Sussex-Alumni-Magazine-Falmer-issue-51›.Wikipedia. “A Current Affair.” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/A_Current_Affair›.---. “Aboriginal Tent Embassy.” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/Aboriginal_Tent_Embassy›.---. “Department of Families, Housing, Community Services and Indigenous Affairs.” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/Department_of_Families,_Housing,_Community_Services_and_Indigenous_Affairs›.---. “Eddie Mabo.” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/Eddie_Mabo›.---. “History of Australia (1788 – 1850).” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/History_of_Australia_(1788%E2%80%931850)#Aboriginal_resistance›.---. “Terra Nullius.” 2014. 19 Sep. 2014 ‹http://en.wikipedia.org/wiki/Terra_nullius›.

Introduction In October 2007, the federal Coalition government legislated that all eligible migrants and refugees who want to become Australian citizens must sit and pass the newly designed Australian citizenship test. Prime Minister John Howard stated that by studying the essential knowledge on Australian culture, history and values that his government had defined in official citizenship test resources, migrants seeking the conferral of Australian citizenship would become "integrated" into the broader, "mainstream" community and attain a sense of belonging as new Australian citizens (qtd. in "Howard Defends Citizenship Test"). In this paper, I conduct a genealogical analysis of Becoming an Australian Citizen, the resource booklet that contains all of the information needed to prepare for the test. Focusing specifically on the section in the booklet entitled A Story of Australia which details Australian history and framing my research through a Foucauldian perspective on governmentality that focuses on the interrelationship with truth, power and knowledge in the production of subjectivities, I suggest that the inclusion of the subject of history in the test was constituted as a new order of knowledge that aimed to shape new citizens' understanding of what constituted the "correct" version of Australian identity. History was hence promoted as a form of knowledge that relied on objectivity in order to excavate the truths of Australia's past. These truths, it was claimed, had shaped the very values that the Australian people lived by and that now prospective citizens were expected to embrace. My objective is to problematise this claim that the discipline of history consists of objective truths and to move beyond recent debates in politics and historiography known as the history wars. I suggest that history instead should be viewed as a "curative science" (Foucault 90), that is, a transformative form of knowledge that focuses on the discontinuities as well as the continuities in Australia's past and which has the potential to "delimit truths" (Weeks) and thus heal the fatal impact of an official history dominated by notions of progress and achievements. This kind of cultural research not only has the capacity to influence policy-making in the field of civic education for migrant citizens, but it also has the potential to broaden understanding of Australia's past by drawing on alternative stories of Australia including the ruptures and counter stories that come together to form the multiplicity that is Australian identity. Values Eclipsing History The test was introduced at a time when the impact of globalisation was shifting conceptions of the conferral of citizenship in many Western nations from a notion of new citizens gaining legal and political rights to a concept through which becoming a naturalized citizen meant adopting a nation's particular way of life and embracing a set of core national values (Allison; Grattan; Johnson). In Australia, these values were defined as a set of principles based around liberal-democratic notions of freedom, equality, the rule of law and tolerance and promoted as "central to Australia remaining a stable, prosperous and peaceful community" (DIC 5). The Howard government believed that social cohesion was threatened by the differences emanating from recent arrivals, particularly non-Christian and non-white arrivals who did not share Australian values. These threats were contextualized through such incidents as asylum seekers allegedly throwing children overboard, the Cronulla Beach riots in 2005 and terrorist attacks close to home in Bali. Adopting Australian values was promoted as the solution to this crisis of difference. In this way, the Australian values promoted through the Australian citizenship test were allotted "a reforming role" whilst migrants and their differences were targeted as "objects of reform" (Bennett 105). Reform would be achieved by prospective citizens engaging freely in the ethical conduct of self-study of the history and values contained in the citizenship resource booklet. With some notable exceptions (see e.g. Lake and Tavan), inclusion of historical content in the test received less public scrutiny than Australian values. This is despite the fact that 37 per cent of the booklet's content was dedicated to Australian history compared to only 7 per cent dedicated to Australian values. This is also remarkable since previously, media and scholarly attention over the preceding two decades had agonised over how British colonisation and indigenous dispossession were to be represented in Australian public institutions. Popularly known as the history wars, these debates now seemed irrelevant for regulating the conduct of new citizens. The Year of the Apology: The End of the History Wars? There was also a burgeoning feeling among the broader community that a truce was in sight in the history wars (cf. Riley; Throsby). This view was supported by the outcome of the November 2007 federal election when the Howard government was defeated after eleven years in office. John Howard had been a key player in the history wars, intervening in decisions as wide ranging as the management of national museums and the preparation of high school history curricula. In his final year as prime minister, Howard became involved with overseeing what historical content was to be included in Becoming an Australian Citizen (cf. Andrews; Hirst). This had a lasting impact as even after Howard's electoral defeat, the Australian citizenship test and its accompanying resource booklet still remained in use for another two years as the essential guide that was to inform test candidates on how to be model Australian citizens. Whilst Howard's test was retained Kevin Rudd made the official Apology to the Stolen Generation as one of his first acts as prime minister in February 2008. His electoral victory was heralded as the coming of "a new intellectual culture" with "deep thinking and balanced analysis" (Nile). The Apology was also celebrated in both media and academic circles as the beginning of the process of reconciliation for both relations with indigenous and non-indigenous Australians as well as "reconciling" the controversies in history that had plagued Howard's prime ministership. In popular culture, too, the end of the history wars seemed imminent. In film, the Apology was celebrated with the release of Australia in November of that same year. Luhrmann's film became a box office hit that was later taken up by Tourism Australia to promote the nation as a desirable destination for international tourists. Langton praised it as an "eccentrically postmodern account of a recent frontier" that "has leaped over the ruins of the 'history wars' and given Australians a new past" and concluded that the film presented "an alternative history from the one John Howard and his followers constructed" (12). Similar appraisals had been made of the Australian citizenship test as the author of the historical content in the resource booklet, John Hirst, revealed that the final version of A Story of Australia "was not John Howard's and was organised contrary to his declared preference for narrative" (35). Hirst is a conservative historian who was employed by the Howard government to write "the official history of Australia" (28) for migrants and who had previously worked on other projects initiated by the Howard government, including the high school history curriculum review known as the History Summit in 2006. In an article entitled Australia: The Official History and published in The Monthly of that very same year as the Apology, Hirst divulged how in writing A Story of Australia for the citizenship resource booklet, his aim was to be "fair-minded and balanced" (31). He claimed to do this by detailing what he understood as the "two sides" in Australia's historical and political controversies relating to "Aboriginal affairs" (31), known more commonly as the history wars. Hirst's resolve was to "report the position of the two sides" (31), choosing to briefly focus on the views of historian Henry Reynolds and the political scientist Robert Manne on the one side, as well as presenting the conservative views of journalists Keith Windshuttle and Andrew Bolt on the other side (31-32). Hirst was undoubtedly referring to the two sides in the history wars that are characterised by on the one hand, commentators who believe that the brutal impact of British colonisation on indigenous peoples should be acknowledged whilst those on the other who believe that Australians should focus on celebrating their nation's relatively "peaceful past". Popularly characterised as the black armband view against the white blindfold view of Australian history, this definition does not capture the complexities, ruptures and messiness of Australia's contested past or of the debates that surround it. Hirst's categorisation, is rather problematic; while Windshuttle and Bolt's association is somewhat understandable considering their shared support in denying the existence of the Stolen Generation and massacres of indigenous communities, the association of Reynolds with Manne is certainly contestable and can be viewed as a simplistic grouping together of the "bleeding hearts" in discourses surrounding Australian history. As with the film Australia, Hirst wanted to be "the recorder of myth and memory and not simply the critical historian" (32). Unlike the film Australia, Hirst remained committed to a particular view of the discipline of history that was committed to notions of objectivity and authenticity, stating that he "was not writing this history to embody (his) own views" (31) but rather, his purpose was to introduce to new citizens what he thought captured "what Australians of today knew and valued and celebrated in their history" (32). The textual analysis that follows will illustrate that despite the declaration of a "balanced" view of Australian history being produced for migrant consumption and the call for a truce in the history wars, A Story of Australia still reflected the values and principles of a celebratory white narrative that was not concerned with recognising any side of history that dealt with the fatal impact of colonialism in stories of Australia. Disrupting the Two Sides of History The success of Australia was built on lands taken from Aboriginal people after European settlement in 1788 (DIC 32). [...]The Aboriginal people were not without friends […]. Governor Macquarie (1810-1821) took a special interest in them, running a school for their children and offering them land for farming. But very few Aboriginal people were willing to move into European society; they were not very interested in what the Europeans had to offer. (DIC 32) Despite its author's protestations against a narrative format, A Story of Australia is written as a thematic narrative that is mainly concerned with describing a nation's trajectory towards progress. It includes the usual primary school project heroes of European explorers and settlers, all of them men: Captain James Cook, Arthur Phillip and Lachlan Macquarie (17-18). It privileges a British heritage and ignores the multicultural make-up of the Australian population. In this Australian story, the convict settlers are an important factor in nation building as they found "new opportunities in this strange colony" (18) and "the ordinary soldier, the digger is a national hero" (21). Indigenous peoples, on the other hand, are described in the past tense as part of pre-history having "hunter-gatherer traditions" (32), whose culture exists today only in spectacle and who have only themselves to blame for their marginalisation by refusing the help of the white settlers. Most notable in this particular version of history are the absent stories and absent characters; there is little mention of the achievements of women and nation-building is presented as an exclusively masculine enterprise. There is also scarce mention of the contribution of migrants. Also absent is any mention of the colonisation of the Australian continent that dispossessed its Indigenous peoples. For instance, the implementation of the assimilation policy that required the forcible removal of Aboriginal children from their families is not even named as the Stolen Generation in the resource booklet, and the fight for native land rights encapsulated in the historic Mabo decision of 1992 is referred to as merely a "separatist policy" (33). In this way, it cannot be claimed that this is a balanced portrayal of Australia's past even by Hirst's own standards for it is difficult to locate the side represented by Reynolds and Manne. Once again, comparisons with the film Australia are useful. Although praised for raising "many thorny issues" relating to "national legitimacy and Aboriginal sovereignty" (Konishi and Nugent), Ashenden concludes that the film is "a mix of muttering, avoidance of touchy topics, and sporadic outbursts". Hogan also argues that the film Australia is "an exercise in national wish fulfillment, staged as a high budget, unabashedly commercial and sporadically ironic spectacle" that "offers symbolic absolution for the violence of colonialism" (63). Additionally, Hirst's description of a "successful" nation being built on the "uncultivated" indigenous lands suggests that colonisation was necessary and unavoidable if Australia was to progress into a civilised nation. Both Hirst's A Story of Australia and his Australia: The Official History share more than just the audacious appropriation of a proper noun with the film Australia as these cultural texts grant prominence to the values and principles of a celebratory white narrative of Australian history while playing down the unpalatable episodes, making any prospective citizen who does not accept these "balanced" versions of historical truths as deviant and unworthy of becoming an Australian citizen. Our Australian Story: Reconciling the Fatal Impact The Australian citizenship test and its accompanying booklet, Becoming an Australian Citizen were replaced in October 2009 with a revised test and a new booklet entitled, Australian Citizenship: Our Common Bond. The Australian Citizenship Test Review Committee deemed the 2007 original test to be "flawed, intimidating to some and discriminatory" (Australian Citizenship Test Review Committee 3). It replaced mandatory knowledge of Australian values with that of the Citizenship Pledge and determined that the subject of Australian history, although "nice-to-know" was not essential for assessing the suitability of the conferral of Australian citizenship. History content is now included in the new booklet in the non-testable section under the more inclusive title of Our Australian Story. This particular version of history now names the Stolen Generation, includes references to Australia's multicultural make up and even recognises some of the fatal effects of British colonisation. The Apology features prominently over three long paragraphs (71) and Indigenous dispossession is now described under the title of Fatal Impact as follows: The early governors were told not to harm the Aboriginal people, but the British settlers moved onto Aboriginal land and many Aboriginal people were killed. Settlers were usually not punished for committing these crimes. (58) So does this change in tone in the official history in the resource booklet for prospective citizens "prove" that the history wars are over? This more conciliatory version of Australia's past is still not the "real proof" that the history wars are over for despite broadening its categories of what constitutes as historical truth, these truths still privilege an exclusive white perspective. For example, in the new resource booklet, detail on the Stolen Generation is included as a relevant historical event in relation to what the office of Prime Minister, the Bringing Them Home Report and the Official Apology have achieved for Indigenous Australians and for the national identity, stating that "the Sorry speech was an important step forward for all Australians" (71). Perhaps then, we need to discard this way of thinking that frames the past as an ethical struggle between right and wrong and a moral battle between victors and losers. If we cease thinking of our nation's history as a battleground between celebrators and mourners and stop framing our national identity in terms of achievers and those who were not interested in building the nation, then we recognise that these "war" discourses are only the products of "games of truth" invented by governments, expert historians and their institutions. In this way, official texts can produce the possibility for a range of players from new directions to participate in what content can be included as historical truths in Australian stories and what is possible in productions of official Australian identities. The Australian Citizenship Review Committee understood this potential impact as it has recommended "the government commit to reviewing the content of the book at regular intervals given the evolving nature of Australian society" (Australian Citizenship Test Review Committee 25). In disrupting the self-evident notion of a balanced history of facts with its evocation of an equal society and by exposing how governmental institutions have used these texts as instruments of social governance (cf. Bennett), we can come to understand that there are other ways of being Australian and alternative perspectives on Australian history. The production of official histories can work towards producing a "curative science" that heals the fatal impact of the past. The impact of this kind of cultural research should be directed towards the discourse of history wars. In this way, history becomes not a battlefield but "a differential knowledge of energies and failings, heights and degenerations, poisons and antidotes" (Foucault 90) which has the capacity to transform Australian society into a society inclusive of all indigenous, non-indigenous and migrant citizens and which can work towards reconciliation of the nation's history, and perhaps, even of its people. References Allison, Lyn. "Citizenship Test Is the New Aussie Cringe." The Drum. ABC News. 4 Dec. 2011 ‹http://www.abc.net.au/news/2007-09-28/citizenship-test-is-the-new-aussie-cringe/683634›. Andrews, Kevin. "Citizenship Test Resource Released." MediaNet Press Release Wire 26 Aug. 2007: 1. Ashenden, Dean. "Luhrmann, Us, and Them." Inside Story 18 Dec. 2008. 4 Dec. 2011 ‹http://inside.org.au/luhrmann-us-and-them/›. Australian Citizenship Test Review Committee. Moving Forward... Improving Pathways to Citizenship. Canberra: Commonwealth of Australia, 2008. Australian Government. Australian Citizenship: Our Common Bond. Belconnen: National Communications Branch of the Department of Immigration and Citizenship, 2009.Bennett, Tony. Culture: A Reformer's Science. St Leonards: Allen and Unwin, 1998. DIC (Department of Immigration and Citizenship). Becoming an Australian Citizen: Citizenship. Your Commitment to Australia. Canberra, 2007.Foucault, Michel. "Nietzsche, Genealogy, History." The Foucault Reader. New York: Pantheon Books, 1984. 76-100. Grattan, Michelle. "Accept Australian Values or Get Out." The Age 25 Aug. 2005: 1. Hirst, John. "Australia: The Official History." The Monthly 6 Feb. 2008: 28-35. "Howard Defends Citizenship Test." The Age 11 Dec. 2006. Howard, John. "A Sense of Balance: The Australian Achievement in 2006 - Address to the National Press Club, 25 January." PM's News Room: Speeches. Canberra: Department of Prime Minister and Cabinet. Johnson, Carol. "John Howard's 'Values' and Australian Identity." Australian Journal of Political Science 42.2 (2007): 195-209. Konishi, Shino, and Maria Nugent. "Reviewing Indigenous History in Baz Luhrmann's Australia." Inside Story 4 Dec. 2009. 4 Dec. 2011 ‹http://inside.org.au/reviewing-indigenous-history-in-baz-luhrmanns-australia/›. Lake, Marilyn. "Wasn't This a Government Obsessed with Historical 'Truth'?" The Age 29 Oct. 2007: 13. Langton, Marcia. "Faraway Downs Fantasy Resonates Close to Home." Sunday Age 23 November 2008: 12. Nile, Richard. "End of the Culture Wars." Richard Nile Blog. The Australian 28 Nov. 2007. Riley, Mark. "Sorry, But the PM Says the Culture Wars Are Over." Sydney Morning Herald 10 Sep. 2003: 1. Tavan, Gwenda. "Testing Times: The Problem of 'History' in the Howard Government's Australian Citizenship Test." Does History Matter? Making and Debating Citizenship, Immigration and Refugee Policy in Australia and New Zealand. Eds. Neumann, Klaus and Gwenda Tavan. Canberra: ANU E P, 2009. Throsby, David. "A Truce in the Culture Wars." Sydney Morning Herald 26 Apr. 2008: 32. Weeks, Jeffrey. "Foucault for Historians." History Workshop 14 (Autumn 1982): 106-19.

IntroductionThe role, function, and future of the Western public intellectual have been highly contested over the last three decades. The dominant discourse, which predicts the decline of the public intellectual, asserts the institutionalisation of their labour has eroded their authority to speak publicly to power on behalf of others; and that the commodification of intellectual performance has transformed them from sages, philosophers, and men of letters into trivial media entertainers, pundits, and ideologues. Overwhelmingly the crisis debates link the demise of the public intellectual to shifts in public culture, which was initially conceptualised as a literary and artistic space designed to liberate the awareness of citizens through critique and to reflect upon “the chronic and persistent issues of life, meaning and representation” (McGuigan 430). This early imagining of public culture as an exclusively civilising space, however, did not last and Jurgen Habermas documented its decline in response to the commodification and politicisation of culture in the 20th century. Yet, as social activism continued to flourish in the public sphere, Habermas re-theorised public culture as a more pluralistic site which simultaneously accommodates “uncritical populism, radical subversion and critical intervention” (436) and operates as both a marketplace and a “site of communicative rationality, mutual respect and understanding (McGuigan 434). The rise of creative industries expanded popular engagement with public culture but destabilised the authority of the public intellectual. The accompanying shifts also affected the function of the curator, who, like the intellectual, had a role in legislating and arbitrating knowledge, and negotiating and authorising meaning through curated exhibitions of objects deemed sacred and significant. Jennifer Barrett noted the similarities in the two functions when she argued in Museums and the Public Sphere that, because museums have an intellectual role in society, curators have a public intellectual function as they define publics, determine modes of engagement, and shape knowledge formation (150). The resemblance between the idealised role of the intellectual and the curator in enabling the critique that emancipates the citizen means that both functions have been affected by the atomisation of contemporary society, which has exposed the power effects of the imposed coherency of authoritative and universal narratives. Indeed, just as Russell Jacoby, Allan Bloom, and Richard Posner predicted the death of the intellectual, who could no longer claim to speak in universal terms on behalf of others, so museums faced their own crisis of relevancy. Declining visitor numbers and reduced funding saw museums reinvent themselves, and in moving away from their traditional exclusive, authoritative, and nation building roles—which Pierre Bourdieu argued reproduced the “existing class-based culture, education and social systems” (Barrett 3)—museums transformed themselves into inclusive and diverse sites of co-creation with audiences and communities. In the context of this change the curator ceased to be the “primary producer of knowledge” (Barrett 13) and emerged to reproduce “contemporary culture preoccupations” and constitute the “social imagery” of communities (119). The modern museum remains concerned with explaining and interrogating the world, but the shift in curatorial work is away from the objects themselves to a focus upon audiences and how they value the artefacts, knowledge, and experiences of collective shared memory. The change in curatorial practices was driven by what Peter Vergo called a new “museology” (Barrett 2), and according to Macdonald this term assumes that “object meanings are contextual rather than inherent” or absolute and universal (2). Public intellectuals and curators, as the custodians of ideas and narratives in the contemporary cultural industries, privilege audience reception and recognise that consumers and/or citizens engage with public culture for a variety of reasons, including critique, understanding, and entertainment. Curators, like public intellectuals, also recognise that they can no longer assume the knowledge and experience of their audience, nor prescribe the nature of engagement with ideas and objects. Instead, curators and intellectuals emerge as negotiators and translators of cultural meaning as they traverse the divides in public culture, sequestering ideas and cultural artefacts and constructing narratives that engage audiences and communities in the process of re-imagining the past as a way of providing new insights into contemporary challenges.Methodology In exploring the idea that the public intellectual acts as a curator of ideas as he or she defines and privileges the discursive spaces of public culture, this paper begins by providing an overview of the cultural context of the contemporary public intellectual which enables comparisons between intellectual and curatorial functions. Second, this paper analyses a random sample of the content of books, newspaper and magazine articles, speeches, and transcripts of interviews drawn from The Australian, The Age, The Sydney Morning Herald, The Sydney Institute, the ABC, The Monthly, and Quadrant published or broadcast between 1996 and 2007, in order to identify the key themes of the History Wars. It should be noted that the History War debates were extensive, persistent, and complex—and as they unfolded over a 13-year period they emerged as the “most powerful” and “most disputed form of public intellectual work” (Carter, Ideas 9). Many issues were aggregated under the trope of the History Wars, and these topics were subject to both popular commentary and academic investigation. Furthermore, the History Wars discourse was produced in a range of mediums including popular media sources, newspaper and magazine columns, broadcasts, blogs, lectures, and writers’ forums and publications. Given the extent of this discourse, the sample of articles which provides the basis for this analysis does not seek to comprehensively survey the literature on the History Wars. Rather this paper draws upon Foucault’s genealogical qualitative method, which exposes the subordinated discontinuities in texts, to 1) consider the political context of the History War trope; and 2) identify how intellectuals discursively exhibited versions of the nation’s identity and in the process made visible the power effects of the past. Public Intellectuals The underlying fear of the debates about the public intellectual crisis was that the public intellectual would no longer be able to act as the conscience of a nation, speak truth to power, or foster the independent and dissenting public debate that guides and informs individual human agency—a goal that has lain at the heart of the Western intellectual’s endeavours since Kant’s Sapere aude. The late 20th century crisis discourse, however, primarily mourned the decline of a particular form of public authority attached to the heroic universal intellectual formation made popular by Emile Zola at the end of the 19th century, and which claimed the power to hold the political elites of France accountable. Yet talk of an intellectual crisis also became progressively associated with a variety of general concerns about globalising society. Some of these concerns included fears that structural shifts in the public domain would lead to the impoverishment of the cultural domain, the end of Western civilisation, the decline of the progressive political left, and the end of universal values. It was also expected that the decline in intellectuals would also enable the rise of populism, political conservatism, and anti-intellectualism (Jacoby Bloom; Bauman; Rorty; Posner; Furedi; Marquand). As a result of these fears, the function of the intellectual who engages publicly was re-theorised. Zygmunt Bauman suggested the intellectual was no longer the legislator or arbiter of taste but the negotiator and translator of ideas; Michel Foucault argued that the intellectual could be institutionally situated and still speak truth to power; and Edward Said insisted the public intellectual had a role in opening up possibilities to resolve conflict by re-imagining the past. In contrast, the Australian public intellectual has never been declared in crisis or dead, and this is probably because the nation does not have the same legacy of the heroic public intellectual. Indeed, as a former British colony labelled the “working man’s paradise” (White 4), Australia’s intellectual work was produced in “institutionalised networks” (Head 5) like universities and knowledge disciplines, political parties, magazines, and unions. Within these networks there was a double division of labour, between the abstraction of knowledge and its compartmentalisation, and between the practical application of knowledge and its popularisation. As a result of this legacy, a more organic, specific, and institutionalised form of intellectualism emerged, which, according to Head, limited intellectual influence and visibility across other networks and domains of knowledge and historically impeded general intellectual engagement with the public. Fears about the health and authority of the public intellectual in Australia have therefore tended to be produced as a part of Antonio Gramsci’s ideological “wars of position” (Mouffe 5), which are an endless struggle between cultural and political elites for control of the institutions of social reproduction. These struggles began in Australia in the 1970s and 1980s over language and political correctness, and they reappeared in the 1990s as the History Wars. History Wars“The History Wars” was a term applied to an ideological battle between two visions of the Australian nation. The first vision was circulated by Australian Labor Party Prime Minister Paul Keating, who saw race relations as central to 21st century global Australia and began the process of dealing with the complex and divisive Indigenous issues at home. He established the Council for Aboriginal Reconciliation in 1991; acknowledged in the 1992 Redfern speech that white settlers were responsible for the problems in Indigenous communities; and commissioned the Bringing Them Home report, which was completed in 1997 and concluded that the mandated removal of Indigenous children from their families and communities throughout the 20th century had violated their human rights and caused long-term and systemic damage to Indigenous communities.The second vision of Australia was circulated by Liberal Prime Minister John Howard, who, after he came to power in 1996, began his own culture war to reconstruct a more conservative vision of the nation. Howard believed that the stories of Indigenous dispossession undermined confidence in the nation, and he sought to produce a historical view of the past grounded in “Judeo-Christian ethics, the progressive spirit of the enlightenment and the institutions and values of British culture” (“Sense of Balance”). Howard called for a return to a narrative form that valorised Australia’s achievements, and he sought to instil a more homogenised view of the past and a coherent national identity by reviewing high school history programs, national museum appointments, and citizenship tests. These two political positions framed the subsequent intellectual struggles over the past. While a number of issues were implicated in the battle, generally, left commentators used the History Wars as a way to circulate certain ideas about morality and identity, including 1) Australians needed to make amends for past injustices to Indigenous Australians and 2) the nation’s global identity was linked to how they dealt with Australia’s first people. In contrast, the political right argued 1) the left had misrepresented and overstated the damage done to Indigenous communities and rewritten history; 2) stories about Indigenous abuse were fragmenting the nation’s identity at a time when the nation needed to build a coherent global presence; and 3) no apology was necessary, because contemporary Australians did not feel responsible for past injustices. AnalysisThe war between these two visions of Australia was fought in “extra-curricular sites,” according to Stuart Macintyre, and this included newspaper columns, writers’ festivals, broadcast interviews, intellectual magazines like The Monthly and Quadrant, books, and think tank lectures. Academics and intellectuals were the primary protagonists, and they disputed the extent of colonial genocide; the legitimacy of Indigenous land rights; the impact of the Stolen Generation on the lives of modern Indigenous citizens; and the necessity of a formal apology as a part of the reconciliation process. The conflicts also ignited debates about the nature of history, the quality of public debates in Australia, and exposed the tensions between academics, public intellectuals, newspaper commentators and political elites. Much of the controversy played out in the national forums can be linked to the Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families report Stolen Generation inquiry and report, which was commissioned by Keating but released after Howard came to office. Australian public intellectual and professor of politics Robert Manne critiqued the right’s response to the report in his 2001 Quarterly Essay titled “In Denial: The Stolen Generation and The Right”. He argued that there was a right-wing campaign in Australia that sought to diminish and undermine justice for Aboriginal people by discounting the results of the inquiry, underestimating the numbers of those affected, and underfunding the report’s recommendations. He spoke of the nation’s shame and in doing so he challenged Australia’s image of itself. Manne’s position was applauded by many for providing what Kay Schaffer in her Australian Humanities Review paper called an “effective antidote to counter the bitter stream of vitriol that followed the release of the Bringing Them Home report”. Yet Manne also drew criticism. Historian Bain Attwood argued that Manne’s attack on conservatives was polemical, and he suggested that it would be more useful to consider in detail what drives the right-wing analysis of Indigenous issues. Attwood also suggested that Manne’s essay had misrepresented the origins of the narrative of the Stolen Generation, which had been widely known prior to the release of the Stolen Generation report.Conservative commentators focused upon challenging the accuracy of those stories submitted to the inquiry, which provided the basis for the report. This struggle over factual details was to characterise the approach of historian Keith Windschuttle, who rejected both the numbers of those stolen from their families and the degree of violence used in the settlement of Australia. In his 2002 book The Fabrication of Aboriginal History, Volume One, Van Diemen’s Land 1803–1847 he accused left-wing academics of exaggerating the events of Aboriginal history in order to further their own political agenda. In particular, he argued that the extent of the “conflagration of oppression and conflict” which sought to “dispossess, degrade, and devastate the Aboriginal people” had been overstated and misrepresented and designed to “create an edifice of black victimhood and white guilt” (Windschuttle, Fabrication 1). Manne responded to Windschuttle’s allegations in Whitewash: On Keith Windschuttle’s Fabrication of Aboriginal History, arguing that Windschuttle arguments were “unpersuasive and unsupported either by independent research or even familiarity with the relevant secondary historical literature” (7) and that the book added nothing to the debates. Other academics like Stephen Muecke, Marcia Langton and Heather Goodall expressed concerns about Windschuttle’s work, and in 2003 historians Stuart Macintyre and Anna Clark published The History Wars, which described the implications of the politicisation of history on the study of the past. At the same time, historian Bain Attwood in Telling the Truth About Aboriginal History argued that the contestation over history was eroding the “integrity of intellectual life in Australia” (2). Fractures also broke out between writers and historians about who was best placed to write history. The Australian book reviewer Stella Clarke wrote that the History Wars were no longer constructive discussions, and she suggested that historical novelists could colonise the territory traditionally dominated by professional historians. Inga Clendinnen wasn’t so sure. She wrote in a 2006 Quarterly Essay entitled “The History Question: Who Owns the Past?” that, while novelists could get inside events through a process of “applied empathy,” imagination could in fact obstruct the truth of reality (20). Discussion The History Wars saw academics engage publicly to exhibit a set of competing ideas about Australia’s identity in the nation’s media and associated cultural sites, and while the debates initially prompted interest they eventually came to be described as violent and unproductive public conversations about historical details and ideological positions. Indeed, just as the museum curator could no longer authoritatively prescribe the cultural meaning of artefacts, so the History Wars showed that public intellectuals could not adjudicate the identity of the nation nor prescribe the nature of its conduct. For left-wing public intellectuals and commentators, the History Wars came to signify the further marginalisation of progressive politics in the face of the dominant, conservative, and increasingly populist constituency. Fundamentally, the battles over the past reinforced fears that Australia’s public culture was becoming less diverse, less open, and less able to protect traditional civil rights, democratic freedoms, and social values. Importantly for intellectuals like Robert Manne, there was a sense that Australian society was less able or willing to reflect upon the moral legitimacy of its past actions as a part of the process of considering its contemporary identity. In contrast right-wing intellectuals and commentators argued that the History Wars showed how public debate under a conservative government had been liberated from political correctness and had become more vibrant. This was the position of Australian columnist Janet Albrechtsen who argued that rather than a decline in public debate there had been, in fact, “vigorous debate of issues that were once banished from the national conversation” (91). She went on to insist that left-wing commentators’ concerns about public debate were simply a mask for their discomfort at having their views and ideas challenged. There is no doubt that the History Wars, while media-orchestrated debates that circulated a set of ideological positions designed to primarily attract audiences and construct particular views of Australia, also raised public awareness of the complex issues associated with Australia’s Indigenous past. Indeed, the Wars ended what W.E.H Stanner had called the “great silence” on Indigenous issues and paved the way for Kevin Rudd’s apology to Indigenous people for their “profound grief, suffering and loss”. The Wars prompted conversations across the nation about what it means to be Australian and exposed the way history is deeply implicated in power surely a goal of both intellectual debate and curated exhibitions. ConclusionThis paper has argued that the public intellectual can operate like a curator in his or her efforts to preserve particular ideas, interpretations, and narratives of public culture. The analysis of the History Wars debates, however, showed that intellectuals—just like curators —are no longer authorities and adjudicators of the nation’s character, identity, and future but cultural intermediaries whose function is not just the performance or exhibition of selected ideas, objects, and narratives but also the engagement and translation of other voices across different contexts in the ongoing negotiation of what constitutes cultural significance. ReferencesAlbrechtsen, Janet. “The History Wars.” The Sydney Papers (Winter/Spring 2003): 84–92. Attwood, Bain. Telling the Truth about Aboriginal History. Sydney: Allen & Unwin, 2005.Bauman, Zygmunt. Legislators and Interpreters: On Modernity, Post Modernity and Intellectuals. Cambridge, CAMBS: Polity, 1987. Barrett, Jennifer. Museums and the Public Sphere. Hoboken: John Wiley & Sons, 2010. Bloom, Allan. Closing of the American Mind. New York: Simon and Schuster, 1987.Bourdieu. P. Distinctions: A Social Critique of the Judgement of Taste. Trans. R. Nice. Cambridge, MA: Harvard UP, 1984. Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. Commonwealth of Australia. 1997.Carter, David. Introduction. The Ideas Market: An Alternative Take on Australia’s Intellectual Life. Ed. David Carter. Melbourne: Melbourne UP, 2004. 1–11.Clendinnen, Inga. True Stories. Sydney: ABC Books, 1999.Clendinnen, Inga. “The History Question: Who Owns the Past?” Quarterly Essay 23 (2006): 1–82. Foucault, Michel, and Giles Deleuze. Intellectuals and Power Language, Counter Memory and Practice: Selected Essays and Interviews. Ed. and trans. David Bouchard. New York: Cornell UP, 1977. Gratton, Michelle. “Howard Claims Victory in National Culture Wars.” The Age 26 Jan. 2006. 6 Aug. 2015 ‹http://www.theage.com.au/news/national/pm-claims-victory-in-culture-wars/2006/01/25/1138066861163.html›.Head, Brian. “Introduction: Intellectuals in Australian Society.” Intellectual Movements and Australian Society. Eds. Brian Head and James Waller. Melbourne: Oxford UP, 1988. 1–44.Hohendahl, Peter Uwe, and Marc Silberman. “Critical Theory, Public Sphere and Culture: Jürgen Habermas and His Critics.” New German Critique 16 (Winter 1979): 89–118.Howard, John. “A Sense of Balance: The Australian Achievement in 2006.” National Press Club. Great Parliament House, Canberra, ACT. 25 Jan. 2006. ‹http://pmtranscripts.dpmc.gov.au/browse.php?did=22110›.Howard, John. “Standard Bearer in Liberal Culture.” Address on the 50th Anniversary of Quadrant, Sydney, 3 Oct. 2006. The Australian 4 Oct. 2006. 6 Aug. 2015 ‹http://www.theaustralian.com.au/opinion/john-howard-standard-bearer-in-liberal-culture/story-e6frg6zo-1111112306534›.Jacoby, Russell. The Last Intellectuals: American Culture in the Age of Academe. New York: The Noonday Press, 1987.Keating, Paul. “Keating’s History Wars.” Sydney Morning Herald 5 Sep. 2003. 6 Aug. 2015 ‹http://www.smh.com.au/articles/2003/09/05/1062549021882.html›.Macdonald, S. “Expanding Museum Studies: An Introduction.” Ed. S. Macdonald. A Companion to Museum Studies. Oxford and Malden, MA: Blackwell Publishing, 2006. 1–12. Macintyre, Stuart, and Anna Clarke. The History Wars. Melbourne: Melbourne UP, 2003. ———. “The History Wars.” The Sydney Papers (Winter/Spring 2003): 77–83.———. “Who Plays Stalin in Our History Wars? Sydney Morning Herald 17 Sep. 2003. 6 Aug. 2015 ‹http://www.smh.com.au/articles/2003/09/16/1063625030438.html›.Manne, Robert. “In Denial: The Stolen Generation and the Right.” Quarterly Essay 1 (2001).———. WhiteWash: On Keith Windshuttle’s Fabrication of Aboriginal History. Melbourne. Black Ink, 2003.Mark, David. “PM Calls for End to the History Wars.” ABC News 28 Aug. 2009.McGuigan, Jim. “The Cultural Public Sphere.” European Journal of Cultural Studies 8.4 (2005): 427–43.Mouffe, Chantal, ed. Gramsci and Marxist Theory. London: Routledge and Kegan Paul, 1979. Melleuish, Gregory. The Power of Ideas: Essays on Australian Politics and History. Melbourne: Australian Scholarly Publishing, 2009.Rudd, Kevin. “Full Transcript of PM’s Apology Speech.” The Australian 13 Feb. 2008. 6 Aug. 2015 ‹http://www.theaustralian.com.au/news/nation/full-transcript-of-pms-speech/story-e6frg6nf-1111115543192›.Said, Edward. “The Public Role of Writers and Intellectuals.” ABC Alfred Deakin Lectures, Melbourne Town Hall, 19 May 2001. Schaffer, Kay. “Manne’s Generation: White Nation Responses to the Stolen Generation Report.” Australian Humanities Review (June 2001). 5 June 2015 ‹http://www.australianhumanitiesreview.org/archive/Issue-June-2001/schaffer.html›. Shanahan, Dennis. “Howard Rallies the Right in Cultural War Assault.” The Australian 4 Oct. 2006. 6 Aug. 2015 ‹http://www.theaustralian.com.au/news/nation/howard-rallies-right-in-culture-war-assault/story-e6frg6nf-1111112308221›.Wark, Mackenzie. “Lip Service.” The Ideas Market: An Alternative Take on Australia’s Intellectual Life. Ed. David Carter. Carlton, VIC: Melbourne UP, 2004. 259–69.White, Richard. Inventing Australia Images and Identity 1688–1980. Sydney: George Allen and Unwin, 1981. Windschuttle, Keith. The Fabrication of Australian History, Volume One: Van Diemen’s Land 1803–1847. Sydney: McCleay, 2002. ———. “Why There Was No Stolen Generation (Part One).” Quadrant Online (Jan–Feb 2010). 6 Aug. 2015 ‹https://quadrant.org.au/magazine/2010/01-02/why-there-were-no-stolen-generations/›.

Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. Art in the Time of Colony: Empires and the Making of the Modern World, 1650-2000. Farnham, UK: Ashgate Publishing, 2014.Clark, Manning. History of Australia. Abridged by Michael Cathcart. Melbourne: Melbourne University Press, 1997 [1993]. Clements, Nicholas. The Black War: Fear, Sex and Resistance in Tasmania. St Lucia, Qld.: U of Queensland P, 2014.Colonial Times. “Hobart Town.” Colonial Times 5 Mar. 1830: 2.The Commissioners. Intercolonial Exhibition Official Catalogue. 2nd ed. Melbourne: Blundell & Ford, 1866.Darian-Smith, Kate, and Penelope Edmonds. “Conciliation on Colonial Frontiers.” Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim. Eds. Kate Darian-Smith and Penelope Edmonds. New York: Routledge, 2015. 1–14. Edmonds, Penelope. “‘Failing in Every Endeavour to Conciliate’: Governor Arthur’s Proclamation Boards to the Aborigines, Australian Conciliation Narratives and Their Transnational Connections.” Journal of Australian Studies 35.2 (2011): 201–18.———. “The Proclamation Cup: Tasmanian Potter Violet Mace and Colonial Quotations.” reCollections 5.2 (2010). 20 May 2015 ‹http://recollections.nma.gov.au/issues/vol_5_no_2/papers/the_proclamation_cup_›.Felton, Heather. “Mathinna.” Companion to Tasmanian History. Hobart: Centre for Tasmanian Historical Studies, University of Tasmania, 2006. 29 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/M/Mathinna.htm›.Gall, Jennifer. Library of Dreams: Treasures from the National Library of Australia. Canberra: National Library of Australia, 2011.Hull, Hugh M. “Tasmanian Hieroglyphics.” The Hobart Mercury 26 Nov. 1874: 3.James, P.D. Talking about Detective Fiction. New York: Alfred A. Knopf, 2009.Mace, Violet. Violet Mace’s Proclamation Jug. Glazed Earthernware. Launceston: Queen Victoria Museum and Art Gallery, 1928.———. Violet Mace’s Proclamation Cup. Glazed Earthernware. Canberra: National Museum of Australia, 1934.McCulloch, Samuel Clyde. “Sir George Gipps and Eastern Australia’s Policy toward the Aborigine, 1838-46.” The Journal of Modern History 33.3 (1961): 261–69.Morris, John. “Notes on a Message to the Tasmanian Aborigines in 1829, popularly called ‘Governor Davey’s Proclamation to the Aborigines, 1816’.” Australiana 10.3 (1988): 84–7.Nettelbeck, Amanda. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Newman, Terry. “Tasmania, the Name.” Companion to Tasmanian History, 2006. 16 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/T/Tasmania%20name.htm›.Reece, Robert H.W., in Amanda Nettelbeck. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Ryan, Lyndall. “The Black Line in Van Diemen’s Land: Success or Failure?” Journal of Australian Studies 37.1 (2013): 3–18.Savery, Henry. Quintus Servinton: A Tale Founded upon Events of Real Occurrence. Hobart Town: Henry Melville, 1830.Turnbull, Clive. Black War: The Extermination of the Tasmanian Aborigines. Melbourne: Sun Books, 1974 [1948].

Parity between the sexes, harmony between the religions, balance between the cultural differences: these principles all hinge upon the idealistic concept of all things in our human society being equal. In this issue of M/C Journal the notion of ‘equal’ is reviewed and discussed in terms of both its discourse and its application in real life. Beyond the concept of equal itself, uniting each author’s contribution is acknowledgement of the competing objectives which can promote bias and prejudice. Indeed, it is that prejudice, concomitant to the absence of equal treatment by and for all peoples, which is always of concern for the pursuit of social justice. Although it has been reduced to a brand-name of low calorie sugar substitute in the Australian supermarket and cafe set, the philosophical values and objectives behind the concept of equal underpin some of the most highly prized and esteemed ideals of western liberal democracy and its ideas on justice. To be equal in the modern sense means to be empowered, to enjoy the same entitlements as others and to have the same rights. At the same time, the privileges associated with being equal also come with responsibilities and it these that we continue to struggle with in our supposed enlightened age. The ideals we associate with equal are far from new, since they have informed ideas about citizenship and justice at least from the times of Ancient Greece and perhaps more problematically, the Principate period of the Roman Empire. It was out of the Principate that the notion primus inter pares (‘first among equals’) was implemented under Augustus in an effort to reconcile his role as Emperor within the Republic of Rome. This oxymoron highlights how very early in the history of Western thought inevitable compromises arose between the pursuit of equal treatment and its realisation. After all, Rome is as renowned for its Empire and Senate as it is for the way lions were fed Christians for entertainment. In the modern and postmodern world, the values around the concept of equal have become synonymous with the issue of equality, equal being a kind of applied action that has mobilised and enacted its ideals. With equality we are able to see more clearly the dialectic challenging the thesis of equal, the antitheses of unequal, and inequality. What these antitheses of equal accentuate is that anything to do with equality entails struggle and hard won gains. In culture, as in nature, things are rarely equal from the outset. As Richard Dawkins outlined in The Selfish Gene, “sperms and eggs … contribute equal number of genes, but eggs contribute far more in the way of food reserves … . Female exploitation begins here” (153). Disparities that promote certain advantages and disadvantages seem hard-wired into our chemistry, biology and subsequent natural and cultural environments. So to strive for the values around an ideal of equal means overcoming some major biological and social determinants. In other words, equality is not a pursuit for the uncommitted. Disparity, injustice, disempowerment, subjugations, winners and losers, victors and victims, oppressors and oppressed: these are the polarities that have been the hallmarks of human civilization. Traditionally, societies are slow to recognise contemporary contradictions and discriminations that deny the ideals and values that would otherwise promote a basis of equality. Given the right institutional apparatus, appropriate cultural logic and individual rationales, that which is unequal and unjust is easily absorbed and subscribed to by the most ardent defender of liberty and equality. Yet we do not have to search far afield in either time or geography to find evidence of institutionalised cultural barbarity that was predicated on logics of inequality. In the post-renaissance West, slavery is the most prominent example of a system that was highly rationalised, institutionalised, adhered to, and supported and exploited by none other than the children of the Enlightenment. The man who happened to be the principle author of one of the most renowned and influential documents ever written, the Declaration of Independence (1776), which proclaimed, “all men are created equal”, was Thomas Jefferson. He also owned 200 slaves. In the accompanying Constitution of the United States, twelve other amendments managed to take precedence over the abolition of slavery, meaning America was far from the ‘Land of the Free’ until 1865. Equal treatment of people in the modern world still requires lengthy and arduous battle. Equal rights and equal status continues to only come about after enormous sacrifices followed by relentless and incremental processes of jurisprudence. One of the most protracted struggles for equal standing throughout history and which has accompanied industrial modernity is, of course, that of class struggle. As a mass movement it represents one of the most sustained challenges to the many barriers preventing the distribution of basic universal human rights amongst the global population. Representing an epic movement of colossal proportions, the struggle for class equality, begun in the fiery cauldron of the 19th century and the industrial revolution, continued to define much of the twentieth century and has left a legacy of emancipation perhaps unrivalled on scale by any other movement at any other time in history. Overcoming capitalism’s inherent powers of oppression, the multitude of rights delivered by class struggle to once voiceless and downtrodden masses, including humane working conditions, fair wages and the distribution of wealth based on ideals of equal shares, represent the core of some of its many gains. But if anyone thought the central issues around class struggle and workers rights has been reconciled, particularly in Australia, one need only look back at the 2007 Federal election. The backlash against the Howard Government’s industrial relations legislation, branded ‘Work Choices’, should serve as a potent reminder of what the community deems fair and equitable when it comes to labor relations even amidst new economy rhetoric. Despite the epic scale and the enormous depth and breadth of class struggle across the twentieth century, in the West, the fight began to be overtaken both in profile and energy by the urgencies in equality addressed through the civil rights movement regarding race and feminism. In the 1960s the civil rights and women’s liberation movements pitted their numbers against the great bulwarks of white, male, institutional power that had up until then normalised and naturalised discrimination. Unlike class struggle, these movements rarely pursued outright revolution with its attendant social and political upheavals, and subsequent disappointments and failures. Like class struggle, however, the civil rights and feminist movements come out of a long history of slow and methodical resistance in the face of explicit suppression and willful neglect. These activists have been chipping away patiently at the monolithic racial and sexist hegemony ever since. The enormous achievements and progress made by both movements throughout the 1960s and 1970s represent a series of climaxes that came from a steady progression of resolute determination in the face of seemingly insurmountable odds. As the class, feminist and civil rights movements infiltrated the inner workings of Western democracies in the latter half of the twentieth century they promoted equal rights through advocacy and legislative and legal frameworks resulting in a transformation of the system from within. The emancipations delivered through these struggles for equal treatment have now gone on to be the near-universal model upon which contemporary equality is both based and sought in the developed and developing world. As the quest for equal status and treatment continues to advance, feminism and civil rights have since been supplanted as radical social movements by the rise of a new identity politics. Gathering momentum in the 1980s, the demand for equal treatment across all racial, sexual and other lines of identity shifted out of a mass movement mode and into one that reflects the demands coming from a more liberalised yet ultimately atomised society. Today, the legal frameworks that support equal treatment and prevents discrimination based on racial and sexual lines are sought by groups and individuals marginalised by the State and often corporate sector through their identification with specific sexual, religious, physical or intellectual attributes. At the same time that equality and rights are being pursued on these individual levels, there is the growing urgency of displaced peoples. The United Nations High Commission for Refugees (UNHCR) estimate globally there are presently 8.4 million refugees and 23.7 million uprooted domestic civilians (5). Fleeing from war, persecution or natural disasters, refugee numbers are sure to grow in a future de-stabilised by Climate Change, natural resource scarcity and food price inflation. The rights and protections of refugees entitled under international frameworks and United Nations guidelines must be respected and even championed by the foreign States they journey to. Future challenges need to address the present imbalance that promotes unjust and unequal treatment of refugees stemming from recent western initiatives like Fortress Europe, offshore holding sites like Naru and Christmas Island and the entire detention centre framework. The dissemination and continued fight for equal rights amongst individuals across so many boundaries has no real precedent in human history and represents one of the greatest challenges and potential benefits of the new millennium. At the same time Globalisation and Climate Change have rewritten the rule book in terms of what is at stake across human society and now, probably for the first time in humanity’s history, the Earth’s biosphere at large. In an age where equal measures and equal shares comes in the form of an environmental carbon footprint, more than ever we need solutions that address global inequities and can deliver just and sustainable equal outcomes. The choice is a stark one; a universal, sustainable and green future, where less equals more; or an unsustainable one where more is more but where Earth ends up equaling desolate Mars. While we seek a pathway to a sustainable future, developed nations will have to reconcile a period where things are asymmetrical and positively unequal. The developed world has to carry the heavy and expensive burden required to reduce CO2 emissions while making the necessary sacrifices to stop the equation where one Westerner equals five Indians when it comes to the consumption of natural resources. In an effort to assist and maintain the momentum that has been gained in the quest for equal rights and equal treatment for all, this issue of M/C Journal puts the ideal of ‘equal’ up for scrutiny and discussion. Although there are unquestioned basic principles that have gone beyond debate with regards to ideas around equal, problematic currents within the discourses surrounding concepts based on equality, equivalence and the principles that come out of things being equal remain. Critiquing the notion of equal also means identifying areas where seeking certain equivalences are not necessarily in the public interest. Our feature article examines the challenge of finding an equal footing for Australians of different faiths. Following their paper on the right to free speech published recently in the ‘citizen’ issue of M/C Journal, Anne Aly and Lelia Green discuss the equal treatment of religious belief in secular Australia by identifying the disparities that undermine ideals of religious pluralism. In their essay entitled “Less than Equal: Secularism, Religious Pluralism and Privilege”, they identify one of the central problems facing Islamic belief systems is Western secularism’s categorisation of religious belief as private practice. While Christian based faiths have been able to negotiate the bifurcation between public life and private faith, compartmentalising religious beliefs in this manner can run contrary to Islamic practice. The authors discuss how the separation of Church and State aspires to see all religions ignored equally, but support for a moderate Islam that sees it divorced from the public sphere is secularism’s way of constructing a less than equal Islam. Debra Mayrhofer analyses the unequal treatment received by young males in mainstream media representations in her paper entitled “Mad about the Boy”. By examining TV, radio and newspaper coverage of an ‘out-of-control teenage party’ in suburban Melbourne, Mayrhofer discusses the media’s treatment of the 16-year-old boy deemed to be at the centre of it all. Not only do the many reports evidence non-compliance with the media industry’s own code of ethics but Mayrhofer argues they represent examples of blatant exploitation of the boy. As this issue of M/C Journal goes online, news is now circulating about the boy’s forthcoming appearance in the Big Brother house and the release of a cover of the Beastie Boys’ 1986 hit “Fight for Your Right (to Party)” (see News.com.au). Media reportage of this calibre, noticeable for occurring beyond the confines of tabloid outlets, is seen to perpetuate myths associated with teenage males and inciting moral panics around the behaviour and attitudes expressed by adolescent male youth.Ligia Toutant charts the contentious borders between high, low and popular culture in her paper “Can Stage Directors Make Opera and Popular Culture ‘Equal’?” Referring to recent developments in the staging of opera, Toutant discusses the impacts of phenomena like broadcasts and simulcasts of opera and contemporary settings over period settings, as well as the role played by ticket prices and the introduction of stage directors who have been drawn from film and television. Issues of equal access to high and popular culture are explored by Toutant through the paradox that sees directors of popular feature films that can cost around US$72M with ticket prices under US$10 given the task of directing a US$2M opera with ticket prices that can range upward of US$200. Much has been written about newly elected Australian Prime Minister Kevin Rudd’s apology to the Stolen Generations of Aboriginal Australians whereas Opposition Leader Brendan Nelson’s Apology has been somewhat overlooked. Brooke Collins-Gearing redresses this imbalance with her paper entitled “Not All Sorrys Are Created Equal: Some Are More Equal than ‘Others.’” Collins-Gearing responds to Nelson’s speech from the stance of an Indigenous woman and criticises Nelson for ignoring Aboriginal concepts of time and perpetuating the attitudes and discourses that led to the forced removal of Aboriginal children from their families in the first place. Less media related and more science oriented is John Paull’s discussion on the implications behind the concept of ‘Substantial Equivalence’ being applied to genetically modified organisms (GMO) in “Beyond Equal: From Same But Different to the Doctrine of Substantial Equivalence”. Embraced by manufacturers of genetically modified foods, the principle of substantial equivalence is argued by Paull to provide the bioengineering industry with a best of both worlds scenario. On the one hand, being treated the ‘same’ as elements from unmodified foods GMO products escape the rigours of safety testing and labelling that differentiates them from unmodified foods. On the other hand, by also being defined as ‘different’ they enjoy patent protection laws and are free to pursue monopoly rights on specific foods and technologies. It is easy to envisage an environment arising in which the consumer runs the risk of eating untested foodstuffs while the corporations that have ‘invented’ these new life forms effectively prevent competition in the marketplace. This issue of M/C Journal has been a pleasure to compile. We believe the contributions are remarkable for the broad range of issues they cover and for their great timeliness, dealing as they do with recent events that are still fresh, we hope, in the reader’s mind. We also hope you enjoy reading these papers as much as we enjoyed working with their authors and encourage you to click on the ‘Respond to this Article’ function next to each paper’s heading, aware that there is the possibility for your opinions to gain equal footing with those of the contributors if your response is published. References Dawkins, Richard. The Selfish Gene. Oxford: Oxford UP, 1976.News.com.au. “Oh, Brother, So It’s Confirmed – Corey Set for House.” 1 May 2008. 3 May 2008 < http://www.news.com.au/entertainment/story/0,26278,23627561-10229,00.html >.UNHCR – The UN Refugee Agency. The World’s Stateless People. 2006. 2 May 2008 < http://www.unhcr.org/basics/BASICS/452611862.pdf >.

All history of this area and the general talk and all of that is that 1973 was a turning point and the Aquarius Festival is credited with having turned this region around in so many ways, but I think that is a myth ... and I have to honour the truth; and the truth is that old Dicke Donelly came and did a Welcome to Country the night before the festival. (Joseph in Joseph and Hanley)In 1973 the Australian Union of Students (AUS) held the Aquarius Arts and Lifestyle Festival in a small, rural New South Wales town called Nimbin. The festival was seen as the peak expression of Australian counterculture and is attributed to creating the “Rainbow Region”, an area with a concentration of alternative life stylers in Northern NSW (Derrett 28). While the Aquarius Festival is recognised as a founding historical and countercultural event, the unique and important relationships established with Indigenous people at this time are generally less well known. This article investigates claims that the 1973 Aquarius Festival was “the first event in Australian history that sought permission for the use of the land from the Traditional Owners” (Joseph and Hanley). The diverse international, national and local conditions that coalesced at the Aquarius Festival suggest a fertile environment was created for reconciliatory bonds to develop. Often dismissed as a “tree hugging, soap dodging movement,” the counterculture was radically politicised having sprung from the 1960s social revolutions when the world witnessed mass demonstrations that confronted war, racism, sexism and capitalism. Primarily a youth movement, it was characterised by flamboyant dress, music, drugs and mass gatherings with universities forming the epicentre and white, middle class youth leading the charge. As their ideals of changing the world were frustrated by lack of systematic change, many decided to disengage and a migration to rural settings occurred (Jacob; Munro-Clarke; Newton). In the search for alternatives, the counterculture assimilated many spiritual practices, such as Eastern traditions and mysticism, which were previously obscure to the Western world. This practice of spiritual syncretism can be represented as a direct resistance to the hegemony of the dominant Western culture (Stell). As the new counterculture developed, its progression from urban to rural settings was driven by philosophies imbued with a desire to reconnect with and protect the natural world while simultaneously rejecting the dominant conservative order. A recurring feature of this countercultural ‘back to the land’ migration was not only an empathetic awareness of the injustices of colonial past, but also a genuine desire to learn from the Indigenous people of the land. Indigenous people were generally perceived as genuine opposers of Westernisation, inherently spiritual, ecological, tribal and communal, thus encompassing the primary values to which the counterculture was aspiring (Smith). Cultures converged. One, a youth culture rebelling from its parent culture; the other, ancient cultures reeling from the historical conquest by the youths’ own ancestors. Such cultural intersections are rich with complex scenarios and politics. As a result, often naïve, but well-intended relations were established with Native Americans, various South American Indigenous peoples, New Zealand Maori and, as this article demonstrates, the Original People of Australia (Smith; Newton; Barr-Melej; Zolov). The 1960s protest era fostered the formation of groups aiming to address a variety of issues, and at times many supported each other. Jennifer Clarke says it was the Civil Rights movement that provided the first models of dissent by formulating a “method, ideology and language of protest” as African Americans stood up and shouted prior to other movements (2). The issue of racial empowerment was not lost on Australia’s Indigenous population. Clarke writes that during the 1960s, encouraged by events overseas and buoyed by national organisation, Aborigines “slowly embarked on a political awakening, demanded freedom from the trappings of colonialism and responded to the effects of oppression at worst and neglect at best” (4). Activism of the 1960s had the “profoundly productive effect of providing Aborigines with the confidence to assert their racial identity” (159). Many Indigenous youth were compelled by the zeitgeist to address their people’s issues, fulfilling Charlie Perkins’s intentions of inspiring in Indigenous peoples a will to resist (Perkins). Enjoying new freedoms of movement out of missions, due to the 1967 Constitutional change and the practical implementation of the assimilation policy, up to 32,000 Indigenous youth moved to Redfern, Sydney between 1967 and 1972 (Foley, “An Evening With”). Gary Foley reports that a dynamic new Black Power Movement emerged but the important difference between this new younger group and the older Indigenous leaders of the day was the diverse range of contemporary influences. Taking its mantra from the Black Panther movement in America, though having more in common with the equivalent Native American Red Power movement, the Black Power Movement acknowledged many other international struggles for independence as equally inspiring (Foley, “An Evening”). People joined together for grassroots resistance, formed anti-hierarchical collectives and established solidarities between varied groups who previously would have had little to do with each other. The 1973 Aquarius Festival was directly aligned with “back to the land” philosophies. The intention was to provide a place and a reason for gathering to “facilitate exchanges on survival techniques” and to experience “living in harmony with the natural environment.” without being destructive to the land (Dunstan, “A Survival Festival”). Early documents in the archives, however, reveal no apparent interest in Australia’s Indigenous people, referring more to “silken Arabian tents, mediaeval banners, circus, jugglers and clowns, peace pipes, maypole and magic circles” (Dunstan, “A Survival Festival”). Obliterated from the social landscape and minimally referred to in the Australian education system, Indigenous people were “off the radar” to the majority mindset, and the Australian counterculture similarly was slow to appreciate Indigenous culture. Like mainstream Australia, the local counterculture movement largely perceived the “race” issue as something occurring in other countries, igniting the phrase “in your own backyard” which became a catchcry of Indigenous activists (Foley, “Whiteness and Blackness”) With no mention of any Indigenous interest, it seems likely that the decision to engage grew from the emerging climate of Indigenous activism in Australia. Frustrated by student protestors who seemed oblivious to local racial issues, focusing instead on popular international injustices, Indigenous activists accused them of hypocrisy. Aquarius Festival directors, found themselves open to similar accusations when public announcements elicited a range of responses. Once committed to the location of Nimbin, directors Graeme Dunstan and Johnny Allen began a tour of Australian universities to promote the upcoming event. While at the annual conference of AUS in January 1973 at Monash University, Dunstan met Indigenous activist Gary Foley: Gary witnessed the presentation of Johnny Allen and myself at the Aquarius Foundation session and our jubilation that we had agreement from the village residents to not only allow, but also to collaborate in the production of the Festival. After our presentation which won unanimous support, it was Gary who confronted me with the question “have you asked permission from local Aboriginal folk?” This threw me into confusion because we had seen no Aboriginals in Nimbin. (Dunstan, e-mail) Such a challenge came at a time when the historical climate was etched with political activism, not only within the student movement, but more importantly with Indigenous activists’ recent demonstrations, such as the installation in 1972 of the Tent Embassy in Canberra. As representatives of the counterculture movement, which was characterised by its inclinations towards consciousness-raising, AUS organisers were ethically obliged to respond appropriately to the questions about Indigenous permission and involvement in the Aquarius Festival at Nimbin. In addition to this political pressure, organisers in Nimbin began hearing stories of the area being cursed or taboo for women. This most likely originated from the tradition of Nimbin Rocks, a rocky outcrop one kilometre from Nimbin, as a place where only certain men could go. Jennifer Hoff explains that many major rock formations were immensely sacred places and were treated with great caution and respect. Only a few Elders and custodians could visit these places and many such locations were also forbidden for women. Ceremonies were conducted at places like Nimbin Rocks to ensure the wellbeing of all tribespeople. Stories of the Nimbin curse began to spread and most likely captivated a counterculture interested in mysticism. As organisers had hoped that news of the festival would spread on the “lips of the counterculture,” they were alarmed to hear how “fast the bad news of this curse was travelling” (Dunstan, e-mail). A diplomatic issue escalated with further challenges from the Black Power community when organisers discovered that word had spread to Sydney’s Indigenous community in Redfern. Organisers faced a hostile reaction to their alleged cultural insensitivity and were plagued by negative publicity with accusations the AUS were “violating sacred ground” (Janice Newton 62). Faced with such bad press, Dunstan was determined to repair what was becoming a public relations disaster. It seemed once prompted to the path, a sense of moral responsibility prevailed amongst the organisers and they took the unprecedented step of reaching out to Australia’s Indigenous people. Dunstan claimed that an expedition was made to the local Woodenbong mission to consult with Elder, Uncle Lyle Roberts. To connect with local people required crossing the great social divide present in that era of Australia’s history. Amy Nethery described how from the nineteenth century to the 1960s, a “system of reserves, missions and other institutions isolated, confined and controlled Aboriginal people” (9). She explains that the people were incarcerated as a solution to perceived social problems. For Foley, “the widespread genocidal activity of early “settlement” gave way to a policy of containment” (Foley, “Australia and the Holocaust”). Conditions on missions were notoriously bad with alcoholism, extreme poverty, violence, serious health issues and depression common. Of particular concern to mission administrators was the perceived need to keep Indigenous people separate from the non-indigenous population. Dunstan described the mission he visited as having “bad vibes.” He found it difficult to communicate with the elderly man, and was not sure if he understood Dunstan’s quest, as his “responses came as disjointed raves about Jesus and saving grace” (Dunstan, e-mail). Uncle Lyle, he claimed, did not respond affirmatively or negatively to the suggestion that Nimbin was cursed, and so Dunstan left assuming it was not true. Other organisers began to believe the curse and worried that female festival goers might get sick or worse, die. This interpretation reflected, as Vanessa Bible argues, a general Eurocentric misunderstanding of the relationship of Indigenous peoples with the land. Paul Joseph admits they were naïve whites coming into a place with very little understanding, “we didn’t know if we needed a witch doctor or what we needed but we knew we needed something from the Aborigines to lift the spell!”(Joseph and Hanley). Joseph, one of the first “hippies” who moved to the area, had joined forces with AUS organisers. He said, “it just felt right” to get Indigenous involvement and recounted how organisers made another trip to Woodenbong Mission to find Dickee (Richard) Donnelly, a Song Man, who was very happy to be invited. Whether the curse was valid or not it proved to be productive in further instigating respectful action. Perhaps feeling out of their depth, the organisers initiated another strategy to engage with Australian Indigenous people. A call out was sent through the AUS network to diversify the cultural input and it was recommended they engage the services of South African artist, Bauxhau Stone. Timing aligned well as in 1972 Australia had voted in a new Prime Minister, Gough Whitlam. Whitlam brought about significant political changes, many in response to socialist protests that left a buoyancy in the air for the counterculturalist movement. He made prodigious political changes in support of Indigenous people, including creating the Aboriginal Arts Board as part of the Australian Council of the Arts (ACA). As the ACA were already funding activities for the Aquarius Festival, organisers were successful in gaining two additional grants specifically for Indigenous participation (Farnham). As a result We were able to hire […] representatives, a couple of Kalahari bushmen. ‘Cause we were so dumb, we didn’t think we could speak to the black people, you know what I mean, we thought we would be rejected, or whatever, so for us to really reach out, we needed somebody black to go and talk to them, or so we thought, and it was remarkable. This one Bau, a remarkable fellow really, great artist, great character, he went all over Australia. He went to Pitjantjatjara, Yirrkala and we arranged buses and tents when they got here. We had a very large contingent of Aboriginal people come to the Aquarius Festival, thanks to Whitlam. (Joseph in Joseph and Henley) It was under the aegis of these government grants that Bauxhau Stone conducted his work. Stone embodied a nexus of contemporary issues. Acutely aware of the international movement for racial equality and its relevance to Australia, where conditions were “really appalling”, Stone set out to transform Australian race relations by engaging with the alternative arts movement (Stone). While his white Australian contemporaries may have been unaccustomed to dealing with the Indigenous racial issue, Stone was actively engaged and thus well suited to act as a cultural envoy for the Aquarius Festival. He visited several local missions, inviting people to attend and notifying them of ceremonies being conducted by respected Elders. Nimbin was then the site of the Aquarius Lifestyle and Celebration Festival, a two week gathering of alternative cultures, technologies and youth. It innovatively demonstrated its diversity of influences, attracted people from all over the world and was the first time that the general public really witnessed Australia’s counterculture (Derrett 224). As markers of cultural life, counterculture festivals of the 1960s and 1970s were as iconic as the era itself and many around the world drew on the unique Indigenous heritage of their settings in some form or another (Partridge; Perone; Broadley and Jones; Zolov). The social phenomenon of coming together to experience, celebrate and foster a sense of unity was triggered by protests, music and a simple, yet deep desire to reconnect with each other. Festivals provided an environment where the negative social pressures of race, gender, class and mores (such as clothes) were suspended and held the potential “for personal and social transformation” (St John 167). With the expressed intent to “take matters into our own hands” and try to develop alternative, innovative ways of doing things with collective participation, the Aquarius Festival thus became an optimal space for reinvigorating ancient and Indigenous ways (Dunstan, “A Survival Festival”). With philosophies that venerated collectivism, tribalism, connecting with the earth, and the use of ritual, the Indigenous presence at the Aquarius Festival gave attendees the opportunity to experience these values. To connect authentically with Nimbin’s landscape, forming bonds with the Traditional Owners was essential. Participants were very fortunate to have the presence of the last known initiated men of the area, Uncle Lyle Roberts and Uncle Dickee Donnely. These Elders represented the last vestiges of an ancient culture and conducted innovative ceremonies, song, teachings and created a sacred fire for the new youth they encountered in their land. They welcomed the young people and were very happy for their presence, believing it represented a revolutionary shift (Wedd; King; John Roberts; Cecil Roberts). Images 1 and 2: Ceremony and talks conducted at the Aquarius Festival (people unknown). Photographs reproduced by permission of photographer and festival attendee Paul White. The festival thus provided an important platform for the regeneration of cultural and spiritual practices. John Roberts, nephew of Uncle Lyle, recalled being surprised by the reaction of festival participants to his uncle: “He was happy and then he started to sing. And my God … I couldn’t get near him! There was this big ring of hippies around him. They were about twenty deep!” Sharing to an enthusiastic, captive audience had a positive effect and gave the non-indigenous a direct Indigenous encounter (Cecil Roberts; King; Oshlak). Estimates of the number of Indigenous people in attendance vary, with the main organisers suggesting 800 to 1000 and participants suggesting 200 to 400 (Stone; Wedd; Oshlak: Joseph; King; Cecil Roberts). As the Festival lasted over a two week period, many came and left within that time and estimates are at best reliant on memory, engagement and perspectives. With an estimated total attendance at the Festival between 5000 and 10,000, either number of Indigenous attendees is symbolic and a significant symbolic statistic for Indigenous and non-indigenous to be together on mutual ground in Australia in 1973. Images 3-5: Performers from Yirrkala Dance Group, brought to the festival by Stone with funding from the Federal Government. Photographs reproduced by permission of photographer and festival attendee Dr Ian Cameron. For Indigenous people, the event provided an important occasion to reconnect with their own people, to share their culture with enthusiastic recipients, as well as the chance to experience diverse aspects of the counterculture. Though the northern NSW region has a history of diverse cultural migration of Italian and Indian families, the majority of non-indigenous and Indigenous people had limited interaction with cosmopolitan influences (Kijas 20). Thus Nimbin was a conservative region and many Christianised Indigenous people were also conservative in their outlook. The Aquarius Festival changed that as the Indigenous people experienced the wide-ranging cultural elements of the alternative movement. The festival epitomised countercultural tendencies towards flamboyant fashion and hairstyles, architectural design, fantastical art, circus performance, Asian clothes and religious products, vegetarian food and nudity. Exposure to this bohemian culture would have surely led to “mind expansion and consciousness raising,” explicit aims adhered to by the movement (Roszak). Performers and participants from Africa, America and India also gave attending Indigenous Australians the opportunity to interact with non-European cultures. Many people interviewed for this paper indicated that Indigenous people’s reception of this festival experience was joyous. For Australia’s early counterculture, interest in Indigenous Australia was limited and for organisers of the AUS Aquarius Festival, it was not originally on the agenda. The counterculture in the USA and New Zealand had already started to engage with their Indigenous people some years earlier. However due to the Aquarius Festival’s origins in the student movement and its solidarities with the international Indigenous activist movement, they were forced to shift their priorities. The coincidental selection of a significant spiritual location at Nimbin to hold the festival brought up additional challenges and countercultural intrigue with mystical powers and a desire to connect authentically to the land, further prompted action. Essentially, it was the voices of empowered Indigenous activists, like Gary Foley, which in fact triggered the reaching out to Indigenous involvement. While the counterculture organisers were ultimately receptive and did act with unprecedented respect, credit must be given to Indigenous activists. The activist’s role is to trigger action and challenge thinking and in this case, it was ultimately productive. Therefore the Indigenous people were not merely passive recipients of beneficiary goodwill, but active instigators of appropriate cultural exchange. After the 1973 festival many attendees decided to stay in Nimbin to purchase land collectively and a community was born. Relationships established with local Indigenous people developed further. Upon visiting Nimbin now, one will see a vibrant visual display of Indigenous and psychedelic themed art, a central park with an open fire tended by local custodians and other Indigenous community members, an Aboriginal Centre whose rent is paid for by local shopkeepers, and various expressions of a fusion of counterculture and Indigenous art, music and dance. While it appears that reconciliation became the aspiration for mainstream society in the 1990s, Nimbin’s early counterculture history had Indigenous reconciliation at its very foundation. The efforts made by organisers of the 1973 Aquarius Festival stand as one of very few examples in Australian history where non-indigenous Australians have respectfully sought to learn from Indigenous people and to assimilate their cultural practices. It also stands as an example for the world, of reconciliation, based on hippie ideals of peace and love. They encouraged the hippies moving up here, even when they came out for Aquarius, old Uncle Lyle and Richard Donnelly, they came out and they blessed the mob out here, it was like the hairy people had come back, with the Nimbin, cause the Nimbynji is the little hairy people, so the hairy people came back (Jerome). References Barr-Melej, Patrick. “Siloísmo and the Self in Allende’s Chile: Youth, 'Total Revolution,' and the Roots of the Humanist Movement.” Hispanic American Historical Review 86.4 (Nov. 2006): 747-784. Bible, Vanessa. Aquarius Rising: Terania Creek and the Australian Forest Protest Movement. BA (Honours) Thesis. University of New England, Armidale, 2010. Broadley, Colin, and Judith Jones, eds. Nambassa: A New Direction. Auckland: Reed, 1979. Bryant, Gordon M. Parliament of Australia. Minister for Aboriginal Affairs. 1 May 1973. Australian Union of Students. Records of the AUS, 1934-1991. National Library of Australia MS ACC GB 1992.0505. Cameron, Ian. “Aquarius Festival Photographs.” 1973. Clarke, Jennifer. Aborigines and Activism: Race, Aborigines and the Coming of the Sixties to Australia. Crawley: University of Western Australia Press, 2008. Derrett, Ross. Regional Festivals: Nourishing Community Resilience: The Nature and Role of Cultural Festivals in Northern Rivers NSW Communities. PhD Thesis. Southern Cross University, Lismore, 2008. Dunstan, Graeme. “A Survival Festival May 1973.” 1 Aug. 1972. Pamphlet. MS 6945/1. Nimbin Aquarius Festival Archives. National Library of Australia, Canberra. ---. E-mail to author, 11 July 2012. ---. “The Aquarius Festival.” Aquarius Rainbow Region. n.d. Farnham, Ken. Acting Executive Officer, Aboriginal Council for the Arts. 19 June 1973. Letter. MS ACC GB 1992.0505. Australian Union of Students. Records of the AUS, 1934-1991. National Library of Australia, Canberra. Foley, Gary. “Australia and the Holocaust: A Koori Perspective (1997).” The Koori History Website. n.d. 20 May 2013 ‹http://www.kooriweb.org/foley/essays/essay_8.html›. ---. “Whiteness and Blackness in the Koori Struggle for Self-Determination (1999).” The Koori History Website. n.d. 20 May 2013 ‹http://www.kooriweb.org/foley/essays/essay_9.html›. ---. “Black Power in Redfern 1968-1972 (2001).” The Koori History Website. n.d. 20 May 2013 ‹http://www.kooriweb.org/foley/essays/essay_1.html›. ---. “An Evening with Legendary Aboriginal Activist Gary Foley.” Conference Session. Marxism 2012 “Revolution in the Air”, Melbourne, Mar. 2012. Hoff, Jennifer. Bundjalung Jugun: Bundjalung Country. Lismore: Richmond River Historical Society, 2006. Jacob, Jeffrey. New Pioneers: The Back-to-the-Land Movement and the Search for a Sustainable Future. Pennsylvania: Penn State Press, 1997. Jerome, Burri. Interview. 31 July 2012. Joseph, Paul. Interview. 7 Aug. 2012. Joseph, Paul, and Brendan ‘Mookx’ Hanley. Interview by Rob Willis. 14 Aug. 2010. Audiofile, Session 2 of 3. nla.oh-vn4978025. Rob Willis Folklore Collection. National Library of Australia, Canberra. Kijas, Johanna, Caravans and Communes: Stories of Settling in the Tweed 1970s & 1980s. Murwillumbah: Tweed Shire Council, 2011. King, Vivienne (Aunty Viv). Interview. 1 Aug. 2012. Munro-Clarke, Margaret. Communes of Rural Australia: The Movement Since 1970. Sydney: Hale and Iremonger, 1986. Nethery, Amy. “Aboriginal Reserves: ‘A Modern-Day Concentration Camp’: Using History to Make Sense of Australian Immigration Detention Centres.” Does History Matter? Making and Debating Citizenship, Immigration and Refugee Policy in Australia and New Zealand. Eds. Klaus Neumann and Gwenda Tavan. Canberra: Australian National University Press, 2009. 4. Newton, Janice. “Aborigines, Tribes and the Counterculture.” Social Analysis 23 (1988): 53-71. Newton, John. The Double Rainbow: James K Baxter, Ngati Hau and the Jerusalem Commune. Wellington: Victoria University Press, 2009. Offord, Baden. “Mapping the Rainbow Region: Fields of Belonging and Sites of Confluence.” Transformations 2 (March 2002): 1-5. Oshlak, Al. Interview. 27 Mar. 2013. Partridge, Christopher. “The Spiritual and the Revolutionary: Alternative Spirituality, British Free Festivals, and the Emergence of Rave Culture.” Culture and Religion: An Interdisciplinary Journal 7 (2006): 3-5. Perkins, Charlie. “Charlie Perkins on 1965 Freedom Ride.” Youtube, 13 Oct. 2009. Perone, James E. Woodstock: An Encyclopedia of the Music and Art Fair. Greenwood: Greenwood Publishing Group, 2005. Roberts, John. Interview. 1 Aug. 2012. Roberts, Cecil. Interview. 6 Aug. 2012. Roszak, Theodore. The Making of a Counter Culture: Reflections on the Technocratic Society and Its Youthful Opposition. New York: University of California Press,1969. St John, Graham. “Going Feral: Authentica on the Edge of Australian culture.” The Australian Journal of Anthropology 8 (1997): 167-189. Smith, Sherry. Hippies, Indians and the Fight for Red Power. New York: Oxford University Press, 2012. Stell, Alex. Dancing in the Hyper-Crucible: The Rite de Passage of the Post-Rave Movement. BA (Honours) Thesis. University of Westminster, London, 2005. Stone, Trevor Bauxhau. Interview. 1 Oct. 2012. Wedd, Leila. Interview. 27 Sep. 2012. White, Paul. “Aquarius Revisited.” 1973. Zolov, Eric. Refried Elvis: The Rise of the Mexican Counterculture. Berkeley: University of California Press, 1999.

Relationships between South Asians and Australians during the colonial period have been little investigated. Closer attention to the dramatically expanded sea trade after 1850 and the relatively uncontrolled movement of people, ideas and goods which occurred on them, despite claims of imperial regulation, suggests that significant numbers of Indians among others entered Australia outside the immigration restrictions of empire or settlers. Given that many of them entered or remained in Australia without official sanction, their histories will not be found in the official immigration records, but rather in the memories and momentos of the communities into which they might have moved. Exploring the histories of Aboriginal communities and of maritime working class networks does allow a previously unwritten history to emerge: not only of Indian individuals with complex personal and working histories, but often as activists in the campaigns against racial discrimination and in support of decolonization. Yet their heritage has been obscured. The polarizing conflict between settlers and Aboriginal Australians has invariably meant that Aboriginal people of mixed background had to ‘choose sides’ to be counted simplistically as either ‘black’ or ‘white’. The need to defend the community’s rights has meant that Aboriginal people had to be unequivocal in their identification and this simplification has had to take precedence over the assertion of a diverse heritage. In working class histories, the mobilization of selective ethnic stereotyping has meant that the history of Indians as workers, as unionists and as activists has been distorted and ignored.

In a letter responding to the Federal Government’s refusal to offer a formal apology to the ‘Stolen Generation’ of Indigenous Australians, members of the Vietnamese-Australian community expressed an understanding (often lacked by Anglo-Australians) of the need to appreciate their position as migrants in relation to the Indigenous community: "We are here now, living in cities and towns that once were their hunting grounds, their camping places, their sacred sites. We are the beneficiaries of their dispossession, and we acknowledge their loss. We understand about the loss of home, family and cultural values, and we too would like to express our deep sorrow to all indigenous Australians for their suffering and offer our support for genuine reconciliation." (Le and Nguyen 14) This letter remains one of the few instances in which the contemporary positioning of migrant and Indigenous peoples is discussed in relation to one another. It is demonstrative of some of the points of continuity between the ways Aboriginal and migrant collectivities (especially those who are racially ‘marked’) experience Australian society but, more often than not, these connections remain under-theorised. In Australian debates concerning the significance of descent, belonging and culture, there have been two distinct, yet connected currents (Curthoys 21). One of these debates concerns the positioning of Indigenous and settler Australians within a (continuing) history of colonisation and genocide. The other debate centres on immigration, multiculturalism and ethnic/cultural diversity. Ghassan Hage argues that such distinctions are a reflection of a white governmental tendency that conceives ‘white-Aboriginal’ and ‘Anglo-Ethnic’ relations in oppositional terms. The whites "relating to Aboriginal people appear as totally unaffected by multiculturalism, while the ‘Anglos’ relating to the ‘ethnics’ appear as if they have no Aboriginal question about which to worry" (24). It is only since the mid to late 1990s that debates on both Indigenous and immigration policies (re-ignited by independent member of parliament Pauline Hanson in 1996) have been explicitly connected. This article examines the ambiguous and often strained relationship between the positioning of Indigenous and migrant peoples in contemporary Australian society. While the above letter suggests a degree of sympathy and empathy between recent migrant collectivities and Aboriginal people, such a level of recognition and understanding cannot be taken for granted. The following account of Aboriginal-migrant relations indicates that these are structured by both "complex conflicts and points of solidarity" (Perera and Pugliese 5). Given that both diasporic and Indigenous communities can be the targets of white supremacist ideologies and hostilities, some commonalities between these collectivities become apparent. The "attraction of outsiders to fellow outsiders, the stranger (the [I]ndigenous made a stranger in her or his own land) to the stranger from elsewhere" (Docker and Fischer 15), can result in the creation of common interests and affiliations. However, diasporic communities do not share the same history of colonisation (in Australia, at least) with Indigenous Australians, and may be perceived as yet another set of invaders. Just like the colonisers, more recent migrants are beneficiaries of the original dispossession and (continuing) colonisation of Aboriginal and Torres Strait Islander Australians. The Indigenous and the Diasporic: Tensions and Uncertainties The shared knowledge of being located on the margins of white Australian society has enabled Aboriginal and non-white racial minorities to see many similarities in their circumstances and experiences. Both Aboriginal and non-Anglo migrant collectivities have largely been excluded from dominant ideologies of Australian national belonging. Those migrants who have come to Australia as refugees can often appreciate the feelings of cultural domination and loss that many Aboriginal people experience on a daily basis. Both Aboriginal and NESB collectivities have also come under pressure to adopt the assumed monolithic Australian culture. The assimilation policy offered a chance for Aborigines and NESB migrants to ‘fit in’, but this was on the proviso that they conform. Both NESB and Aboriginal communities experience ongoing structural disadvantages in Australian society and its economy. These collectivities can also suffer discrimination and hostility in their social relations with fellow Australians. Despite these similarities, however, there is often a lack of identification between Aboriginal and migrant collectivities. Australian Indigenous and immigrant peoples have very divergent histories and Aboriginal and Torres Strait Islander people often resist being drawn under the rubric of multiculturalism. Instead, many Indigenous Australians have attacked multiculturalism, claiming that the idea of the equal validity of every culture "reduces them to the status of just another ethnic minority" (Bulbeck 273). Many Aboriginal and Torres Strait Islander people wish to reinforce their status as the ‘first’ or Indigenous peoples of this country; an insistence that does not necessarily assist recognition of the ways in which racism and ethnocentrism impact upon ‘Other’ minorities. Another reason for the relative lack of engagement between Indigenous and diasporic communities is that the political agenda of Aboriginal and Torres Strait Islander people is different from that of other minority collectivities. Indigenous activists have expressed understandable and substantiated fears that the focus on multiculturalism not only overlooks the Indigenous status of Aborigines as ‘first peoples’, but can distract attention from the issues of land rights and Native Title (Gunew 455). Lois O’Donoghue recognises both advantages and disadvantages in contemporary multiculturalism: "Perhaps Aboriginal people have benefited from the greater appreciation of cultural diversity which has resulted from the admission of other points of view". However, "we are the original inhabitants of this land, and our sufferings, past and present, make some form of special recognition a moral imperative" (qtd. in Bulbeck 274). Another difficulty lies is that newly arrived migrants are extended various social rights and privileges that have only relatively recently been granted to Indigenous Australians. Many Indigenes have resented the fact that new groups may be better treated than themselves, with some migrants taking on "the racist stereotypes of Anglo-Australian society" (Vasta 51). In Sang Ye’s interviews with various Chinese migrants in The Year the Dragon Came, for instance, one interviewee claimed that: "Nearly all the Aborigines are unemployed or refuse to take jobs that are available; they’re outside the pubs or on the grass getting drunk on beer" (182). These comments show very clearly that the common experiences of racism that many NESB and Aboriginal Australians share do not automatically guarantee understanding or political solidarity between the two groups (Perera and Pugliese 14). The above quotation also illustrates the way in which NESB Australians can reproduce dominant white Australian characterisations of contemporary Aboriginality. Aboriginal people continue to face popular conceptions of themselves as drunken, lazy, intellectually inferior, or as suitable only for servile or menial work (Morris 171-173). As Ruby Langford Ginibi maintains: They’ve got us stereotyped as nothing but lazy layabout boongs, you know, and they see a Koori fella staggering down the street charged up and they say, ‘Oh, they’re all like that,’ but they never stop, or pause to think, ‘Hey, what’s made this person like this?’ You can’t do what has been done to a race of people without it having disastrous results. (qtd. in Little 105 As long as Anglo- and NESB Australians focus on the low socioeconomic position of Aboriginal people without considering the lasting effects of colonialism, Aborigines will continually be cast as the culprits of their own positioning. Widely-circulated conservative ideologies that blame Aboriginal people for their own victimisation overlook the enduring legacies of colonisation. As Arthur Corunna states in Sally Morgan’s My Place: "You see, the trouble is that colonialism isn’t over yet" (212). According to Suvendrini Perera and Joseph Pugliese, "[i]t is vital that the structural disadvantages and racisms faced by indigenous peoples not be relegated to history, but be seen as ongoing in contemporary Australia" (10). Many Aboriginal communities also feel that because migrants have not, in Australia at least, suffered the same extent of cultural domination, they are less disadvantaged. John Docker argues that each individual in 1788 and since who has come to Australia, however variegated their experiences and "however much there has been racism and ethnocentrism and differential access to power ha[s] benefited from the original invasion and dispossession of the Aboriginal peoples, and still benefit[s]" (54). For Aboriginal people migrant groups could be seen as another set of invaders, "not brothers and sisters on the margins, not the fellow oppressed and dispossessed" (Docker 54). Aboriginal and Torres Strait Islander people have thus avoided conflating their own political agendas – at the foreground of which are land rights and Native Title – with the very different concerns of various migrant communities (Brewster 16). Many Aboriginal people feel that because those migrating to Australia can retain their language, and often have families or communities to go to, they are less disadvantaged. Langford Ginibi’s comments are illustrative: Even the people who migrate here are on a higher social level than we are, and we’re the first people of this land! My people were forced to give away using our language and culture, and adopt the ways of the white man, but the people who migrated here don’t give away their language or culture to become Australian citizens." (52) In her autobiography Born a Half-Caste, Marnie Kennedy makes similar claims: "Every nationality in Australia is allowed to speak its language. They have their own gatherings. These are the things that make Aborigines very bitter because they were made to give up everything that was sacred to them" (4-5). Given the tensions and contradictions outlined above, long-lasting and productive relations between Aboriginal and NESB peoples can sometimes be difficult to forge, but it is important that NESB people recognise their responsibility in the ongoing dispossession of Indigenous Australians. NESB migrants (and all non-Aboriginal Australians) remain the beneficiaries of colonisation but, unlike their Anglo-Australian counterparts, non-white migrants have been racially marked and had their ability to claim the title ‘Australian’ questioned. Ongoing analysis of the positioning of NESB collectivities in relation to Aboriginal peoples will assist in undermining the central conflict of Black vs. white in reconciliation debates. Further research might also help disrupt the continuing cleavage of ‘the immigrant’ and ‘the Indigene’ in contemporary paradigms of reconciliation, providing a space for discussion on the potential role and contribution of NESB Australians to the reconciliation process. References Brewster, Anne. Literary Formations: Post-colonialism, Nationalism, Globalism. Carlton, Vic: Melbourne UP, 1995. Bulbeck, Chilla. Social Sciences in Australia: An Introduction. Sydney: Harcourt Brace Jovanovich, 1993. Curthoys, Ann. "An Uneasy Conversation: The Multicultural and the Indigenous." Race, Colour and Identity in Australia and New Zealand. Eds. John Docker and Gerhard Fischer. Sydney: U of NSW P, 2000. 21-36. Docker, John. "The Temperament of Editors and a New Multicultural Orthodoxy." Island Magazine 48 (1991): 50-55. Docker, John, and Gerhard Fischer. "Adventures of Identity." Race, Colour and Identity in Australia and New Zealand. Eds. John Docker and Gerhard Fischer. Sydney: U of NSW P, 2000. 3-20. Gunew, Sneja. "Multicultural Multplicities: US, Canada, and Australia." Meanjin 52.3 (1993): 447-461. Kennedy, Marnie. Born a Half-Caste. Canberra: Australian Institute of Aboriginal Studies, 1985. Langford Ginibi, Ruby. My Bundjalung People. St. Lucia, Qld: U of Queensland P, 1994. Le, Thanh Van , and Thang Manh Nguyen. "Vietnamese and Aborigines: Letter." Age 3 Apr. 1998: 14. Little, Janine. "Talking with Ruby Langford Ginibi." Hecate 20.1 (1994): 100-121. Morgan, Sally. My Place. South Fremantle: Fremantle Arts Centre P, 1987. Morris, Barry. "Racism, Egalitarianism and Aborigines." Race Matters: Indigenous Australians and 'Our' Society. Eds. Gillian Cowlishaw and Barry Morris. Canberra: Aboriginal Studies P, 1997. 161-176. Perera, Suvendrini, and Joseph Pugliese. "Detoxifying Australia?" Migration Action 20.2 (1998): 4-18.