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Tatz MIC Castan Essay Dec 2011
Indigenous Human Rights and History: occasional papers Series Editors: Lynette Russell, Melissa Castan The editors welcome written submissions writing on issues of Indigenous human rights and history. Please send enquiries including an abstract to arts- [email protected]. ISBN 978-0-9872391-0-5 Genocide in Australia: By Accident or Design? Colin Tatz © Indigenous Human Rights and History Vol 1(1). The essays in this series are fully refereed. Editorial committee: John Bradley, Melissa Castan, Stephen Gray, Zane Ma Rhea and Lynette Russell. Genocide in Australia: By Accident or Design? Colin Tatz © Colin Tatz 1 CONTENTS Editor’s Acknowledgements …… 3 Editor’s introduction …… 4 The Context …… 11 Australia and the Genocide Convention …… 12 Perceptions of the Victims …… 18 Killing Members of the Group …… 22 Protection by Segregation …… 29 Forcible Child Removals — the Stolen Generations …… 36 The Politics of Amnesia — Denialism …… 44 The Politics of Apology — Admissions, Regrets and Law Suits …… 53 Eyewitness Accounts — the Killings …… 58 Eyewitness Accounts — the Child Removals …… 68 Moving On, Moving From …… 76 References …… 84 Appendix — Some Known Massacre Sites and Dates …… 100 2 Acknowledgements The Editors would like to thank Dr Stephen Gray, Associate Professor John Bradley and Dr Zane Ma Rhea for their feedback on earlier versions of this essay. Myles Russell-Cook created the design layout and desk-top publishing. Financial assistance was generously provided by the Castan Centre for Human Rights Law and the School of Journalism, Australian and Indigenous Studies. 3 Editor’s introduction This essay is the first in a new series of scholarly discussion papers published jointly by the Monash Indigenous Centre and the Castan Centre for Human Rights Law. -
The Making of White Australia
The making of White Australia: Ruling class agendas, 1876-1888 Philip Gavin Griffiths A thesis submitted for the degree of Doctor of Philosophy of The Australian National University December 2006 I declare that the material contained in this thesis is entirely my own work, except where due and accurate acknowledgement of another source has been made. Philip Gavin Griffiths Page v Contents Acknowledgements ix Abbreviations xiii Abstract xv Chapter 1 Introduction 1 A review of the literature 4 A ruling class policy? 27 Methodology 35 Summary of thesis argument 41 Organisation of the thesis 47 A note on words and comparisons 50 Chapter 2 Class analysis and colonial Australia 53 Marxism and class analysis 54 An Australian ruling class? 61 Challenges to Marxism 76 A Marxist theory of racism 87 Chapter 3 Chinese people as a strategic threat 97 Gold as a lever for colonisation 105 The Queensland anti-Chinese laws of 1876-77 110 The ‘dangers’ of a relatively unsettled colonial settler state 126 The Queensland ruling class galvanised behind restrictive legislation 131 Conclusion 135 Page vi Chapter 4 The spectre of slavery, or, who will do ‘our’ work in the tropics? 137 The political economy of anti-slavery 142 Indentured labour: The new slavery? 149 The controversy over Pacific Islander ‘slavery’ 152 A racially-divided working class: The real spectre of slavery 166 Chinese people as carriers of slavery 171 The ruling class dilemma: Who will do ‘our’ work in the tropics? 176 A divided continent? Parkes proposes to unite the south 183 Conclusion -
Our Cup Runneth Over | 431
1987 – Our cup runneth over | 431 1987 Our cup runneth over Life-stories from Fremantle go national Per Henningsgaard Fremantle was a busy place in the lead-up to 1987. Four years earlier, an Australian yachting syndicate skippered by John Bertrand, bankrolled by Perth businessman Alan Bond, and armed with a secret weapon – the controversial winged keel – had wrenched the America’s Cup away from the New York Yacht Club, where the trophy had, until then, resided for an unbroken 132-year stint. A nation that reserved most of its sporting attention for cricket and various football codes was momentarily enthralled by this historic win. The Prime Minster of the day was memorably recorded on television declaring an unofficial public holiday: “Any boss who sacks anyone for not turning up today is a bum,” Bob Hawke eloquently proclaimed. (Hawke had a personal appreciation for record-breaking feats: he boasted a world speed record in beer drinking as a university student). Quickly, sleepy Fremantle, a port town in Western Australia not far from Perth and better known for its well-heeled hippies and stevedores than yachting prowess, found itself at the centre of massive infrastructure projects funded by government and private sources. Following Fremantle’s lead, the State itself was rebranded. Vehicle registration plates no longer incongruously decreed it “The Wildflower State” and “The State of Excitement.” Instead, Western Australia was declared “Home of the America’s Cup.” It was a heady claim that could be made for a short time only; the Cup was lost in 1987 when “Stars and Stripes 87” trounced “Kookaburra III.” Fremantle’s status as the address of the America’s Cup was fleeting, and with it vanished the port town’s claim to have originated a story big enough to capture the nation’s imagination and alter the State’s image. -
Dislocating the Frontier Essaying the Mystique of the Outback
Dislocating the frontier Essaying the mystique of the outback Dislocating the frontier Essaying the mystique of the outback Edited by Deborah Bird Rose and Richard Davis Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] Web: http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Dislocating the frontier : essaying the mystique of the outback. Includes index ISBN 1 920942 36 X ISBN 1 920942 37 8 (online) 1. Frontier and pioneer life - Australia. 2. Australia - Historiography. 3. Australia - History - Philosophy. I. Rose, Deborah Bird. II. Davis, Richard, 1965- . 994.0072 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Indexed by Barry Howarth. Cover design by Brendon McKinley with a photograph by Jeff Carter, ‘Dismounted, Saxby Roundup’, http://nla.gov.au/nla.pic-vn3108448, National Library of Australia. Reproduced by kind permission of the photographer. This edition © 2005 ANU E Press Table of Contents I. Preface, Introduction and Historical Overview ......................................... 1 Preface: Deborah Bird Rose and Richard Davis .................................... iii 1. Introduction: transforming the frontier in contemporary Australia: Richard Davis .................................................................................... 7 2. -
Chapter Eleven Mabo and the Fabrication of Aboriginal History
Chapter Eleven Mabo and the Fabrication of Aboriginal History Keith Windschuttle Let me start by putting a case which, to The Samuel Griffith Society, might smack of heresy. There are two good arguments in favour of preserving the rights of the indigenous peoples who became subjects of the British Empire in the colonial era. The first is that, since 1066, British political culture has been committed to the “continuity theory” of constitutional law, in which the legal and political institutions of peoples who were vanquished, rendered vassals or subsumed by colonization were deemed to survive the process. Not even their conquest, John Locke wrote in his Second Treatise of Government, would have deprived them of their legal and political inheritance.1 So, after colonisation, indigenous peoples would have retained their laws and customs until they voluntarily surrendered them. The second argument is that the previous major decision in this field, by the Privy Council in 1889, was based on the assumption that, when New South Wales became a British colony in 1788, it was “a tract of territory practically unoccupied”. This is empirically untrue. At the time, there were probably about 300,000 people living on and subsisting off the Australian continent. Under any principle of natural justice, the Privy Council should have started by recognizing this. According to a forthcoming book on the history of Australian philosophy by James Franklin, provocatively entitled Corrupting the Youth, the Mabo decision derived primarily from the Catholic doctrine -
Drawing Inferences in the Proof of Native Title – Historiographic and Cultural Challenges and Recommendations for Judicial Guidance
DRAWING INFERENCES IN THE PROOF OF NATIVE TITLE – HISTORIOGRAPHIC AND CULTURAL CHALLENGES AND RECOMMENDATIONS FOR JUDICIAL GUIDANCE SCOTT SINGLETON N2076357 BA, LLB (Qld), LLM (Hons) (QUT), Grad Dip Mil Law (Melb) Solicitor of the Supreme Court of Queensland Legal Practitioner of the High Court of Australia Submitted in fulfillment for the degree of Doctor of Juridical Science SUPERVISOR: PROFESSOR BILL DUNCAN ASSOCIATE ASSOCIATE PROFESSOR BILL DIXON SUPERVISOR: EXTERNAL PROFESSOR JONATHAN FULCHER (UQ) SUPERVISOR: Faculty of Law Queensland University of Technology 2018 KEYWORDS Evidence - expert witnesses - historiography - inferential reasoning - judicial guidance - law reform - native title - oral evidence - proof of custom 2 | P a g e ABSTRACT On 30 April 2015, the Australian Law Reform Commission (ALRC) delivered its report Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Connection Report). The terms of reference for the inquiry leading up to the ALRC Connection Report included a request that the ALRC consider “what, if any, changes could be made to improve the operation of Commonwealth native title laws and legal frameworks,” including with particular regard to “connection requirements relating to the recognition and scope of native title rights and interests.” Amongst its recommendations, the ALRC Connection Report recommended guidance be included in the Native Title Act 1993 (Cth) regarding when inferences may be drawn in the proof of native title, including from contemporary evidence. To date, this recommendation has not been taken up or progressed by the Commonwealth Government. This thesis therefore develops such “Inference Guidelines” for the purposes of the proof of connection requirements in native title claims, in the form of a “Bench Book.” This thesis identifies various motivations for ensuring comprehensive, consistent and transparent guidelines for drawing inferences from historically-based sources of evidence. -
THE FABRICATION of ABORIGINAL HISTORY Photo – David Karonidis Keith Windschuttle
20 THE FABRICATION OF ABORIGINAL HISTORY Photo – David Karonidis Keith Windschuttle For some years, controversy has surrounded the history of Australia’s earliest white settlement and the treatment of the Indigenous Australians. Historian Keith Windschuttle has now provoked new questioning in his latest book – The Fabri- cation of Aboriginal History (Macleay Press) where he has challenged much of the evidence previously used by historians in this field. Keith Windschuttle addressed The Sydney Institute on Tuesday 11 February 2003 THE SYDNEY PAPERS SUMMER 2003 21 THE FABRICATION OF ABORIGINAL HISTORY Keith Windschuttle Over the past 30 years, university-based historians of Aboriginal Australia have produced a broad consensus. They have created a picture of widespread killings of blacks on the frontiers of settlement that not only went unpunished but had covert government support. Some of the Australian colonies engaged in what the principal historian of race relations in Tasmania, Lyndall Ryan, has called “a conscious policy of genocide”. In Queensland, according to the University of Sydney historian, Dirk Moses: “… the use of government terror trans- formed local genocidal massacres by settlers into official state-wide policy”. The expatriate Australian Ben Kiernan, who is director of the genocide studies program at Yale University, writes that nineteenth century Australian colonists mounted numerous punitive expeditions against the Aborigines in which they committed “hundreds of massacres”. In Central Australia, Kiernan claims 40 per cent of the indigenous population was shot dead. In Queensland, the Aborigines “were hunted like wild beasts, having lived for years in a state of absolute terror of white predators”. For most of my adult life I was a true believer of this story. -
September 2010
VOLUME 34, NO. 2 / SEPTEMBER 2010 www.pymblelc.nsw.edu.au Caring for our environment 4408240824 Pymbulletin_Ed2-10.inddPymbulletin_Ed2-10.indd 1 331/8/101/8/10 22:36:17:36:17 PMPM Contents Page Principal’s Pen ................................................................... 2 Australian Indigenous Education Foundation (AIEF) launch Principal’s Pymble saves endangered zones .................................... 3 Preparatory School ........................................................... 4-5 Pen Junior School ..................................................................... 6-7 Oarsome rowing at HOPE Regatta ................................... 8 Vicki L Waters Academic Opportunities ................................................... 9 At Pymble Ladies’ College we are deeply committed to service, - Pymble student in Olympiad contribution and giving back to the community. With regards to - WOW Day community service I am proud to say that at Pymble we really do - Spicks and Spooks ‘walk the talk’! Performance and the Arts ................................................. 10-11 A passion and energy to serve the community and to do well in - Three Choirs Festival all endeavours is what life at Pymble is all about. It is a delight to - Dame Joan Hammond Recital witness the proactive initiatives of our students, ex-students, staff - Pymble Masterchef 2010 and parents in these areas. - Year 11 Visual Arts on show As members of a global community our service to those requiring - Two Weeks with the Queen assistance extends far and wide. On the home front, the entire - Wool fashion awards College gathered on the main oval in May to raise funds for the Community Service ........................................................... 12-13 Cancer Council, Year 7 students raised money for Westmead - Biggest Morning Tea Children’s Hospital and students have competed in the Balmoral - Oaktree Seedgroup raises money Burn in support of the Humpty Dumpty Foundation. -
Of a 'Contested Ground' and an 'Indelible Stain'
Of a ‘contested ground’ and an ‘indelible stain’: a difficult reconciliation between Australia and its Aboriginal history during the 1990s and 2000s Lorenzo Veracini This article proposes an interpretative narrative of the evolution of Aboriginal history as a scholarly enterprise during the 1990s and in more recent years.1 The 1990s were characterised by attempts to synthesise the interpretative traditions resulting from pre- vious decades of scholarly activity. In more recent years, the debate has shifted dramatically, dealing specifically with the genocidal nature of white Australia’s policy towards Aboriginal peoples. The most important passages in this process are associated with the 1992 Mabo decision by the Australian High Court and the publication of the Bringing them home report of 1997.2 During the 1990s, the relationship between particular political shifts and related historical writings in Australia was comprehensively transformed and became much more direct. The writing and interpretation of history have commonly been a site for direct political contestation, but in the 1990s political agendas became an informing fea- ture of historiographical debates more than in previous decades.3 One outstanding example of this tendency is John Howard’s successful domination of the political scene — an ascendancy based also on an explicit and unambiguous effort to ‘reconquer’ his- tory for the Liberal camp.4 In this context, an array of conservative opinions has challenged academic discourse. Nonetheless, both academic commentators and Aboriginal people successfully linked the ‘unsurrendered’ character of native title and, later, of Aboriginal sovereignty to both the resistential and the collaborative practices of 1. My review is selective. -
Remembering the Debate About Massacre in the Black War in Tasmania
Coolabah, Vol.3, 2009, ISSN 1988-5946 Observatori: Centre d’Estudis Australians, Australian Studies Centre, Universitat de Barcelona ‘The long shadow of remembrance’: Remembering the debate about massacre in the Black War in Tasmania Lyndall Ryan Copyright ©2009 Lyndall Ryan. This text may be archived and redistributed both in electronic form and in hard copy, provided that the author and journal are properly cited and no fee is charged Abstract: The Black War in Tasmania 1823-1834, is widely accorded by historians as one of the best documented of all Australia’s colonial frontier wars. Yet debate still rages about whether massacre was its defining feature and whether it accounted for the deaths of many Aborigines. As Keith Windschuttle pointed out in 2002, this is an important debate because it reflects on the character of the Australian nation and the behaviour of its colonial forbears in seizing control of Aboriginal land. To understand how the debate took shape and where it stands today, this paper reviews its origins in 1835 and then shows how it was played out over three historical periods: 1835- 1870; 1875-1939; and 1948-2008; by focussing on the key protagonists and how they used the available sources and methods and explanatory frameworks to make their case. The paper finds that in the first period, the belief in widespread massacre dominated the debate, drawn from oral testimony from the victorious combatants. In the second period, the belief in massacre denial took hold, based on the doctrine of the self-exterminating Aborigine. In the third period however, the protagonists engaged in a fierce contest for control of the debate. -
Denial, Modernity and Exclusion: Indigenous Placelessness in Australia Paul Havemann
Macquarie Law Journal (2005) Vol 5 57 DENIAL, MODERNITY AND EXCLUSION: INDIGENOUS PLACELESSNESS IN AUSTRALIA * PAUL HAVEMANN I INTRODUCTION Colonisation is a key feature of modernity. The imperatives of modernity are space- conquering economic growth and its attendant processes of statist order building. Indigenous peoples, with their place-based, sustainable, state-free social order, have been chronic obstacles to modernisation to be overcome by whatever means – typically by violence concealed behind liberal legalities. The legal fiction that Australia was terra nullius (land of no one) justified the territorial acquisition of this continent and expropriation of Australia’s Indigenous people, denied their personhood, culture and governance systems, and legitimated their exclusion from most benefits of modernisation. The violence of this exclusion has been masked by law and ideologically managed by official and institutional denial. This article focuses on explaining the centrality of exclusion to modernity, and the consequences of exclusion still manifest in the placelessness of Australia’s Indigenous citizens and their de facto designation as non-citizens. Denial, as conceptualised by Stanley Cohen, is the process whereby atrocities are neutralised, normalised, legitimised or rendered invisible by being blocked out of consciousness and conscience. Such denial involves denial of knowledge, denial of feeling, denial of responsibility, and/or inaction in the light of knowledge.1 Acknowledgment, the first step toward the remediation of atrocities,2 -
Database of Influential British Army Officers in the Australian Colonies Who Were Veterans of the Peninsular War, and Their Cohort
Appendix I: Database of Influential British Army Officers in the Australian Colonies who were Veterans of the Peninsular War, and their Cohort Name Regiment Date Where Comment Death Arrival Allman, Francis 48th April Sydney 1860 Yass 1818 NSW Anderson, 78th, 24th, 1834 Sydney sold 1877 Melb. Joseph 50th £6,000 Anderson, Surgeon 1819 Sydney 1850 Sydney Matthew Antill, 73rd 1810 Sydney 1852 Sydney Henry C. Balfour, 40th 1825, Sydney, 1838 William 1826 VDL London Barker, Collett 39th Feb. Sydney 1831 South 1828 Aust. Barney, Royal 1835, Sydney sold 1862 Sydney George Engineers 1846 1846 Bayly, 21st 1824 VDL 1840 1850 Maria Benjamin Island Bell, Thomas 48th 1817 Sydney 1866 England Bishop, Peter 5th, 40th 1824 Sydney Ireland Blomfield, 48th 1817 Sydney sold 1857 Sydney Thos. V. 1825 Bourke, 2ndQM 1831 Sydney General 1855 Ireland Richard General; 1851 64th Boyd, Royal Staff 1829 VDL 1871 UK Edward Corps Boyes, G.T.W.B. Commissariat 1824 Sydney DACG 1853 1813 Tasmania (continued) 179 180 Appendix I Name Regiment Date Where Comment Death Arrival Brisbane, Sir 38th, 69th Nov. Sydney General 1860 Thomas 1821 1841 Edinburgh Brotheridge, 48th Reg. 1817 Sold in 1827 NSW Thomas India Bunbury, 90th, 80th 1837 Sydney England Thomas Butler, James 40th Ens.07 1824 Sydney 1840 Lt.09 Tasmania Cameron, 92nd, 3rd 1821 Hobart Comm. 1827 India Charles Port Dalrymple Cheyne, Royal Eng. 1834 W.A. Sold 1833 1858 VDL Alexander Childs, Joseph Royal 1843 Norfolk 1870 Marines Island Cornwall UK Cimitiere, 48th Cp04 Sept. Sydney GM 1842 Jersey Gilbert BMaj11 1817 Albuera UK Close, Edward 48th Aug.