Journal articles on the topic 'Aboriginal Australians – Treaties'

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.

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.

This prospective study was designed to describe problems that arise when Aboriginal people undergo anaesthesia, in order to develop guidelines for anaesthetists who are not accustomed to treating Aboriginal people. Data were collected on 1122 consecutive different individuals undergoing anaesthesia at Royal Darwin Hospital, 24.5% of whom described themselves as Aboriginal. Aboriginal patients were in a poorer physiological state than were non-Aboriginal patients. The prevalence of diabetes mellitus, renal disease and rheumatic heart disease reported in Aboriginal patients was very high. Communication difficulties were more commonly reported in Aboriginal patients; the most common difficulty was apparent shyness or fear, rather than actual language difficulty. The results suggest that the treatment of Aboriginal people involves diagnosis and management of diverse pre-operative medical problems, and that better management may be achieved by learning simple cultural strategies and by adding Aboriginal interpreters and health workers to the anaesthetic team.

From every State and Territory of Australia, including the islands of the Torres Strait over 200 delegates gathered at the 2017 First Nations National Constitutional Convention in Uluru, which has stood on Anangu Pitjantjatjara country in the Northern Territory since time immemorial, to discuss the issue of constitutional recognition. Delegates agreed that tokenistic recognition would not be enough, and that recognition bearing legal substance must stand, with the possibility to make multiple treaties between Aboriginal peoples and Torres Strait Islanders and the Commonwealth Government of Australia. In this paper, we look at the roadmap beyond such a potential change. We make the case for a redistributive approach to capital, and propose key outcomes for social reconstruction, should a voice to parliament, a Makarrata[1] Commission and multiple treaties be enabled through a successful referendum. We conclude that an alteration of the Commonwealth Constitution (Cth) is the preliminary overture of a suite of changes: the constitutional change itself is not the end of the road, but simply the beginning of years of legal change, which seeks provide a socio-economic future for Australia’s First Peoples, and the oldest continuing cultures in the world. Constitutional change seeks to transform the discourse about Aboriginal and Torres Strait Islander relations with the Australian state from one centred on distributive justice to one that is primarily informed by retributive justice. This paper concerns the future generations of Aboriginal and Torres Strait Islander children, and their right to labour in a market that honours their cultural contributions to humanity at large. [1] Yolŋu ceremony for coming together after a struggle.

Background Crusted scabies is a debilitating dermatological condition. Although still relatively rare in the urban areas of Australia, rates of crusted scabies in remote Aboriginal communities in the Northern Territory (NT) are reported to be among the highest in the world. Objective To estimate the health system costs associated with diagnosing, treating and managing crusted scabies. Methods A disease pathway model was developed to identify the major phases of managing crusted scabies. In recognition of the higher resource use required to treat more severe cases, the pathway differentiates between crusted scabies severity grades. The disease pathway model was populated with data from a clinical audit of 42 crusted scabies patients diagnosed in the Top-End of Australia’s Northern Territory between July 1, 2016 and May 1, 2018. These data were combined with standard Australian unit costs to calculate the expected costs per patient over a 12-month period, as well as the overall population cost for treating crusted scabies. Findings The expected health care cost per patient diagnosed with crusted scabies is $35,418 Australian dollars (AUD) (95% CI: $27,000 to $43,800), resulting in an overall cost of $1,558,392AUD (95% CI: $1,188,000 to $1,927,200) for managing all patients diagnosed in the Northern Territory in a given year (2018). By far, the biggest component of the health care costs falls on the hospital system. Discussion This is the first cost-of-illness analysis for treating crusted scabies. Such analysis will be of value to policy makers and researchers by informing future evaluations of crusted scabies prevention programs and resource allocation decisions. Further research is needed on the wider costs of crusted scabies including non-financial impacts such as the loss in quality of life as well as the burden of care and loss of well-being for patients, families and communities.

AbstractColonisation and subsequent policies targeting Aboriginal peoples in Australia have had devastating consequences, including trauma, disadvantage and marginalisation. These effects have passed from generation to generation and continue to manifest in poor health and well-being outcomes, particularly mental health disorders. Innovative and culturally relevant techniques are needed to remedy inequality and address intergenerational trauma. Equine-assisted psychotherapy (EAP)—an experiential therapy involving horses—is a new and increasingly evidence-based treatment approach, which offers potential for working with Aboriginal peoples. This article reviews the literature on outcomes of EAP to consider its potential as a culturally responsive therapy to treat trauma and increase well-being for Aboriginal people in Australia.

Communitarianism acknowledges and values, and not just instrumentally, the bonds that unite and identify communities. Communitarians also value community per se. This paper argues that trust is likely to be stronger in communities where these bonds are greater. Equity in health care is a social phenomenon. In health care, it is apparent that more communitarian societies, such as Scandinavia and within Aboriginal Australia, are likely to value more equity-orientated systems. Where, as in the latter case, this desire for equity takes place against a background of the powerful dominant (white) society treating the minority (black) society as dependent, Aboriginal trust in Australian society and in its public institutions is eroded. Lack of trust and inequity then come to the fore. This paper discusses institutional trust as a facilitator of equity in health care in the specific context of Indigenous health. The example used is Australian Aboriginal health but the principles would apply to other Indigenous populations as in for example South America.

Objective: To report on Aboriginal and Torres Strait Islander (Indigenous) users of MindSpot, a national service for the remote assessment and treatment of anxiety and depression. Methods: The characteristics and treatment outcomes of Indigenous patients who registered with MindSpot between January 2015 and December 2016, were compared with non-Indigenous users. Changes in psychological distress, depression and anxiety were measured using the Kessler 10-Item (K-10), Patient Health Questionnaire 9-Item (PHQ-9), and Generalised Anxiety Disorder Scale 7-Item (GAD-7), respectively. Results: Of 23,235 people who completed a MindSpot assessment between 1 January 2015 and 31 December 2016, 780 (3.4%) identified as Indigenous Australian. They had higher symptom scores, were more likely to live in a remote location, and a third reported no previous contact with mental health services. Fewer Indigenous patients enrolled in a treatment course, but those who did had similar rates of completion and similar reductions in symptoms to non-Indigenous patients. Conclusions: MindSpot treatments were effective in treating anxiety and depression in Indigenous Australians, and outcomes were similar to those of non-Indigenous patients. Services like MindSpot are a treatment option that can help overcome barriers to mental health care for Indigenous Australians.

A commitment in applied anthropological policy work to maximising cultural appropriateness or even to supporting what indigenous people say they want is not always possible. This proved to be the case in connection with formulating recommendations for land rights legislation in Australia's Northern Territory. Until 1992 the only rights in land that Aboriginal people had as the original occupiers of the continent were statutory (that is, through acts of state and federal parliaments). No treaties were signed with Aboriginal people and until that date the continent was treated as terra nullius, unowned, at the time of colonisation in 1788. From early on in the history of European colonisation, however, areas of land had been set aside for the use and benefit of Aboriginal people. These reserves were held by the government, or by one of a number of religious bodies that ministered to Aboriginal people, usually supported by government funding. Beginning with South Australia in 1966 all of the states, except Tasmania, have passed legislation that gives varying degrees of control of these reserves to land trusts governed by Aboriginal people. Each of these pieces of legislation had/have different shortcomings which included some or all of the following: the total area that had been reserved was small; the powers granted over the land were limited; the majority of the Aboriginal population did not benefit from the legislation; and none of them addressed the issue of self-determination. In 1973 a Royal Commission into Aboriginal Land Rights, with a single Commissioner, Mr. Justice Woodward, was established by the newly elected Federal Labor government, the first in 23 years. It was planned that it would deal with the continent but that it would begin by focusing on the Northern Territory which until 1978 was administered by the Federal government. At the time there were 25,300 Aboriginal people in the Territory making up 25% of the population.

This article provides a summary of the evolving definition of trauma, including different forms of trauma and its impact on the health, behaviours and well-being of individuals and communities. Specifically, it discusses collective, historical and intergenerational trauma and the value of these concepts in understanding the health and social challenges we see within colonized Indigenous communities, particularly within Australian Aboriginal communities. The article argues that the current approach to addressing challenges within Australian Indigenous communities will have limited impact unless accompanied by a significant focus on understanding and addressing the level of trauma that permeates these communities. Programmes and initiatives that focus on reducing the rates of certain variables, such as rates of infant mortality, rates of incarceration or rates of school completion, are very important but are only treating symptoms unless the underlying trauma is addressed. Due to the ongoing devastation caused by many years of forced child removal, this is especially important for health, legal and welfare practitioners within the child protection system and the social work field if we are to break the cycles of family and cultural disruption.

This study is one of the activities of a multi-site research program, the Australian Mental Health Initiative (AIMhi), funded by the National Health and Medical Research Council. AIMhi in the Northern Territory collaborated with Aboriginal mental health workers and Northern Territory remote service providers in developing a range of resources and strategies to promote improved Indigenous mental health outcomes. A brief intervention that combines the principles of motivational interviewing, problem solving therapy and chronic disease self-management is described. The intervention has been integrated into a randomised controlled trial. Early findings suggest that the strategy and its components are well received by clients with chronic mental illness, and their carers, in remote communities.

AbstractObjective:A growing body of qualitative literature globally describes post-hospital experiences during early recovery from a traumatic brain injury. For Indigenous Australians, however, little published information is available. This study aimed to understand the lived experiences of Indigenous Australians during the 6 months post-discharge, identify the help and supports accessed during transition and understand the gaps in service provision or difficulties experienced.Methods and Procedure:Semi-structured interviews were conducted at 6 months after hospital discharge to gain an understanding of the needs and lived experiences of 11 Aboriginal and Torres Strait Islander Australians who had suffered traumatic brain injury in Queensland and Northern Territory, Australia. Data were analysed using thematic analysis.Results:Five major themes were identified within the data. These were labelled ‘hospital experiences’, ‘engaging with medical and community-based supports’, ‘health and wellbeing impacts from the injury’, ‘everyday living’ and ‘family adjustments post-injury’.Conclusions:While some of the transition experiences for Indigenous Australians were similar to those found in other populations, the transition period for Indigenous Australians is influenced by additional factors in hospital and during their recovery process. Lack of meaningful interaction with treating clinicians in hospital, challenges managing direct contact with multiple service providers and the injury-related psychological impacts are some of the factors that could prevent Indigenous Australians from receiving the supports they require to achieve their best possible health outcomes in the long term. A holistic approach to care, with an individualised, coordinated transition support, may reduce the risks for re-admission with further head injuries.

IntroductionSkin is important in Australian Aboriginal culture informing kinship and identity. In many remote Aboriginal communities, scabies and impetigo are very common. Untreated skin infections are painful, itchy and frequently go untreated due to under-recognition and lack of awareness of their potential serious complications. We hypothesise that the skin infection burden in remote Aboriginal communities can be reduced by implementing streamlined training and treatment pathways integrated with environmental health and health promotion activities, tested in the See, Treat, Prevent (SToP skin sores and scabies) trial.Methods and analysisSToP will evaluate a skin control programme using a stepped-wedge, cluster randomised trial design with three intervention components (the ‘SToP activities’): (1) seeing skin infections (development of training resources implemented within a community dermatology model); (2) treating skin infections (employing the latest evidence for impetigo, and scabies treatment); and (3) preventing skin infections (embedded, culturally informed health promotion and environmental health activities). Four community clusters in the remote Kimberley region of Western Australia will participate. Following baseline data collection, two clusters will be randomly allocated to the SToP activities. At 12 months, the remaining two clusters will transition to the SToP activities. The primary outcome is the diagnosis of impetigo in children (5–9 years) at school-based surveillance. Secondary outcome measures include scabies diagnosis, other child health indicators, resistance to cotrimoxazole in circulating pathogenic bacteria, determining the economic burden of skin disease and evaluating the cost effectiveness of SToP activities.Ethics and disseminationThis study protocol was approved by the health ethics review committees at the Child and Adolescent Health Service (Approval number RGS0000000584), the Western Australian Aboriginal Health Ethics Committee (Reference number: 819) and the University of Western Australia (Reference RA/4/20/4123). Study findings will be shared with community members, academic and medical communities via publications and presentations, and in reports to funders. Authorship for all publications based on this study will be determined in line with the Uniform Requirements for Manuscripts Submitted to Biomedical Journals published by the International Committee of Medical Journal Editors. Sharing results with organisations and communities who contributed to the study is paramount. The results of the SToP trial will be shared with participants in a suitable format, such as a single summary page provided to participants or presentations to communities, the Kimberly Aboriginal Health Planning Forum Research Subcommittee and other stakeholders as appropriate and as requested. Communication and dissemination will require ongoing consultation with Aboriginal communities to determine appropriate formats.Trial registration numberACTRN12618000520235.

Since COVID-19 first emerged internationally, Australia has applied a number of public health measures to counter the disease’ epidemiology. The public heath response has been effective in virus testing, diagnosing and treating patients with COVID-19. The imposed strict border restrictions and social distancing played a vital role in reducing positive cases via community transmission resulting in ‘flattening of the curve’. Now is too soon to assess the impact of COVID-19 on people’s mental health, as it will be determined by both short- and long-term consequences of exposure to stress, uncertainty, loss of control, loneliness and isolation. The authors explored cultural and societal influences on mental health during the current pandemic utilising Geert Hofstede’s multidimensional construct of culture and determined psychological and cultural factors that foster resilience. We also reflected on the psychological impact of the pandemic on the individual and the group at large by utilising Michel Foucault’ and Jacques Lacan’ psychoanalytic theories. Remote Aboriginal Australian communities have been identified as a high-risk subpopulation in view of their unique vulnerabilities owing to their compromised health status, in addition to historical, systemic and cultural factors. Historically, Australia has prided itself in its multiculturalism; however, there has been evidence of an increase in racial microaggressions and xenophobia during this pandemic. Australia’s model of cultural awareness will need to evolve, from reactionary to more reflective, post COVID-19 pandemic to best serve our multicultural, inclusive and integrated society.

This paper argues that the public relations sphere needs to have better understanding and more representation and acknowledgment of Indigenous women’s contemporary experiences and contributions. Indigenous Australian women experience multiple oppressions, such as Eurocentric and patriarchal control and, within the broader areas of Indigenous, women’s, and feminist public relations scholarship, their voices are largely absent. To address these issues, this paper, based on Indigenous women’s standpoint theory and an Indigenous yarning method, presents the narratives of five Aboriginal and Torres Strait Islander women employed in public relations. These narratives reflect experiences of marginalization by the Australian mainstream culture of whiteness and patriarchy; they also suggest the incidence of work induced mental distress for the women participants. This study of female Indigeneity within public relations aims to promote understanding of intersectional identities, the long-term effects of whiteness and racism, and may suggest how public relations can play a role in decolonizing efforts.

Since ancient times, people have been fascinated by animals. They are such a close element of the biosphere, that it is not possible for them to go unnoticed. Treating animals as sacred beings is one of the primary elements of totemism – belief in kinship with the class of objects (in this case animals). It is clearly visible in the culture of Australian aborigines. The paper presents, through the scope of mystic relation aborigines-animals, the role of platypus in the culture of indigenous inhabitants of Australia. It is also an attempt to fill the gap in the humanist discourse about animals because to this day platypus haven’t had any monographic study in the field of religious studies, cultural studies or even animal studies. By analyzing the stories from the Dreamtime, the text shows the mythical genesis of this mammal, the origin of its characteristic features, and it functions in the life of a tribe, especially in the light of aquatic symbolism.

Historical sources and Indigenous oral traditions indicate that Australian Aboriginal people commonly reared and kept the wild-caught pups of dingoes (C. dingo) as tamed companion animals. A review of the available evidence suggests Indigenous communities employed an intense socialisation process that forged close personal bonds between humans and their tame dingoes from an early age. This was complemented by oral traditions which passed down awareness of the dangers to children posed by wild or unfamiliar dingoes, and which communicated the importance of treating dingoes with respect. Together, these practices resulted in what can be interpreted as substantially altered behaviours in tamed dingoes, which, despite their naturally high prey drive, were not considered a serious threat to children and were thus able to be maintained as companion animals in the long term. This relationship is of importance for understanding the original domestication of the dog, as it demonstrates a means by which careful and deliberate socialisation by foragers could both manage risks to children’s safety posed by keeping wild canids in the domestic realm and retain them well into reproductive maturity—both issues which have been highlighted as obstacles to the domestication of dogs from wolves.

The Ngaliwurru and Nungali Peoples of the Country known in white law as Timber Creek commenced three proceedings under the Native Title Act 1993 (Cth) (NTA) in 1999 and 2000. The final judgment in the High Court was hailed as progressive. It was the first time that the Court had awarded damages inter alia for cultural loss under the NTA. The article contends that the compensation awarded was inadequate, being based on white, neo-liberal notions of property that do not acknowledge Aboriginal sovereignty, the depth of connection to country and loss suffered. The case also denied that a fiduciary obligation existed on behalf of the Crown, a possibility that was raised in Mabo and other cases but allowed to atrophy. Given this, it is argued that the judgment is a continuation of the colonial project based on the ‘ terra nullius’ doctrine and can be critiqued from the perspective of the white cultural privilege embedded throughout. The judgment does not disturb the skeleton of white Australia's claims to sovereignty: the taking of the land without consent, the failure to recognise First Nations sovereignty, the neglect to enter into treaties or to provide compensation in any meaningful sense.

Hospital-treated self-harm rates for Aboriginal and Torres Strait Islander (Indigenous) people are at least double those for other Australians. Despite this, limited research has explored the relationship between Indigeneity and the clinical management of hospital-treated deliberate self-harm. A retrospective clinical cohort study (2003–2012) at a regional referral centre (NSW) for deliberate self-poisoning was used to explore the magnitude and direction of the relationship between Indigeneity and discharge destination (psychiatric hospital vs. other) using a series of logistic regressions. There were 149 (4%) Indigenous and 3697 (96%) non-Indigenous deliberate self-poisoning admissions during the study period. One-third (31%) were referred to the psychiatric hospital at discharge; Indigenous 21% (n = 32) vs. non-Indigenous 32% (n = 1175). Those who identified as Indigenous were less likely to be discharged to the psychiatric hospital, OR 0.59 (0.40–0.87) at the univariate level, with little change after sequential adjustment; and AOR 0.34 (0.21–0.73) in the fully adjusted model. The Indigenous cohort had a lower likelihood of psychiatric hospital discharge even after adjustment for variables associated with discharge to the psychiatric hospital highlighting the need for further investigation of the reasons accounting for this differential pattern of clinical management and the effectiveness of differential after-care allocation.

Background The high burden of infectious disease and associated antimicrobial use likely contribute to the emergence of antimicrobial resistance in remote Australian Aboriginal communities. We aimed to develop and apply context-specific tools to audit antimicrobial use in the remote primary healthcare setting. Methods We adapted the General Practice version of the National Antimicrobial Prescribing Survey (GP NAPS) tool to audit antimicrobial use over 2–3 weeks in 15 remote primary healthcare clinics across the Kimberley region of Western Australia (03/2018–06/2018), Top End of the Northern Territory (08/2017–09/2017) and far north Queensland (05/2018–06/2018). At each clinic we reviewed consecutive clinic presentations until 30 presentations where antimicrobials had been used were included in the audit. Data recorded included the antimicrobials used, indications and treating health professional. We assessed the appropriateness of antimicrobial use and functionality of the tool. Results We audited the use of 668 antimicrobials. Skin and soft tissue infections were the dominant treatment indications (WA: 35%; NT: 29%; QLD: 40%). Compared with other settings in Australia, narrow spectrum antimicrobials like benzathine benzylpenicillin were commonly given and the appropriateness of use was high (WA: 91%; NT: 82%; QLD: 65%). While the audit was informative, non-integration with practice software made the process manually intensive. Conclusions Patterns of antimicrobial use in remote primary care are different from other settings in Australia. The adapted GP NAPS tool functioned well in this pilot study and has the potential for integration into clinical care. Regular stewardship audits would be facilitated by improved data extraction systems.

The Western Australian (WA) Remote Area Dialysis Programme was developed in 1988 due to the cultural need to dialyze an increasing number of aboriginal patients in their own communities, rather than relocating them up to 3000 km away in Perth. The success of the program relies on remote area health services (RAHS), which have no prior experience in continuous ambulatory peritoneal dialysis (CAPD), providing consistent routine and emergency medical care to the patients. Our aim was to standardize the care of all CAPD patients in remote WA by providing the RAHS with an easy -to-follow manual. Although the RAHS received treatment protocols and in-service education, consistent care was not always provided. We confirmed this by: (1) examining the existing quality assurance tools, peritonitis and hospital admission rates, (2) discussion with remote area staff regarding patients, and (3) informal assessment of remote area staff receptiveness to in-service education by a CAPD nurse. We identified the causes of the inconsistent care to be: (1) high remote area staff turnover (six months average for a registered nurse), (2) the protocols were difficult to follow, and (3) confusion for the RAHS as to the appropriate contact person at our hospital. In 1994, the situation was exacerbated by the dramatic increase in the number of patients and RAHS involved (14 new patients, bringing the total to 20 patients in 12 centers) plus the introduction of a second treating hospital (with differing protocols). A team of two CAPD nurses and two nephrologists was established, to collaborate with two remote area hospitals and the second treating hospital to produce the “Remote Area CAPD Manual.” The manual is an easy-to-follow, stepby-step guide for the management of CAPD by nondialysis personnel. It has led to improved management of CAPD, improvement in communication with RAHS, and the increased confidence of remote area staff in the management of CAPD patients. In conclusion, RAHS can give consistent care if provided with clear, concise guidelines.

Full TextThe first law enacted in Canada to protect existing Aboriginal rights was section 35 of the Constitution Act, 1982.2 The first law in Canada to recognize the rights of non-human animals as anything other than property has yet to be enacted. The first Supreme Court of Canada (hereafter referred to as the Court) case to interpret section 35 was R. v. Sparrow.3 The 1990 case confirmed an Aboriginal right of the Musqueam peoples of British Columbia to fish for food, social and ceremonial purposes. Since this precedent-setting case, many similar claims have been brought before the courts by way of the fluctuating legal space created by s.35. Many of these cases have been about establishing rights to fish4, hunt5, and trap non-human animals (hereafter referred to as animals). The Court has developed, and continues to develop tests to determine the existence and scope of Aboriginal rights. These tests primarily embody cultural, political and, to a surprisingly lesser degree, legal forces. One of the principal problems with these tests is that they privilege, through the western philosophical lens, the interests of humans. Animals are, at best, the resources over which ownership is being contested. The Euro-centric legal conceptualization of animals as 'resources' over which ownership can be exerted is problematic for at least two reasons. First, the relegation of animals solely to a utilitarian role is antithetical to Indigenous-animal relationships and therefore demonstrates one of the fundamental ways the Canadian legal system is ill equipped to give adequate consideration to Indigenous law. Second, failure to consider animals' inherent value and agency in this context reproduces the human-animal and culture-nature binaries that are at the root of many of western Euro-centric society's inequities. This paper argues that Aboriginal peoples' relationships with animals are a necessary, integral and distinctive part of their cultures6 and, therefore, these relationships and the actors within them are entitled to the aegis of s.35. Through the legal protection of these relationships, animals will gain significant protection as a corollary benefit. If the Court were to protect the cultural relationships between animals and Aboriginal groups, a precondition would be acceptance of Indigenous legal systems. Thus, this paper gives a brief answer to the question, what are Indigenous legal systems and why are animals integral to them? The Anishinabe (also known Ojibwe or Chippewa) are Indigenous peoples who have historically lived in the Great Lakes region. The Bruce Peninsula on Lake Huron is home to the Cape Croker Indian Reserve, where the Chippewas of Nawash First Nation live. The people of this First Nation identify as Anishinabe. The Anishinabek case of Nanabush v. Deer is a law among these people and is used throughout the paper as an example of Indigenous-animal relationships. Making the significant assumption that s.35 has the capacity to recognize Indigenous law, the subsequent section of the paper asks why we should protect these relationships and how that protection should be achieved. Finally, the paper concludes that both the ability of s.35 to recognize Indigenous-animal relationships, and the judicial and political will to grant such recognition, are unlikely. Indigenous-animal relationships are integral to the distinctive culture of the Anishinabek, however the courts would be hesitant to allow such an uncertain and potentially far-reaching right. This is not surprising given that such a claim by both Indigenous and animal groups would challenge the foundations upon which the Canadian legal system is based. There are many sensitive issues inherent in this topic. It should be noted the author is not of Indigenous ancestry, but is making every effort to learn about and respect the Indigenous legal systems discussed. While this paper focuses on a number of Anishinabek laws; it is neither a complete analysis of these practices, nor one that can be transferred, without adaptation, to other peoples. Finally, Indigenous peoples and animal rights and Indigenous law scholars, such as Tom Regan and Mary Ellen Turpel-Lafond, respectively, may insist on an abolitionist approach to animal 'use' or reject the legitimacy of s.35 itself.7 These perspectives are worthy and necessary. This paper positions itself amongst these and other sources in order to reflect upon the timely and important issue of the legal status of Indigenous-animal relationships. I:WHAT ARE INDIGENOUS LEGAL SYSTEMS? The Law Commission of Canada defines a legal tradition as “a set of deeply rooted, historically conditioned attitudes about the nature of law, the role of law in the society and the polity, the proper organization and operation of a legal system, and the way law is or should be made, applied, studied, perfected and taught.”8 Indigenous legal traditions fit this description. They are living systems of beliefs and practices, and have been recognized as such by the courts.9 Indigenous practices developed into systems of law that have guided communities in their governance, and in their relationships amongst their own and other cultures and with the Earth.10 These laws have developed through stories, historical events that may be viewed as ‘cases,’ and other lived experiences. Indigenous laws are generally non-prescriptive, non-adversarial and non-punitive and aim to promote respect and consensus, as well as close connection with the land, the Creator, and the community. Indigenous laws are a means through which vital knowledge of social order within the community is transmitted, revived and retained. After European ‘settlement’ the influence of Indigenous laws waned. This was due in part to the state’s policies of assimilation, relocation and enfranchisement. 11 Despite these assaults, Indigenous legal systems have persevered; they continue to provide guidance to many communities, and are being revived and re-learned in others. For example, the Nisga’a’s legal code, Ayuuk, guides their communities and strongly informs legislation enacted under the Nisga’a Final Agreement, the first modern treaty in British Columbia.12 The land and jurisdiction claims of the Wet’suwet’en and Gitxsan Nations ultimately resulted in the Court’s decision in Delgamuukw,13 a landmark case that established the existence of Aboriginal title. The (overturned) BC Supreme Court’s statement in Delgamuukw14 reveals two of the many challenges in demonstrating the validity of Indigenous laws: “what the Gitxsan and Wet’suwet’en witnesses[es] describe as law is really a most uncertain and highly flexible set of customs which are frequently not followed by the Indians [sic] themselves.” The first challenge is that many laws are not in full practice, and therefore not as visible as they could be and once were. What the courts fail to acknowledge, however, is that the ongoing colonial project has served to stifle, extinguish and alter these laws. The second challenge is that the kind of law held and practiced by Indigenous peoples is quite foreign to most non-Indigenous people. Many Indigenous laws have animals as central figures. In Anishinabek traditional law, often the animals are the lawmakers15: they develop the legal principles and have agency as law givers. For instance, the Anishinabek case Nanabush v. Deer, Wolf , as outlined by Burrows, is imbued with legal principles, lessons on conduct and community governance, as well as ‘offenses’ and penalties. It is not a case that was adjudicated by an appointed judge in a courtroom, but rather one that has developed over time as a result of peoples’ relationships with the Earth and its inhabitants. An abbreviated summary of the case hints at these legal lessons: Nanabush plays a trick on a deer and deliberately puts the deer in a vulnerable position. In that moment of vulnerability, Nanabush kills the deer and then roasts its body for dinner. While he is sleeping and waiting for the deer to be cooked, the Wolf people come by and take the deer. Nanabush wakes up hungry, and out of desperation transforms into a snake and eats the brains out of the deer head. Once full, he is stuck inside the head and transforms back into his original shape, but with the deer head still stuck on. He is then chased and nearly killed by hunters who mistake him for a real deer. This case is set within the legal context of the Anishinabek’s treaty with deer. In signing the treaty, the people were reminded to respect beings in life and death and that gifts come when beings respect each other in interrelationships.16 Nanabush violated the rights of the deer and his peoples’ treaty with the deer. He violated the laws by taking things through trickery, and by causing harm to those he owed respect. Because his actions were not in accordance with Anishinabek legal principles, he was punished: Nanabush lost the thing he was so desperately searching for, and he ended up nearly being killed. This case establishes two lessons. The first is that, like statutory and common law, with which Canadians are familiar, Indigenous law does not exist in isolation. Principles are devised based on multiple teachings, pre- vious rules and the application of these rules to facts. That there are myriad sources of Indigenous law suggests that the learning of Indigenous law would require substantial effort on the part of Canadian law-makers.17 The second is that animals hold an important place in Indigenous law, and those relationships with animals – and the whole ‘natural’ world – strongly inform the way they relate to the Earth. II: CAN CANADIAN LAW ACCEPT INDIGENOUS LEGAL SYSTEMS? If there were a right recognized under s.35 concerning the Indigenous-animal relationship, what would it look like? Courts develop legal tests to which the facts of each case are applied, theoretically creating a degree of predictability as to how a matter will be judged. Introduced in Sparrow, and more fully developed in Van der Peet, a ‘test’ for how to assess a valid Aboriginal right has been set out by the Court. Summarized, the test is: “in order to be an Aboriginal right an activity must be an element of a practice, custom or tradition integral to the distinctive culture of the Aboriginal group claiming the right.”18 There are ten, differently weighted factors that a court will consider in making this assessment. The right being ‘tested’ in this discussion is the one exemplified in Nanabush v. Deer: the ability of Indigenous peoples to recognize and practice their laws, which govern relationships, including death, with deer and other animals. The courts have agreed that a generous, large and liberal construction should be given to Indigenous rights in order to give full effect to the constitutional recognition of the distinctiveness of Aboriginal culture. Still, it is the courts that hold the power to define rights as they conceive them best aligning with Canadian society19; this is one way that the Canadian state reproduces its systems of power over Indigenous peoples.20 The application of the Aboriginal right exemplified in Nanbush v. Deer to the Sparrow and Van der Peet tests would likely conclude that the Anishinabek do have an integral and distinctive relationship with animals. However, due to the significant discretion of the Court on a number of very subjective and politically sensitive factors, it is uncertain that the Nanabush v. Deer case would ‘pass’ Van der Peet’s required ten factors.21 This is indicative of the structural restraints that s.35 imposes. 22 The questions it asks impair its ability to capture and respect the interrelationships inherent in Indigenous peoples’ interactions with animals. For example, the Court will characterize hunting or fishing as solely subsistence, perhaps with a cultural element. Shin Imai contends these activities mean much more: “To many…subsistence is a means of reaffirming Aboriginal identity by passing on traditional knowledge to future generations. Subsistence in this sense moves beyond mere economics, encompassing the cultural, social and spiritual aspects for the communities.”23 Scholar Kent McNeil concludes that: “regardless of the strengths of legal arguments in favour of Indigenous peoples, there are limits to how far the courts […] are willing to go to correct the injustices caused by colonialism and dispossession.”24 It is often not the legal principles that determine outcomes, but rather the extent to which Indigenous rights can be reconciled with the history of settlement without disturbing the current economic and political structure of the dominant culture. III:WHY PROTECT THE ANIMAL-INDIGENOUS RELATIONSHIP? Legally protecting animal-Indigenous relationships offers symbiotic, mutually respectful benefits for animals and for the scope of Aboriginal rights that can be practiced. For instance, a protected relationship would have indirect benefits for animals’ habitat and right to life: it would necessitate protecting the means necessary, such as governance of the land, for realization of the right. This could include greater conservation measures, more contiguous habitat, enforcement of endangered species laws, and, ideally, a greater awareness and appreciation by humans of animals and their needs. Critical studies scholars have developed the argument that minority groups should not be subject to culturally biased laws of the mainstream polity.24 Law professor Maneesha Deckha points out that animals, despite the central role they play in a lot of ‘cultural defences,’ have been excluded from our ethical consideration. Certainly, the role of animals has been absent in judicial consideration of Aboriginal rights.26 Including animals, Deckha argues, allows for a complete analysis of these cultural issues and avoids many of the anthropocentric attitudes inherent in Euro-centric legal traditions. In Jack and Charlie27 two Coast Salish men were charged with hunting deer out of season. They argued that they needed to kill a deer in order to have raw meat for an Aboriginal religious ceremony. The Court found that killing the deer was not part of the ceremony and that there was insufficient evidence to establish that raw meat was required. This is a case where a more nuanced consideration of the laws and relationships with animals would have resulted in a more just application of the (Canadian) law and prevented the reproduction of imperialist attitudes. A criticism that could be lodged against practicing these relationships is that they conflict with the liberty and life interests of animals.28 Theoretically, if Indigenous laws are given the legal and political room to fully operate, a balance between the liberty of animals and the cultural and legal rights of Indigenous peoples can be struck.29 Indeed, Indigenous peoples’ cultural and legal concern for Earth is at its most rudimentary a concern for the land, which is at the heart of the challenge to the Canadian colonial system. If a negotiated treaty was reached, or anti-cruelty and conservation laws were assured in the Indigenous peoples’ self government system, then Canadian anti-cruelty30 and conservation laws,31 the effectiveness of which are already questionable, could be displaced in recognition of Indigenous governance.32 Indigenous peoples in Canada were – and are, subject to imposed limitations – close to the environment in ways that can seem foreign to non-Indigenous people.33 For example, some origin stories and oral histories explain how boundaries between humans and animals are at times absent: Animal-human beings like raven, coyote and rabbit created them [humans] and other beings. People …acted with respect toward many animals in expectation of reciprocity; or expressed kinship or alliance with them in narratives, songs, poems, parables, performances, rituals, and material objects. 34 Furthering or reviving these relationships can advance the understanding of both Indigenous legal systems and animal rights theory. Some animal rights theorists struggle with how to explain the cultural construction of species difference: Indigenous relationships with animals are long standing, lived examples of a different cultural conception of how to relate to animals and also of an arguably healthy, minimally problematic way to approach the debate concerning the species divide.35 A key tenet of animal-Indigenous relationships is respect. Shepard Krech posits that Indigenous peoples are motivated to obtain the necessary resources and goals in ‘proper’ ways: many believe that animals return to the Earth to be killed, provided that hunters demonstrate proper respect.36 This demonstrates a spiritual connection, but there is also a concrete connection between Indigenous peoples and animals. In providing themselves with food and security, they ‘manage’ what Canadian law calls ‘resources.’37 Because of the physical nature of these activities, and their practical similarity with modern ‘resource management,’ offering this as ‘proof’ of physical connection with animals and their habitat may be more successful than ‘proving’ a spiritual relationship. Finally, there are health reasons that make the Indigenous-animal relationship is important. Many cultures have come to depend on the nutrients they derive from particular hunted or fished animals. For example, nutrition and physical activity transitions related to hunting cycles have had negative impacts on individual and community health.38 This shows the multidimensionality of hunting, the significance of health, and, by extension, the need for animal ‘resources’ to be protected. IV: HOW SHOULD WE PROTECT THESE ABORIGINAL RIGHTS? If the Anishinabek and the deer ‘win’ the constitutional legal test (‘against’ the state) and establish a right to protect their relationships with animals, what, other than common law remedies,39 would follow? Below are ideas for legal measures that could be taken from the human or the animal perspective, or both, where benefits accrue to both parties. If animals had greater agency and legal status, their needs as species and as individuals could have a meaningful place in Canadian common and statutory law. In Nanabush v. Deer, this would mean that the deer would be given representation and that legal tests would need to be developed to determine the animals’ rights and interests. Currently the courts support the view that animals can be treated under the law as any other inanimate item of property. Such a legal stance is inconsistent with a rational, common-sense view of animals,40 and certainly with Anishinabek legal principles discussed herein.41 There are ongoing theoretical debates that inform the practical questions of how animal equality would be achieved: none of these in isolation offers a complete solution, but combined they contribute to the long term goal. Barsh and James Sákéj Youngblood Henderson advocate an adoption of the reasoning in the Australian case Mabo v. Queensland,42 where whole Aboriginal legal systems were imported intact into the common law. Some principles that Canada should be following can also be drawn from international treaties that Canada has or should have signed on to.43 Another way to seek protection from the human perspective is through the freedom of religion and conscience section of the Charter. Professor John Borrows constructs a full argument for this, and cites its challenges, in Living Law on a Living Earth: Aboriginal Religion, Law and the Constitution.44 The strongest, but perhaps most legally improbable, way to protect the animal- Indigenous relationship is for Canada to recognize a third, Indigenous order of government (in addition to provincial and federal), where all three orders are equal and inform one another’s laws. This way, Indigenous laws would have the legal space to fully function and be revived. Endowing Indigenous peoples with the right to govern their relationships would require a great acquiescence of power by governments and a commitment to the establishment and maintenance of healthy self-government in Indigenous communities. Louise Mandell offers some reasons why Canada should treat Aboriginal people in new ways, at least one of which is salient to the third order of government argument: To mend the [E]arth, which must be done, governments must reassess the information which the dominant culture has dismissed. Some of that valuable information is located in the oral histories of Aboriginal Peoples. This knowledge will become incorporated into decisions affecting the [E]arth’s landscape when Aboriginal Peoples are equal partners in decisions affecting their territories.45 V: CONCLUSION A legal system that does not have to justify its existence or defend its worth is less vulnerable to challenges.46 While it can be concluded that s.35 has offered some legal space for Indigenous laws and practices, it is too deeply couched in Euro-centric legal traditions and the anthropocentric cultural assumptions that they carry. The most effective strategy for advancing Indigenous laws and culture, that would also endow many animals with greater agency, and relax the culture-nature, human-animal binaries, is the formal recognition of a third order of government. Lisa Chartrand explains that recognition of legal pluralism would be a mere affirmation of legal systems that exist, but which are stifled: “…this country is a multijuridical state, where the distinct laws and rules of three systems come together within the geographic boundaries of one political territory.” 47 Revitalizing Indigenous legal systems is and will be a challenging undertaking. Indigenous communities must reclaim, define and understand their own traditions: “The loss of culture and traditions caused by the historic treatment of Aboriginal communities makes this a formidable challenge for some communities. Equally significant is the challenge for the Canadian state to create political and legal space to accommodate revitalized Indigenous legal traditions and Aboriginal law-making.”48 The project of revitalizing Indigenous legal traditions requires the commitment of resources sufficient for the task, and transformative change to procedural and substantive law. The operation of these laws within, or in addition to, Canadian law would of course cause widespread, but worthwhile controversy. In Animal Bodies, Cultural Justice49 Deckha argues that an ethical relationship with the animal Other must be established in order realize cultural and animal rights. This paper explores and demonstrates the value in finding legal space where cultural pluralism and respect for animals can give rise to the practice of Indigenous laws and the revitalization of animal-Indigenous relationships. As Borrows writes: “Anishinabek law provides guidance about how to theorize, practice and order our association with the [E]arth, and could do so in a way that produces answers that are very different from those found in other sources.”50 (see PDF for references)

We ask you now, reader, to put your mind, as a citizen of the Australian Commonwealth, to the facts presented in these pages. We ask you to study the problem, in the way that we present the case, from the Aborigines’ point of view. We do not ask for your charity; we do not ask you to study us as scientific-freaks. Above all, we do not ask for your “protection”. No, thanks! We have had 150 years of that! We ask only for justice, decency, and fair play. (Patten and Ferguson 3-4) Jack Patten and William Ferguson’s above declaration on “Plain Speaking” in Aborigines Claim Citizenship Rights! A Statement of the Case for the Aborigines Progressive Association (1938), outlining Aboriginal Australians view of colonisation and the call for Aboriginal self-determinacy, will be my guiding framework in writing this paper. I ask you to study the problem, as it is presented, from the viewpoint of an Indigenous woman who seeks to understand how “sorry” has been uttered in political domains as a word divorced from the moral freight attached to a history of “degrading, humiliating and exterminating” Aboriginal Australians (Patten and Ferguson 11). I wish to argue that the Opposition leader’s utterance of “sorry” in his 13 February 2008 “We Are Sorry – Address to Parliament” was an indicator of the insidious ways in which colonisation has treated Aboriginal Australians as less than, not equal to, white Australians and to examine the ways in which this particular utterance of the word “sorry” is built on longstanding colonial frameworks that position ‘the Aborigine’ as peripheral in the representation of a national identity – a national identity that, as shown by the transcript of the apology, continues to romanticise settler values and ignore Indigenous rights. Nelson’s address tries to disassociate the word “sorry” from any moral attachment. The basis of his address is on constructing a national identity where all injustices are equal. In offering this apology, let us not create one injustice in our attempts to address another. (Nelson) All sorrys are equal, but some are more equal than others. Listening to Nelson’s address, words resembling those of Orwell’s ran through my head. The word “sorry” in relation to Indigenous Australians has taken on cultural, political, educational and economic proportions. The previous government’s refusal to utter the word was attached to the ways in which formations of rhetorically self-sufficient arguments of practicality, equality and justice “functioned to sustain and legitimate existing inequalities between Indigenous and non-Indigenous peoples in Australia” (Augoustinos, LeCouteur and Soyland 105). How then, I wondered as I nervously waited for Nelson to begin apologising, would he transform this inherited collective discursive practice of legitimised racism that upheld mainstream Australia’s social reality? The need for an apology, and the history of political refusal to give it, is not a simple classification of one event, one moment in history. The ‘act’ of removing children is not a singular, one-off event. The need to do, the justification and rationalisation of the doing and what that means now, the having done, as well as the impact on those that were left behind, those that were taken, those that were born after, are all bound up in this particular “sorry”. Given that reluctance of the previous government to admit injustices were done and still exist, this utterance of the word “sorry” from the leader of the opposition precariously sat between freely offering it and reluctantly giving it. The above quote from Nelson, and its central concern of not performing any injustice towards mainstream Australia (“let us not” [my italics]) very definitely defines this sorry in relation to one particular injustice (the removing of Indigenous children) which therefore ignores the surrounding and complicit colonialist and racist attitudes, policies and practices that both institutionalised and perpetuated racism against Australia’s Indigenous peoples. This comment also clearly articulates the opposition’s concern that mainstream Australia not be offended by this act of offering the word “sorry”. Nelson’s address and the ways that it constructs what this “sorry” is for, what it isn’t for, and who it is for, continues to uphold and legitimate existing inequalities between Indigenous and non-Indigenous Australians. From the very start of Nelson’s “We Are Sorry – Address to Parliament”, two specific clarifications were emphasised: the “sorry” was directed at a limited time period in history; and that there is an ‘us’ and a ‘them’. Nelson defines this distinction: “two cultures; one ancient, proud and celebrating its deep bond with this land for some 50,000 years. The other, no less proud, arrived here with little more than visionary hope deeply rooted in gritty determination to build an Australian nation.” This cultural division maintains colonising discourses that define and label, legitimate and exclude groups and communities. It draws from the binary oppositions of self and other, white and black, civilised and primitive. It maintains a divide between the two predominant ideas of history that this country struggles with and it silences those in that space in between, ignoring for example, the effects of colonisation and miscegenation in blurring the lines between ‘primitive’ and ‘civilised’. Although acknowledging that Indigenous Australians inhabited this land for a good few thousand decades before the proud, gritty, determined visionaries of a couple of hundred years ago, the “sorry” that is to be uttered is only in relation to “the first seven decades of the 20th century”. Nelson establishes from the outset that any forthcoming apology, on behalf of “us” – read as non-Indigenous Anglo-Australians – in reference to ‘them’ – “those Aboriginal people forcibly removed” – is only valid for the “period within which these events occurred [which] was one that defined and shaped Australia”. My reading of this sectioning of a period in Australia’s history is that while recognising that certain colonising actions were unjust, specifically in this instance the removal of Indigenous children, this period of time is also seen as influential and significant to the growth of the country. What this does is to allow the important colonial enterprise to subsume the unjust actions by the colonisers by other important colonial actions. Explicit in Nelson’s address is that this particular time frame saw the nation of Australia reach the heights of achievements and is a triumphant period – an approach which extends beyond taking the highs with the lows, and the good with the bad, towards overshadowing any minor ‘unfortunate’ mistakes that might have been made, ‘occasionally’, along the way. Throughout the address, there are continual reminders to the listeners that the “us” should not be placed at a disadvantage in the act of saying “sorry”: to do so would be to create injustice, whereas this “sorry” is strictly about attempting to “address another”. By sectioning off a specific period in the history of colonised Australia, the assumption is that all that happened before 1910 and all that happened after 1970 are “sorry” free. This not only ignores the lead up to the official policy of removal, how it was sanctioned and the aftermath of removal as outlined in The Bringing Them Home Report (1997); it also prevents Indigenous concepts of time from playing a legitimate and recognised role in the construct of both history and society. Aboriginal time is cyclical and moves around important events: those events that are most significant to an individual are held closer than those that are insignificant or mundane. Aleksendar Janca and Clothilde Bullen state that “time is perceived in relation to the socially sanctioned importance of events and is most often identified by stages in life or historic relevance of events” (41). The speech attempts to distinguish between moments and acts in history: firmly placing the act of removing children in a past society and as only one act of injustice amongst many acts of triumph. “Our generation does not own these actions, nor should it feel guilt for what was done in many, but not all cases, with the best of intentions” (Nelson). What was done is still being felt by Indigenous Australians today. And by differentiating between those that committed these actions and “our generation”, the address relies on a linear idea of time, to distance any wrongdoing from present day white Australians. What I struggle with here is that those wrongdoings continue to be felt according to Indigenous concepts of time and therefore these acts are not in a far away past but very much felt in the present. The need to not own these actions further entrenches the idea of separateness between Indigenous Australia and non-Indigenous Australia. The fear of being guilty or at blame evokes notions of wrong and right and this address is at pains not to do that – not to lay blame or evoke shame. Nelson’s address is relying on a national identity that has historically silenced and marginalised Indigenous Australians. If there is no blame to be accepted, if there is no attached shame to be acknowledged (“great pride, but occasionally shame” (Nelson)) and dealt with, then national identity is implicitly one of “discovery”, peaceful settlement and progress. Where are the Aboriginal perspectives of history in this idea of a national identity – then and now? And does this mean that colonialism happened and is now over? State and territory actions upon, against and in exclusion of Indigenous Australians are not actions that can be positioned as past discriminations; they continue today and are a direct result of those that preceded them. Throughout his address, Nelson emphasises the progressiveness of “today” and how that owes its success to the “past”: “In doing so, we reach from within ourselves to our past, those whose lives connect us to it and in deep understanding of its importance to our future”. By relying on a dichotomous approach – us and them, white and black, past and present – Nelson emphasises the distance between this generation of Australia and any momentary unjust actions in the past. The belief is that time moves on – away from the past and towards the future. That advancement, progression and civilisation are linear movements, all heading towards a more enlightened state. “We will be at our best today – and every day – if we pause to place ourselves in the shoes of others, imbued with the imaginative capacity to see this issue through their eyes with decency and respect”. But where is the recognition that today’s experiences, the results of what has been created by the past, are also attached to the need to offer an apology? Nelson’s “we” (Anglo-Australians) are being asked to stop and think about how “they” (Aborigines) might see things differently to the mainstream norm. The implication here also is that “they” – members of the Stolen Generations – must be prepared to understand the position white Australia is coming from, and acknowledge the good that white Australia has achieved. Anglo-Australian pride and achievement is reinforced throughout the address as the basis on which our national identity is understood. Ignoring its exclusion and silencing of the Indigenous Australians to whom his “sorry” is directed, Nelson perpetuates this ideology here in his address: “In brutally harsh conditions, from the small number of early British settlers our non Indigenous ancestors have given us a nation the envy of any in the world”. This gift of a nation where there was none before disregards the acts of invasion, segregation, protection and assimilation that characterise the colonisation of this nation. It also reverts to romanticised settler notions of triumph over great adversities – a notion that could just as easily be attached to Indigenous Australians yet Nelson specifically addresses “our non Indigenous ancestors”. He does add “But Aboriginal Australians made involuntary sacrifices, different but no less important, to make possible the economic and social development of our modern [my emphasis] Australia.” Indigenous Australians certainly made voluntary sacrifices, similar to and different from those made by non Indigenous Australians (Indigenous Australians also went to both World Wars and fought for this nation) and a great deal of “our modern” country’s economic success was achieved on the backs of Blackfellas (Taylor 9). But “involuntary sacrifices” is surely a contradiction in terms, either intellectually shoddy or breathtakingly disingenuous. To make a sacrifice is to do it voluntarily, to give something up for a greater good. “Involuntary sacrifices”, like “collateral damage” and other calculatedly cold-blooded euphemisms, conveniently covers up the question of who was doing what to whom – of who was sacrificed, and by whom. In the attempt to construct a basis of equal contribution between Indigenous and non-Indigenous, as well as equal acts of struggle and triumphing, Nelson’s account of history and nation building draws from the positioning of the oppressors but tries to suppress any notion of racial oppression. It maintains the separateness of Indigenous experiences of colonisation from the colonisers themselves. His reiteration that these occasional acts of unjustness came from benevolent and charitable white Australians privileges non-Indigenous ways of knowing and doing over Indigenous ones and attempts to present them as untainted and innate as opposed to repressive, discriminatory and racist. We honour those in our past who have suffered and all those who have made sacrifices for us by the way we live our lives and shape our nation. Today we recommit to do so – as one people. (Nelson) The political need to identify as “one people” drives assimilation policies (the attitude at the very heart of removing Aboriginal children on the basis that they were Aboriginal and needed to be absorbed into one society of whites). By honouring everyone, and therefore taking the focus off any act of unjustness by non-Indigenous peoples on Indigenous peoples, Nelson’s narrative again upholds an idea of contemporary national identity that has not only romanticised the past but ignores the inequalities of the present day. He spends a good few hundred words reminding his listeners that white Australia deserves to maintain its hard won position. And there is no doubt he is talking to white Australia – his focus is on Western constructs of patriotism and success. He reverts to settler/colonial discourse to uphold ideas of equity and access: These generations considered their responsibilities to their country and one another more important than their rights. They did not buy something until they had saved up for it and values were always more important than value. Living in considerably more difficult times, they had dreams for our nation but little money. Theirs was a mesh of values enshrined in God, King and Country and the belief in something greater than yourself. Neglectful indifference to all they achieved while seeing their actions in the separations only, through the values of our comfortable, modern Australia, will be to diminish ourselves. In “the separations only…” highlights Nelson’s colonial logic, which compartmentalises time, space, people and events and tries to disconnect one colonial act from another. The ideology, attitudes and policies that allowed the taking of Indigenous children were not separate from all other colonial and colonising acts and processes. The desire for a White Australia, a clear cut policy which was in existence at the same time as protection, removal and assimilation policies, cannot be disassociated from either the taking of children or the creation of this “comfortable, modern Australia” today. “Neglectful indifference to all they achieved” could aptly be applied to Indigenous peoples throughout Australian history – pre and post invasion. Where is the active acknowledgment of the denial of Indigenous rights so that “these generations [of non-Indigenous Australians could] consider their responsibilities to their country and one another more important than their rights”? Nelson adheres to the colonialist national narrative to focus on the “positive”, which Patrick Wolfe has argued in his critique of settler colonialism, is an attempt to mask disruptive moments that reveal the scope of state and national power over Aboriginal Australians (33). After consistently reinforcing the colonial/settler narrative, Nelson’s address moves on to insert Indigenous Australians into a well-defined and confined space within a specific chapter of that narrative. His perfunctory overview of the first seven decades of the 20th century alludes to Protection Boards and Reserves, assimilation policies and Christianisation, all underlined with white benevolence. Having established the innocent, inherently humane and decent motivations of “white families”, he resorts to appropriating Indigenous people’s stories and experiences. In the retelling of these stories, two prominent themes in Nelson’s text become apparent. White fellas were only trying to help the poor Blackfella back then, and one need only glance at Aboriginal communities today to see that white fellas are only trying to help the poor Blackfella again. It is reasonably argued that removal from squalor led to better lives – children fed, housed and educated for an adult world of [sic] which they could not have imagined. However, from my life as a family doctor and knowing the impact of my own father’s removal from his unmarried teenaged mother, not knowing who you are is the source of deep, scarring sorrows the real meaning of which can be known only to those who have endured it. No one should bring a sense of moral superiority to this debate in seeking to diminish the view that good was being sought to be done. (Nelson) A sense of moral superiority is what motivates colonisation: it is what motivated the enforced removal of children. The reference to “removal from squalor” is somewhat reminiscent of the 1909 Aborigines Protection Act. Act No. 25, 1909, section 11(1) which states: The board may, in accordance with and subject to the provisions of the Apprentices Act, 1901, by indenture bind or cause to be bound the child of any aborigine, or the neglected child of any person apparently having an admixture of aboriginal blood in his veins, to be apprenticed to any master, and may collect and institute proceedings for the recovery of any wages payable under such indenture, and may expend the same as the board may think fit in the interest of the child. Every child so apprenticed shall be under the supervision of the board, or of such person that may be authorised in that behalf by the regulations. (144) Neglect was often defined as simply being Aboriginal. The representation that being removed would lead to a better life relies on Western attitudes about society and culture. It dismisses any notion of Indigenous rights to be Indigenous and defines a better life according to how white society views it. Throughout most of the 1900s, Aboriginal children that were removed to experience this better life were trained in positions of servants. Nelson’s inclusion of his own personal experience as a non Indigenous Australian who has experienced loss and sorrow sustains his textual purpose to reduce human experiences to a common ground, an equal footing – to make all injustices equal. And he finishes the paragraph off with the subtle reminder that this “sorry” is only for “those” Aboriginal Australians that were removed in the first seven decades of last century. After retelling the experience of one Indigenous person as told to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, he retells the experience of an Indigenous woman as told to a non-Indigenous man. The appropriate protocols concerning the re-using of Indigenous knowledge and intellectual copyright appeared to be absent in this address. Not only does the individual remain unacknowledged but the potential for misappropriating Indigenous experiences for non Indigenous purposes is apparent. The insertion of the story dismisses the importance of the original act of telling, and the significance of the unspeakable through decades of silence. Felman presents the complexities of the survivor’s tale: “the victim’s story has to overcome not just the silence of the dead but the indelible coercive power of the oppressor’s terrifying, brutal silencing of the surviving, and the inherent speechless silence of the living in the face of an unthinkable, unknowable, ungraspable event” (227). In telling this story Nelson unravelled the foundation of equality he had attempted to resurrect. And his indication towards current happenings in the Northern Territory only served to further highlight the inequities that Indigenous peoples continue to face, resist and surpass. Nelson’s statement that “separation was then, and remains today, a painful but necessary part of public policy in the protection of children” is another reminder of the “indelible coercive power of the oppressor’s terrifying” potential to repeat history. The final unmasking of the hypocritical and contested nature of Nelson’s national ideology and narrative is in his telling of the “facts” – the statistics concerning Indigenous life expectancy, Indigenous infant mortality rates, “diabetes, kidney disease, hospitalisation of women from assault, imprisonment, overcrowding, educational underperformance and unemployment”. These statistics are a result not of what Nelson terms “existential aimlessness” (immediately preceding paragraph) but of colonisation – theft of land, oppression, abuse, discrimination, and lack of any rights whether citizenship or Aboriginal. These contemporary experiences of Indigenous peoples are the direct linear result of the last two hundred years of white nation building. The address is concluded with mention of Neville Bonner, portrayed here as the perfect example of what reading, writing, expressing yourself with dignity and treating people with decency and courtesy can achieve. Bonner is presented as the ‘ideal’ Blackfella, a product of the assimilation period: he could read and write and was dignified, decent and courteous (and, coincidentally, Liberal). The inclusion of this reference to Bonner in the address may hint at the “My best friend is an Aborigine” syndrome (Heiss 71), but it also provides a discursive example to the listener of the ways in which ‘equalness’ is suggested, assumed, privileged or denied. It is a reminder, in the same vein of Patten and Ferguson’s fights for rights, that what is equal has always been apparent to the colonised. Your present official attitude is one of prejudice and misunderstanding … we are no more dirty, lazy stupid, criminal, or immoral than yourselves. Also, your slanders against our race are a moral lie, told to throw all the blame for your troubles on to us. You, who originally conquered us by guns against our spears, now rely on superiority of numbers to support your false claims of moral and intellectual superiority. After 150 years, we ask you to review the situation and give us a fair deal – a New Deal for Aborigines. The cards have been stacked against us, and we now ask you to play the game like decent Australians. Remember, we do not ask for charity, we ask for justice. Nelson quotes Bonner’s words that “[unjust hardships] can only be changed when people of non Aboriginal extraction are prepared to listen, to hear what Aboriginal people are saying and then work with us to achieve those ends”. The need for non-Indigenous Australians to listen, to be shaken out of their complacent equalness appears to have gone unheard. Fiumara, in her philosophy of listening, states: “at this point the opportunity is offered for becoming aware that the compulsion to win is due less to the intrinsic difficulty of the situation than to inhibitions induced by a non-listening language that prevents us from seeing that which would otherwise be clear” (198). It is this compulsion to win, or to at least not be seen to be losing that contributes to the unequalness of this particular “sorry” and the need to construct an equal footing. This particular utterance of sorry does not come from an acknowledged place of difference and its attached history of colonisation; instead it strives to create a foundation based on a lack of anyone being positioned on the high moral ground. It is an irony that pervades the address considering it was the coloniser’s belief in his/her moral superiority that took the first child to begin with. Nelson’s address attempts to construct the utterance of “sorry”, and its intended meaning in this specific context, on ‘equal’ ground: his representation is that we are all Australians, “us” and ‘them’ combined, “we” all suffered and made sacrifices; “we” all deserve respect and equal acknowledgment of the contribution “we” all made to this “enviable” nation. And therein lies the unequalness, the inequality, the injustice, of this particular “sorry”. This particular “sorry” is born from and maintains the structures, policies, discourses and language that led to the taking of Indigenous children in the first place. In his attempt to create a “sorry” that drew equally from the “charitable” as well as the “misjudged” deeds of white Australia, Nelson’s “We Are Sorry – Address to Parliament” increased the experiences of inequality. Chow writes that in the politics of admittance the equal depends on “acceptance by permission … and yet, being ‘admitted’ is never simply a matter of possessing the right permit, for validation and acknowledgment must also be present for admittance to be complete” (36-37). References Augoustinos, Martha, Amanda LeCouteur, and John Soyland. “Self-Sufficient Arguments in Political Rhetoric: Constructing Reconciliation and Apologizing to the Stolen Generations.” Discourse and Society 13.1 (2002): 105-142.Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. Sydney: Human Rights and Equal Opportunity Commission, 1997.Aborigines Protection Act 1909: An Act to Provide for the Protection and Care of Aborigines; To Repeal the Supply of Liquors Aborigines Prevention Act; To Amend the Vagrancy Act, 1902, and the Police Offences (Amendment) Act, 1908; And for Purposes Consequent Thereon or Incidental Thereto. Assented to 20 Dec. 1909. Digital Collections: Books and Serial, National Library of Australia. 24 Mar. 2008 < http://www.nla.gov.au/apps/cdview?pi=nla.aus-vn71409-9x-s1-v >.Chow, Rey. “The Politics of Admittance: Female Sexual Agency, Miscegenation and the Formation of Community in Frantz Fanon.” In Anthony C. Alessandrini, ed. Frantz Fanon: Critical Perspectives. London: Routledge, 1999. 34-56.Felman, Shoshana. “Theaters of Justice: Arendt in Jerusalem, the Eichmann Trial and the Redefinition of Legal Meaning in the Wake of the Holocaust.” Critical Inquiry 27.2 (2001): 201-238.Fiumara, Gemma Corradi. The Other Side of Language: A Philosophy of Listening. London and New York: Routledge, 2006.Heiss, Anita. I’m Not a Racist But… UK: Salt Publishing, 2007.Janca, Aleksandar, and Clothilde Bullen. “Aboriginal Concept of Time and Its Mental Health Implications.” Australian Psychiatry 11 (Supplement 2003): 40-44.Nelson, Brendan. “We Are Sorry – Address to Parliament.” 14 Feb. 2008 < http://www.liberal.org.au/info/news/detail/20080213_ WearesorryAddresstoParliament.php >.Patten, Jack, and William Ferguson. Aborigines Claim Citizen Rights! A Statement for the Aborigines Progressive Association. Sydney: The Publicist, 1938.Taylor, Martin, and James Francis. Bludgers in Grass Castles: Native Title and the Unpaid Debts of the Pastoral Industry. Chippendale: Resistance Books, 1997.William, Ross. “‘Why Should I Feel Guilty?’ Reflections on the Workings of White-Aboriginal Relations.” Australian Psychologist 35.2 (2000): 136-142.Wolfe, Patrick. Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event. London and New York: Cassell, 1999.

Objectives This study aims to estimate the incidence rate of first episode of psychosis (FEP) in the Top End of the Northern Territory (NT), exploring how rates vary by age, sex, Aboriginal status and remoteness. Method Youths (ages 15–24) presenting with FEP to the two specialist mental health services in the Top End were identified through audit of the electronic health records between 2014–2018. Population demographic data were collected from the 2016 Australian National Census. Statistical analysis estimated variation in incidence rates by age, sex, Aboriginal status and remoteness. Results A total of 236 youths with FEP were included in the study. The overall incidence rate was 174 per 100,000 person-years. Rates were very high in the Aboriginal (331 per 100,000 person-years) and remote populations (308 per 100,000 person-years), and lower in the non-Aboriginal population (85 per 100,000 person-years). Conclusion This study shows high rates of FEP in young people in the Top End, attributable to very high rates in the Aboriginal population, many of whom live in remote areas. Resources should be allocated to support this high-risk group.

Abstract Background Aboriginal peoples have occupied the island continent of Australia for millennia. Over 500 different clan groups or nations with distinctive cultures, beliefs, and languages have learnt to live sustainably and harmoniously with nature. They have developed an intimate and profound relationship with the environment, and their use of native plants in food and medicine is largely determined by the environment they lived in. Over 1511 plant species have been recorded as having been used medicinally in Australia. Most of these medicinal plants were recorded from the Aboriginal communities in Northern Territory, New South Wales, South Australia, and Western Australia. Not much has yet been reported on Aboriginal medicinal plants of Queensland. Therefore, the main aim of this review is to collect the literature on the medicinal plants used by Aboriginal peoples of Queensland and critically assess their ethnopharmacological uses. Methods The information used in this review was collected from archival material and uploaded into the Tropical Indigenous Ethnobotany Centre (TIEC) database. Archival material included botanist’s journals/books and old hard copy books. Scientific names of the medicinal plant species were matched against the ‘World Flora Online Plant List’, and ‘Australian Plant Census’ for currently accepted species names to avoid repetition. An oral traditional medical knowledge obtained through interviewing traditional knowledge holders (entered in the TIEC database) has not been captured in this review to protect their knowledge. Results This review identified 135 species of Queensland Aboriginal medicinal plants, which belong to 103 genera from 53 families, with Myrtaceae being the highest represented plant family. While trees represented the biggest habit, leaves were the most commonly used plant parts. Of 62 different diseases treated by the medicinal plants, highest number of plants are used for treating skin sores and infections. Few plants identified through this review can be found in other tropical countries but many of these medicinal plants are native to Australia. Many of these medicinal plants are also used as bush food by Aboriginal peoples. Conclusion Through extensive literature review, we found that 135 medicinal plants native to Queensland are used for treating 62 different diseases, especially skin infections. Since these medicinal plants are also used as bush food and are rarely studied using the Western scientific protocols, there is a huge potential for bioprospecting and bush food industry.

Abstract Background Invasive Group A Streptococcal (iGAS) disease exerts an important burden among Australian children. No Australian hospitalisation cost estimates for treating children with iGAS disease exist, so the financial impact of this condition is unknown. Aim To determine the minimum annual healthcare cost for children (< 18 years) hospitalised with iGAS disease in Australia from a healthcare sector perspective. Methods A cost analysis including children with laboratory-confirmed iGAS disease hospitalised at the Royal Children’s Hospital (Victoria, Australia; July 2016 to June 2019) was performed. Results were extrapolated against the national minimum iGAS disease incidence. This analysis included healthcare cost from the 7 days prior to the index admission via General Practitioner (GP) and Emergency Department (ED) consultations; the index admission itself; and the 6 months post index admission via rehabilitation admissions, acute re-admissions and outpatient consultations. Additional extrapolations of national cost data by age group, Aboriginal and Torres Strait Islander ethnicity and jurisdiction were performed. Results Of the 65 included children, 35% (n = 23) were female, 5% (n = 3) were Aboriginal and Torres Strait Islander, and the average age was 4.4 years (SD 4.6; 65% aged 0–4). The iGAS disease related healthcare cost per child was $67,799 (SD $92,410). These costs were distributed across the 7 days prior to the index admission via GP and ED consultations (0.2 and 1.1% of total costs, respectively), the index admission itself (88.7% of the total costs); and the 6 months post index admission via rehabilitation admissions, acute re-admissions and outpatient consultations (5.3, 4.5 and 0.1% of total costs, respectively). Based on a national minimum paediatric incidence estimation of 1.63 per 100,000 children aged < 18 (95%CI: 1.11–2.32), the total annual healthcare cost for children with iGAS in 2019 was $6,200,862. The financial burden reflects the overrepresentation of Aboriginal and Torres Strait Islander people in the occurrence of iGAS disease. Costs were concentrated among children aged 0–4 years (62%). Conclusion As these cost estimations were based on a minimum incidence, true costs may be higher. Strengthening of surveillance and control of iGAS disease, including a mandate for national notification of iGAS disease, is warranted. Trial registration The current study is a part of ongoing iGAS surveillance work across seven paediatric health services in Australia. As this is not a clinical trial, it has not undergone trial registration.

Abstract Background Peripheral artery disease (PAD) is implicated in up to 50% of diabetes-related foot ulcers (DFU) and significantly contributes to morbidity and mortality in this population. An evidence-based guideline that is relevant to the national context including consideration of the unique geographical and health care system differences between Australia and other countries, and delivery of culturally safe care to First Nations people, is urgently required to improve outcomes for patients with PAD and DFU in Australia. We aimed to identify and adapt current international guidelines for diagnosis and management of patients with PAD and DFU to develop an updated Australian guideline. Methods Using a panel of national content experts and the National Health and Medical Research Council procedures, the 2019 International Working Group on the Diabetic Foot (IWGDF) guidelines were adapted to the Australian context. The guideline adaptation frameworks ADAPTE and Grading of Recommendations Assessment, Development and Evaluation (GRADE) were applied to the IWGDF guideline for PAD by the expert panel. Recommendations were then adopted, adapted or excluded, and specific considerations for implementation, population subgroups, monitoring and future research in Australia were developed with accompanying clinical pathways provided to support guideline implementation. Results Of the 17 recommendations from the IWGDF Guideline on diagnosis, prognosis and management of PAD in patients with diabetes with and without foot ulcers, 16 were adopted for the Australian guideline and one recommendation was adapted due to the original recommendation lacking feasibility in the Australian context. In Australia we recommend all people with diabetes and DFU undergo clinical assessment for PAD with accompanying bedside testing. Further vascular imaging and possible need for revascularisation should be considered for all patients with non-healing DFU irrespective of bedside results. All centres treating DFU should have expertise in, and/or rapid access to facilities necessary to diagnose and treat PAD, and should provide multidisciplinary care post-operatively, including implementation of intensive cardiovascular risk management. Conclusions A guideline containing 17 recommendations for the diagnosis and management of PAD for Australian patients with DFU was developed with accompanying clinical pathways. As part of the adaptation of the IWGDF guideline to the Australian context, recommendations are supported by considerations for implementation, monitoring, and future research priorities, and in relation to specific subgroups including Aboriginal and Torres Strait Islander people, and geographically remote people. This manuscript has been published online in full with the authorisation of Diabetes Feet Australia and can be found on the Diabetes Feet Australia website: https://www.diabetesfeetaustralia.org/new-guidelines/.

The public discourse on asylum seekers in the past year or so and the generation of hatred against them contains a strong linguistic element marking clear boundaries between 'ourselves' and the asylum seekers. I will discuss this linguistic dimension, which calls for vigilance and critical awareness in future discourses of exclusion. One of John Howard's political platforms in the victorious campaign, in which he replaced Paul Keating as Prime Minister was to liberate Australia of the 'political correctness' imposed by his opponents. In this respect, at least, he came close to the far right in Australian politics. For instance, he said of far right ex-Labor Independent Graeme Campbell: 'His attacks on political correctness echo many of the attacks I made on political correctness' (The Age, 18 June 1996). 'Political correctness' is a negative term for 'inclusive language' -- avoiding or being encouraged by stylistic or policy guidelines to avoid the choice of lexical items that may be offensive to sections of the population. The converse is the discourse of exclusion. Whether it excludes on the basis of ethnicity, religion, gender or any other basis, the discourse of exclusion creates a division between 'us' and 'them', partly on the basis of different lexical items for the two groups (Clyne, Establishing Linguistic Markers of Racism). Asylum seekers have been projected by politicians (especially those in the government) as not only different from the Australian people and therefore not belonging, but also as a threat to the Australian people. To demonstrate this projection it is worth considering some of the terms and formulations of exclusion and division that have been used. As Mungo MacCallum (41) argues, 'The first step was to get rid of the term 'refugee'; it has a long and honourable history and is generally used to describe people forced to flee from their homelands.' It might be more accurate to say that the government limited its use so that no honourable associations could be made with the current group of asylum seekers. There had been newspaper columns which had focused on the achievements and contributions to the nation of previous vintages of refugees; some communities consisted largely or entirely of refugees and their descendants, including some who had given longstanding support to the Liberal Party. The semantic narrowing of 'refugee' was illustrated in the Prime Minister's pronouncement (Herald-Sun, 8 Oct. 2001) when it was alleged that asylum seekers had thrown their children overboard: 'Genuine refugees don't do that'. Thus, refugee status in the public discourse was being related to their moral representation and not to any consideration of the threat of persecution in their homeland. While refugee status was officially a legal issue, when the Prime Minister interacted with the media and the voters, the asylum seekers were already excluded by guided popular opinion, for 'I don't want people like that in Australia'. The exclusionary line based on moral grounds was echoed by Alexander Downer (The Age, 8 Oct. 2001), who described the asylum seekers as lacking the civilized behaviour to be worthy to live in Australia: 'Any civilized person wouldn't dream of treating their own children that way'. So what could the asylum seekers be called? MacCallum (2002: 43) attributes to Philip Ruddock the verbal masterstroke' of reducing the identification of the asylum seekers to a 'one word label': 'unlawful'. However, this identification came in a number of facets. They were described on both sides of parliament as 'illegals', illegal arrivals', 'illegal immigrants' (e.g. Hansard, 29 Aug. 2001). All of these terms encourage the view of intrusion. In actual fact, whether people's arrival had been authorized by the government or not, there is no such thing as an 'illegal refugee'. Other descriptions ranged from 'occasional tourists' (Gary Hardgrave, Minister for Citizenship and Multicultural Affairs; House of Representatives, 30 Aug. 2001) '; to 'café latte poor' (Senator Robert Ray, former Labor Minister for Immigration), which assumes that only the poor can be refugees. Such descriptions suggested that the asylum seekers were dishonest imposters. But the term 'illegals' lowers asylum seekers to the status of 'non-people' and this gives others the licence to treat them in a way that may be different to those who are 'people'. This is reinforced by the fact that the asylum seekers are neither nice nor poor, and therefore cannot expect to attract support from the government (and, to a large extent from the opposition). The 'bully' image of the asylum seekers was propagated by comments on the behaviour of those allegedly harming their children, described by Ruddock as 'carefully planned and premeditated' (The Age, 14 Feb. 2002). It was reinforced by Peter Reith, who described the action as a 'premeditated attempt to force their way into the country' (The Age, 8 Aug. 2001). When Kim Beazley said: 'It is not unhumanitarian (sic) to try to deter criminals' (The Age, 8 Nov. 2001), he left it to our imagination or choice whether, in supporting the government's position, he wanted to defend us from the asylum seekers or from the 'people smugglers' of whom they are victims. However he put the asylum seekers directly or by association into the criminal category. The suggestion that the asylum seekers might be economic migrants masquerading as refugees enabled the government to differentiate them from 'battlers', who are likely to support action against any 'crooks' who will take the little the battlers have away from them. So far asylum seekers as 'bad cruel people' have been differentiated from 'genuine refugees' of the past, from a nation of 'civilized', gentle, child-loving people, and from Aussie 'battlers'. 'Queue-jumper' is a term that differentiates asylum seekers from both the 'mainstream' and the succession of migrants who have come at various times. This term occurs in several debates (used e.g. by Senator Ron Boswell and Kay Ellison, 29 Aug. 2001). Firstly, it invokes the twin cultural concepts of fairness and orderliness. The 'destruction' of 'political correctness' and especially Pauline Hanson's expressed views regenerated the notion that the needy were unfairly getting something for nothing that others had to work for. This included Aborigines, recently arrived migrants or refugees, single mothers, and even the disabled. The fact that there were no queues in Iraq, Afghanistan, Iran, or the Palestinian Territories in which people could stand to fill in immigration applications was not taken into account. Queuing is very much an Anglo concept of orderliness, reflecting the strong linear emphasis in British-derived cultures, even in academic discourse and school essays and in formal meetings as I have discussed elsewhere (e.g. Clyne, Inter-cultural Communication at Work). In another sense, the 'queue jumper' is a repugnant person to migrants of all backgrounds. The impression is gained from the designation that asylum seekers are taking the place in a tight quota of their relatives (or people like them) waiting to be admitted under the family reunion scheme. In actual fact, the number of asylum seekers recognized as refugees does not affect other categories such as family reunion, and in fact, the quota for the humanitarian category wasn't nearly filled in 2001. The government's handling of asylum seekers is thus underpinned by two types of moral principles -- the schoolmaster principle -- They have to behave themselves, otherwise they will be punished, and the schoolchild principle (based on the perception)-- It ain't fair; he pushed in. Another term that has played an important role in the asylum seeker discourse is 'border protection'. This term featured prominently in the 2001 election campaign, when both major parties vied to persuade voters that they were best equipped to protect Australia. It lives on in the public discourse and relates both to contemporary international politics and to traditional Australian xenophobia. The 2001 federal election was fought in the context of the terrorist attacks on the twin towers and the American-led coalition against international terrorism. Thus, the term 'border protection' was necessarily ambiguous. Was it terrorists or asylum seekers who were being kept out? Or were they perhaps the same people? Even though many of the asylum seekers were claiming to be escaping from persecution by the terrorists or those who were harbouring them. Maybe the linking association is with Islam? It is possible that 'border protection' (like the Liberal Party's 1998 election slogan 'For all of us') is also ambiguous enough to attract opponents of multiculturalism without alienating its supporters.2 Boat-loads of new arrivals have long caused fear among Australians. For much of Australia's British history, we were terrified of invasions from our north -- not just the 'yellow peril', it even included the Russians and the French, from whom Australians were protected by fortresses along the coast. This was immortalized in the final verse of the politically incorrect early version of Advance Australia Fair: Should foreign foe e'er sight our coast Or dare a foot to land, We'll rouse to arms like siers of yore To guard our native strand; Brittania then shall surely know, Beyond wide oceans roll Her sons in fair Australia's land Still keep a British soul, In joyful strains, etc. In fact, the entire original version of Advance Australia Fair has a predominantly exclusionist theme which contrasts with the inclusive values embodied in the present national anthem. While our 'politically correct' version has 'boundless plains to share' with 'those who've come across the seas', they are only open to 'loyal sons' in the original, which is steeped in colonial jingoism. The gender-inclusive 'Australians all' replaces 'Australia's sons' as the opening appellation. Are our politicians leading us back from an inclusive and open identity? I do not have space to go into the opposing discourse, which has come largely from academic social scientists, former prime ministers, and ministers of both major parties, current politicians of the minor parties, and journalists from the broadsheet press and the ABC. Objections are often raised against the 'demonisation' and 'dehumanisation' of the asylum seekers. In this short article, I have tried to demonstrate the techniques used to do this. The use of 'illegal' and 'queue jumper' to represent asylum seekers differentiates them from 'refugees' and 'migrants' and has removed them from any category with whom existing Australians should show solidarity. What makes them different is that they are cruel, even to their children, dishonest and imposters, badly behaved, unfair and disorderly – enemies of the Australian people, who want to deprive them of their sovereignty. It is interesting to see this in contrast to the comment of a spokesperson from Rural Australians for Refugees (AM, Radio National, 26 Jan. 2002): 'We can't recognise our country anymore which was based on fairness and fair go'. Notes This is based on 'When the discourse of hatred becomes respectable – does the linguist have a responsibility?', a paper presented at the Australian Linguistic Society conference at Macquarie University, July 2001. Some of the same data was discussed in 'The discourse excluding asylum seekers – have we been brainwashed?' Australian Language Matters 10: 3-10, by the same author. Research assistance from Felicity Grey is gratefully acknowledged. 2 I thank Felicity Meakins for this suggestion. References Clyne, Michael. Inter-Cultural Communication at Work. Cambridge: Cambridge University Press, 1994. Clyne, Michael. 'Establishing Linguistic Markers of Racism.' Language and Peace. Ed. C. Schäffner and A.Wenden. Dartmouth: Aldershot, 1995. 111-18. MacCallum, Mungo. Girt by Sea (Quarterly Essay). Melbourne: Black, 2002. Markus, Andrew. 'John Howard and the Naturalization of Bigotry.' The Resurgence of Racism. Ed. G.Gray and C.Winter. Clayton: Monash University, Department of History (Monash Publications in History 24), 1997. 79-86. Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Clyne, Michael. "Saving Us From Them" M/C: A Journal of Media and Culture 5.5 (2002). [your date of access] < http://www.media-culture.org.au/mc/0210/Clyne.html &gt. Chicago Style Clyne, Michael, "Saving Us From Them" M/C: A Journal of Media and Culture 5, no. 5 (2002), < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]). APA Style Clyne, Michael. (2002) Saving Us From Them. M/C: A Journal of Media and Culture 5(5). < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]).

In this paper we explore the rise of anti-gambling apps in the context of the massive expansion of gambling in new spheres of life (online and offline) and an acceleration in strategies of anticipatory and individualised management of harm caused by gambling. These apps, and the techniques and forms of labour they demand, are examples of and a mechanism through which a mode of governance premised on ‘self-care’ and ‘self-control’ is articulated and put into practice. To support this argument, we explore two government initiatives in the Australian context. Quit Pokies, a mobile app project between the Moreland City Council, North East Primary Care Partnership and the Victorian Local Governance Association, is an example of an emerging service paradigm of ‘self-care’ that uses online and mobile platforms with geo-location to deliver real time health and support interventions. A similar mobile app, Gambling Terminator, was launched by the NSW government in late 2012. Both apps work on the premise that interrupting a gaming session through a trigger, described by Quit Pokies’ creator as a “tap on the shoulder” provides gamblers the opportunity to take a reflexive stance and cut short their gambling practice in the course of play. We critically examine these apps as self-disciplining techniques of contemporary neo-liberalism directed towards anticipating and reducing the personal harm and social risk associated with gambling. We analyse the material and discursive elements, and new forms of user labour, through which this consumable media is framed and assembled. We argue that understanding the role of these apps, and mobile media more generally, in generating new techniques and technologies of the self, is important for identifying emerging modes of governance and their implications at a time when gambling is going through an immense period of cultural normalisation in online and offline environments. The Australian context is particularly germane for the way gambling permeates everyday spaces of sociality and leisure, and the potential of gambling interventions to interrupt and re-configure these spaces and institute a new kind of subject-state relation. Gambling in Australia Though a global phenomenon, the growth and expansion of gambling manifests distinctly in Australia because of its long cultural and historical attachment to games of chance. Australians are among the biggest betters and losers in the world (Ziolkowski), mainly on Electronic Gaming Machines (EGM) or pokies. As of 2013, according to The World Count of Gaming Machine (Ziolkowski), there were 198,150 EGMs in the country, of which 197,274 were slot machines, with the rest being electronic table games of roulette, blackjack and poker. There are 118 persons per machine in Australia. New South Wales is the jurisdiction with most EGMs (95,799), followed by Queensland (46,680) and Victoria (28,758) (Ziolkowski). Gambling is significant in Australian cultural history and average Australian households spend at least some money on different forms of gambling, from pokies to scratch cards, every year (Worthington et al.). In 1985, long-time gambling researcher Geoffrey Caldwell stated thatAustralians seem to take a pride in the belief that we are a nation of gamblers. Thus we do not appear to be ashamed of our gambling instincts, habits and practices. Gambling is regarded by most Australians as a normal, everyday practice in contrast to the view that gambling is a sinful activity which weakens the moral fibre of the individual and the community. (Caldwell 18) The omnipresence of gambling opportunities in most Australian states has been further facilitated by the availability of online and mobile gambling and gambling-like spaces. Social casino apps, for instance, are widely popular in Australia. The slots social casino app Slotomania was the most downloaded product in the iTunes store in 2012 (Metherell). In response to the high rate of different forms of gambling in Australia, a range of disparate interest groups have identified the expansion of gambling as a concerning trend. Health researchers have pointed out that online gamblers have a higher risk of experiencing problems with gambling (at 30%) compared to 15% in offline bettors (Hastings). The incidence of gambling problems is also disproportionately high in specific vulnerable demographics, including university students (Cervini), young adults prone to substance abuse problems (Hayatbakhsh et al.), migrants (Tanasornnarong et al.; Scull & Woolcock; Ohtsuka & Ohtsuka), pensioners (Hing & Breen), female players (Lee), Aboriginal communities (Young et al.; McMillen & Donnelly) and individuals experiencing homelessness (Holsworth et al.). While there is general recognition of the personal and public health impacts of gambling in Australia, there is a contradiction in the approach to gambling at a governance level. On one hand, its expansion is promoted and even encouraged by the federal and state governments, as gambling is an enormous source of revenue, as evidenced, for example, by the construction of the new Crown casino in Barangaroo in Sydney (Markham & Young). Campaigns trying to limit the use of poker machines, which are associated with concerns over problem gambling and addiction, are deemed by the gambling lobby as un-Australian. Paradoxically, efforts to restrict gambling or control gambling winnings have also been described as un-Australian, such as in the Australian Taxation Office’s campaign against MONA’s founder, David Walsh, whose immense art collection was acquired with the funds from a gambling scheme (Global Mail). On the other hand, people experiencing problems with gambling are often categorised as addicts and the ultimate blame (and responsibility) is attributed to the individual. In Australia, attitudes towards people who are arguably addicted to gambling are different than those towards individuals afflicted by alcohol or drug abuse (Jean). While “Australians tend to be sympathetic towards people with alcohol and other drug addictions who seek help,” unless it is seen as one of the more socially acceptable forms of occasional, controlled gambling (such as sports betting, gambling on the Melbourne Cup or celebrating ANZAC Day with Two-Up), gambling is framed as an individual “problem” and “moral failing” (Jean). The expansion of gambling is the backdrop to another development in health care and public health discourse, which have for some time now been devoted to the ideal of what Lupton has called the “digitally engaged patient” (Lupton). Technologies are central to the delivery of this model of health service provision that puts the patient at the centre of, and responsible for, their own health and medical care. Lupton has pointed out how this discourse, while appearing new, is in fact the latest version of the 1970s emphasis on the ‘patient as consumer’, an idea given an extra injection by the massive development and availability of digital and interactive web-based and mobile platforms, many of these directed towards the provision of health and health-related information and services. What this means for patients is that, rather than relying solely on professional medical expertise and care, the patient is encouraged to take on some of this medical/health work to conduct practices of ‘self-care’ (Lupton). The Discourse of ‘Self-Management’ and ‘Self-Care’ The model of ‘self-care’ and ‘self-management’ by ‘empowering’ digital technology has now become a dominant discourse within health and medicine, and is increasingly deployed across a range of related sectors such as welfare services. In recent research conducted on homelessness and mobile media, for example, government department staff involved in the reform of welfare services referred to ‘self-management’ as the new service paradigm that underpins their digital reform strategy. Echoing ideas and language similar to the “digitally engaged patient”, customers of Centrelink, Medicare and other ‘human services’ are being encouraged (through planned strategic initiatives aimed at shifting targeted customer groups online) to transact with government services digitally and manage their own personal profiles and health information. One departmental staff member described this in terms of an “opportunity cost”, the savings in time otherwise spent standing in long queues in service centres (Humphry). Rather than view these examples as isolated incidents taking place within or across sectors or disciplines, these are better understood as features of an emerging ‘discursive formation’ , a term Foucault used to describe the way in which particular institutions and/or the state establish a regime of truth, or an accepted social reality and which gives definition to a new historical episteme and subject: in this case that of the self-disciplined and “digitally engaged medical/health patient”. As Foucault explained, once this subject has become fully integrated into and across the social field, it is no longer easy to excavate, since it lies below the surface of articulation and is held together through everyday actions, habits and institutional routines and techniques that appear to be universal, necessary and/normal. The way in which this citizen subject becomes a universal model and norm, however, is not a straightforward or linear story and since we are in the midst of its rise, is not a story with a foretold conclusion. Nevertheless, across a range of different fields of governance: medicine; health and welfare, we can see signs of this emerging figure of the self-caring “digitally engaged patient” constituted from a range of different techniques and practices of self-governance. In Australia, this figure is at the centre of a concerted strategy of service digitisation involving a number of cross sector initiatives such as Australia’s National EHealth Strategy (2008), the National Digital Economy Strategy (2011) and the Australian Public Service Mobile Roadmap (2013). This figure of the self-caring “digitally engaged” patient, aligns well and is entirely compatible with neo-liberal formulations of the individual and the reduced role of the state as a provider of welfare and care. Berry refers to Foucault’s definition of neoliberalism as outlined in his lectures to the College de France as a “particular form of post-welfare state politics in which the state essentially outsources the responsibility of the ‘well-being' of the population” (65). In the case of gambling, the neoliberal defined state enables the wedding of two seemingly contradictory stances: promoting gambling as a major source of revenue and capitalisation on the one hand, and identifying and treating gambling addiction as an individual pursuit and potential risk on the other. Risk avoidance strategies are focused on particular groups of people who are targeted for self-treatment to avoid the harm of gambling addiction, which is similarly framed as individual rather than socially and systematically produced. What unites and makes possible this alignment of neoliberalism and the new “digitally engaged subject/patient” is first and foremost, the construction of a subject in a chronic state of ill health. This figure is positioned as terminal from the start. They are ‘sick’, a ‘patient’, an ‘addict’: in need of immediate and continuous treatment. Secondly, this neoliberal patient/addict is enabled (we could even go so far as to say ‘empowered’) by digital technology, especially smartphones and the apps available through these devices in the form of a myriad of applications for intervening and treating ones afflictions. These apps range fromself-tracking programs such as mood regulators through to social media interventions. Anti-Pokie Apps and the Neoliberal Gambler We now turn to two examples which illustrate this alignment between neoliberalism and the new “digitally engaged subject/patient” in relation to gambling. Anti-gambling apps function to both replace or ‘take the place’ of institutions and individuals actively involved in the treatment of problem gambling and re-engineer this service through the logics of ‘self-care’ and ‘self-management’. Here, we depart somewhat from Foucault’s model of disciplinary power summed up in the institution (with the prison exemplifying this disciplinary logic) and move towards Deleuze’s understanding of power as exerted by the State not through enclosures but through diffuse and rhizomatic information flows and technologies (Deleuze). At the same time, we retain Foucault’s attention to the role and agency of the user in this power-dynamic, identifiable in the technics of self-regulation and in his ideas on governmentality. We now turn to analyse these apps more closely, and explore the way in which these articulate and perform these disciplinary logics. The app Quit Pokies was a joint venture of the North East Primary Care Partnership, the Victorian Local Governance Association and the Moreland City Council, launched in early 2014. The idea of the rational, self-reflexive and agentic user is evident in the description of the app by app developer Susan Rennie who described it this way: What they need is for someone to tap them on the shoulder and tell them to get out of there… I thought the phone could be that tap on the shoulder. The “tap on the shoulder” feature uses geolocation and works by emitting a sound alert when the user enters a gaming venue. It also provides information about each user’s losses at that venue. This “tap on the shoulder” is both an alert and a reprimand from past gambling sessions. Through the Responsible Gambling Fund, the NSW government also launched an anti-pokie app in 2013, Gambling Terminator, including a similar feature. The app runs on Apple and Android smartphone platforms, and when a person is inside a gambling venue in New South Wales it: sends reminder messages that interrupt gaming-machine play and gives you a chance to re-think your choices. It also provides instant access to live phone and online counselling services which operate 24 hours a day, seven days a week. (Google Play Store) Yet an approach that tries to prevent harm by anticipating the harm that will come from gambling at the point of entering a venue, also eliminates the chance of potential negotiations and encounters a user might have during a visit to the pub and how this experience will unfold. It reduces the “tap on the shoulder”, which may involve a far wider set of interactions and affects, to a software operation and it frames the pub or the club (which under some conditions functions as hubs for socialization and community building) as dangerous places that should be avoided. This has the potential to lead to further stigmatisation of gamblers, their isolation and their exclusion from everyday spaces. Moreland Mayor, Councillor Tapinos captures the implicit framing of self-care as a private act in his explanation of the app as a method for problem gamblers to avoid being stigmatised by, for example, publicly attending group meetings. Yet, curiously, the app has the potential to create a new kind of public stigmatisation through potentially drawing other peoples’ attention to users’ gambling play (as the alarm is triggered) generating embarrassment and humiliation at being “caught out” in an act framed as aberrant and literally, “alarming”. Both Quit Pokies and Gambling Terminator require their users to perform ‘acts’ of physical and affective labour aimed at behaviour change and developing the skills of self-control. After downloading Quit Pokies on the iPhone and launching the app, the user is presented an initial request: “Before you set up this app. please write a list of the pokies venues that you regularly use because the app will ask you to identify these venues so it can send you alerts if you spend time in these locations. It will also use your set up location to identify other venues you might use so we recommend that you set up the App in the location where you spend most time. Congratulation on choosing Quit Pokies.”Self-performed processes include installation, setting up, updating the app software, programming in gambling venues to be detected by the smartphone’s inbuilt GPS, monitoring and responding to the program’s alerts and engaging in alternate “legitimate” forms of leisure such as going to the movies or the library, having coffee with a friend or browsing Facebook. These self-performed labours can be understood as ‘technologies of the self’, a term used by Foucault to describe the way in which social members are obliged to regulate and police their ‘selves’ through a range of different techniques. While Foucault traces the origins of ‘technologies of the self’ to the Greco-Roman texts with their emphasis on “care of oneself” as one of the duties of citizenry, he notes the shift to “self-knowledge” under Christianity around the 8th century, where it became bound up in ideals of self-renunciation and truth. Quit Pokies and Gambling Terminator may signal a recuperation of the ideal of self-care, over confession and disclosure. These apps institute a set of bodily activities and obligations directed to the user’s health and wellbeing, aided through activities of self-examination such as charting your recovery through a Recovery Diary and implementing a number of suggested “Strategies for Change” such as “writing a list” and “learning about ways to manage your money better”. Writing is central to the acts of self-examination. As Jeremy Prangnell, gambling counsellor from Mission Australia for Wollongong and Shellharbour regions explained the app is “like an electronic diary, which is a really common tool for people who are trying to change their behaviour” (Thompson). The labours required by users are also implicated in the functionality and performance of the platform itself suggesting the way in which ‘technologies of the self’ simultaneously function as a form of platform work: user labour that supports and sustains the operation of digital systems and is central to the performance and continuation of digital capitalism in general (Humphry, Demanding Media). In addition to the acts of labour performed on the self and platform, bodies are themselves potentially mobilised (and put into new circuits of consumption and production), as a result of triggers to nudge users away from gambling venues, towards a range of other cultural practices in alternative social spaces considered to be more legitimate.Conclusion Whether or not these technological interventions are effective or successful is yet to be tested. Indeed, the lack of recent activity in the community forums and preponderance of issues reported on installation and use suggests otherwise, pointing to a need for more empirical research into these developments. Regardless, what we’ve tried to identify is the way in which apps such as these embody a new kind of subject-state relation that emphasises self-control of gambling harm and hastens the divestment of institutional and social responsibility at a time when gambling is going through an immense period of expansion in many respects backed by and sanctioned by the state. Patterns of smartphone take up in the mainstream population and the rise of the so called ‘mobile only population’ (ACMA) provide support for this new subject and service paradigm and are often cited as the rationale for digital service reform (APSMR). Media convergence feeds into these dynamics: service delivery becomes the new frontier for the merging of previously separate media distribution systems (Dwyer). Letters, customer service centres, face-to-face meetings and web sites, are combined and in some instances replaced, with online and mobile media platforms, accessible from multiple and mobile devices. These changes are not, however, simply the migration of services to a digital medium with little effective change to the service itself. Health and medical services are re-invented through their technological re-assemblage, bringing into play new meanings, practices and negotiations among the state, industry and neoliberal subjects (in the case of problem gambling apps, a new subjectivity, the ‘neoliberal addict’). These new assemblages are as much about bringing forth a new kind of subject and mode of governance, as they are a solution to problem gambling. This figure of the self-treating “gambler addict” can be seen to be a template for, and prototype of, a more generalised and universalised self-governing citizen: one that no longer needs or makes demands on the state but who can help themselves and manage their own harm. Paradoxically, there is the potential for new risks and harms to the very same users that accompanies this shift: their outright exclusion as a result of deprivation from basic and assumed digital access and literacy, the further stigmatisation of gamblers, the elimination of opportunities for proximal support and their exclusion from everyday spaces. References Albarrán-Torres, César. “Gambling-Machines and the Automation of Desire.” Platform: Journal of Media and Communication 5.1 (2013). Australian Communications and Media Authority. “Australians Cut the Cord.” Research Snapshots. Sydney: ACMA (2013) Berry, David. Critical Theory and the Digital. Broadway, New York: Bloomsbury Academic, 2014 Berry, David. 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"Young Adults' Gambling and Its Association with Mental Health and Substance Use Problems." Australian and New Zealand Journal of Public Health 36.2 (2012): 160-166. Hing, Nerilee, and Helen Breen. "A Profile of Gaming Machine Players in Clubs in Sydney, Australia." Journal of Gambling Studies 18.2 (2002): 185-205. Holdsworth, Louise, Margaret Tiyce, and Nerilee Hing. "Exploring the Relationship between Problem Gambling and Homelessness: Becoming and Being Homeless." Gambling Research 23.2 (2012): 39. Humphry, Justine. “Demanding Media: Platform Work and the Shaping of Work and Play.” Scan: Journal of Media Arts Culture, 10.2 (2013): 1-13. Humphry, Justine. “Homeless and Connected: Mobile Phones and the Internet in the Lives of Homeless Australians.” Australian Communications Consumer Action Network. Sep. 2014. ‹https://www.accan.org.au/grants/completed-grants/619-homeless-and-connected›.Lee, Timothy Jeonglyeol. "Distinctive Features of the Australian Gambling Industry and Problems Faced by Australian Women Gamblers." Tourism Analysis 14.6 (2009): 867-876. Lupton, D. “The Digitally Engaged Patient: Self-Monitoring and Self-Care in the Digital Health Era.” Social Theory & Health 11.3 (2013): 256-70. Markham, Francis, and Martin Young. “Packer’s Barangaroo Casino and the Inevitability of Pokies.” The Conversation 9 July 2013. ‹http://theconversation.com/packers-barangaroo-casino-and-the-inevitability-of-pokies-15892›. Markham, Francis, and Martin Young. “Who Wins from ‘Big Gambling’ in Australia?” The Conversation 6 Mar. 2014. ‹http://theconversation.com/who-wins-from-big-gambling-in-australia-22930›.McMillen, Jan, and Katie Donnelly. "Gambling in Australian Indigenous Communities: The State of Play." The Australian Journal of Social Issues 43.3 (2008): 397. 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"Gambling Participation in Australia: Findings from the National Household Expenditure Survey." Review of Economics of the Household 5.2 (2007): 209-221. Young, Martin, et al. "The Changing Landscape of Indigenous Gambling in Northern Australia: Current Knowledge and Future Directions." International Gambling Studies 7.3 (2007): 327-343. Ziolkowski, S. “The World Count of Gaming Machines 2013.” Gaming Technologies Association, 2014. ‹http://www.gamingta.com/pdf/World_Count_2014.pdf›.

From elephants to ABBA fans, silicon to hormone, the following discussion uses a new research method to look at printed text, motion pictures and a teenage rebel icon. If by ‘print’ we mean a mechanically reproduced impression of a cultural symbol in a medium, then printing has been with us since before microdot security prints were painted onto cars, before voice prints, laser prints, network servers, record pressings, motion picture prints, photo prints, colour woodblock prints, before books, textile prints, and footprints. If we accept that higher mammals such as elephants have a learnt culture, then it is possible to extend a definition of printing beyond Homo sapiens. Poole reports that elephants mechanically trumpet reproductions of human car horns into the air surrounding their society. If nothing else, this cross-species, cross-cultural reproduction, this ‘ability to mimic’ is ‘another sign of their intelligence’. Observation of child development suggests that the first significant meaningful ‘impression’ made on the human mind is that of the face of the child’s nurturer – usually its mother. The baby’s mind forms an ‘impression’, a mental print, a reproducible memory data set, of the nurturer’s face, voice, smell, touch, etc. That face is itself a cultural construct: hair style, makeup, piercings, tattoos, ornaments, nutrition-influenced skin and smell, perfume, temperature and voice. A mentally reproducible pattern of a unique face is formed in the mind, and we use that pattern to distinguish ‘familiar and strange’ in our expanding social orbit. The social relations of patterned memory – of imprinting – determine the extent to which we explore our world (armed with research aids such as text print) or whether we turn to violence or self-harm (Bretherton). While our cultural artifacts (such as vellum maps or networked voice message servers) bravely extend our significant patterns into the social world and the traversed environment, it is useful to remember that such artifacts, including print, are themselves understood by our original pattern-reproduction and impression system – the human mind, developed in childhood. The ‘print’ is brought to mind differently in different discourses. For a reader, a ‘print’ is a book, a memo or a broadsheet, whether it is the Indian Buddhist Sanskrit texts ordered to be printed in 593 AD by the Chinese emperor Sui Wen-ti (Silk Road) or the US Defense Department memo authorizing lower ranks to torture the prisoners taken by the Bush administration (Sanchez, cited in ABC). Other fields see prints differently. For a musician, a ‘print’ may be the sheet music which spread classical and popular music around the world; it may be a ‘record’ (as in a ‘recording’ session), where sound is impressed to wax, vinyl, charged silicon particles, or the alloys (Smith, “Elpida”) of an mp3 file. For the fine artist, a ‘print’ may be any mechanically reproduced two-dimensional (or embossed) impression of a significant image in media from paper to metal, textile to ceramics. ‘Print’ embraces the Japanese Ukiyo-e colour prints of Utamaro, the company logos that wink from credit card holographs, the early photographs of Talbot, and the textured patterns printed into neolithic ceramics. Computer hardware engineers print computational circuits. Homicide detectives investigate both sweaty finger prints and the repeated, mechanical gaits of suspects, which are imprinted into the earthy medium of a crime scene. For film makers, the ‘print’ may refer to a photochemical polyester reproduction of a motion picture artifact (the reel of ‘celluloid’), or a DVD laser disc impression of the same film. Textualist discourse has borrowed the word ‘print’ to mean ‘text’, so ‘print’ may also refer to the text elements within the vision track of a motion picture: the film’s opening titles, or texts photographed inside the motion picture story such as the sword-cut ‘Z’ in Zorro (Niblo). Before the invention of writing, the main mechanically reproduced impression of a cultural symbol in a medium was the humble footprint in the sand. The footprints of tribes – and neighbouring animals – cut tracks in the vegetation and the soil. Printed tracks led towards food, water, shelter, enemies and friends. Having learnt to pattern certain faces into their mental world, children grew older and were educated in the footprints of family and clan, enemies and food. The continuous impression of significant foot traffic in the medium of the earth produced the lines between significant nodes of prewriting and pre-wheeled cultures. These tracks were married to audio tracks, such as the song lines of the Australian Aborigines, or the ballads of tramping culture everywhere. A typical tramping song has the line, ‘There’s a track winding back to an old-fashion shack along the road to Gundagai,’ (O’Hagan), although this colonial-style song was actually written for radio and became an international hit on the airwaves, rather than the tramping trails. The printed tracks impressed by these cultural flows are highly contested and diverse, and their foot prints are woven into our very language. The names for printed tracks have entered our shared memory from the intersection of many cultures: ‘Track’ is a Germanic word entering English usage comparatively late (1470) and now used mainly in audio visual cultural reproduction, as in ‘soundtrack’. ‘Trek’ is a Dutch word for ‘track’ now used mainly by ecotourists and science fiction fans. ‘Learn’ is a Proto-Indo-European word: the verb ‘learn’ originally meant ‘to find a track’ back in the days when ‘learn’ had a noun form which meant ‘the sole of the foot’. ‘Tract’ and ‘trace’ are Latin words entering English print usage before 1374 and now used mainly in religious, and electronic surveillance, cultural reproduction. ‘Trench’ in 1386 was a French path cut through a forest. ‘Sagacity’ in English print in 1548 was originally the ability to track or hunt, in Proto-Indo-European cultures. ‘Career’ (in English before 1534) was the print made by chariots in ancient Rome. ‘Sleuth’ (1200) was a Norse noun for a track. ‘Investigation’ (1436) was Latin for studying a footprint (Harper). The arrival of symbolic writing scratched on caves, hearth stones, and trees (the original meaning of ‘book’ is tree), brought extremely limited text education close to home. Then, with baked clay tablets, incised boards, slate, bamboo, tortoise shell, cast metal, bark cloth, textiles, vellum, and – later – paper, a portability came to text that allowed any culture to venture away from known ‘foot’ paths with a reduction in the risk of becoming lost and perishing. So began the world of maps, memos, bills of sale, philosophic treatises and epic mythologies. Some of this was printed, such as the mechanical reproduction of coins, but the fine handwriting required of long, extended, portable texts could not be printed until the invention of paper in China about 2000 years ago. Compared to lithic architecture and genes, portable text is a fragile medium, and little survives from the millennia of its innovators. The printing of large non-text designs onto bark-paper and textiles began in neolithic times, but Sui Wen-ti’s imperial memo of 593 AD gives us the earliest written date for printed books, although we can assume they had been published for many years previously. The printed book was a combination of Indian philosophic thought, wood carving, ink chemistry and Chinese paper. The earliest surviving fragment of paper-print technology is ‘Mantras of the Dharani Sutra’, a Buddhist scripture written in the Sanskrit language of the Indian subcontinent, unearthed at an early Tang Dynasty site in Xian, China – making the fragment a veteran piece of printing, in the sense that Sanskrit books had been in print for at least a century by the early Tang Dynasty (Chinese Graphic Arts Net). At first, paper books were printed with page-size carved wooden boards. Five hundred years later, Pi Sheng (c.1041) baked individual reusable ceramic characters in a fire and invented the durable moveable type of modern printing (Silk Road 2000). Abandoning carved wooden tablets, the ‘digitizing’ of Chinese moveable type sped up the production of printed texts. In turn, Pi Sheng’s flexible, rapid, sustainable printing process expanded the political-cultural impact of the literati in Asian society. Digitized block text on paper produced a bureaucratic, literate elite so powerful in Asia that Louis XVI of France copied China’s print-based Confucian system of political authority for his own empire, and so began the rise of the examined public university systems, and the civil service systems, of most European states (Watson, Visions). By reason of its durability, its rapid mechanical reproduction, its culturally agreed signs, literate readership, revered authorship, shared ideology, and distributed portability, a ‘print’ can be a powerful cultural network which builds and expands empires. But print also attacks and destroys empires. A case in point is the Spanish conquest of Aztec America: The Aztecs had immense libraries of American literature on bark-cloth scrolls, a technology which predated paper. These libraries were wiped out by the invading Spanish, who carried a different book before them (Ewins). In the industrial age, the printing press and the gun were seen as the weapons of rebellions everywhere. In 1776, American rebels staffed their ‘Homeland Security’ units with paper makers, knowing that defeating the English would be based on printed and written documents (Hahn). Mao Zedong was a book librarian; Mao said political power came out of the barrel of a gun, but Mao himself came out of a library. With the spread of wireless networked servers, political ferment comes out of the barrel of the cell phone and the internet chat room these days. Witness the cell phone displays of a plane hitting a tower that appear immediately after 9/11 in the Middle East, or witness the show trials of a few US and UK lower ranks who published prints of their torturing activities onto the internet: only lower ranks who published prints were arrested or tried. The control of secure servers and satellites is the new press. These days, we live in a global library of burning books – ‘burning’ in the sense that ‘print’ is now a charged silicon medium (Smith, “Intel”) which is usually made readable by connecting the chip to nuclear reactors and petrochemically-fired power stations. World resources burn as we read our screens. Men, women, children burn too, as we watch our infotainment news in comfort while ‘their’ flickering dead faces are printed in our broadcast hearths. The print we watch is not the living; it is the voodoo of the living in the blackout behind the camera, engaging the blood sacrifice of the tormented and the unfortunate. Internet texts are also ‘on fire’ in the third sense of their fragility and instability as a medium: data bases regularly ‘print’ fail-safe copies in an attempt to postpone the inevitable mechanical, chemical and electrical failure that awaits all electronic media in time. Print defines a moral position for everyone. In reporting conflict, in deciding to go to press or censor, any ‘print’ cannot avoid an ethical context, starting with the fact that there is a difference in power between print maker, armed perpetrators, the weak, the peaceful, the publisher, and the viewer. So many human factors attend a text, video or voice ‘print’: its very existence as an aesthetic object, even before publication and reception, speaks of unbalanced, and therefore dynamic, power relationships. For example, Graham Greene departed unscathed from all the highly dangerous battlefields he entered as a novelist: Riot-torn Germany, London Blitz, Belgian Congo, Voodoo Haiti, Vietnam, Panama, Reagan’s Washington, and mafia Europe. His texts are peopled with the injustices of the less fortunate of the twentieth century, while he himself was a member of the fortunate (if not happy) elite, as is anyone today who has the luxury of time to read Greene’s works for pleasure. Ethically a member of London and Paris’ colonizers, Greene’s best writing still electrifies, perhaps partly because he was in the same line of fire as the victims he shared bread with. In fact, Greene hoped daily that he would escape from the dreadful conflicts he fictionalized via a body bag or an urn of ashes (see Sherry). In reading an author’s biography we have one window on the ethical dimensions of authority and print. If a print’s aesthetics are sometimes enduring, its ethical relationships are always mutable. Take the stylized logo of a running athlete: four limbs bent in a rotation of action. This dynamic icon has symbolized ‘good health’ in Hindu and Buddhist culture, from Madras to Tokyo, for thousands of years. The cross of bent limbs was borrowed for the militarized health programs of 1930s Germany, and, because of what was only a brief, recent, isolated yet monstrously horrific segment of its history in print, the bent-limbed swastika is now a vilified symbol in the West. The sign remains ‘impressed’ differently on traditional Eastern culture, and without the taint of Nazism. Dramatic prints are emotionally charged because, in depicting Homo sapiens in danger, or passionately in love, they elicit a hormonal reaction from the reader, the viewer, or the audience. The type of emotions triggered by a print vary across the whole gamut of human chemistry. A recent study of three genres of motion picture prints shows a marked differences in the hormonal responses of men compared to women when viewing a romance, an actioner, and a documentary (see Schultheiss, Wirth, and Stanton). Society is biochemically diverse in its engagement with printed culture, which raises questions about equality in the arts. Motion picture prints probably comprise around one third of internet traffic, in the form of stolen digitized movie files pirated across the globe via peer-to-peer file transfer networks (p2p), and burnt as DVD laser prints (BBC). There is also a US 40 billion dollar per annum legitimate commerce in DVD laser pressings (Grassl), which would suggest an US 80 billion per annum world total in legitimate laser disc print culture. The actively screen literate, or the ‘sliterati’ as I prefer to call them, research this world of motion picture prints via their peers, their internet information channels, their television programming, and their web forums. Most of this activity occurs outside the ambit of universities and schools. One large site of sliterate (screen literate) practice outside most schooling and official research is the net of online forums at imdb.com (International Movie Data Base). Imdb.com ‘prints’ about 25,000,000 top pages per month to client browsers. Hundreds of sliterati forums are located at imdb, including a forum for the Australian movie, Muriel’s Wedding (Hogan). Ten years after the release of Muriel’s Wedding, young people who are concerned with victimization and bullying still log on to http://us.imdb.com/title/tt0110598/board/> and put their thoughts into print: I still feel so bad for Muriel in the beginning of the movie, when the girls ‘dump’ her, and how much the poor girl cried and cried! Those girls were such biartches…I love how they got their comeuppance! bunniesormaybemidgets’s comment is typical of the current discussion. Muriel’s Wedding was a very popular film in its first cinema edition in Australia and elsewhere. About 30% of the entire over-14 Australian population went to see this photochemical polyester print in the cinemas on its first release. A decade on, the distributors printed a DVD laser disc edition. The story concerns Muriel (played by Toni Collette), the unemployed daughter of a corrupt, ‘police state’ politician. Muriel is bullied by her peers and she withdraws into a fantasy world, deluding herself that a white wedding will rescue her from the torments of her blighted life. Through theft and deceit (the modus operandi of her father) Muriel escapes to the entertainment industry and finds a ‘wicked’ girlfriend mentor. From a rebellious position of stubborn independence, Muriel plays out her fantasy. She gets her white wedding, before seeing both her father and her new married life as hollow shams which have goaded her abandoned mother to suicide. Redefining her life as a ‘game’ and assuming responsibility for her independence, Muriel turns her back on the mainstream, image-conscious, female gang of her oppressed youth. Muriel leaves the story, having rekindled her friendship with her rebel mentor. My methodological approach to viewing the laser disc print was to first make a more accessible, coded record of the entire movie. I was able to code and record the print in real time, using a new metalanguage (Watson, “Eyes”). The advantage of Coding is that ‘thinks’ the same way as film making, it does not sidetrack the analyst into prose. The Code splits the movie print into Vision Action [vision graphic elements, including text] (sound) The Coding splits the vision track into normal action and graphic elements, such as text, so this Coding is an ideal method for extracting all the text elements of a film in real time. After playing the film once, I had four and a half tightly packed pages of the coded story, including all its text elements in square brackets. Being a unique, indexed hard copy, the Coded copy allowed me immediate access to any point of the Muriel’s Wedding saga without having to search the DVD laser print. How are ‘print’ elements used in Muriel’s Wedding? Firstly, a rose-coloured monoprint of Muriel Heslop’s smiling face stares enigmatically from the plastic surface of the DVD picture disc. The print is a still photo captured from her smile as she walked down the aisle of her white wedding. In this print, Toni Collette is the Mona Lisa of Australian culture, except that fans of Muriel’s Wedding know the meaning of that smile is a magical combination of the actor’s art: the smile is both the flush of dreams come true and the frightening self deception that will kill her mother. Inserting and playing the disc, the text-dominant menu appears, and the film commences with the text-dominant opening titles. Text and titles confer a legitimacy on a work, whether it is a trade mark of the laser print owners, or the household names of stars. Text titles confer status relationships on both the presenters of the cultural artifact and the viewer who has entered into a legal license agreement with the owners of the movie. A title makes us comfortable, because the mind always seeks to name the unfamiliar, and a set of text titles does that job for us so that we can navigate the ‘tracks’ and settle into our engagement with the unfamiliar. The apparent ‘truth’ and ‘stability’ of printed text calms our fears and beguiles our uncertainties. Muriel attends the white wedding of a school bully bride, wearing a leopard print dress she has stolen. Muriel’s spotted wild animal print contrasts with the pure white handmade dress of the bride. In Muriel’s leopard textile print, we have the wild, rebellious, impoverished, inappropriate intrusion into the social ritual and fantasy of her high-status tormentor. An off-duty store detective recognizes the printed dress and calls the police. The police are themselves distinguished by their blue-and-white checked prints and other mechanically reproduced impressions of cultural symbols: in steel, brass, embroidery, leather and plastics. Muriel is driven in the police car past the stenciled town sign (‘Welcome To Porpoise Spit’ heads a paragraph of small print). She is delivered to her father, a politician who presides over the policing of his town. In a state where the judiciary, police and executive are hijacked by the same tyrant, Muriel’s father, Bill, pays off the police constables with a carton of legal drugs (beer) and Muriel must face her father’s wrath, which he proceeds to transfer to his detested wife. Like his daughter, the father also wears a spotted brown print costume, but his is a batik print from neighbouring Indonesia (incidentally, in a nation that takes the political status of its batik prints very seriously). Bill demands that Muriel find the receipt for the leopard print dress she claims she has purchased. The legitimate ownership of the object is enmeshed with a printed receipt, the printed evidence of trade. The law (and the paramilitary power behind the law) are legitimized, or contested, by the presence or absence of printed text. Muriel hides in her bedroom, surround by poster prints of the pop group ABBA. Torn-out prints of other people’s weddings adorn her mirror. Her face is embossed with the clown-like primary colours of the marionette as she lifts a bouquet to her chin and stares into the real time ‘print’ of her mirror image. Bill takes the opportunity of a business meeting with Japanese investors to feed his entire family at ‘Charlie Chan’’s restaurant. Muriel’s middle sister sloppily wears her father’s state election tee shirt, printed with the text: ‘Vote 1, Bill Heslop. You can’t stop progress.’ The text sets up two ironic gags that are paid off on the dialogue track: “He lost,’ we are told. ‘Progress’ turns out to be funding the concreting of a beach. Bill berates his daughter Muriel: she has no chance of becoming a printer’s apprentice and she has failed a typing course. Her dysfunction in printed text has been covered up by Bill: he has bribed the typing teacher to issue a printed diploma to his daughter. In the gambling saloon of the club, under the arrays of mechanically repeated cultural symbols lit above the poker machines (‘A’ for ace, ‘Q’ for queen, etc.), Bill’s secret girlfriend Diedre risks giving Muriel a cosmetics job. Another text icon in lights announces the surf nightclub ‘Breakers’. Tania, the newly married queen bitch who has made Muriel’s teenage years a living hell, breaks up with her husband, deciding to cash in his negotiable text documents – his Bali honeymoon tickets – and go on an island holiday with her girlfriends instead. Text documents are the enduring site of agreements between people and also the site of mutations to those agreements. Tania dumps Muriel, who sobs and sobs. Sobs are a mechanical, percussive reproduction impressed on the sound track. Returning home, we discover that Muriel’s older brother has failed a printed test and been rejected for police recruitment. There is a high incidence of print illiteracy in the Heslop family. Mrs Heslop (Jeannie Drynan), for instance, regularly has trouble at the post office. Muriel sees a chance to escape the oppression of her family by tricking her mother into giving her a blank cheque. Here is the confluence of the legitimacy of a bank’s printed negotiable document with the risk and freedom of a blank space for rebel Muriel’s handwriting. Unable to type, her handwriting has the power to steal every cent of her father’s savings. She leaves home and spends the family’s savings at an island resort. On the island, the text print-challenged Muriel dances to a recording (sound print) of ABBA, her hand gestures emphasizing her bewigged face, which is made up in an impression of her pop idol. Her imitation of her goddesses – the ABBA women, her only hope in a real world of people who hate or avoid her – is accompanied by her goddesses’ voices singing: ‘the mystery book on the shelf is always repeating itself.’ Before jpeg and gif image downloads, we had postcard prints and snail mail. Muriel sends a postcard to her family, lying about her ‘success’ in the cosmetics business. The printed missal is clutched by her father Bill (Bill Hunter), who proclaims about his daughter, ‘you can’t type but you really impress me’. Meanwhile, on Hibiscus Island, Muriel lies under a moonlit palm tree with her newly found mentor, ‘bad girl’ Ronda (Rachel Griffiths). In this critical scene, where foolish Muriel opens her heart’s yearnings to a confidante she can finally trust, the director and DP have chosen to shoot a flat, high contrast blue filtered image. The visual result is very much like the semiabstract Japanese Ukiyo-e woodblock prints by Utamaro. This Japanese printing style informed the rise of European modern painting (Monet, Van Gogh, Picasso, etc., were all important collectors and students of Ukiyo-e prints). The above print and text elements in Muriel’s Wedding take us 27 minutes into her story, as recorded on a single page of real-time handwritten Coding. Although not discussed here, the Coding recorded the complete film – a total of 106 minutes of text elements and main graphic elements – as four pages of Code. Referring to this Coding some weeks after it was made, I looked up the final code on page four: taxi [food of the sea] bq. Translation: a shop sign whizzes past in the film’s background, as Muriel and Ronda leave Porpoise Spit in a taxi. Over their heads the text ‘Food Of The Sea’ flashes. We are reminded that Muriel and Ronda are mermaids, fantastic creatures sprung from the brow of author PJ Hogan, and illuminated even today in the pantheon of women’s coming-of-age art works. That the movie is relevant ten years on is evidenced by the current usage of the Muriel’s Wedding online forum, an intersection of wider discussions by sliterate women on imdb.com who, like Muriel, are observers (and in some cases victims) of horrific pressure from ambitious female gangs and bullies. Text is always a minor element in a motion picture (unless it is a subtitled foreign film) and text usually whizzes by subliminally while viewing a film. By Coding the work for [text], all the text nuances made by the film makers come to light. While I have viewed Muriel’s Wedding on many occasions, it has only been in Coding it specifically for text that I have noticed that Muriel is a representative of that vast class of talented youth who are discriminated against by print (as in text) educators who cannot offer her a life-affirming identity in the English classroom. Severely depressed at school, and failing to type or get a printer’s apprenticeship, Muriel finds paid work (and hence, freedom, life, identity, independence) working in her audio visual printed medium of choice: a video store in a new city. Muriel found a sliterate admirer at the video store but she later dumped him for her fantasy man, before leaving him too. One of the points of conjecture on the imdb Muriel’s Wedding site is, did Muriel (in the unwritten future) get back together with admirer Brice Nobes? That we will never know. While a print forms a track that tells us where culture has been, a print cannot be the future, a print is never animate reality. At the end of any trail of prints, one must lift one’s head from the last impression, and negotiate satisfaction in the happening world. References Australian Broadcasting Corporation. “Memo Shows US General Approved Interrogations.” 30 Mar. 2005 http://www.abc.net.au>. 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