Academic literature on the topic 'Women Legal status, laws, etc. South Australia'

The term “coffee palace” was primarily used in Australia to describe the temperance hotels that were built in the last decades of the 19th century, although there are references to the term also being used to a lesser extent in the United Kingdom (Denby 174). Built in response to the worldwide temperance movement, which reached its pinnacle in the 1880s in Australia, coffee palaces were hotels that did not serve alcohol. This was a unique time in Australia’s architectural development as the economic boom fuelled by the gold rush in the 1850s, and the demand for ostentatious display that gathered momentum during the following years, afforded the use of richly ornamental High Victorian architecture and resulted in very majestic structures; hence the term “palace” (Freeland 121). The often multi-storied coffee palaces were found in every capital city as well as regional areas such as Geelong and Broken Hill, and locales as remote as Maria Island on the east coast of Tasmania. Presented as upholding family values and discouraging drunkenness, the coffee palaces were most popular in seaside resorts such as Barwon Heads in Victoria, where they catered to families. Coffee palaces were also constructed on a grand scale to provide accommodation for international and interstate visitors attending the international exhibitions held in Sydney (1879) and Melbourne (1880 and 1888). While the temperance movement lasted well over 100 years, the life of coffee palaces was relatively short-lived. Nevertheless, coffee palaces were very much part of Australia’s cultural landscape. In this article, I examine the rise and demise of coffee palaces associated with the temperance movement and argue that coffee palaces established in the name of abstinence were modelled on the coffee houses that spread throughout Europe and North America in the 17th and 18th centuries during the Enlightenment—a time when the human mind could be said to have been liberated from inebriation and the dogmatic state of ignorance. The Temperance Movement At a time when newspapers are full of lurid stories about binge-drinking and the alleged ill-effects of the liberalisation of licensing laws, as well as concerns over the growing trend of marketing easy-to-drink products (such as the so-called “alcopops”) to teenagers, it is difficult to think of a period when the total suppression of the alcohol trade was seriously debated in Australia. The cause of temperance has almost completely vanished from view, yet for well over a century—from 1830 to the outbreak of the Second World War—the control or even total abolition of the liquor trade was a major political issue—one that split the country, brought thousands onto the streets in demonstrations, and influenced the outcome of elections. Between 1911 and 1925 referenda to either limit or prohibit the sale of alcohol were held in most States. While moves to bring about abolition failed, Fitzgerald notes that almost one in three Australian voters expressed their support for prohibition of alcohol in their State (145). Today, the temperance movement’s platform has largely been forgotten, killed off by the practical example of the United States, where prohibition of the legal sale of alcohol served only to hand control of the liquor traffic to organised crime. Coffee Houses and the Enlightenment Although tea has long been considered the beverage of sobriety, it was coffee that came to be regarded as the very antithesis of alcohol. When the first coffee house opened in London in the early 1650s, customers were bewildered by this strange new drink from the Middle East—hot, bitter, and black as soot. But those who tried coffee were, reports Ellis, soon won over, and coffee houses were opened across London, Oxford, and Cambridge and, in the following decades, Europe and North America. Tea, equally exotic, entered the English market slightly later than coffee (in 1664), but was more expensive and remained a rarity long after coffee had become ubiquitous in London (Ellis 123-24). The impact of the introduction of coffee into Europe during the seventeenth century was particularly noticeable since the most common beverages of the time, even at breakfast, were weak “small beer” and wine. Both were safer to drink than water, which was liable to be contaminated. Coffee, like beer, was made using boiled water and, therefore, provided a new and safe alternative to alcoholic drinks. There was also the added benefit that those who drank coffee instead of alcohol began the day alert rather than mildly inebriated (Standage 135). It was also thought that coffee had a stimulating effect upon the “nervous system,” so much so that the French called coffee une boisson intellectuelle (an intellectual beverage), because of its stimulating effect on the brain (Muskett 71). In Oxford, the British called their coffee houses “penny universities,” a penny then being the price of a cup of coffee (Standage 158). Coffee houses were, moreover, more than places that sold coffee. Unlike other institutions of the period, rank and birth had no place (Ellis 59). The coffee house became the centre of urban life, creating a distinctive social culture by treating all customers as equals. Egalitarianism, however, did not extend to women—at least not in London. Around its egalitarian (but male) tables, merchants discussed and conducted business, writers and poets held discussions, scientists demonstrated experiments, and philosophers deliberated ideas and reforms. For the price of a cup (or “dish” as it was then known) of coffee, a man could read the latest pamphlets and newsletters, chat with other patrons, strike business deals, keep up with the latest political gossip, find out what other people thought of a new book, or take part in literary or philosophical discussions. Like today’s Internet, Twitter, and Facebook, Europe’s coffee houses functioned as an information network where ideas circulated and spread from coffee house to coffee house. In this way, drinking coffee in the coffee house became a metaphor for people getting together to share ideas in a sober environment, a concept that remains today. According to Standage, this information network fuelled the Enlightenment (133), prompting an explosion of creativity. Coffee houses provided an entirely new environment for political, financial, scientific, and literary change, as people gathered, discussed, and debated issues within their walls. Entrepreneurs and scientists teamed up to form companies to exploit new inventions and discoveries in manufacturing and mining, paving the way for the Industrial Revolution (Standage 163). The stock market and insurance companies also had their birth in the coffee house. As a result, coffee was seen to be the epitome of modernity and progress and, as such, was the ideal beverage for the Age of Reason. By the 19th century, however, the era of coffee houses had passed. Most of them had evolved into exclusive men’s clubs, each geared towards a certain segment of society. Tea was now more affordable and fashionable, and teahouses, which drew clientele from both sexes, began to grow in popularity. Tea, however, had always been Australia’s most popular non-alcoholic drink. Tea (and coffee) along with other alien plants had been part of the cargo unloaded onto Australian shores with the First Fleet in 1788. Coffee, mainly from Brazil and Jamaica, remained a constant import but was taxed more heavily than tea and was, therefore, more expensive. Furthermore, tea was much easier to make than coffee. To brew tea, all that is needed is to add boiling water, coffee, in contrast, required roasting, grinding and brewing. According to Symons, until the 1930s, Australians were the largest consumers of tea in the world (19). In spite of this, and as coffee, since its introduction into Europe, was regarded as the antidote to alcohol, the temperance movement established coffee palaces. In the early 1870s in Britain, the temperance movement had revived the coffee house to provide an alternative to the gin taverns that were so attractive to the working classes of the Industrial Age (Clarke 5). Unlike the earlier coffee house, this revived incarnation provided accommodation and was open to men, women and children. “Cheap and wholesome food,” was available as well as reading rooms supplied with newspapers and periodicals, and games and smoking rooms (Clarke 20). In Australia, coffee palaces did not seek the working classes, as clientele: at least in the cities they were largely for the nouveau riche. Coffee Palaces The discovery of gold in 1851 changed the direction of the Australian economy. An investment boom followed, with an influx of foreign funds and English banks lending freely to colonial speculators. By the 1880s, the manufacturing and construction sectors of the economy boomed and land prices were highly inflated. Governments shared in the wealth and ploughed money into urban infrastructure, particularly railways. Spurred on by these positive economic conditions and the newly extended inter-colonial rail network, international exhibitions were held in both Sydney and Melbourne. To celebrate modern technology and design in an industrial age, international exhibitions were phenomena that had spread throughout Europe and much of the world from the mid-19th century. According to Davison, exhibitions were “integral to the culture of nineteenth century industrialising societies” (158). In particular, these exhibitions provided the colonies with an opportunity to demonstrate to the world their economic power and achievements in the sciences, the arts and education, as well as to promote their commerce and industry. Massive purpose-built buildings were constructed to house the exhibition halls. In Sydney, the Garden Palace was erected in the Botanic Gardens for the 1879 Exhibition (it burnt down in 1882). In Melbourne, the Royal Exhibition Building, now a World Heritage site, was built in the Carlton Gardens for the 1880 Exhibition and extended for the 1888 Centennial Exhibition. Accommodation was required for the some one million interstate and international visitors who were to pass through the gates of the Garden Palace in Sydney. To meet this need, the temperance movement, keen to provide alternative accommodation to licensed hotels, backed the establishment of Sydney’s coffee palaces. The Sydney Coffee Palace Hotel Company was formed in 1878 to operate and manage a number of coffee palaces constructed during the 1870s. These were designed to compete with hotels by “offering all the ordinary advantages of those establishments without the allurements of the drink” (Murdoch). Coffee palaces were much more than ordinary hotels—they were often multi-purpose or mixed-use buildings that included a large number of rooms for accommodation as well as ballrooms and other leisure facilities to attract people away from pubs. As the Australian Town and Country Journal reveals, their services included the supply of affordable, wholesome food, either in the form of regular meals or occasional refreshments, cooked in kitchens fitted with the latest in culinary accoutrements. These “culinary temples” also provided smoking rooms, chess and billiard rooms, and rooms where people could read books, periodicals and all the local and national papers for free (121). Similar to the coffee houses of the Enlightenment, the coffee palaces brought businessmen, artists, writers, engineers, and scientists attending the exhibitions together to eat and drink (non-alcoholic), socialise and conduct business. The Johnson’s Temperance Coffee Palace located in York Street in Sydney produced a practical guide for potential investors and businessmen titled International Exhibition Visitors Pocket Guide to Sydney. It included information on the location of government departments, educational institutions, hospitals, charitable organisations, and embassies, as well as a list of the tariffs on goods from food to opium (1–17). Women, particularly the Woman’s Christian Temperance Union (WCTU) were a formidable force in the temperance movement (intemperance was generally regarded as a male problem and, more specifically, a husband problem). Murdoch argues, however, that much of the success of the push to establish coffee palaces was due to male politicians with business interests, such as the one-time Victorian premiere James Munro. Considered a stern, moral church-going leader, Munro expanded the temperance movement into a fanatical force with extraordinary power, which is perhaps why the temperance movement had its greatest following in Victoria (Murdoch). Several prestigious hotels were constructed to provide accommodation for visitors to the international exhibitions in Melbourne. Munro was responsible for building many of the city’s coffee palaces, including the Victoria (1880) and the Federal Coffee Palace (1888) in Collins Street. After establishing the Grand Coffee Palace Company, Munro took over the Grand Hotel (now the Windsor) in 1886. Munro expanded the hotel to accommodate some of the two million visitors who were to attend the Centenary Exhibition, renamed it the Grand Coffee Palace, and ceremoniously burnt its liquor licence at the official opening (Murdoch). By 1888 there were more than 50 coffee palaces in the city of Melbourne alone and Munro held thousands of shares in coffee palaces, including those in Geelong and Broken Hill. With its opening planned to commemorate the centenary of the founding of Australia and the 1888 International Exhibition, the construction of the Federal Coffee Palace, one of the largest hotels in Australia, was perhaps the greatest monument to the temperance movement. Designed in the French Renaissance style, the façade was embellished with statues, griffins and Venus in a chariot drawn by four seahorses. The building was crowned with an iron-framed domed tower. New passenger elevators—first demonstrated at the Sydney Exhibition—allowed the building to soar to seven storeys. According to the Federal Coffee Palace Visitor’s Guide, which was presented to every visitor, there were three lifts for passengers and others for luggage. Bedrooms were located on the top five floors, while the stately ground and first floors contained majestic dining, lounge, sitting, smoking, writing, and billiard rooms. There were electric service bells, gaslights, and kitchens “fitted with the most approved inventions for aiding proficients [sic] in the culinary arts,” while the luxury brand Pears soap was used in the lavatories and bathrooms (16–17). In 1891, a spectacular financial crash brought the economic boom to an abrupt end. The British economy was in crisis and to meet the predicament, English banks withdrew their funds in Australia. There was a wholesale collapse of building companies, mortgage banks and other financial institutions during 1891 and 1892 and much of the banking system was halted during 1893 (Attard). Meanwhile, however, while the eastern States were in the economic doldrums, gold was discovered in 1892 at Coolgardie and Kalgoorlie in Western Australia and, within two years, the west of the continent was transformed. As gold poured back to the capital city of Perth, the long dormant settlement hurriedly caught up and began to emulate the rest of Australia, including the construction of ornately detailed coffee palaces (Freeman 130). By 1904, Perth had 20 coffee palaces. When the No. 2 Coffee Palace opened in Pitt Street, Sydney, in 1880, the Australian Town and Country Journal reported that coffee palaces were “not only fashionable, but appear to have acquired a permanent footing in Sydney” (121). The coffee palace era, however, was relatively short-lived. Driven more by reformist and economic zeal than by good business sense, many were in financial trouble when the 1890’s Depression hit. Leading figures in the temperance movement were also involved in land speculation and building societies and when these schemes collapsed, many, including Munro, were financially ruined. Many of the palaces closed or were forced to apply for liquor licences in order to stay afloat. Others developed another life after the temperance movement’s influence waned and the coffee palace fad faded, and many were later demolished to make way for more modern buildings. The Federal was licensed in 1923 and traded as the Federal Hotel until its demolition in 1973. The Victoria, however, did not succumb to a liquor licence until 1967. The Sydney Coffee Palace in Woolloomooloo became the Sydney Eye Hospital and, more recently, smart apartments. Some fine examples still survive as reminders of Australia’s social and cultural heritage. The Windsor in Melbourne’s Spring Street and the Broken Hill Hotel, a massive three-story iconic pub in the outback now called simply “The Palace,” are some examples. Tea remained the beverage of choice in Australia until the 1950s when the lifting of government controls on the importation of coffee and the influence of American foodways coincided with the arrival of espresso-loving immigrants. As Australians were introduced to the espresso machine, the short black, the cappuccino, and the café latte and (reminiscent of the Enlightenment), the post-war malaise was shed in favour of the energy and vigour of modernist thought and creativity, fuelled in at least a small part by caffeine and the emergent café culture (Teffer). Although the temperance movement’s attempt to provide an alternative to the ubiquitous pubs failed, coffee has now outstripped the consumption of tea and today’s café culture ensures that wherever coffee is consumed, there is the possibility of a continuation of the Enlightenment’s lively discussions, exchange of news, and dissemination of ideas and information in a sober environment. References Attard, Bernard. “The Economic History of Australia from 1788: An Introduction.” EH.net Encyclopedia. 5 Feb. (2012) ‹http://eh.net/encyclopedia/article/attard.australia›. Blainey, Anna. “The Prohibition and Total Abstinence Movement in Australia 1880–1910.” Food, Power and Community: Essays in the History of Food and Drink. Ed. Robert Dare. Adelaide: Wakefield Press, 1999. 142–52. Boyce, Francis Bertie. “Shall I Vote for No License?” An address delivered at the Convention of the Parramatta Branch of New South Wales Alliance, 3 September 1906. 3rd ed. Parramatta: New South Wales Alliance, 1907. Clarke, James Freeman. Coffee Houses and Coffee Palaces in England. Boston: George H. Ellis, 1882. “Coffee Palace, No. 2.” Australian Town and Country Journal. 17 Jul. 1880: 121. Davison, Graeme. “Festivals of Nationhood: The International Exhibitions.” Australian Cultural History. Eds. S. L. Goldberg and F. B. Smith. Cambridge: Cambridge UP, 1989. 158–77. Denby, Elaine. Grand Hotels: Reality and Illusion. London: Reaktion Books, 2002. Ellis, Markman. The Coffee House: A Cultural History. London: Weidenfeld & Nicolson, 2004. Federal Coffee Palace. The Federal Coffee Palace Visitors’ Guide to Melbourne, Its Suburbs, and Other Parts of the Colony of Victoria: Views of the Principal Public and Commercial Buildings in Melbourne, With a Bird’s Eye View of the City; and History of the Melbourne International Exhibition of 1880, etc. Melbourne: Federal Coffee House Company, 1888. Fitzgerald, Ross, and Trevor Jordan. Under the Influence: A History of Alcohol in Australia. Sydney: Harper Collins, 2009. Freeland, John. The Australian Pub. Melbourne: Sun Books, 1977. Johnson’s Temperance Coffee Palace. International Exhibition Visitors Pocket Guide to Sydney, Restaurant and Temperance Hotel. Sydney: Johnson’s Temperance Coffee Palace, 1879. Mitchell, Ann M. “Munro, James (1832–1908).” Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National U, 2006-12. 5 Feb. 2012 ‹http://adb.anu.edu.au/biography/munro-james-4271/text6905›. Murdoch, Sally. “Coffee Palaces.” Encyclopaedia of Melbourne. Eds. Andrew Brown-May and Shurlee Swain. 5 Feb. 2012 ‹http://www.emelbourne.net.au/biogs/EM00371b.htm›. Muskett, Philip E. The Art of Living in Australia. New South Wales: Kangaroo Press, 1987. Standage, Tom. A History of the World in 6 Glasses. New York: Walker & Company, 2005. Sydney Coffee Palace Hotel Company Limited. Memorandum of Association of the Sydney Coffee Palace Hotel Company, Ltd. Sydney: Samuel Edward Lees, 1879. Symons, Michael. One Continuous Picnic: A Gastronomic History of Australia. Melbourne: Melbourne UP, 2007. Teffer, Nicola. Coffee Customs. Exhibition Catalogue. Sydney: Customs House, 2005.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References ABC. “A Jihad for Love.” Life Matters (Radio National), 21 Feb. 2008. 11 March 2008. < http://www.abc.net.au/rn/lifematters/stories/2008/2167874.htm >.Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40.Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 < http://journal.media-culture.org.au/0804/08aly-green.php >.Aly, Anne, and David Walker. “Veiled Threats: Recurrent Anxieties in Australia.” Journal of Muslim Minority Affairs 27.2 (2007): 203-14.Brasted, Howard.V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000.” Muslim Communities in Australia. Eds. Abdullah Saeed and Akbarzadeh, Shahram. Sydney: University of New South Wales Press, 2001. 206-28.Brown, Chris. “Narratives of Religion, Civilization and Modernity.” Worlds in Collision: Terror and the Future of Global Order. Eds. Ken Booth and Tim Dunne. New York: Palgrave Macmillan, 2002. 293-324. Buckley, Anisa. “Should We Allow Sharia Law?” Sunday Herald Sun 10 Feb. 2008. 8 March 2008 < http://www.news.com.au/heraldsun/story/0,21985,231869735000117,00.html >.Bush, George. W. “President Outlines War Effort: Remarks by the President at the California Business Association Breakfast.” California Business Association 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/10/20011017-15.html >.———. “Statement by the President in His Address to the Nation”. Washington, 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/09/20010911-16.html >.Charney, Evan. “Political Liberalism, Deliberative Democracy, and the Public Sphere.” The American Political Science Review 92.1 (1998): 97- 111.Costello, Peter. “Worth Promoting, Worth Defending: Australian Citizenship, What It Means and How to Nurture It.” Address to the Sydney Institute, 23 February 2006. 24 Apr. 2008 < http://www.treasurer.gov.au/DisplayDocs.aspx?doc=speeches/2006/004.htm &pageID=05&min=phc&Year=2006&DocType=1 >.Dallmayr, Fred. “Rethinking Secularism.” The Review of Politics 61.4 (1999): 715-36.Erjavec, Karmen, and Zala Volcic. “‘War on Terrorism’ as Discursive Battleground: Serbian Recontextualisation of G. W. Bush’s Discourse.” Discourse and Society 18 (2007): 123- 37.Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1-14.Herald Sun. “Readers’ Comments: Should We Allow Sharia Law?” Herald Sun Online Feb. 2008. 8 March 2008. < http://www.news.com.au/heraldsun/comments/0,22023,23186973-5000117,00.html >.Humphries, David. “Live Here, Be Australian.” The Sydney Morning Herald 25 Feb. 2006, 1 ed.Hutcheson, John S., David Domke, Andre Billeaudeaux, and Philip Garland. “U.S. National Identity, Political Elites, and Patriotic Press Following September 11.” Political Communication 21.1 (2004): 27-50.Kymlicka, Will. “Liberal Individualism and Liberal Neutrality.” Ethics 99.4 (1989): 883-905.Modood, Tariq. “Establishment, Multiculturalism and British Citizenship.” The Political Quarterly (1994): 53-74.Osuri, Goldie, and Subhabrata B. Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151- 71.Rawls, John. A Theory of Justice. Cambridge: Harvard UP, 1971.Said, Edward. Orientalism. New York: Vintage Books 1978.Western Australian Charter of Multiculturalism. WA: Government of Western Australia, Nov. 2004. 11 March 2008 < http://www.equalopportunity.wa.gov.au/pdf/wa_charter_multiculturalism.pdf >.Yousif, Ahmad. “Islam, Minorities and Religious Freedom: A Challenge to Modern Theory of Pluralism.” Journal of Muslim Minority Affairs 20.1 (2000): 30-43.

"Self-Reliance" is an 1841 essay written by American transcendentalist philosopher and essayist Ralph Waldo Emerson. It contains the most thorough statement of one of Emerson's recurrent themes: the need for each individual to avoid conformity and false consistency, and follow his own instincts and ideas. . The debate surrounding the self reliance will be meaningless if issues related to women in a large country like India will not only be inappropriate but sometimes even misleading. Women specific and women related legislations have been enacted to safeguard the rights and interest of women, besides protecting against discrimination, violence, and atrocities and also to prevent socially undesirable practices. Despite the constitutional mandate of equal legal status for the girl child, the same is yet to be realized. The de jure laws have not been translated into de facto situation for various reasons such as illiteracy, social practices, prejudices, cultural norms based on patriarchal values, poor representation of women in policy-making, poverty, regional disparity in development, lack of access and opportunity to information and resources etc. According to the Uttar Pradesh Govt. sources, female life expectancy is less than 55 years and the under-five mortality rate is as high as 141 per thousand. Australia was the first country to develop a gender-sensitive budget, with the Federal government publishing in 1984 the first comprehensive audit of a government budget for its impact on women and girls. Empowerment of women is essentially the process of upliftment of economic, social and political status of women, the traditionally underprivileged ones, in the society. It involves the building up of a society wherein in women can breathe without the fear of oppression, exploitation, apprehension, discrimination and the general feeling of persecution which goes with being a woman in a traditionally male dominated structure. One major therapy prescribed by woman empowerment advocates is empowering women through legislation for ensuring participation in political decision making. Such an approach provides the women with a constitutional platform to stand up to men, to raise their voice on issues concerning women oppression, subjugation and related issues and thus in effect, providing them with an identity in an orthodox male dominated socio-political set up, in addition to providing a much needed forum to seek redressal of problems directly affecting them: the true essence of empowerment. The present paper attempts to look into the dynamism of the process whereby women empowerment is achieved (?) through legislation or women participation in the Panchayati Raj Institution. KEYWORDS: Self Reliance, Gender Bugdeting, Women empowerment, Panchayati Raj Institutions.

Illegitimacy is a multifaceted concept, powerful because it has the ability to define both itself and its antithesis; what it is not. The first three definitions of the word “illegitimate” in the Oxford English Dictionary – to use an illegitimate academic source – begin with that negative: “illegitimate” is “not legitimate’, ‘not in accordance with or authorised by law”, “not born in lawful wedlock”. In fact, the OED offers eight different usages of the term “illegitimate”, all of which rely on the negation or absence of the legitimate counterpart to provide a definition. In other words, something can only be illegitimate in the sense of being outside the law, if a law exists. A child can only be considered illegitimate, “not born in lawful wedlock” if the concept of “lawful wedlock” exists.Not only individual but national identity can be constructed by defining what – or who – has a legitimate reason to be a part of that collective identity, and who does not. The extent to which the early years of Australian colonial history was defined by its punitive function can be mapped by an early usage of the term “illegitimate” as a means of defining the free settlers of Australia. In an odd reversal of conventional associations of “illegitimate”, the “illegitimates” of Australia were not convicts. They were people who had not been sent there for legitimate – (legal) reasons and who therefore did not fit into the depiction of Australia as a penal colony. The definition invites us to consider the relationship between Australia and Britain in those early years, when Australia provided Britain with a means of constructing itself as a “legitimate” society by functioning as a location where undesirable elements could be identified and excluded. The “illegitimates” of Australia challenged Australia’s function of rendering Britain a “legitimate” society. As a sense of what is “illegitimate” in a particular context is codified and disseminated, a corresponding sense of what is “legitimate” is also created, whether in the context of the family, the law, academia, or the nation. As individuals and groups label and marginalise what is considered unwanted, dangerous, superfluous or in other ways unsatisfactory in a society, the norms that are implicitly accepted become visible. Rather as the medical practice of diagnosis by exclusion enables a particular condition to be identified because other potential conditions have been ruled out, attempts to “rule out” forms of procreation, immigration, physical types, even forms of performance as illegitimate enable a legitimate counterpart to be formed and identified. Borrowing a thought from Tolstoy’s Anna Karenina, legitimates are all alike and formed within the rules; the illegitimates are illegitimate in a variety of ways. The OED lists “illegitimate” as a noun or adjective; the word’s primary function is to define a status or to describe something. Less commonly, it can be used as a verb; to “illegitimate” someone is to bastardise them, to render them no longer legitimate, to confer and confirm their illegitimate status. Although this has most commonly been used in terms of a change in parents’ marital status (for example Queen Elizabeth I of England was bastardised by having her parents’ marriage declared invalid; as had been also the case with her older half-sister, Mary) illegitimisation as a means of marginalising and excluding continues. In October 2014, Australian Immigration Minister Scott Morrison introduced legislation designed to retrospectively declare that children born in Australia to parents that have been designated “unlawful maritime arrivals” should inherit that marginalised status (Mosendz, Brooke). The denial of “birthright citizenship”, as it is sometimes called, to these infants illegitimises them in terms of their nationality, cutting them away from the national “family”. Likewise the calls to remove Australian nationality from individuals engaging in prohibited terrorist activities uses a strategy of illegitimisation to exclude them from the Australian community. No longer Australian, such people become “national bastards”.The punitive elements associated with illegitimacy are not the only part of the story, however. Rather than being simply a one-way process of identification and exclusion, the illegitimate can also be a vital source of generating new forms of cultural production. The bastard has a way of pushing back, resisting efforts at marginalisation. The papers in this issue of M/C consider the multifarious ways in which the illegitimate refuses to conform to its normative role of defining and obeying boundaries, fighting back from where it has been placed as being beyond the law. As previously mentioned, the OED lists eight possible usages of “illegitimate”. Serendipitously, the contributions to this issue of M/C address each one of them, in different ways. The feature article for this issue, by Katie Ellis, addresses the illegitimisation inherent in how we perceive disability. With a profusion of bastards to choose from in the Game of Thrones narratives, Ellis has chosen to focus on the elements of physical abnormality that confer illegitimate status. From the other characters’ treatment of the dwarf Tyrion Lannister, and other disabled figures within the story, Ellis is able to explore the marginalisation of disability, both as depicted by George R. R. Martin and experienced within the contemporary Australian community. Several contributions address the concept of the illegitimate from its meaning of outside the law, unauthorised or unwarranted. Anne Aly’s paper “Illegitimate: When Moderate Muslims Speak Out” sensitively addresses the illegitimate position to which many Muslims in Australia feel themselves relegated. As she argues, attempting to avoid being regarded as “apologists for Islam” yet simultaneously expected to act as a unifying voice for what is in fact a highly fragmented cultural mix, places such individuals in an insupportable, “illegitimate” position. Anne Aly also joins Lelia Green in exploring the rhetorical strategies used by various Australian governments to illegitimate specific cohorts of would-be Australian migrants. “Bastard immigrants: asylum seekers who arrive by boat and the illegitimate fear of the other” discusses attempts to designate certain asylum seekers as illegitimate intruders into the national family of Australia in the context of the ending of the White Australia policy and the growth of multicultural Australia. Both papers highlight the punitive impact of illegitimisation on particular segments of society and invite recognition of the unlawfulness, or illegitimacy, of the processes themselves that have been used to create such illegitimacy.Illegitimate processes and incorrect inferences, and the illegitimisation of an organisation through media representation which ignores a range of legitimate perspectives are the subject of Ashley Donkin’s work on the National School Chaplaincy and Student Welfare Program (NSCSWP). As Donkin notes, this has been a highly controversial topic in Australia, and her research identifies the inadequacies and prejudices that, she argues, contributed to an illegitimate representation of the programme in the Australian media. Without arguing for or against the NSCSWP, Donkin’s research exposes the extent of prejudiced reporting in the Australian media and its capacity to illegitimise programmes (or, indeed, individuals). Interesting here, and not entirely irrelevant (although not directly addressed in Donkin’s paper), is the notion of prejudice as being an opinion formed or promulgated prior to considering the equitable, just or judicial/judged position. Analogous to the way in which the illegitimate is outside the law, the prejudiced only falls within the law through luck, rather than judgement, since ill-advised opinion has guided its formation. Helen Vella Bonavita explores why illegitimacy is perceived as evil or threatening, looking to anthropologists Mary Douglas and Edmund Leach. Using Shakespeare’s Henry V as a case study, Vella Bonavita argues that illegitimacy is one of the preeminent metaphors used in literature and in current political discourses to articulate fears of loss of national as well as personal identity. As Vella Bonavita notes, as well as being a pollutant that the centre attempts to cast to the margins, the illegitimate can also be a potent threat, a powerful figure occupying an undeniable position, threatening the overturning of the established order. The OED’s definition of illegitimate as “one whose position is viewed in some way as illegitimate” is the perspective taken by Crystal Abidin and Herawaty Abbas. In her work “I also Melayu OK”, Abidin explores the difficult world of the bi-racial person in multi-ethnic Singapore. Through a series of interviews, Abbas describes the strategies by which individuals, particularly Malay-Chinese individuals, emphasise or de-emphasise particular linguistic or cultural behaviours in order to overcome their ambivalent cultural position and construct their own desired socially legitimate identity. Abidin’s positive perspective nonetheless evokes its shadow side, the spectre of the anti-miscegenation laws of a range of racist times and societies (but particularly Apartheid South Africa), and those societies’ attempts to outlaw any legitimisation of relationships, and children, that the law-makers wished to prohibit. The paper also resonates with the experience of relationships across sectarian divides and the parlous circumstances of Protestant –Catholic marriages and families during the 1970s in the north of Ireland, or of previously-acceptable Serbo-Croatian unions during the disintegration of the former Socialist Federal Republic of Yugoslavia in the 1990s. Herawaty Abbas and Brooke Collins-Gearing reflect on the process of academic self-determination and self-construction in “Dancing with an illegitimate feminism: a female Buginese scholar's voice in Australian Academia”. Abbas and Collins-Gearing address the research journey from the point of view of a female Buginese PhD candidate and an Indigenous Australian supervisor. With both candidate and supervisor coming from traditionally marginalised backgrounds in the context of Western academia, Abbas and Collins-Gearing chart a story of empowerment, of finding a new legitimacy in dialogue with conventional academic norms rather than conforming to them. Three contributions address the illegitimate in the context of the illegitimate child, moving from traditional associations of shame and unmarried pregnancy, to two creative pieces which, like Abidin, Abbas and Collins-Gearing, chart the transformative process that re-constructs the illegitimate space into an opportunity to form a new identity and the acceptance, and even embrace, of the previously de-legitimising authorities. Gardiner’s work, “It is almost as if there were a written script: child murder, concealment of birth and the unmarried mother in Western Australia” references two women whose stories, although situated almost two hundred years apart in time, follow a similarly-structured tale of pregnancy, shame and infant death. Kim Coull and Sue Bond in “Secret Fatalities and Liminalities” and “Heavy Baggage and the Adoptee” respectively, provide their own stories of illuminative engagement with an illegitimate position and the process of self-fashioning, while also revisiting the argument of the illegitimate as the liminal, a perspective previously advanced by Vella Bonavita’s piece. The creative potential of the illegitimate condition is the focus of the final three pieces of this issue. Bruno Starrs’s “Hyperlinking History and the Illegitimate Imagination” discusses forms of creative writing only made possible by the new media. Historic metafiction, the phrase coined by Linda Hutcheon to reflect the practice of inserting fictional characters into historical situations, is hardly a new phenomenon, but Starrs notes how the possibilities offered by e-publishing enable the creation of a new level of metafiction. Hyperlinks to external sources enable the author to engage the reader in viewing the book both as a work of fiction and as self-conscious commentary on its own fictionality. Renata Morais’ work on different media terminologies in “I say nanomedia, You say nano-media: il/legitimacy, interdisciplinarity and the anthropocene” also considers the creative possibilities engendered by interdisciplinary connections between science and culture. Her choice of the word “anthropocene,” denoting the geological period when humanity began to have a significant impact on the world’s ecosystems, itself reflects the process whereby an idea that began in the margins gains force and legitimacy. From an informal and descriptive term, the International Commission on Stratigraphy have recently formed a working group to investigate whether the “Anthropocene” should be formally adopted as the name for the new epoch (Sample).The final piece in this issue, Katie Lavers’ “Illegitimate Circus”, again traces the evolution of a theatrical form, satisfyingly returning in spirit if not in the written word to some of the experiences imagined by George R. R. Martin for his character Tyrion Lannister. “Illegitimate drama” was originally theatre which relied more on spectacle than on literary quality, according to the OED. Looking at the evolution of modern circus from Astley’s Amphitheatre through to the Cirque du Soleil spectaculars, Lavers’ article demonstrates that the relationship between legitimate and illegitimate is not one whereby the illegitimate conforms to the norms of the legitimate and thereby becomes legitimate itself, but rather where the initial space created by the designation of illegitimate offers the opportunity for a new form of art. Like Starrs’ hyperlinked fiction, or the illegitimate narrators of Coull or Bond’s work, the illegitimate art form does not need to reject those elements that originally constituted it as “illegitimate” in order to win approval or establish itself. The “illegitimate”, then, is not a fixed condition. Rather, it is a status defined according to a particular time and place, and which is frequently transitional and transformative; a condition in which concepts (and indeed, people) can evolve independently of established norms and practices. Whereas the term “illegitimate” has traditionally carried with it shameful, dark and indeed punitive overtones, the papers collected in this issue demonstrate that this need not be so, and that the illegitimate, possibly more than the legitimate, enlightens and has much to offer.ReferencesMosendz, Polly. “When a Baby Born in Australia Isn’t Australian”. The Atlantic 16 Oct. 2014. 25 Oct. 2014 ‹http://www.theatlantic.com/international/archive/2014/10/when-a-baby-born-in-australia-isnt-australian/381549/›Baskin, Brooke. “Asylum Seeker Baby Ferouz Born in Australia Denied Refugee Status by Court”. The Courier Mail 15 Oct. 2014. 25 Oct. 2014 ‹http://www.couriermail.com.au/news/queensland/asylum-seeker-baby-ferouz-born-in-australia-denied-refugee-status-by-court/story-fnihsrf2-1227091626528›.Sample, Ian. “Anthropocene: Is This the New Epoch of Humans?” The Guardian 16 Oct. 2014. 25 Oct. 2014 ‹http://www.theguardian.com/science/2014/oct/16/-sp-scientists-gather-talks-rename-human-age-anthropocene-holocene›.

The advent of the #MeToo movement and the scale of participation in 85 countries (Gill and Orgad; see Google Trends) has greatly expanded debate about the revival of feminism (Winch Littler and Keeler) and the contribution of digital media to a “reconfiguration” of feminism (Jouet). Insofar as these campaigns are concerned with sexual harassment and related forms of sexual abuse, the longer history of sexual harassment in which this practice was named by women’s movement activists in the 1970s has gone largely unremarked except in the broad sense of the recharging or “techno-echo[es]” (Jouet) of earlier “waves” of feminism. However, #MeToo and its companion movement #TimesUp, and its fighting fund timesupnow.org, stemmed directly from the allegations in 2017 against the media mogul Harvey Weinstein by Hollywood professionals and celebrities. The naming of prominent, powerful men as harassers and the celebrity sphere of activism have become features of #MeToo that warrant comparison with the naming of sexual harassment in the earlier era of feminism.While the practices it named were not new, the term “sexual harassment” was new, and it became a defining issue in second wave feminism that was conceptualised within the continuum of sexual violence. I outline this history, and how it transformed the private, individual experiences of many women into a shared public consciousness about sexual coercion in the workplace, and some of the debate that this generated within the women’s movement at the time. It offers scope to compare the threshold politics of naming names in the 21st century, and its celebrity vanguard which has led to some ambivalence about the lasting impact. For Kathy Davis (in Zarkov and Davis), for instance, it is atypical of the collective goals of second wave feminism.In comparing the two eras, Anita Hill’s claims against Clarence Thomas in the early 1990s is a bridging incident. It dates from closer to the time in which sexual harassment was named, and Hill’s testimony is now recognised as a prototype of the kinds of claims made against powerful men in the #MeToo era. Lauren Berlant’s account of “Diva Citizenship”, formulated in response to Hill’s testimony to the US Senate, now seems prescient of the unfolding spectacle of feminist subjectivities in the digital public sphere and speaks directly to the relation between individual and collective action in making lasting change. The possibility of change, however, descends from the intervention of the women’s movement in naming sexual harassment.The Name Is AllI found my boss in a room ... . He was alone ... . He greeted me ... touched my hair and ... said ... “Come, Ruth, sit down here.” He motioned to his knee. I felt my face flush. I backed away towards the door ... . Then he rose ... and ... put his hand into his pocket, took out a roll of bills, counted off three dollars, and brought it over to me at the door. “Tell your father,” he said, “to find you a new shop for tomorrow morning.” (Cohen 129)Sexual coercion in the workplace, such as referred to in this workplace novel published in 1918, was spoken about among women in subcultures and gossip long before it was named as sexual harassment. But it had no place in public discourse. Women’s knowledge of sexual harassment coalesced in an act of naming that is reputed to have occurred in a consciousness raising group in New York at the height of the second wave women’s movement. Lin Farley lays claim to it in her book, Sexual Shakedown, first published in 1978, in describing the coinage of the term from a workshop on women and work in 1974 at Cornell University. The group of participants was made up, she says, of near equal numbers of black and white women with “economic backgrounds ranging from very affluent to poor” (11). She describes how, “when we had finished, there was an unmistakable pattern to our employment ... . Each one of us had already quit or been fired from a job at least once because we had been made too uncomfortable by the behaviour of men” (11–12). She claims to have later devised the term “sexual harassment” in collaboration with others from this group (12).The naming of sexual harassment has been described as a kind of “discovery” (Leeds TUCRIC 1) and possibly “the only concept of sexual violence to be labelled by women themselves” (Hearn et al. 20). Not everyone agrees that Farley’s group first coined the term (see Herbert 1989) and there is some evidence that it was in use from the early 1970s. Catherine Mackinnon accredits its first use to the Working Women United Institute in New York in connection with the case of Carmita Wood in 1975 (25). Yet Farley’s account gained authority and is cited in several other contemporary radical feminist works (for instance, see Storrie and Dykstra 26; Wise and Stanley 48), and Sexual Shakedown can now be listed among the iconic feminist manifestoes of the second wave era.The key insight of Farley’s book was that sexual coercion in the workplace was more than aberrant behaviour by individual men but was systemic and organised. She suggests how the phrase sexual harassment “is the first verbal description of women’s feelings about this behaviour and it unstintingly conveys a negative perception of male aggression in the workplace” (32). Others followed in seeing it as organised expression of male power that functions “to keep women out of non-traditional occupations and to reinforce their secondary status in the workplace” (Pringle 93), a wisdom that is now widely accepted but seemed radical at the time.A theoretical literature on sexual harassment grew rapidly from the 1970s in which the definition of sexual harassment was a key element. In Sexual Shakedown, Farley defines it with specific connection to the workplace and a woman’s “function as worker” (33). Some definitions attempted to cover a range of practices that “might threaten a woman’s job security or create a stressful or intimidating working environment” ranging from touching to rape (Sedley and Benn 6). In the wider radical feminist discussion, sexual harassment was located within the “continuum of sexual violence”, a paradigm that highlighted the links between “every day abuses” and “less common experiences labelled as crimes” (Kelly 59). Accordingly, it was seen as a diminished category of rape, termed “little rape” (Bularzik 26), or a means whereby women are “reminded” of the “ever present threat of rape” (Rubinstein 165).The upsurge of research and writing served to document the prevalence and history of sexual harassment. Radical feminist accounts situated the origins in the long-standing patriarchal assumption that economic responsibility for women is ultimately held by men, and how “women forced to earn their own living in the past were believed to be defenceless and possibly immoral” (Rubinstein 166). Various accounts highlighted the intersecting effects of racism and sexism in the experience of black women, and women of colour, in a way that would be now termed intersectional. Jo Dixon discussed black women’s “least advantaged position in the economy coupled with the legacy of slavery” (164), while, in Australia, Linda Rubinstein describes the “sexual exploitation of aboriginal women employed as domestic servants on outback stations” which was “as common as the better documented abuse of slaves in the American South” (166).In The Sexual Harassment of Working Women, Catherine Mackinnon provided a pioneering legal argument that sexual harassment was a form of sex discrimination. She defined two types: the quid pro quo, when “sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity” (32); and sexual harassment as a “persistent condition of work” that “simply makes the work environment unbearable” (40). Thus the feminist histories of sexual harassment became detailed and strategic. The naming of sexual harassment was a moment of relinquishing women’s experience to the gaze of feminism and the bureaucratic gaze of the state, and, in the legal interventions that followed, it ceased to be exclusively a feminist issue.In Australia, a period of bureaucratisation and state intervention commenced in the late 1970s that corresponded with similar legislative responses abroad. The federal Sex Discrimination Act was amended in 1984 to include a definition of sexual harassment, and State and Territory jurisdictions also framed legislation pertaining to sexual harassment (see Law Council of Australia). The regimes of redress were linked with Equal Opportunity and Affirmative Action frameworks and were of a civil order. Under the law, there was potential for employers to be found vicariously liable for sexual harassment.In the women’s movement, legislative strategies were deemed reformist. Radical and socialist feminists perceived the de-gendering effects of these policies in the workplace that risked collusion with the state. Some argued that naming and defining sexual harassment denies that women constantly deal with a range of harassment anywhere, not only in the workplace (Wise and Stanley 10); while others argued that reformist approaches effectively legitimate other forms of sex discrimination not covered by legislation (Game and Pringle 290). However, in feminism and in the policy realm, the debate concerned sexual harassment in the general workplace. In contrast to #MeToo, it was not led by celebrity voices, nor galvanised by incidents in the sphere of entertainment, nor, by and large, among figures of public office, except for a couple of notable exceptions, including Anita Hill.The “Spectacle of Subjectivity” in the “Scene of Public Life”Through the early 1990s as an MA candidate at the University of Queensland, I studied media coverage of sexual harassment cases, clipping newspapers and noting electronic media reports on a daily basis. These mainly concerned incidents in government sector workplaces or small commercial enterprises. While the public prominence of the parties involved was not generally a factor in reportage, occasionally, prominent individuals were affected, such as the harassment of the athlete Michelle Baumgartner at the Commonwealth Games in 1990 which received extensive coverage but the offenders were never publicly named or disciplined. Two other incidents stand out: the Ormond College case at the University of Melbourne, about which much has been written; and Anita Hill’s claims against Clarence Thomas during his nomination to the US Supreme Court in 1991.The spectacle of Hill’s testimony to the US Senate is now an archetype of claims against powerful men, although, at the time, her credibility was attacked and her dignified presentation was criticised as “too composed. Too cool. Too censorious” (Legge 31). Hill was also seen to counterpose the struggles of race and gender, and Thomas himself famously described it as “a hi-tech lynching of an uppity black” (qtd in Stephens 1). By “hi-tech”, Thomas alluded to the occasion of the first-ever live national broadcast of the United States Senate hearings in which Hill’s claims were aired directly to the national public, and re-broadcast internationally in news coverage. Thus, it was not only the claims but the scale and medium of delivery to a global audience that set it apart from other sexual harassment stories.Recent events have since prompted revisiting of the inequity of Hill’s treatment at the Senate hearings. But well before this, in an epic and polemical study of American public culture, Berlant reflected at length on the heroism of Hill’s “witnessing” as paradigmatic of citizenship in post-Reaganite America’s “shrinking” public sphere. It forms part of her much wider thesis regarding the “intimate public sphere” and the form of citizenship “produced by personal acts and values” (5) in the absence of a context that “makes ordinary citizens feel they have a common public culture, or influence on a state” (3), and in which the fundamental inequality of minority cultures is assumed. For Berlant, Hill’s testimony becomes the model of “Diva Citizenship”; the “strange intimacy” in which the Citizen Diva, “the subordinated person”, believes in the capacity of the privileged ones “to learn and to change” and “trust[s] ... their innocence of ... their obliviousness” of the system that has supported her subjugation (222–223). While Berlant’s thesis pertains to profound social inequalities, there is no mistaking the comparison to the digital feminist in the #MeToo era in the call to identify with her suffering and courage.Of Hill’s testimony, Berlant describes how: “a member of a stigmatised population testifies reluctantly to a hostile public the muted and anxious history of her imperiled citizenship” (222). It is an “act of heroic pedagogy” (223) which occurs when “a person stages a dramatic coup in a public sphere in which she does not have privilege” (223). In such settings, “acts of language can feel like explosives” and put “the dominant story into suspended animation” (223). The Diva Citizen cannot “change the world” but “challenges her audience” to identify with her “suffering” and the “courage she has had to produce” in “calling on people to change the practices of citizenship into which they currently consent” (223). But Berlant cautions that the strongest of Divas cannot alone achieve change because “remaking the scene of public life into a spectacle of subjectivity” can lead to “a confusion of ... memorable rhetorical performance with sustained social change itself” (223). Instead, she argues that the Diva’s act is a call; the political obligation for the action of change lies with the collective, the greater body politic.The EchoIf Acts of Diva Citizenship abound in the #MeToo movement, relations between the individual and the collective are in question in a number of ways. This suggests a basis of comparison between past and present feminisms which have come full circle in the renewed recognition of sexual harassment in the continuum of sexual violence. Compared with the past, the voices of #MeToo are arguably empowered by a genuine, if gradual, change in the symbolic status of women, and a corresponding destabilization of the images of male power since the second wave era of feminism. The one who names an abuser on Twitter symbolises a power of individual courage, backed by a responding collective voice of supporters. Yet there are concerns about who can “speak out” without access to social media or with the constraint that “the sanctions would be too great” (Zarkov and Davis). Conversely, the “spreadability” — as Jenkins, Ford and Green term the travelling properties of digital media — and the apparent relative ease of online activism might belie the challenge and courage of those who make the claims and those who respond.The collective voice is also allied with other grassroots movements like SlutWalk (Jouet), the women’s marches in the US against the Trump presidency, and the several national campaigns — in India and Egypt, for instance (Zarkov and Davis) — that contest sexual violence and gender inequality. The “sheer numbers” of participation in #MeToo testify to “the collectivity of it all” and the diversity of the movement (Gill and Orgad). If the #MeToo hashtag gained traction with the “experiences of white heterosexual women in the US”, it “quickly expanded” due to “broad and inclusive appeal” with stories of queer women and men and people of colour well beyond the Global North. Even so, Tarana Burke, who founded the #MeToo hashtag in 2006 in her campaign of social justice for working class women and girls of colour, and endorsed its adoption by Hollywood, highlights the many “untold stories”.More strikingly, #MeToo participants name the names of the alleged harassers. The naming of names, famous names, is threshold-crossing and as much the public-startling power of the disclosures as the allegations and stimulates newsworthiness in conventional media. The resonance is amplified in the context of the American crisis over the Trump presidency in the sense that the powerful men called out become echoes or avatars of Trump’s monstrous manhood and the urgency of denouncing it. In the case of Harvey Weinstein, the name is all. A figure of immense power who symbolised an industry, naming Weinstein blew away the defensive old Hollywood myths of “casting couches” and promised, perhaps idealistically, the possibility for changing a culture and an industrial system.The Hollywood setting for activism is the most striking comparison with second wave feminism. A sense of contradiction emerges in this new “visibility” of sexual harassment in a culture that remains predominantly “voyeuristic” and “sexist” (Karkov and Davis), and not least in the realm of Hollywood where the sexualisation of women workers has long been a notorious open secret. A barrage of Hollywood feminism has accompanied #MeToo and #TimesUp in the campaign for diversity at the Oscars, and the stream of film remakes of formerly all-male narrative films that star all-female casts (Ghostbusters; Oceans 11; Dirty, Rotten Scoundrels). Cynically, this trend to make popular cinema a public sphere for gender equality in the film industry seems more glorifying than subversive of Hollywood masculinities. Uneasily, it does not overcome those lingering questions about why these conditions were uncontested openly for so long, and why it took so long for someone to go public, as Rose McGowan did, with claims about Harvey Weinstein.However, a reading of She Said, by Jodie Kantor and Megan Tuohey, the journalists who broke the Weinstein story in the New York Times — following their three year efforts to produce a legally water-tight report — makes clear that it was not for want of stories, but firm evidence and, more importantly, on-the-record testimony. If not for their (and others’) fastidious journalism and trust-building and the Citizen Divas prepared to disclose their experiences publicly, Weinstein might not be convicted today. Yet without the naming of the problem of sexual harassment in the women’s movement all those years ago, none of this may have come to pass. Lin Farley can now be found on YouTube retelling the story (see “New Mexico in Focus”).It places the debate about digital activism and Hollywood feminism in some perspective and, like the work of journalists, it is testament to the symbiosis of individual and collective effort in the action of change. The tweeting activism of #MeToo supplements the plenum of knowledge and action about sexual harassment across time: the workplace novels, the consciousness raising, the legislation and the poster campaigns. In different ways, in both eras, this literature demonstrates that names matter in calling for change on sexual harassment. But, if #MeToo is to become the last long take on sexual harassment, then, as Berlant advocates, the responsibility lies with the body politic who must act collectively for change in ways that will last well beyond the courage of the Citizen Divas who so bravely call it on.ReferencesBerlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. 1997. Durham: Duke UP, 2002.Bularzik, Mary. “Sexual Harassment at the Workplace: Historical Notes.” Radical America 12.4 (1978): 25-43.Cohen, Rose. Out of the Shadow. NY: Doran, 1918.Dixon, Jo. “Feminist Reforms of Sexual Coercion Laws.” Sexual Coercion: A Sourcebook on Its Nature, Causes and Prevention. Eds. Elizabeth Grauerholz and Mary A. Karlewski. Massachusetts: Lexington, 1991. 161-171.Farley, Lin. Sexual Shakedown: The Sexual Harassment of Women in the Working World. London: Melbourne House, 1978.Game, Ann, and Rosemary Pringle. “Beyond Gender at Work: Secretaries.” Australian Women: New Feminist Perspectives. Melbourne: Oxford UP, 1986. 273–91.Gill, Rosalind, and Shani Orgad. “The Shifting Terrain of Sex and Power: From the ‘Sexualisation of Culture’ to #MeToo.” Sexualities 21.8 (2018): 1313–1324. <https://doi-org.elibrary.jcu.edu.au/10.1177/1363460718794647>.Google Trends. “Me Too Rising: A Visualisation of the Movement from Google Trends.” 2017–2020. <https://metoorising.withgoogle.com>.Hearn, Jeff, Deborah Shepherd, Peter Sherrif, and Gibson Burrell. The Sexuality of Organization. London: Sage, 1989.Herbert, Carrie. Talking of Silence: The Sexual Harassment of Schoolgirls. London: Falmer, 1989.Jenkins, Henry, Sam Ford, and Joshua Green. Spreadable Media: Creating Value and Meaning in a Networked Culture. New York: New York UP, 2013.Jouet, Josiane. “Digital Feminism: Questioning the Renewal of Activism.” Journal of Research in Gender Studies 8.1 (2018). 1 Jan. 2018. <http://dx.doi.org.elibrary.jcu.edu.au/10.22381/JRGS8120187>.Kantor, Jodi, and Megan Twohey. She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement. London: Bloomsbury, 2019.Kelly, Liz. “The Continuum of Sexual Violence.” Women, Violence, and Social Control. Eds. Jalna Hanmer and Mary Maynard. London: MacMillan, 1989. 46–60.Legge, Kate. “The Harassment of America.” Weekend Australian 19–20 Oct. 1991: 31.Mackinnon, Catherine. The Sexual Harassment of Working Women. New Haven: Yale UP, 1979.New Mexico in Focus, a Production of NMPBS. 26 Jan. 2018. <https://www.youtube.com/watch?v=LlO5PiwZk8U>.Pringle, Rosemary. Secretaries Talk. Sydney: Allen and Unwin, 1988.Rubinstein, Linda. “Dominance Eroticized: Sexual Harassment of Working Women.” Worth Her Salt. Eds. Margaret Bevege, Margaret James, and Carmel Shute. Sydney: Hale and Iremonger, 1982. 163–74.Sedley, Ann, and Melissa Benn. Sexual Harassment at Work. London: NCCL Rights for Women Unit, 1986.Stephens, Peter. “America’s Sick and Awful Farce.” Sydney Morning Herald 14 Oct. 1991: 1.Storrie, Kathleen, and Pearl Dykstra. “Bibliography on Sexual Harassment.” Resources for Feminist Research/Documentation 10.4 (1981–1982): 25–32.Wise, Sue, and Liz Stanley. Georgie Porgie: Sexual Harassment in Every Day Life. London: Pandora, 1987.Winch, Alison, Jo Littler, and Jessalyn Keller. “Why ‘Intergenerational Feminist Media Studies’?” Feminist Media Studies 16.4 (2016): 557–572. <https://doi.org/10.1080/14680777.2016.1193285>.Zarkov, Dubravka, and Kathy Davis. “Ambiguities and Dilemmas around #MeToo: #ForHowLong and #WhereTo?” European Journal of Women's Studies 25.1 (2018): 3–9. <https://doi.org/10.1177/1350506817749436>.

“There is nothing more public than privacy.” (Berlant and Warner, Sex) How did it come to this? How did it happen that a one-off, two-hour event at a public swimming pool in a suburb of outer Melbourne ignited international hate mail and generated media-fanned political anguish and debate about the proper use of public spaces? In 2010, women who attend a women’s only swim session on Sunday evenings at the Dandenong Oasis public swimming pool asked the pool management and the local council for permission to celebrate the end of Ramadan at the pool during the time of their regular swim session. The request was supported by the pool managers and the council and promoted by both as an opportunity for family and friends to get together in a spirit of multicultural learning and understanding. Responding to criticisms of the event as an unreasonable claim on public facilities by one group, the Mayor of the City of Greater Dandenong, Jim Memeti, rejected claims that this event discriminates against non-Muslim residents of the suburb. But here’s the rub. The event, to be held after hours at the pool, requires all participants older than ten years of age to follow a dress code of knee-length shorts and T-shirts. This is a suburban moment that is borne of but exceeds the local. It reflects and responds to a contemporary global conundrum of great political and theoretical significance—how to negotiate and govern the relations between multiculturalism, religion, gender, sexual freedom, and democracy. Specifically this event speaks to how multicultural democracy in the public sphere negotiates the public presence and expression of different cultural and religious frameworks related to gender and sexuality. This is demanding political stuff. Situated in the messy political and theoretical terrains of the relation between public space and the public sphere, this local moment called for political judgement about how cultural differences should be allowed to manifest in and through public space, giving consideration to the potential effects of these decisions on an inclusive multicultural democracy. The local authorities in Dandenong engaged in an admirable process of democratic labour as they puzzled over how to make decisions that were responsible and equitable, in the absence of a rulebook or precedents for success. Ultimately however this mode of experimental decision-making, which will become increasingly necessary to manage such predicaments in the future, was foreclosed by unwarranted and unhelpful media outrage. "Foreclosed" here stresses the preemptive nature of the loss; a lost opportunity for trialing approaches to governing cultural diversity that may fail, but might then be modified. It was condemned in advance of either success or failure. The role of the media rather than the discomfort of the local publics has been decisive in this event.This Multicultural SuburbDandenong is approximately 30 kilometres southeast of central Melbourne. Originally home to the Bunorong People of the Kulin nation, it was settled by pastoralists by the 1800s, heavily industrialised during the twentieth century, and now combines cultural diversity with significant social disadvantage. The City of Greater Dandenong is proud of its reputation as the most culturally and linguistically diverse municipality in Australia. Its population of approximately 138,000 comprises residents from 156 different language groups. More than half (56%) of its population was born overseas, with 51% from nations where English is not the main spoken language. These include Vietnam, Cambodia, Sri Lanka, India, China, Italy, Greece, Bosnia and Afghanistan. It is also a place of significant religious diversity with residents identifying as Buddhist (15 per cent) Muslim (8 per cent), Hindu (2 per cent) and Christian (52 per cent) [CGD]. Its city logo, “Great Place, Great People” evokes its twin pride in the placemaking power of its diverse population. It is also a brazen act of civic branding to counter its reputation as a derelict and dangerous suburb. In his recent book The Bogan Delusion, David Nichols cites a "bogan" website that names Dandenong as one of Victoria’s two most bogan areas. The other was Moe. (p72). The Sunday Age newspaper had already depicted Dandenong as one of two excessively dangerous suburbs “where locals fear to tread” (Elder and Pierik). The other suburb of peril was identified as Footscray.Central Dandenong is currently the site of Australia’s largest ever state sponsored Urban Revitalisation program with a budget of more than $290 million to upgrade infrastructure, that aims to attract $1billion in private investment to provide housing and future employment.The Cover UpIn September 2010, the Victorian and Civil and Administrative Appeals Tribunal (VCAT) granted the YMCA an exemption from the Equal Opportunity Act to allow a dress code for the Ramadan event at the Oasis swimming pool that it manages. The "Y" sees the event as “an opportunity for the broader community to learn more about Ramadan and the Muslim faith, and encourages all members of Dandenong’s diverse community to participate” (YMCA Ramadan). While pool management and the municipal council refer to the event as an "opening up" of the closed swimming session, the media offer a different reading of the VCAT decision. The trope of the "the cover up" has framed most reports and commentaries (Murphy; Szego). The major focus of the commentaries has not been the event per se, but the call to dress "appropriately." Dress codes however are a cultural familiar. They exist for workplaces, schools, nightclubs, weddings, racing and sporting clubs and restaurants, to name but a few. While some of these codes or restrictions are normatively imposed rather than legally required, they are not alien to cultural life in Australia. Moreover, there are laws that prohibit people from being meagerly dressed or naked in public, including at beaches, swimming pools and so on. The dress code for this particular swimming pool event was, however, perceived to be unusual and, in a short space of time, "unusual" converted to "social threat."Responses to media polls about the dress code reveal concerns related to the symbolic dimensions of the code. The vast majority of those who opposed the Equal Opportunity exemption saw it as the thin edge of the multicultural wedge, a privatisation of public facilities, or a denial of the public’s right to choose how to dress. Tabloid newspapers reported on growing fears of Islamisation, while the more temperate opposition situated the decision as a crisis of human rights associated with tolerating illiberal cultural practices. Julie Szego reflects this view in an opinion piece in The Age newspaper:the Dandenong pool episode is neither trivial nor insignificant. It is but one example of human rights laws producing outcomes that restrict rights. It raises tough questions about how far public authorities ought to go in accommodating cultural practices that sit uneasily with mainstream Western values. (Szego)Without enquiring into the women’s request and in the absence of the women’s views about what meaning the event held for them, most media commentators and their electronically wired audiences treated the announcement as yet another alarming piece of evidence of multicultural failure and the potential Islamisation of Australia. The event raised specific concerns about the double intrusion of cultural difference and religion. While the Murdoch tabloid Herald Sun focused on the event as “a plan to force families to cover up to avoid offending Muslims at a public event” (Murphy) the liberal Age newspaper took a more circumspect approach, reporting on its small vox pop at the Dandenong pool. Some people here referred to the need to respect religions and seemed unfazed by the exemption and the event. Those who disagreed thought it was important not to enforce these (dress) practices on other people (Carey).It is, I believe, significant that several employees of the local council informed me that most of the opposition has come from the media, people outside of Dandenong and international groups who oppose the incursion of Islam into non-Islamic settings. Opposition to the event did not appear to derive from local concern or opposition.The overwhelming majority of Herald Sun comments expressed emphatic opposition to the dress code, citing it variously as unAustralian, segregationist, arrogant, intolerant and sexist. The Herald Sun polled readers (in a self-selecting and of course highly unrepresentative on-line poll) asking them to vote on whether or not they agreed with the VCAT exemption. While 5.52 per cent (512 voters) agreed with the ruling, 94.48 per cent (8,760) recorded disagreement. In addition, the local council has, for the first time in memory, received a stream of hate-mail from international anti-Islam groups. Muslim women’s groups, feminists, the Equal Opportunity Commissioner and academics have also weighed in. According to local reports, Professor of Islamic Studies at the University of Melbourne, Shahram Akbarzadeh, considered the exemption was “nonsense” and would “backfire and the people who will pay for it will be the Muslim community themselves” (Haberfield). He repudiated it as an example of inclusion and tolerance, labeling it “an effort of imposing a value system (sic)” (Haberfield). He went so far as to suggest that, “If Tony Abbott wanted to participate in his swimwear he wouldn’t be allowed in. That’s wrong.” Tasneem Chopra, chairwoman of the Islamic Women’s Welfare Council and Sherene Hassan from the Islamic Council of Victoria, both expressed sensitivity to the group’s attempt to establish an inclusive event but would have preferred the dress code to be a matter of choice rather coercion (Haberfield, "Mayor Defends Dandenong Pool Cover Up Order"). Helen Szoke, the Commissioner of the Victorian Equal Opportunity and Human Rights Commission, defended the pool’s exemption from the Law that she oversees. “Matters such as this are not easy to resolve and require a balance to be achieved between competing rights and obligations. Dress codes are not uncommon: e.g., singlets, jeans, thongs etc in pubs/hotels” (in Murphy). The civil liberties organisation, Liberty Victoria, supported the ban because the event was to be held after hours (Murphy). With astonishing speed this single event not only transformed the suburban swimming pool to a theatre of extra-local disputes about who and what is entitled to make claims on public space and publically funded facilities, but also fed into charged debates about the future of multiculturalism and the vulnerability of the nation to the corrosive effects of cultural and religious difference. In this sense suburbs like Dandenong are presented as sites that not only generate fear about physical safety but whose suburban sensitivities to its culturally diverse population represent a threat to the safety of the nation. Thus the event both reflects and produces an antipathy to cultural difference and to the place where difference resides. This aversion is triggered by and mediated in this case through the figure, rather than the (corpo)reality, of the Muslim woman. In this imagining, the figure of the Muslim woman is assigned the curious symbolic role of "cultural creep." The debates around the pool event is not about the wellbeing or interests of the Muslim women themselves, nor are broader debates about the perceived, culturally-derived restrictions imposed on Muslim women living in Australia or other western countries. The figure of the Muslim woman is, I would argue, simply the ground on which the debates are held. The first debate relates to social and public space, access to which is considered fundamental to freedom and participatory democracy, and in current times is addressed in terms of promoting inclusion, preventing exclusion and finding opportunities for cross cultural encounters. The second relates not to public space per se, but to the public sphere or the “sphere of private people coming together as a public” for political deliberation (Habermas 21). The literature and discussions dealing with these two terrains have remained relatively disconnected (Low and Smith) with public space referring largely to activities and opportunities in the socio-cultural domain and the public sphere addressing issues of politics, rights and democracy. This moment in Dandenong offers some modest leeway for situating "the suburb" as an ideal site for coalescing these disparate discussions. In this regard I consider Iveson’s provocative and productive question about whether some forms of exclusions from suburban public space may actually deepen the democratic ideals of the public sphere. Exclusions may in such cases be “consistent with visions of a democratically inclusive city” (216). He makes his case in relation to a dispute about the exclusion of men exclusion from a women’s only swimming pool in the Sydney suburb of Coogee. The Dandenong case is similarly exclusive with an added sense of exclusion generated by an "inclusion with restrictions."Diversity, Difference, Public Space and the Public SphereAs a prelude to this discussion of exclusion as democracy, I return to the question that opened this article: how did it come to this? How is it that Australia has moved from its renowned celebration and pride in its multiculturalism so much in evidence at the suburban level through what Ghassan Hage calls an “unproblematic” multiculturalism (233) and what others have termed “everyday multiculturalism” (Wise and Velayutham). Local cosmopolitanisms are often evinced through the daily rituals of people enjoying the ethnic cuisines of their co-residents’ pasts, and via moments of intercultural encounter. People uneventfully rub up against and greet each other or engage in everyday acts of kindness that typify life in multicultural suburbs, generating "reservoirs of hope" for democratic and cosmopolitan cities (Thrift 147). In today’s suburbs, however, the “Imperilled Muslim women” who need protection from “dangerous Muslim men” (Razack 129) have a higher discursive profile than ethnic cuisine as the exemplar of multiculturalism. Have we moved from pleasure to hostility or was the suburban pleasure in racial difference always about a kind of “eating the other” (bell hooks 378). That is to ask whether our capacity to experience diversity positively has been based on consumption, consuming the other for our own enrichment, whereas living with difference entails a commitment not to consumption but to democracy. This democratic multicultural commitment is a form of labour rather than pleasure, and its outcome is not enrichment but transformation (although this labour can be pleasurable and transformation might be enriching). Dandenong’s prized cultural precincts, "Little India" and the "Afghan bazaar" are showcases of food, artefacts and the diversity of the suburb. They are centres of pleasurable and exotic consumption. The pool session, however, requires one to confront difference. In simple terms we can think about ethnic food, festivals and handicrafts as cultural diversity, and the Muslim woman as cultural difference.This distinction between diversity and difference is useful for thinking through the relation between multiculturalism in public space and multicultural democracy of the public sphere. According to the anthropologist Thomas Hylland Eriksen, while a neoliberal sensibility supports cultural diversity in the public space, cultural difference is seen as a major cause of social problems associated with immigrants, and has a diminishing effect on the public sphere (14). According to Eriksen, diversity is understood as aesthetic, or politically and morally neutral expressions of culture that are enriching (Hage 118) or digestible. Difference, however, refers to morally objectionable cultural practices. In short, diversity is enriching. Difference is corrosive. Eriksen argues that differences that emerge from distinct cultural ideas and practices are deemed to create conflicts with majority cultures, weaken social solidarity and lead to unacceptable violations of human rights in minority groups. The suburban swimming pool exists here at the boundary of diversity and difference, where the "presence" of diverse bodies may enrich, but their different practices deplete and damage existing culture. The imperilled Muslim woman of the suburbs carries a heavy symbolic load. She stands for major global contests at the border of difference and diversity in three significant domains, multiculturalism, religion and feminism. These three areas are positioned simultaneously in public space and of the public sphere and she embodies a specific version of each in this suburban setting. First, there a global retreat from multiculturalism evidenced in contemporary narratives that describe multiculturalism (both as official policy and unofficial sensibility) as failed and increasingly ineffective at accommodating or otherwise dealing with religious, cultural and ethnic differences (Cantle; Goodhart; Joppke; Poynting and Mason). In the UK, Europe, the US and Australia, popular media sources and political discourses speak of "parallel lives,"immigrant enclaves, ghettoes, a lack of integration, the clash of values, and illiberal cultural practices. The covered body of the Muslim woman, and more particularly the Muslim veil, are now read as visual signs of this clash of values and of the refusal to integrate. Second, religion has re-emerged in the public domain, with religious groups and individuals making particular claims on public space both on the basis of their religious identity and in accord with secular society’s respect for religious freedom. This is most evident in controversies in France, Belgium and Netherlands associated with banning niqab in public and other religious symbols in schools, and in Australia in court. In this sense the covered Muslim woman raises concerns and indignation about the rightful place of religion in the public sphere and in social space. Third, feminism is increasingly invoked as the ground from which claims about the imperilled Muslim woman are made, particularly those about protecting women from their dangerous men. The infiltration of the Muslim presence into public space is seen as a threat to the hard won gains of women’s freedom enjoyed by the majority population. This newfound feminism of the public sphere, posited by those who might otherwise disavow feminism, requires some serious consideration. This public discourse rarely addresses the discrimination, violation and lack of freedom experienced systematically on an everyday basis by women of majority cultural backgrounds in western societies (such as Australia). However, the sexism of racially and religiously different men is readily identified and decried. This represents a significant shift to a dubious feminist register of the public sphere such that: “[w]omen of foreign origin, ...more specifically Muslim women…have replaced the traditional housewife as the symbol of female subservience” (Tissot 41–42).The three issues—multiculturalism, religion and feminism—are, in the Dandenong pool context, contests about human rights, democracy and the proper use of public space. Szego’s opinion piece sees the Dandenong pool "cover up" as an example of the conundrum of how human rights for some may curtail the human rights of others and lead us into a problematic entanglement of universal "rights," with claims of difference. In her view the combination of human rights and multiculturalism in the case of the Dandenong Pool accommodates illiberal practices that put the rights of "the general public" at risk, or as she puts it, on a “slippery slope” that results in a “watering down of our human rights.” Ideas that entail women making a claim for private time in public space are ultimately not good for "us."Such ideas run counter to the West's more than 500-year struggle for individual freedom—including both freedom of religion and freedom from religion—and for gender equality. Our public authorities ought to be pushing back hardest when these values are under threat. Yet this is precisely where they've been buckling under pressure (Szego)But a different reading of the relation between public and private space, human rights, democracy and gender freedom is readily identifiable in the Dandenong event—if one looks for it. Living with difference, I have already suggested, is a problem of democracy and the public sphere and does not so easily correspond to consuming diversity, as it demands engagement with cultural difference. In what remains, I explore how multicultural democracy in the public sphere and women’s rights in public and private realms relate, firstly, to the burgeoning promise of democracy and civility that might emerge in public space through encounter and exchange. I also point out how this moment in Dandenong might be read as a singular contribution to dealing with this global problematic of living with difference; of democracy in the public sphere. Public urban space has become a focus for speculation among geographers and sociologists in particular, about the prospects for an enhanced civic appreciation of living with difference through encountering strangers. Random and repetitious encounters with people from all cultures typify contemporary urban life. It remains an open question however as to whether these encounters open up or close down possibilities for conviviality and understanding, and whether they undo or harden peoples’ fears and prejudices. There is, however, at least in some academic and urban planning circles, some hope that the "throwntogetherness" (Massey) and the "doing" of togetherness (Laurier and Philo) found in the multicultural city may generate some lessons and opportunities for developing a civic culture and political commitment to living with difference. Alongside the optimism of those who celebrate the city, the suburb, and public spaces as forging new ways of living with difference, there are those such as Gill Valentine who wonder how this might be achieved in practice (324). Ash Amin similarly notes that city or suburban public spaces are not necessarily “the natural servants of multicultural engagement” (Ethnicity 967). Amin and Valentine point to the limited or fleeting opportunities for real engagement in these spaces. Moreover Valentine‘s research in the UK revealed that the spatial proximity found in multicultural spaces did not so much give rise to greater mutual respect and engagement, but to a frustrated “white self-segregation in the suburbs.” She suggests therefore that civility and polite exchange should not be mistaken for respect (324). Amin contends that it is the “micro-publics” of social encounters found in workplaces, schools, gardens, sports clubs [and perhaps swimming pools] rather than the fleeting encounters of the street or park, that offer better opportunities for meaningful intercultural exchange. The Ramadan celebration at the pool, with its dress code and all, might be seen more fruitfully as a purposeful event engaging a micro-public in which people are able to “break out of fixed relations and fixed notions” and “learn to become different” (Amin, Ethnicity 970) without that generating discord and resentment.Micropublics, Subaltern Publics and a Democracy of (Temporary) ExclusionsIs this as an opportunity to bring the global and local together in an experiment of forging new democratic spaces for gender, sexuality, culture and for living with difference? More provocatively, can we see exclusion and an invitation to share in this exclusion as a precursor to and measure of, actually existing democracy? Painter and Philo have argued that democratic citizenship is questionable if “people cannot be present in public spaces (streets, squares, parks, cinemas, churches, town halls) without feeling uncomfortable, victimized and basically ‘out of place’…" (Iveson 216). Feminists have long argued that distinctions between public and private space are neither straightforward nor gender neutral. For Nancy Fraser the terms are “cultural classifications and rhetorical labels” that are powerful because they are “frequently deployed to delegitimate some interests, views and topics and to valorize others” (73). In relation to women and other subordinated minorities, the "rhetoric of privacy" has been historically used to restrict the domain of legitimate public contestation. In fact the notion of what is public and particularly notions of the "public interest" and the "public good" solidify forms of subordination. Fraser suggests the concept of "subaltern counterpublics" as an alternative to notions of "the public." These are discursive spaces where groups articulate their needs, and demands are circulated formulating their own public sphere. This challenges the very meaning and foundational premises of ‘the public’ rather than simply positing strategies of inclusion or exclusion. The twinning of Amin’s notion of "micro-publics" and Fraser’s "counterpublics" is, I suggest, a fruitful approach to interpreting the Dandenong pool issue. It invites a reading of this singular suburban moment as an experiment, a trial of sorts, in newly imaginable ways of living democratically with difference. It enables us to imagine moments when a limited democratic right to exclude might create the sorts of cultural exchanges that give rise to a more authentic and workable recognition of cultural difference. I am drawn to think that this is precisely the kind of democratic experimentation that the YMCA and Dandenong Council embarked upon when they applied for the Equal Opportunity exemption. I suggest that by trialing, rather than fixing forever a "critically exclusive" access to the suburban swimming pool for two hours per year, they were in fact working on the practical problem of how to contribute in small but meaningful ways to a more profoundly free democracy and a reworked public sphere. In relation to the similar but distinct example of the McIver pool for women and children in Coogee, New South Wales, Kurt Iveson makes the point that such spaces of exclusion or withdrawal, “do not necessarily serve simply as spaces where people ‘can be themselves’, or as sites through which reified identities are recognised—in existing conditions of inequality, they can also serve as protected spaces where people can take the risk of exploring who they might become with relative safety from attack and abuse” (226). These are necessary risks to take if we are to avoid entrenching fear of difference in a world where difference is itself deeply, and permanently, entrenched.ReferencesAmin, Ash. “Ethnicity and the Multicultural City: Living with Diversity.” Environment and Planning A 34 (2002): 959–80.———. “The Good City.” Urban Studies 43 (2006): 1009–23.Berlant, Lauren, and Michael Warner. “Sex in Public.” Critical Inquiry 24 (1998): 547–66.Cantle, Ted. Community Cohesion: A Report of the Independent Review Team. London, UK Home Office, 2001.Carey, Adam. “Backing for Pool Cover Up Directive.” The Age 17 Sep. 2010. ‹http://www.theage.com.au/victoria/backing-for-pool-coverup-directive-20100916-15enz.html›.Elder, John, and Jon Pierick. “The Mean Streets: Where the Locals Fear to Tread.” The Sunday Age 10 Jan. 2010. ‹http://www.theage.com.au/national/the-mean-streets-where-the-locals-fear-to-tread-20100109-m00l.html?skin=text-only›.Eriksen, Thomas Hyland. “Diversity versus Difference: Neoliberalism in the Minority Debate." The Making and Unmaking of Difference. Ed. Richard Rottenburg, Burkhard Schnepel, and Shingo Shimada. Bielefeld: Transaction, 2006. 13–36.Fraser, Nancy. “Rethinking the Public Sphere: A Contribution to the Critique of Actually Existing Democracy.” Social Text 25/26 (1990): 56–80.Goodhart, David. “Too Diverse.” Prospect 95 (2004): 30-37.Haberfield, Georgie, and Gilbert Gardner. “Mayor Defends Pool Cover-up Order.” Dandenong Leader 16 Sep. 2010 ‹http://dandenong-leader.whereilive.com.au/news/story/dandenong-oasis-tells-swimmers-to-cover-up/›.Habermas, Jürgen. The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society. Cambridge, MA: MIT P, 2001.Hage, Ghassan. White Nation: Fantasies of White Supremacy in a Multicultural Society. Sydney: Pluto, 1998.hooks, bell. "Eating the Other: Desire and Resistance." Media and Cultural Studies Keyworks. Eds. Meenakshi Gigi and Douglas Kellner. Malden, MA: Blackwell, 2001. 366-380.Iveson, Kurt. "Justifying Exclusion: The Politics of Public Space and the Dispute over Access to McIvers Ladies' Baths, Sydney.” Gender, Place and Culture 10.3 (2003): 215–28.Joppke, Christian. “The Retreat of Multiculturalism in the Liberal State: Theory and Policy.” The British Journal of Sociology 55.2 (2004): 237–57.Laurier, Chris, and Eric Philo. “Cold Shoulders and Napkins Handed: Gestures of Responsibility.” Transactions of the Institute of British Geographers 31 (2006): 193–207.Low, Setha, and Neil Smith, eds. The Politics of Public Space. London: Routledge, 2006.Massey, Doreen. For Space. London: Sage, 2005.Murphy, Padraic. "Cover Up for Pool Even at Next Year's Ramadan.” Herald Sun 23 Sep. 2010. ‹http://www.heraldsun.com.au/news/victoria/cover-up-for-pool-event-during-next-years-ramadan/story-e6frf7kx-1225924291675›.Nichols, David. The Bogan Delusion. Melbourne: Affirm Press, 2011.Poynting, Scott, and Victoria Mason. "The New Integrationism, the State and Islamophobia: Retreat from Multiculturalism in Australia." International Journal of Law, Crime and Justice 36 (2008): 230–46.Razack, Sherene H. “Imperilled Muslim Women, Dangerous Muslim Men and Civilised Europeans: Legal and Social Responses to Forced Marriages.” Feminist Legal Studies 12.2 (2004): 129–74.Szego, Julie. “Under the Cover Up." The Age 9 Oct. 2010. < http://www.theage.com.au/victoria/under-the-coverup-20101008-16c1v.html >.Thrift, Nigel. “But Malice Afterthought: Cities and the Natural History of Hatred.” Transactions of the Institute of British Geographers 30 (2005): 133–50.Tissot, Sylvie. “Excluding Muslim Women: From Hijab to Niqab, from School to Public Space." Public Culture 23.1 (2011): 39–46.Valentine, Gill. “Living with Difference: Reflections on Geographies of Encounter.” Progress in Human Geography 32.3 (2008): 323–37.Wise, Amanda, and Selveraj Velayutham, eds. Everyday Multiculturalism. Houndsmills: Palgrave Macmillan, 2009.YMCA. “VCAT Ruling on Swim Sessions at Dandenong Oasis to Open Up to Community During Ramadan Next Year.” 16 Sep. 2010. ‹http://www.victoria.ymca.org.au/cpa/htm/htm_news_detail.asp?page_id=13&news_id=360›.

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. 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Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.

Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.

In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.

For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.

This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.

Includes bibliography
ENGLISH ABSTRACT: The human security concept challenges the traditional view of state security. The very essence of human security means to respect human rights. The Commission on Human Security did not focus on women as a special area of concern in the 1994 Human Development Report. The report does not recognise that being subject to gender hierarchies increases women’s insecurity and that women experience human security differently from men and shows that the human security concept does not include gender based violence (GBV) because there is no specific attention paid to issues that predominantly pertain to women. This study is conducted from a feminist perspective. It is reflexive research and based on standpoint theory. The data is gathered through analysis of secondary data and primary data, collected through interviews. GBV in South Africa tends to be continuous and the perpetrator is most likely to be a spouse or partner. Studies show that women are seen as being dependent on and weaker than men. Many men view women’s rights legislation as a challenge to the legitimacy of men’s authority over women. Women who try to be more independent in their relationships are regarded as threats and violence against them becomes a way for men to show control. The criminal justice system in South Africa has made progress in protecting women from GBV but myths, stereotypes and social conventions still prevent women from receiving justice. Traditionally, the state regards what happens in the private sphere as outside its responsibility. The public/private dichotomy challenges state regulations and norms which is evident in the case of domestic violence. It is often argued that GBV has remained imperceptible because it takes place in the private sphere. However, this research indicates that due to the socio-economic situation in South Africa, the abuse is often publicly known by those in the immediate environment as people live in informal housing. This research shows that a human security framework that targets GBV has to be developed for those who bear its consequences. When women are not viewed as subjects, issues that mainly affect them remain invisible. It is necessary that analysis of human insecurity starts from the conditions of women’s lives. Many women in South Africa live highly traumatic lives. Fighting GBV requires that we know the victims of GBV and let them decide what they need to feel secure. Creating human security requires that other threats which contribute to GBV, such as poverty, gender stereotypes and prejudice are also addressed. GBV has become an epidemic in South Africa and is a permanent constraint in women’s lives and impacts society as a whole. The security of the state rest on the security of women and as long as the state fails to treat GBV as a serious crime and protect women the state is more likely to use violence on a larger scale against its citizens.
AFRIKAANSE OPSOMMING: Die Menslike Veiligheidskonsept daag die tradisionele siening van staatsveiligheid uit: die kerbetekenis van Menslike Veiligheid is om menseregte te respekteer. Die Kommissie op Menslike Veiligheid het nie op vroue as ‘n spesiale area van kommer gefokus in die Menslike Ontwikkelingsverslag van 1994 nie. Die verslag het daarin gefaal om te erken dat die realiteit van geslags-hiërargieë vroue se insekuriteit verhoog, en dat die ervaring van menslike sekuriteit van mans en vroue verskil. Hierdie navorsing sal toon dat die menslike veiligheidsbegrip nie in staat is om geslags-gebaseerde geweld (GGG) in ag te neem nie, aangesien daar geen spesifieke aandag verleen is aan vraagstukke wat hoofsaaklik op vroue betrekking het nie. Hierdie studie is vanuit 'n feministiese perspektief gedoen. Die navorsing is reflektief en op standpunt-teorie gebaseer. Die data is deur die analise van sekondêre data, asook die gebruik van primêre data i deur middel van onderhoude ingesamel . GGG in Suid-Afrika is geneig om oor ‘n uitgerekte tydperk plaas te vind en die mees waarskynlike oortreders is ‘n eggenoot of lewensmaat. Navorsing toon dat gemeenskappe geneig is om vroue as swakker en afhanlik van mans te sien. Wetgewing op die regte van vroue word deur vele mans as ‘n uidaging van hul legitieme superioriteit, ten op sigte van vroue, gesien. Vroue wat dus onafhanklikheid in hul verhoudings probeer uitoefen, word as bedreigings gesien en geweld word gebruik om hulle “in hul plek te hou”. Die Suid-Afrikaanse kriminele regstelsel het al vordering gemaak in terme van die beskerming van vroue teen GGG, maar mites, stereotipes en sosiale konvensies belemmer steeds die volle gang van die gereg. Die staat het in die verlede die private sfeer as buite sy jurisdiksie gesien. Die openbare/private sfeer digotomie bied uitdagings vir staatsregulering en vir die implementering van regulasies , en dit word veral duidelik in die geval van huishoudelike geweld. Daar word aangevoer dat aangesien GGG in die private sfeer plaasvind, dit onsigbaar bly. Hierdie navorsing het egter bevind dat GGG in die Suid-Afrikaanse konteks dikwels in die openbare gemeenskapsfeer (deur diegene in die onmiddelike omgewing) opgemerk word, omdat baie mense in Suid-Afrika informele nedersettings woon.Hierdie navorsing het verder bevind dat ‘n GGG raamwerk vir menslike veiligheid ontwikkel moet word wat diegene wat die gevolge van GGG dra insluit. Indien vroue nie spesifiek as navorsingssubjekte geag word nie, bly faktore wat hulle spesifiek beïnvloed onsigbaar. Dit is belangrik dat analise van menslike insekuriteit begin om die omstandighede van vrouens se lewens in ag te neem. Vroue in Suid-Afrika leef in hoogs traumatiese omstandighede. In die bestryding van GGG is dit belangrik dat die slagoffers van GGG in ag geneem word en dat dit hulle toelaat om dit duidelik te maak wat hulle onveilig laat voel. Die skep van menslike veiligheid vereis dat bedreigings wat bydra tot GGG, naamlik armoede, geslagstereotipes en vooroordeel , ook aangespreek word. GGG in Suid-Afrika het ‘n epidemie geword, en plaas ‘n permanente beperking op vroue se lewens. Dit het ook ‘n blywende impak op die samelewing as ‘n geheel. Die veiligheid van die staat rus op die veiligheid van vroue. Solank as wat die staat versuim om GGG te bekamp en as ‘n ernstigge misdaad te erken, en vroue nie die beskerming van die staat geniet nie, is daar ‘n hoër moontlikheid vir die gebruik van geweld deur die staat teen sy eie burgers op ‘n groter skaal.

Bibliography: leaves 230-248. This thesis examines the causes and consequences to women who, as a result of their marital of de facto relationship incur debt from their spouse/partner. First, it aims to describe the legal and social construction of sexually transmitted debt through a feminist analysis of the 1998 Australian High Court legal case of Garcia v National Australia Bank Ltd. It aims, second, to contribute to feminist understanding of financial decision-making within households by focussing on those decisions that lead to the accumulation of debt within the domestic sphere.

In this thesis I argue that race, culture and imperialism intersect with gender at the site of refugee law to produce 'racialized and exotic others.' These exotic others are refugee women whose differences from refugee decision makers in destination countries are made crucial to their refugee claims by refugee lawyers, decision makers and the system of refugee determination. I use a comparative methodology to examine the gender guidelines for refugee decision makers and selected key cases from Canada, the United States and Australia. The gender guidelines represent a human rights approach to refugee law. I critique the guidelines and relevant cases from an anti-essential ist perspective informed by postcolonial, feminist and critical race theory. My discussion is organized by contrasting 'exotic harms,' transgression of social mores and female genital cutting, with treatment of 'familiar harms', domestic violence and sexual assault. I aim to show how the distinctions between the exotic and the familiar are founded on orientalist notions about other women in other places. I seek to suggest strategies for refugee advocates, decision makers and academic lawyers to avoid perpetuating orientalist notions of other countries and other cultures. I conclude, however, that refugee law is a limited project whose solutions to the problems faced by refugee claimants can only ever be incomplete.
Law, Peter A. Allard School of
Graduate

Bibliography: leaves 309-330.
x, 330 leaves : map ; 30 cm.
Title page, contents and abstract only. The complete thesis in print form is available from the University Library.
Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1996

Thesis (L.L.M.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.
The non-consensual destruction of a nasciturus is a disturbing societal phenomenon that negatively permeates the lived realities of pregnant women with positive maternal intention. These women choose to experience a full term gestation and they choose to give birth to a live and healthy infant. At some point during their gestation they are non-consensually deprived of their choices through active third party violence by commission or passive third party negligence by omission. These women have no legal recourse for their loss, because in South African law, the non-consensual destruction of a nasciturus is not a crime. The nasciturus is not recognised as a victim separate from the pregnant woman despite the manner in which the pregnant woman freely chooses to interpret her pregnancy. The consensual destruction of a nasciturus enjoys legal protection in South African law by virtue of the provisions contained in the Choice on Termination of Pregnancy Act 92 of 1996. The choice to terminate a pregnancy is therefore legally recognised in South African law, whereas the choice to continue a pregnancy is not legally recognised. Argument is advanced in this dissertation for the legal recognition of the choice to continue a pregnancy by criminalising non-consensual nascitural destruction through the creation of a Choice on Continuation of Pregnancy Act. Non-Consensual nascitural destruction occurs as a result of violence against pregnant women as well as in situations of medical negligence. Empirical data is provided to demonstrate how non-consensual nascitural destruction can occur in medical settings where negligence is suspected. The inherent human need to safeguard and protect the nasciturus has been in existence since time immemorial. Despite this need, in South African law, legal subjectivity, and the ability to be recognised as a separate victim of crime, remain contingent upon a live birth. Evidence suggests that the requirement of live birth in law developed as an evidentiary mechanism and not as a substantive rule of law. Its relevance in circumstances of non-consensual nascitural destruction is doubtful at best. The law in South Africa has failed to take cognisance of the psychosomatic dimensions of personhood and argument is advanced in favour of a nuanced and constitutionally sensitive approach to matters of moral as well as legal personhood. Authentic female autonomy and reproductive freedom requires a re-evaluation of the paradigms that surround nascitural safeguarding and protection, and a transformative approach to constitutional interpretation. The establishment of a legislative scheme to criminalise the nonconsensual destruction of a nasciturus is proposed. Within this legislative scheme certain precautions and fortifications are suggested in order to avoid any potential erosion of the rights of pregnant women who have negative maternal intention. It is demonstrated that it is in fact possible for pregnant women with positive maternal intention and pregnant women with negative maternal intention to both enjoy legal protection without encroaching upon one another’s constitutional rights to reproductive freedom, bodily autonomy and privacy. It is contended that achieving the aforementioned is the final barrier to authentic female reproductive freedom in South Africa.