MIGRATION ACTION

Vol. XVIII, Number 2 LIBRARY October, 1996 ®0™E;iHOOD°f SI LAURENCE 67 BRUNSWICK STREET FITZROY VICTORIA 3065

Citizenship

One nation, many cultures A Selection from the CHOMI Bookshop

B01 Behind the lines by Peter George: ABC, 1996, 229pp. $17.95

B02 Journeys to justice by Phillip Hunt: Harper Collins, 1996 $16.95

B03 Miracle of the waters by Zeny Giles: Giles, 1996 reprint, 141pp. Price on request

X01 Cutting the rose: female genital mutilation: the practice and its prevention $49.95 by Efua Dorkenoo: Minority Rights, 1995

X02 Claiming a continent by David Day: Angus & Robertson, 1996, 487pp. $19.95

X03 Demidedenko file by John Jost et al.: Penguin, 1996, 300pp. $14.95

X04 The Indochinese in Australia: from burnt boats to barbecues $24.95 by Nancy Viviani: Oxford Press, 1996, 207pp.

X05 Aboriginal sovereignty by Henry Reynolds: Allen & Unwin, 1996, 221pp. $17.95

X06 1788 edited by Watkin Tench with an introduction $16.95 by Tim Flannery: Text Publishing, 1996, 276pp.

X07 Wogfood: an oral history with recipes by John Newton: Random House, $24.95 1996, 240pp.

X08 Women’s business by Chris Kenny: Duffy & Snellgrove, 1996 $19.95

W01 Eating fire and drinking water $16.95 by Arlene J. Chai: Random House, 1996, 551pp.

W02 In our own day by Matthew Karpin: New Endeavour Press, 1996, 144pp. $14.95

W03 A stranger here by Gillian Bouras: Penguin, 1996, 247pp. $16.95

MAP 78 The development of migrant settlement and welfare in Australia Price on by Kimba F. Chu: CHOMI, 1996 request

MAP 79 Childbirth experiences: women from the Horn of Africa Price on by Roslyn Macvean and Caroline Kop: CHOMI, 1996 request

MAP 80 Joining the grand-children: the life, health, and use of medicine amongst Price on elderly Korean immigrants in Australia by Gil Soo Han: CHOMI, 1996 request

Purchases from the CHOMI Bookshop may be made by phone on (03) 9416 0044 or fax(03) 9416 1827 or by mail to the Ecumenical Migration Centre, PO Box 1389 Collingwood Victoria, 3065.

Please note that prices are subject to change. / igration A ction MIGRATION ACTION Contents VO L XVIII, NUMBER 2, Immigrants, Australian citizenship and national identity OCTOBER 1996 John Goldlust and Trevor Batrouney...... 3 ISSN: 0311-3760 Citizenship and Constitutional reform: a just republic — or just a republic? Migration Action Michael Salvaris...... 9 is published by the Ecumenical Migration Centre, The Politics of Difference 161 Victoria Pde, Collingwood, Jose Simsa...... 15 Victoria, Australia, 3066. Citizenship in Australia: an indigenous perspective Tel:+61 3 9416 0044 Fax: +61 3 9416 1827 Michael Dodson...... 17

EMC is a non-government agency which, through Australian Citizenship: What does it mean today? its welfare, educational, project and community Kim Rubenstein...... 22 work fosters the development of Australia as a multicultural society. The centre has been working Who are the Citizens? with migrants since 1962. Margaret Thornton...... 26 Its work is diversified, from community service Public journalism, public participation and Australian Citizenship and development to social action and community education. Cratis Hippocrates and Clem Lloyd...... 30 Within a framework of ensuring equal access and Citizens of the world or citizens of a community: Just where is the rights for all Australian society, EMC provides Internet heading? counselling services and community development Larry Stillman...... 35 activities to a number of ethnic communities, both established and newly arrived. Double fascination: identity and citizenship of Iranian women in EMC also initiates research towards an understand­ Perth ing of a range of issues, and promotes change Nezhat Toolo & Siavash Shakibaee...... 37 where necessary. EMC operates a Documentation Centre comprising a library, a bookshop and a publishing house, for­ merly the Clearing House on Migration Issues (CHOMI), This is an unique information centre on migrant, refugee and ethnic issues. The library holds over 40,000 documents and 250 periodicals which are used by students, teachers, government departments, community organisations and other seeking up-to-date information and undertaking research.

Editorial Committee: Basil Varghese, Kathy Laster, Anne Seitz, Glen Coomber, Margret Holding, Kimba Chu, Hugh Martin and Vivian Papaleo

Editing, design and production: Ecumenical Migration Centre Printing: Art Offset

It is not the intention of this journal to reflect the opinions of either the staff or the committee of EMC. In many matters this would be difficult to ascertain, nor do the editors think it desirable. The aim of the journal is to be informative and stimulating through its various articles, sug­ gestions and comments.

SUBSCRIPTION RATES: (per volume of 3 issues) — $20.00 (EMC member) — $25 (Student) —$36.00 (Individual) — $45.00 (Institutions) — $50.00 (Abroad) — Single issue: $8.00

OCTOBER 1996 1 D I TO RI A L One nation, many cultures

In recent years we, in Australia, have been known to In this issue of Migration Action John Goldlust and boast that we have perfected multiculturalism, after- Trevor Batrouney put citizenship in Australia in a all, we are a nation made up of many cultures. We are historical context for us and begin to explore why the a tolerant people accepting of the many new peoples immigrant might decide to become a citizen. Michael who come to our shores wanting to make Australia Salvaris looks at the possibilities for constitutional their home. Our ancestors, if not ourselves, originally reform and democratic citizenship in Australia. came from another country. We enjoy the foods, drive the cars, watch the films which originate from Michael Dodson points out that before 1967 Aborig­ different lands, we are well-travelled and consider inal and Torrres Strait Islander peoples were denied ourselves ‘cultured’. citizenship in their own land and he draws our atten­ tion to the fact that as this nation’s First Peoples the In recent times we have uncovered the weak link in participation of Indigenous peoples is imperative in that chain that binds the numerous cultures that are any discussion on citizenship. now contributing to the development of the ‘Austral- ianness’. We have, in fact, shown ourselves not only Kim Rubenstein examines the three conceptions of to be intolerant but potentially unaccepting of that citizenship in Australia today - the legal status of the which we do not understand and feel threatened by. individual, his or her participation and membership in a democratic community and citizenship as akin to Having the citizenship of a particular country gener­ civic virtue and civic knowledge. Margaret Thornton ally means you are recognised officially and asks whether the law treats all citizens equally and accepted as a member of that country, with certain finds that it can often discriminate against the most rights and responsibilities. vulnerable in our community.

From this time forward, under God,1 Cratis Hippocrates and Clem Lloyd ask whether I pledge my loyalty to Australia and its people, ‘public journalism’ is happening in Australia as is whose democratic beliefs / share, being experienced in the United States. Larry Still­ whose rights and liberties I respect, and man looks at the use of the Internet and where it is whose laws I will uphold and obey. heading, and as the world around us shrinks he asks if we are citizens of the world or citizens of a com­ Every time an immigrant decides to become a citizen munity. of Australia he makes this pledge of commitment as a citizen of the Commonwealth. 1 2. Lastly, Nezhat Toolo and Siavash Shakibaee take a look at one particular cultural group, Iranian women Why should the new arrival consider becoming an living in Perth, their search for identity and what cit­ Australian? izenship means to them.

1. The new citizen has the choice of making the pledge with or without Vivian Papaleo the words “under God”. on behalf of 2. Fact Sheet, Department of Immigration and Multicultural Affairs, Sep­ tember 1996. The Editorial Committee.

Front cover: Newly naturalised citizens being addressed by the Mayor of Manly, Aid. J.W.A. Paton January 1961. (Department of Immigration and Multicultural Affairs photograph) Photos: EMC thanks the Department o f Immigration and Multicultural Affairs for permission to reprint photographs on pages 11 and 27 from the DIMA Photographic Archive collection.

2 OCTOBER 1996 / igration A ction Immigrants, Australian citi= zenship and national identity1

John Goldlust and Trevor Batrouney tion’ and, again in the early 1980s, by the adoption of the broad policy of ‘multiculturalism’. The early years of this Historical background period also coincided with the final abandonment of the last vestiges of the ‘White Australia’ policy as evidenced 1949-66: Australian citizenship as a symbol of mem­ by the shift, from 1973, to an immigration policy of non­ bership in the ‘Anglo-Australian’ nation discrimination on the basis of race, colour or nationality.

In the late 1940s the Australian Government committed In the two decades since, an increasing number and pro­ itself to a substantial future intake of non-British settlers. portion of Australia’s annual immigration intake have This decision coincided with the passing of the Nationality come from Asia and the Middle-East with, particularly in and Citizenship Act 1948 (which came into effect on 26 recent years, a corresponding decline in settlers from the January 1949) that created the new status of ‘Australian United Kingdom and Europe. In 1991, out of a total popu­ citizen’, distinct from, but co-existent with, that of ‘British lation of around 17 million, 22.3% of Australia’s residents subject’. Apart from automatically conferring Australian were born overseas. Of the 3.75 million overseas-born per­ citizenship to all persons born in Australia who previously sons resident in Australia, a little under one third were born held (and continued to hold) British subject status, and had in the United Kingdom or Ireland, about 30% elsewhere in resided permanently in Australia for at least five years pre­ Europe, and just over 18% in an Asian country. vious to the date of enactment, the legislation also spelt out the mechanisms through which overseas-born permanent Also, from the late 1960s onwards there were continuous residents of Australia could apply to become Australian and significant alterations made to Australia’s citizenship citizens. law and practice. The cumulative changes over recent dec­ ades reflect a general movement from an Anglo-Celtic However, for most of the following two decades the basic mono-cultural conception of citizenship to one that recog­ tenets of ‘White Australia’ remained undisturbed. Thus, nises the multicultural character of the Australian commu­ resident non-Europeans continued to remain ineligible to nity, encourages a broader basis for inclusion and seeks to apply for naturalisation until 1956, and, even then, while broaden access to all the rights that accompany Australian for others the residential qualifying period was five years citizenship (Jordens, 1995). Of particular significance in Australia prior to application, for non-Europeans it was were: fifteen years. Until the 1960s — a decade that saw a wider range of citizenship rights extended to indigenous Austral­ • the removal, beginning in 1973, of the previously ians and the first serious cracks in the previously broadly- favoured status formerly accorded to British subjects; based support for the White Australia Policy — the con­ cept of Australian citizenship continued to be understood • changes in 1984 to the ‘language test’ requirement in strongly ethnic terms. to qualify for Australian citizenship, from ‘adequate knowledge of the English language’ to ‘basic knowl­ 1967-90: Broadening access to Australian citizenship edge of English’; and,

By the late 1960s, in response to changing social realities • the progressive reduction in the minimum residen­ that were increasingly more apparent after several decades tial requirement for most non-British settlers seeking of non-British immigration, the ‘official’ settlement policy citizenship from 5 years, in 1949, to 2 years (applicable of assimilation was replaced, first by the notion of ‘integra­ uniformly to most immigrants irrespective of country of origin) in 1984.

1. This paper incorporates a considerable amount of information and material included in a recently published booklet written by one of the In 1988, the Committee to Advice on Australia’s Immigra­ authors: Goldlust, J. 1996, Understanding Citizenship in Australia, tion Policies (CAAIP) noted with concern that more than AGPS, Canberra. one million eligible immigrants had chosen not to take up

OCTOBER 1996 3 Australian citizenship. Their report included the recom­ years resident in Australia. As the period of residency mendation that the government consider if certain privi­ increases, the rate of citizenship also increases. In 1991, of leges (access to social benefits in particular) extended to all overseas-born persons in Australia 2-3 years, 22.7% had permanent residents, should in future be limited solely to become citizens, while for the group who had been here 4- citizens (Fitzgerald Report 1988, pp. 18—-20). The pro­ 5 years the rate had increased to 50.0%. Overall, the pro­ posal was rejected by the government on the grounds that portion of overseas-born taking up citizenship begins to the decision to become an Australian citizen should remain rise sharply after about 3 years in Australia and is highest a free choice of the applicant, reflecting the individual’s for overseas-born persons who have been resident in Aus­ positive commitment to Australia, a decision supported in tralia for more than 20 years (73.1 pert cent). In 1991 more the findings of a later Government report (Joint Standing than 70% of all eligible persons resident in Australia for 6 Committee on Migration 1994). years or more had become citizens.

The Prime Minister designated 1989 as the Year of Citizen­ The fastest and highest rates of taking up Australian citi­ ship and this was supported by a major publicity campaign zenship are among refugee groups (both those who arrived and measures to facilitate applications for citizenship. The earlier from Eastern Europe and more recently from Indo- aims were to promote the concepts of citizenship and to China), immigrants from Mediterranean and from eco­ encourage qualified migrants to take up Australian citizen­ nomically less developed countries (‘Third World’ immi­ ship. This promotion proved successful as, in 1988-9, grants). A consistent trend in Australia has been for there was a 45% increase in the number of immigrants refugee settlers, more so than others, to take up citizenship granted Australian citizenship. as soon as they become eligible to do so. Thus, the Austral­ ian citizenship rate is uniformly high for the ‘cold war’ ref­ Who takes up Australian citizenship? ugee groups of previous decades from the Ukraine, Baltic States, Hungary, Czechoslovakia, [former] Yugoslavia, In the four decades following the creation in 1948 of a dis­ Poland. The pattern has continued among the more tinctive Australian citizenship, more than 5 million immi­ recently arrived refugee groups from Indo-China. In 1991, grants settled in Australia. Over this period a majority of the rate of Australian citizenship was 90% for the Laos- overseas-born settlers have chosen to take up Australian born, 85% for the Viet Nam-born and 83% for the Cambo- citizenship. In the period 1986-94 the proportion of the dia-born (see Table 1). Some refugee immigrants may overseas-born population who were Australian citizens actively seek to dispense with previous citizenship as soon increased from 65% to 71% (BIMPR 1995). as legally possible to prevent their former country gaining access to them and/or imposing unwanted obligations on In international terms, comparisons from the mid-1980s them. This trend is not restricted to those who settle in Aus­ suggest that, of selected high immigration countries, the tralia. A recent study compared the take-up of citizenship overseas-born residents of Australia have been taking up by naturalisation in six countries of high immigration and citizenship at a slightly lower rate than those in Canada, found that ‘refugees in general but above all refugees from but a higher rate than those in the USA or Sweden (Bru­ [former] Communist countries... have very high rates. baker 1989, p. 119). Asians, refugees or not, have the highest rates in the United States’ (Brubaker 1989). There would seem to be sound Summary of patterns of taking up Austral­ practical reasons why refugee groups in particular, but also ian citizenship other immigrant groups such as the Hong Kong-born, include a high proportion who apply for citizenship as soon A number of previous research studies in Australia have as they become eligible. A considerable number who reported that some overseas-born groups take up citizen­ arrive as refugees are stateless having lost the rights asso­ ship at faster rates than others (Evans 1988; BIR 1990; ciated with their former citizenship. Also, people who have BIMPR 1995). In general, both census data and survey departed their former country in response to political ten­ sample studies consistently confirm the following patterns. sion, social unrest or perceptions of an uncertain future, are often keen to forge a new identity in a new land. After 20 years of residence more than three-quarters of immigrants from the majority of birthplace groups have Australian citizenship rates for immigrants born in Europe chosen to become Australian citizens. Indeed, analysis of were generally high, but there was a noticeable trend data from the 1991 Census affirms that, among overseas- towards slightly lower rates for some Western European born settlers, the characteristic most strongly associated birthplace groups. In the main, immigrants from Central with taking up of Australian citizenship was the number of and Western European countries tend to be slower to take

4 OCTOBER 1996 M igration A ction up Australian citizenship, but their overall rate increases significantly after 10-15 years residence in Australia. TABLE 1. Percentage of people by birthplace who become Australian citizens, 1991 census3 Immigrants from English-speaking countries are the least Canada 57% Chile 57% likely to take up Australian citizenship, and settlers from El Salvador 57% some other Commonwealth countries tend to be slower Malaysia 57% than average. In 1991, settlers from the mainly English- Korea 58% speaking (MES) countries had a relatively low overall rate All overseas-bom persons (resident in Aus­ 67% of Australian citizenship (49%). In comparison, the overall tralia 2 years or longer) rate for immigrants to Australia born in non-English a. Long-term temporary residents have been excluded speaking (NES) countries was 80% (see Table 1). Immi­ b. This group is comprised of the United Kingdom, Ireland, South grants born in New Zealand, the USA, Ireland, the UK and Africa, Canada, United States of America, and New Zealand Canada were among the ten birthplace groups with the lowest rates of Australian citizenship. However, citizen­ Resident non-citizens ship rates for the South Africa-born (80%) and the Zimba­ bwe-born (80%) were considerably higher. It is recognised that for some immigrant settlers there may be both psychological inhibitions and practical disadvan­ Persons who immigrate to Australia as children have a tages to taking up Australian citizenship. These include: higher rate of Australian citizenship than those who arrive loss of their previous citizenship; restrictions on re-entry to as adults. country of origin; loss of rights to pensions/benefits, prop­ erty or inheritance from country of origin; an obligation to pay dual taxes. TABLE 1. Percentage of people by birthplace who become Australian citizens, 1991 census3 For the period 1985-94 the total number who took up Aus­ Birthplace Australian citizens tralian citizenship exceeded one million. However, as at June 1994 it is estimated that there were a little over 1 mil­ Main-English speaking (MES) countries15 49% lion eligible residents who were not Australian citizens, of All other countries 80% whom over 41% were born in the United Kingdom or Ire­ Region land and around 16% in New Zealand (BIMPR 1995, Middle East & Nth Africa 87% Other Europe and USSR 86% P- 17). Southern Europe 83% Other countries NEI 79% Among overseas birthplace groups, the Japan-born had Africa (excl. Nth. & Sth Africa) 79% one of the lowest rates of taking up Australian citizenship Southern Asia 78% (see Table 1). Japanese arrivals to Australia in the 1980s Northeast Asia 78% included a significant proportion of temporary residents, Western Europe 77% many of whom spend between 2-5 years in Australia for Southeast Asia 76% business and employment. In general, in comparison with Oceania (excl. New Zealand) 71% most other birthplace groups, fewer of the Japan-born Countries with the highest rates intend to settle permanently in Australia. However, their Ukraine 98% rate of taking up citizenship begins to increase signifi­ Baltic States (Estonia, Latvia and Lithuania) 96% cantly after 15 years residence. Greece 95% China 94% Hungary 94% At the 1991 census, the birthplace group that reported the Lebanon 94% lowest rate of Australian citizenship were the New Zea­ Papua New Guinea 93% land-born (27.2%). New Zealand citizens can freely enter, Egypt 93% stay and work in Australia and are not constrained by Czechoslovakia 92% immigration criteria that apply to applicants from else­ Yugoslavia 92% where. The tendency for many New Zealand-born living in Countries with lowest rates Australia not to take up Australian citizenship may be New Zealand 27% because a considerable proportion prefer to see themselves Japan 30% as long-term visitors in Australia rather than permanent United States of America 36% Ireland 50% residents. Furthermore agreements prior to 1984 meant United Kingdom 53% that New Zealanders were not required to be Australian cit­

OCTOBER 1996 5 M igration A ction

izens in order to vote or be employed in the Public Service Citizenship intentions of new immigrants — in Australia. recent research findings

The general trend for immigrants in Australia from MES countries to have relatively low rates of Australian citizen­ A number of studies have looked at factors which might ship remains consistent across all period of residence cate­ have contributed to the decision whether or not to take up gories. Thus, in 1991, even for immigrants who had been Australian citizenship (Kelley & McAllister 1982; Wear­ resident in Australia for 20 years or more, the Australian ing 1986; Evans 1988; Joint Standing Committee on citizenship rate for those born in non-English speaking Migration, 1994). It was found that socio-economic status, (NES) countries (87.1%) was well above the rate for their religious denomination (or lack of religious affiliation), MES counterparts (55.3%). occupational satisfaction, general satisfaction with life in Australia and the extent of socialising within and outside Some possible explanations have been proposed for this one’s own ethnic group had little or no influence on the trend. The Australian citizenship rate for all immigrants decision. from MES countries is heavily influenced by the fact that an overwhelming number of the persons included in this In 1994-5, the Bureau of Immigration, Multicultural and category were born in the British Commonwealth (in 1991 Population Research initiated the first field-work stage of the UK-born represented 72% and the New Zealand-born its ‘Longitudinal Study of Immigrants to Australia’ 17% of immigrants in Australia from MES countries). It (LSIA). Lengthy interviews were undertaken with a repre­ has been suggested that for many of these people there was sentative sample of recent immigrants to Australia within little impetus to take up Australian citizenship as, until the first six months after arrival in Australia. Among other 1984, special provisions allowed British and Common­ topics, the recently arrived settlers were asked about their wealth citizens to vote and to occupy permanent positions citizenship intentions. Of the 5,193 respondents, 1% were in the Public Service. Furthermore, even after this was already Australian citizens or had lodged an application to amended, if they were already on the electoral rolls in 1984 become an Australian citizen, 80% intended to apply for they could subsequently retain their voting rights without Australian citizenship when eligible, 6% did not intend to becoming Australian citizens. apply and the rest didn’t know.

However, while this may be a contributing factor, it is LSIA respondents who intended to become Australian cit­ interesting to note that the British, for example, also have izens emphasised the reasons listed in Table 2. a relatively low rate of citizenship in the USA, even though they receive no special privileges there. In fact, as a group, TABLE 2. Reasons for intending to become an Australian English-speaking settlers in the USA and Canada are also citizen less likely than others to seek naturalisation. One explana­ intend to stay here permanently tion suggested is that immigration to a country that is cul­ 48% turally quite similar imposes less psychological need to to belong/to feel Australian 30% ‘shift allegiance’ and change one’s citizenship status. to have all the rights of an Australian 19% to be able to vote/get involved in politics 11% In the Australian context a further hypothesis for the phe­ easier to return from visits to former home country 9% nomenon may be a variation on the observed ‘cultural feel safer on an Australian passport 8% cringe’ whereby attributes of Australia are perceived as to bring up children here 8% inferior to those associated with more prestigious ‘over­ like/love Australia: better life here 7% seas’ versions. As a relatively small, former colonial out­ job opportunities: to get jobs in public service/ 5% post of Britain, on any ‘international status hierarchy of armed forces citizenship’ a general perception may have developed feel safer in Australia: more secure 5% (shared in particular by many who arrive here as citizens of spouse Australian citizen, family here, child born 5% the UK or the USA) that becoming a citizen of Australia is here ultimately ‘less prestigious or desirable’ than retaining to be able to sponsor/bring family here 5% one’s former citizenship. If we extend this idea, immi­ a natural step: good idea: commitment to country 4% grants from the other English-speaking countries such as Canada or New Zealand may also perceive little benefit in a ‘sideways status shift’ and therefore prefer to retain their present citizenship.

6 OCTOBER 1996 / M igration A ction

For respondents who answered they did not intend to Australian citizenship in the 1990s: current become Australian citizens, the most prominent reasons issues are shown in Table 3.

The 1990s are witnessing an upsurge of interest in issues TABLE 3. Reasons for not intending to become an Australian citizen related to national identity and citizenship, both in Aus­ tralia and internationally. want to retain citizenship of former country 48% want to retain current passport 20% International factors such as changed national boundaries, don’t know if staying here permanently: may go 13% the development of a highly mobile international work­ back force, the desire of many to hold dual citizenship, and an don’t think it’s really necessary 9% increase in the numbers of people seeking asylum have all 5% haven’t thought much about it: too early to decide contributed to a renewed focus on citizenship. Growing too old 5% awareness of different conceptions of nationhood and citi­ family/friends still overseas 4% zenship in certain European and Asian countries are also leading to a re-examination of Australian conceptions of As has emerged in previous Australian research studies, these issues. the LSIA survey suggests that a mix of pragmatic and social psychological rationales tend to underpin why At the national level we have witnessed the publication in immigrants do or do not decide to become Australian citi­ September 1994 of Australians All: Enhancing Australian zens. Some pragmatic considerations include their assess­ Citizenship, the Report of the Joint Standing Committee on ment of the positive and negative effects in relation to Migration of the Parliament of Australia and National restriction on international travel; rights to social and wel­ well-being: a system of national citizenship indicators and fare benefits in both countries; obligations of children benchmarks by the Senate Legal and Constitutional Refer­ (such as military service) to the country of parents citizen­ ences Committee 1996. A further example of such interest ship; the position of their former country on the question of was the publication in August 1994 of 2001 A Report from ‘dual citizenship’. Australia to the Council of Australian Governments by the Centenary of Federation Advisory Committee on ways of In previously reported survey studies between a third and celebrating the centenary of Federation. Another signifi­ half of the samples tend to affirm that their motivation for cant cause of raised public consciousness is the republic taking up Australian citizenship is directly connected to a versus constitutional monarchy debate with views being sense of commitment, belonging and/or attachment to expressed by governments, prominent Australians, the Australia. However, as one researcher points out, there is media and a range of advocacy groups. still an absence of convincing evidence that settlers who become citizens necessarily make a greater commitment to The election of the Coalition Government on 1 March Australia than non-citizens. 1996 saw the beginnings of new emphases in the general policy area of Australian citizenship. This included the ter­ Furthermore, becoming an Australian citizen need not mination of the former Government’s citizenship promo­ affect an immigrant’s loyalty to, and bonds with, their tion campaign and the decision to set up an Australian country of birth. Where it is possible, many maintain dual­ Council on Citizenship aimed at enhancing the national citizenship. Among immigrants who chose not to take up significance of Australian citizenship. One of its key tasks Australian citizenship a considerable number indicated will be to undertake a comprehensive review of Australian they would do so if dual or multiple citizenship was avail­ citizenship covering requirements such as residency, flu­ able to them. With reference to dual or plural citizenship ency in English and the pledge. the recent Joint Standing Committee on Migration report (1994) rejected the argument that ‘one cannot owe alle­ Research in progress giance or commitment to more than one country... There is no evidence to suggest that these persons are disloyal or It is within this broader context that, in 1995, the then lack a commitment to Australia simply because they have Bureau of Immigration, Multicultural and Population chosen not to relinquish their former ties and heritage’. Research initiated an in-house project entitled Citizenship and National Identity to be undertaken by the authors. Some preliminary details of this work in progress are out­ lined below.

OCTOBER 1996 7 m igration A ction Aims section five explores the reasons why those who are eligi­ ble have not taken up Australian citizenship. The central aim of the research is to produce and analyse data that will contribute to a deeper and broader under­ The methodology also includes use of the LSIA to examine standing of the concepts of national, ethnic and other forms citizenship intentions of recently-arrived immigrants and of group identity and their relationship to citizenship interviews with government officials responsible for the choices. evaluation of applications for citizenship and the conduct of citizenship ceremonies. As the data have not yet been In addition, the study will examine historical and current analysed it is likely that the report will not be completed conceptions of citizenship and national identity in Aus­ until July 1997. tralia and, for comparative purposes, in other selected countries; eligibility and procedures for acquiring Austral­ Bibliography ian citizenship; and the form and content of citizenship cer­ emonies. Brubaker, W. R. 1989, ‘Citizenship and naturalisation; Policies and politics’, in Immigration and the Methodology Politics of Citizenship in Europe and North America, ed. W. R. Brubaker, University Press of Central to the research methodology are in-depth, qualita­ America, Layman, Maryland, pp. 99-127. tive interviews designed to elicit from interviewees their Bureau of Immigration Research (BIR) 1990, Australian personal responses to questions about their relationship to Citizenship, AGPS, Canberra. both their country of origin and Australia. Bureau of Immigration, Multicultural and Population Research (BIMPR) 1995, Australian Citizenship: Interviews have been undertaken with a sample of 100 1991 Census, AGPS, Canberra. immigrant respondents who have taken up Australian citi­ Centenary of Federation Advisory Committee, August zenship in the period 1985-95. This sample was taken 1994, 2001 A report from Australia from the records of the Government’s Citizenship Branch Committee to Advise on Australia’s Immigration Policies and includes immigrants from Sydney, Melbourne and (Fitzgerald Report) 1988, Immigration: A Com­ rural and regional areas of Tasmania. A second sample mitment to Australia, AGPS, Canberra. included 35 immigrant respondents, currently resident in Evans, M. D. R. 1988, ‘Choosing to be a citizen: The time Sydney or Melbourne, who have as yet not taken up Aus­ path of citizenship in Australia’, International tralian citizenship. Migration Review, 22(3), pp. 243-64. Joint Standing Committee on Migration 1994, Australians Each sample was stratified in terms of birthplace group­ All: Enhancing Australian Citizenship, AGPS, ings (main English-speaking countries, European coun­ Canberra tries, Asian countries, and other birthplaces); gender (50% Jordens, A-M. 1995, Redefining Australians: Immigra­ males and 50% females); age (50% 18-40 years and 50% tion, Citizenship & National Identity, Hale & Ire- over 40 years). monger, Sydney. Kelley, J. & McAllister, I. 1982, ‘The decision to become The main research instrument is an interview schedule an Australian citizen’, Australian and New Zea­ which explores five interrelated themes. The first of these land Journal of Sociology, 18(3), pp. 428-39. is life in the immigrants’ country of origin with particular Senate Legal and Constitutional References Committee reference to their feelings of national and group identity. 1996, National Well-being: a System of National The second theme examines the story of their actual migra­ Citizenship Indicators and Benchmarks, AGPS, tion to Australia and includes their feelings, hopes and Canberra. expectations. The third theme relates to the respondents’ Wearing, R. J. 1986, ‘Some Correlates of Choosing Aus­ life in Australia, especially in terms of how they felt about tralian Citizenship’, Australian and New Zealand Australia and any decision about Australian citizenship. Journal o f Sociology, 21(3), pp. 395-413. The fourth theme relates specifically to the ways in which the respondents’ sense of identity developed in response to John Goldlust is a senior lecturer in Social Sciences at their life experiences. The final section focuses specifi­ LaTrobe University and Trevor Batrouney has recently cally on their decisions about Australian citizenship, and retired as Assistant Director o f the Bureau of Immigration, their in applying for and gaining citizenship. An alternative Multicultural and Population Research (BIMPR) in Mel­ bourne.

8 OCTOBER 1996 igration A ction Citizenship and Constitutional reform: a just republic — or just a republic?1

Michael Salvaris kind of society we want Australia to be in the next century. On one view, they may also be our last chance to do so Two years ago Donald Horne declared that “the centenary before the global economy decides this for us. of federation presents Australia with a unique opportunity to strengthen our democracy and.. .to emphasise questions And certainly, many of us would want such a process to 9 of active citizenship in a lively civil society”. lead to a stronger citizenship and democracy. But are we likely in fact to use this unique opportunity or will we Two and a half centuries earlier, David Hume observed that squander it? To assess the prospects realistically, we might “Nothing (is) more surprising than to see the easiness with ask three related sets of questions: which the many are governed by the few; and to observe the implicit submission with which men resign their own 1. What is the current temper of Australia? What is our sentiments and passions to those of their rulers. 1 23 state of mind towards the opportunities presented by this national occasion? And how well prepared are we for such The possibilities for constitutional reform and democratic a debate? citizenship in Australia lie somewhere between these two contrasting assessments of participatory democracy. 2. How is the current process of constitutional reform being conducted, and how likely is it to change? In the 1990s the Australian nation is facing a difficult but crucial debate about its future. Superficially the occasion is 3. How healthy is our present citizenship and democ­ the centenary of federation, and the agenda is a rather nar­ racy? And how far can these ideas, especially the idea of row set of formal questions about constitutional reform. In democratic citizenship, provide a real and concrete frame­ most quarters there is at least rhetorical agreement on the work for debate and change that is meaningful to ordinary need for some form of popular participation in this process. Australians? But in fact the underlying issues are much wider and more important; they concern our national identity, the quality of Social Change and Citizenship community life and citizenship, and the kind of society we want Australia to be; and with such issues at stake, the First, our present state of mind. As a nation, it seems that issue of participation is not merely decorative but crucial. we are bruised, apprehensive, but still hopeful.

We might in our hearts agree with Horne’s hopeful assess­ In the past twenty years, as Hugh Mackay’s social surveys ment; In one sense, he is clearly right. Potentially at least, show, “we have been plunged into a period of unprece­ we do have a unique and historic opportunity, with the cen­ dented social, cultural, political, economic and technolog­ tenary of federation, a new century and a new millennium, ical change, in which the Australian way of life is being and as many good reasons as a nation might have to pause radically redefined”.4 and reconsider where we are going. The next five years are a uniquely appropriate time to set the foundations for the We have seen changes in family composition, household structure and gender roles. In the workplace there has been 1. This chapter is based on a forthcoming chapter in a collection of con­ deregulation and industry restructure, the dismantling of stitutional essays to be edited by Sir Zelman Cowan and Professor Rufus Davis, and partly on a discussion paper 1 wrote for the Senate Legal and centralised wage fixing, the entry of women into the labour Constitutional Committee on “National Citizenship Indicators” in 1995, market, the growth of part-time work and a disturbing shift but the views expressed are my own. I am grateful to Stephen Bull (Sen­ to high and prolonged unemployment levels. ate Senior Research Officer) and Professor Bill Russell of Monash Uni­ versity for their assistance; and to the Australian Education Union for lending me the title of the chapter. 2. Professor Donald Home, submission to CFAC, CFAC 1994, above 3. quoted in Chomsky N (1992) Deterring Democracy, London, Vintage, 4. Mackay H (1993) Reinventing Australia, Angus and Robertson, Syd­ pp 251-2) ney

OCTOBER 1996 9 M igration A ction

In all spheres of public life, the economy and its whims and diffused sense of identity, the lack of a consistent or coher­ needs have become more dominant and yet complex ent sense of purpose, and a growing feeling of isolation and themes. As one writer put it, “so completely has economics even alienation among Australians — especially young become the language of political discourse that questions Australians .... The common complaint is that individual that cannot be translated into its terms lie like runes, unspo­ Australians feel as if they have lost control of their own ken for want of decryption.”5 lives and their own destinies .... Today's fear of the future is not so much based on what the future holds as on our ina­ Established patterns of housing, planning and settlement bility to chart a confident course through it.8 have changed; communications and leisure have been rev­ olutionised by computers, videos, satellites, cables and After so much rapid change, it would be inevitable in any mobile phones. In government, we have seen privatisation, society that there be some major reappraisal of citizenship, a narrower welfare state and a looming republic. We now national identity and community goals; quite apart from live in an increasingly globalised world, which is dictating the strong historical imperative for doing so. new patterns of economic and cultural life; and we are steadily developing new international relationships as we The Constitution Reform Process move away from Europe and towards the Asia-Pacific region. We must next examine the nature of the present constitu­ tional debate. Who sets the agendas and controls it? Who The social benefits of such rapid and sweeping transforma­ is involved in it, and how? What sort of process is it? How tion have been mixed. Some changes were long overdue do these agendas and processes relate to broader questions and unequivocally beneficial, such as land rights, multicul- of democracy, citizenship and social-well-being? turalism and gender equity. Others have been bought at great cost to the well-being of many individual Austral­ The current ‘constitutional debate’ is a somewhat schizo­ ians, especially those experiencing economic restructure. phrenic event. There is hearty official agreement about its importance for democracy and the need for widespread Deeper down, there have been some worrying changes in participation, but so far it has not been an inclusive or rel­ the common values and institutions that underpin citizen­ evant debate for most Australians. It is true that specific ship: greater social inequality, a diminished sense of com­ agendas and expectations have been developed, especially munity, a loss of confidence in public institutions,6 around the more controversial issue of republicanism and especially politicians and the political system,7 and a belief monarchy, but these can hardly be said to reflect the that we are losing control over our national destiny. This is demands of the citizenry; nor is there any agreed process reflected in individual attitudes too, to draw again on Hugh for popular participation, other than the possibility that Mackay’s research: people may vote at a referendum on issues chosen for them by the government of the day. Taken together, the scope and scale of the changes in the last quarter of the twentieth century has been too difficult On the other hand, though this hasn’t been much remarked for most of us to take in our stride ... the present era seems on in the media, there seem to be some interesting differ­ fraught with the peculiar stresses created by a confused and ences between the ‘official’ agenda’ and the views of hum­ bler Australians. They suggest quite a strong desire in the community for a more participatory process, and more rad­ 5. Robert Haupt, ‘Economics is dead: the pundits are redundant’ A us­ tralian Financial Review, 8/2/96 ical changes than the somewhat meagre proposals cur­ 6. For example, see Bean, Clive (1995) 'Citizen beliefs and attitudes rently offered by the political managers of the debate. about Australian institutions: an overview’, paper delivered at ‘Reshap­ ing Australian Institutions Conference’, ANU, Canberra, November The managed debate 7. A 1991 Saulwickpoll showed 62% of Australians had “little or no con­ fidence” in the political system. Mackay (1993, above) attributes this in part to a widespread belief that major parties have lost a clear sense of One obvious feature of the constitutional debate so far is political direction, and that politics is preoccupied with personalities and that it has been carefully managed. And this is neither new leadership before policies. This view is echoed by others: “It is not just that politics and economics are seen as all that really matters. That in itself nor surprising. Earlier this year, Sir Ninian Stephen, Chair­ is a threat to public intellectual life. But what may be even more serious man of the Constitutional Centenary Foundation, is that politics can be defined as little more than party politics, (opinion expressed his concern about the narrowness of the consti­ polls, leadership struggles, election-tipping, party advantage and so forth). What is missing in much political reporting is discussion of poli­ tutional debate, saying that: cies in any terms other than those of party-political advantage”: Ideas for Australia (1991) Journalists, academics and public intellectual life in Australia, Clayton, Monash University, 8. Reinventing Australia, above, 6-20

10 OCTOBER 1996 / M igration A ction

In recent years the only aspect of the system of gov­ itself will not change much. It will not create a stronger ernment debated with any degree of seriousness has democracy, a fairer society or a more inclusive citizenship been the republic and whether there should be a in practice. It will not even fill the obvious holes in our wholly Australian head of State. This is, of course, present constitution. an important question. But it is only a very small part of the puzzle. The debate... has to a large Despite the mandatory bursts of democratic rhetoric, few degree been confined to the party political.9 of the players driving the present debate seem to be treat­ ing it as a serious opportunity to address problems of citi­ What Sir Ninian has encountered is not mere oversight: it zenship and democracy. is the characteristic behaviour of states, as Thomas Hobbes suggested in 1651 when he said that “the most powerful For Labor politicians, it has been a handy issue to discom­ instrument of political authority is the power to give names fort their opponents, raise the patriotic standard, and paint and to enforce definitions” l0 *. In our times, Noam Chom­ “the big picture”. For the Coalition, it has been basically a sky has referred to this as the process of “manufacturing problem of political containment: half the backbench have consent”. forsaken their traditional dedication to the queenly person­ age and now favour a republic.11 This means that their The Republic and constitutional reform in Australia have leaders have had to quickly learn some unfamiliar rhetoric been a classic managed debate. Difficult and subversive and some fancy new footwork to ensure that they don’t trip questions have been kept off the agenda. The official issues up before Labor does. for decision are essentially narrow and symbolic ones which will have no real impact on the lives of ordinary Other key players seem happy to go along with this “min­ Australians. imalist” agenda. Big business has somehow managed to turn the republic issue into a rallying cry for development We are already a republic for all intents and purposes. We and deregulation. Who could support a fusty old monar­ may feel better for making it official, but this formal act by chy, our burghers intone while adjusting their old school ties, when it symbolises rewards based on patronage rather than merit? How can decolonised Asian business people 9. Sir Ninian Stephen (1996) ‘Let the real debate begin’ in Countdown to take us seriously while we are ruled from England? Such 2001: Key issues for the next five years, Carlton, Constitutional Cente­ nary Foundation, 1/1/96 10. Cited in Chorover S (1979) From genesis to genocide: the meaning of human nature and the power of behaviour control, Massachusetts, MIT Press). 11. ‘Most MPs support arepublic’. The Age, 19/6/95

OCTOBER 1996 11 M igration A ction

hoary old work practices should be thrown out along with tegic business assets and public enterprises, exposing our trade unions! economy to foreign domination, uncritically propagating economic rationalist dogma from Britain and America, In the media, the same modernist arguments are spiced handing over most of our communications system to a few with a daily catalogue of royal gaffes and misdemeanours, grossly powerful men with little allegiance to Australia’s but not much talk of social rights or participation. A typical national interests, and slavishly following the foreign pol­ editorial response to Labor’s 1995 republic package icies of our “powerful friends”. praised it as “admirably minimalist”. The notion that change is admirable when minimal is surprising for a Finally, while all parties devoutly proclaim that the people media which for over a decade has been urging radical sur­ should decide the content of a new constitution, we are gery in the economy and the public sector without too entitled to be sceptical of such pieties. We know that we much concern for the human cost. live in an era of biodegradable political promises; and more to the point, there is not the slightest hard evidence Other institutional players, including the Republican from politicians of the kind of commitment and logistical movement itself, have lined up with the minimalist team. resources that would be needed to mount a process of gen­ This is because their outlook and social composition are uine national participation in building a new constitution. not much different from the other political and professional elites who control the debate, and they tend to make the When decoded, the real message is that the people have the same kinds of calculations as major parties do about what right to decide the issues that they are told to decide. The is politically feasible and what is good for people. net result of all this may be that the constitution reform issue is seen as just another ugly political brawl, or at best But not every case. The Constitutional Centenary Founda­ a technical problem for lawyers: but either way, a turn-off tion has cautiously but firmly argued for a wider debate on and a distraction for ordinary Australians. And perhaps the entire system of government “from the head of state to some people might see that as no bad thing. Democracy, citizenship, from rights and responsibilities to federalism”. after all, is too important to be left to the people, as Walter The critical thing, the Foundation says, is that “the national Lippmann asserted in an influential essay on modern community becomes involved in thinking and debating the democracy in the 1920s. shape of the governance of its nation”.12 13 The common interests very largely elude the public opin­ But on the whole, there’s much nodding and winking ion entirely, and can be managed only by a specialised among the nation’s opinion leaders and generally, the proc­ class whose personal interests reach beyond the locality. ess faithfully exemplifies an observation of Noam Chom­ The public must be put in its place so that we may live free sky,14 and of Thomas Hobbes three centuries before him: of the trampling and the roar of a bewildered herd whose that power in public life consists firstly in controlling the function is to be interested spectators of action, not partic­ issues and the boundaries of public debate. ipants.16

Some evidence for this can be found in the media’s ten­ Half a century later, another great American philosopher, dency to locate the extreme left position of the current Samuel Huntington, echoed Lippman’s sore disappoint­ debate in the Sydney businessman Malcolm Turnbull, ment with the people. He complained that by their ‘exces­ recently described as a “modern revolutionary” — surely sive demands’, they had provoked a ‘crisis of democracy’ the first merchant banker to lead a revolution. 15 making it ‘ungovernable’ and causing ‘a reduction of gov­ ernment authority’.17 Hardly less ironical are the constant appeals to Australian independence made by the politicians, business people and From here it is but a short step to Bertolt Brecht, who wrote media promoting their ‘minimal republic’. There can have these lines around 1939: been few periods in Australia’s history when these same parties more enthusiastically collaborated to diminish our independence in practice — by selling off the nation’s stra­ 16. Rossiter C & Lare J (1982) The Essentia] Lippmann: a Political Phi­ 12. ‘Republic risks’, The Age, 19/6/95 losophy for Liberal Democracy, Harvard, cited in Chomsky N (1992) Deterring Democracy, London, Vintage, p 253 (quotation abridged). 13. Sir Ninian Stephen, (1996) above 17. Crozier M, Huntington S & Watanuki J (1975) The Crisis of Democ­ 14. See, for example, Chomsky N (1989) Necessary Illusions: Thought racy: report on the governability of Democracies to the Trilateral Com­ Control in Democratic Societies, London, Pluto Press mission, New York, NY University Press), cited in Chomsky (1992) 15. ‘Keating’s quest to make history’, The Age, 10/6/95 above

12 OCTOBER 1996 / M igration A ction

The people had forfeited the confidence of the gov­ Australians seem to agree with their politicians about the ernment and could win it back only by redoubled potential importance of the issue to the nation and the need efforts. Would it not be easier in that case for the for change, but not about the reasons or the remedies. A government to dissolve the people and elect key study by Mackay found that “the widespread support another? 18 for the idea of a republic which emerged during 1992 is closely related to the underlying sense that Australia is Popular perceptions of constitutional reform overdue for some kind of re-examination of its political institutions, and even the notion of Federation itself’. This Earlier this year on his appointment as Governor General, research suggests that enthusiasm for a republic “arose the former High Court judge Sir William Deane made an from a yearning for a sense of vision and purpose which admirable remark that was at one and the same time com­ has itself been a direct response to rising cynicism about monplace, subversive and untrue. He said politicians and the political process”.21 22

The source of all government authority and legiti­ Secondly, it seems that the Australian people feel some macy in a true democracy such as Australia is the sense of ownership of the constitutional reform issue. They people.19 believe that the people themselves, not lawyers, journalists or politicians, should decide what goes into their new con­ This was commonplace because all democratic States stitution. A national consultation in 1994 found that: espouse it in principle; subversive because its conse­ quences would be radical if it were taken literally, and There is a widespread recognition that the Constitu­ untrue, at least from a legal perspective, because in Aus­ tion needs to be reviewed ... but on every occasion, tralia the present source of government authority is not the such enthusiasm was qualified by a demand (and people but the Crown. that is not overstating it) for full participation. ... A true national dialogue is needed on many issues and But if like me, you believe that this statement ought to be we must create the opportunity for it to take place. true, you might well ask this hypothetical question: if we However (Australians) resent the possibility that did have a true democracy, and if the people were the the debate may be taken from them. Whatever their source of all government authority and legitimacy, how disagreements, or their differing emphases, they important would the design of a new national constitution clearly agree that neither federation nor constitution be, as an act of democratic citizenship and legitimacy? issues should be the province of academic or polit- ical experts. Let us follow Sir William Deane’s subversive line a step further. If we assume a democracy of active citizens, then On its face, it hardly seems contentious to argue that in a the Constitution is essentially the compact that citizens democracy, the constitution should be decided by the citi­ make with themselves for their own governance, rather zens, as Sir William Deane implied. than a contract than between the individual and the State, as it is defined in classic liberalism. This leads us to a fur­ The 1991 Constitutional Centenary Conference seemed to ther question. What should be the legitimate expectations agree with this view, and suggested a broad community of the owners and stakeholders of the constitution, the cit­ process for the constitutional reform debate “pursued in izens themselves, both as to the content of a reformed Con­ the interests of all Australians.. .(and involving) the widest stitution, and their participation in it? range of individuals and of community, education and business groups”23. These good words have been seconded It is unclear at present just exactly what what Australians — fulsomely — by Australia’s opinion leaders, but as an expect from the constitution reform process, because they actual political program they seem likely to fall into the haven’t yet been asked in any detail; but we can say that the category of what are now called “non-core promises”. broad findings from several studies over the past few years seem to contradict some media and political perceptions of what the debate is or should be about. 20 20. For example, research reports by Mackay and Galligan; and the national consultation by the Centenary of Federation Advisory Commit­ tee (see notes) 21. Mackay 1993, above, p 182 18. Bertolt Brecht, “The solution” 22. Centenary of Federation Advisory Committee (CFAC) (1994) 2001: 19. The Age, 22/8/95 (note that less libertarian judges might substitute Report from Australia, Canberra, AGPS. ‘the Crown’ for ‘the people’) 23. Constitutional Centenary Foundation, above.

OCTOBER 1996 13 M igration A ction

If Australians do indeed want a “national dialogue” and a It is true that as yet, no clear reform program has emerged new constitution, what are the issues they want to discuss, from these rather general hopes and fears; but the direction and enshrine in such a constitution? Many seem to agree in which popular debate is running appears to be towards a with Sir Ninian Stephen, that we should not be limited to stronger civil society and democracy. As one typical sub­ the text of the present constitution or the traditional con­ mission to the Centenary committee put it: cerns of Australian constitutional debate, and certainly not to the “minimalist agenda”. What all citizens, given the spirit of the Constitu­ tion and the nature of the celebration can identify And at first sight, this looks like just plain common sense. with, is citizenship. That is what bonds us together It’s hard to imagine anyone maintaining a vigorous public as a nation, as a people, as a political civic entity 28 debate for five years on the subject of the monarchy and the flag. One very interesting specific difference that has emerged between the people and the politicians is on one of the Last year Les Carlyon of ‘The Age’ wrote “it is hard even more radical proposals for constitutional reform, the need for monarchists to take seriously the British version of the for a Bill of Rights entrenched in the constitution: Jackson family”,24. If this is being said now, then by the year 2001, at least one of the official issues may have self- According to Galligan’s study, 54% of Australians destructed. think rights poorly protected, and 72% support a Bill of Rights. By contrast, 78% of all politicians But there are other, deeper factors at work in shaping a pos­ think rights are well protected and about 70% of sible popular agenda for constitutional reform. At the most MPs (or at least of non-Labor MPs) are opposed to general level, there is a sense that the constitutional debate a Bill.29 Interestingly, there is some suggestion that should incorporate widespread concerns about change and the public support for a Bill of Rights may be partly national identity in an uncertain future. because people believe that it would promote stronger citizenship.30 The Centenary of Federation Advisory Committee reported on its national consultations in 1994 that: Let us assume, provisionally, that there is some popular will to build constitutional reform around an enlarged Australia is one of the world’s longest-lived notion of citizenship and democracy. We should then need democracies, yet as we approach the centenary cel­ to ask: what kind of citizenship, and what kind of democ­ ebrations, our national identity, our sense of nation­ racy, do we now have in Australia? And how capable are hood is being reassessed by many Australians ... they of providing a base on which to build a stronger con­ We believe that (the celebration of the centenary of stitution, and perhaps a better and fairer society? federation) should be used to encourage a wide­ spread community debate about Australia’s values Michael Salvaris is the Senior Research Fellow at the Cen­ and its future (my emphasis).25 tre for Urban Research, Swinburne University of Technol­ ogy, Melbourne. Again, Hugh Mackays’ research seems to confirm this; he found that:

As debate about the idea of a republic proceeds, ... it has begun to incorporate the idea that Australia’s political structures and systems might be quite sig­ nificantly reformed on the way towards defining a 27. CFAC 1994, above new sense of nationhood (my emphasis). 28. Associate Professor Patrick O’Brien, submission to CFAC, CFAC 1994,above These concerns are reflected, for example, in demands to 29. Galligan B (1995) A Federal Republic, (Melbourne, Cambridge UP) p.134. In contrast, Labor MPs strongly supported a Bill of Rights. build basic statements about “who we are and what we 30. “One strategy suggested to the committee for confirming Australia’s stand for” into a constitutional preamble.27 democratic achievements is the need to encourage informed public dis­ cussion on the enactment of a Bill of Rights or a Citizen’s Charter of Rights and Responsibilities. ... The committee was impressed to note that 24. Les Carlyon, the Age, 1/6/95 this notion of basic rights was widely recognised as being linked with the concept of civic duties. A number of submissions urged the need for 25. CFAC 1994, above. greater understanding of the obligations of citizenship as part of a broader 26. Mackay 1993, above, p 182 citizen education process”: CFAC 1994, above, p 26-27

14 OCTOBER 1996 f

igration A ction The Politics of Difference

Jose Simsa • Humanitarian:

EMC has been an active observer of the recent changes to • 3,335 places for Refugees; immigration policies as announced by the Liberal Govern­ ment since coming to power earlier this year. The particu­ • 2,133 places for Special Humanitarian Pro­ lar interest of EMC is the possible effects these changes gram; will have on our clientele, who are mainly drawn from the most marginalised groups of new arrivals. Among the pro­ • 4,532 places in the Special Assistance Category posed changes are: • a total of 10,000 places allocated to the 40 mil­ • English Education Charge: from 1 October 1996 lion refugees worldwide migrants will bear the full cost of $4,405 rising to $5,500 on 1 January 1997 • New Settlers: 2-year waiting period before they are able to avail themselves of support systems e.g., • Migration Visa Charge (offshore): currently $560 medicare, social security etc. rising to $600 on 1 October 1996, and $1,000 from 1 January 1997 Although the changes have not been legislated yet, the Minister has been announcing policy changes since 3 July, • Family Residence (onshore): currently $415 ris­ and legislation will be retroactive when passed. In addi­ ing to $600 on 1 October 1996, and $1,500 from tion, there is an historical practice in departments to act on 1 January 1997 the Ministers’ policy changes as of the date of announce­ ments. 0 Citizenship Fee: currently $55 rising to $80 1 October What does all this mean for the clients of EMC? The most significant questions for them relate to family reunion and • Asylum Seekers Assistance Scheme: only those how the changes will affect their chances of bringing mem­ asylum seekers whose applications are at the primary bers of their families to Australia. In the first instance, stage of processing and before a decision is made by most changes involve a financial commitment beginning the Department will receive payments with the application for visa charge and continuing through travel to Australia and an assurance of support for the first • Preferential Family Sponsorship: to be limited to two years, and the ability to meet medical, English tuition, Australian Citizens and living expenses during that time. The second consider­ ation is related to time as the family members who are act­ • Spouse/Fiancee Provisions: new measures to be ing as sponsors must be citizens of Australia and should introduced not have been recipients of benefits during the previous 12 month period. • Preferential Family Category: Visa capping expected to extend to parts of this category Thirdly, and more importantly, are the criteria that will affect the applicants’ ability to be considered eligible in the • Concessional Family Category: points for Eng­ country of application. Age is now an important factor in lish language skills to be introduced application, as is the level of English proficiency, and employable skills. The clients of EMC are expressing con­ • Business Skills Migrants: number of places has cern in relation to their parents’ chances to meet the more risen from 5,000 to 7,100 and the Independent Cate­ stringent points in selection. gory will rise from 10,000 places to 15,000

OCTOBER 1996 15 M igration A ction

Against this background, the issue of economic versus an imbalance that demands correction but only at the humanitarian migration is significant. It is fair to say that expense of one or the other sector. Australia has been developed through its programs of migration and, since the end of the Second World War, An initiative of the new Liberal Government is the estab­ migrants from many different countries have made an lishment of Portfolio Advisory Organisations — Austral­ important contribution to its development. Running paral­ ian Council on Citizenship; Refugee Resettlement lel to that was the economic ‘boom’ of the times and the era Advisory Council; and National Multicultural Advisory of prosperity that raised the standard of living, and created Council. It is to be hoped that the membership of these expectations in our society relating to work, health, educa­ portfolios will maintain a humanitarian approach on the tion, housing, and income. In more recent times, the econ­ issue of immigration, and that the National Integrated Set­ omy (in common with many other developed countries) tlement Strategy for cooperation among Commonwealth, has passed the ‘boom’ and the labour market has clearly State, Territory, and Local Government services will real­ borne the brunt of the economic trends with high unem­ ise its goal in reaching and assisting refugee and migrant ployment and a higher percentage of the population having clients. to resort to seeking support from the government. Reper­ cussions from this are now being addressed by government The EMC will continue in its watching brief on the out­ in an economically based response and, significantly for comes of the new policies, and will continue to place the the clients of EMC, the migration program is one that is expressed needs of its clients before Government. viewed by government as not being ‘cost-effective’. Jose Simsa is the Senior Community Development Worker From the late 1940s several lessons have been learned in at the Ecumenical Migration Centre. the history of migration and an important one is that of family reunion and how it greatly assists settlement in a new country. The new settlers of that era had ample employment opportunities that enabled them to focus their resources on bringing their families, building homes, and generating communities in their areas of settlement. The new arrivals of today are no different in their needs for set­ tlement — their wishes are to reunite with their families, create homes, and contribute to community building.

However, the present state of the economy appears to have the ability to dictate to the expectations of the more recent settlers in our society.

Now it is more important to have a program that is ‘cost- effective’ than it is to create a balanced community — it is more important that business, language, and specified labour skills meet the needs of the country than it is to have settlement needs met. It is more desirable for intending migrants to agree to settlement in regional areas — in a bid to circumvent Australia’s historically high rate of urbani­ sation. The onus is on new and intending settlers to assist in repairing the economic ills of Australia.

The EMC believes that there can be a moderate approach to the issue of immigration. One that does not deny those who are already here the opportunity for reunion with their families, while implementing strategies to meet the eco­ nomic needs of the country — a balanced program that allows for peoples’ settlement needs in addition to attempt­ ing to meet the needs of the economy. In the past, the pen­ dulum has swung erratically from one to the other, creating

16 OCTOBER 1996 f igration A ction Citizenship in Australia: an indigenous perspective

Michael Dodson into trouble with the Aborigines’ Department again. The policeman said to me, ‘You’re Jack In the lead up to the Centenary of Federation, citizenship McPhee, aren’t you?’ and constitutional reform have become increasingly popu­ lar topics of public debate. As this nation’s First Peoples ‘Yes’ the participation of Indigenous peoples in this debate is essential. ‘I’ve had a report that you own land and stock’

Before 1967 Aboriginal and Torres Strait Islander peoples ‘Yes’ were denied citizenship. We were not free, for example, to travel between imposed state borders nor within states — ‘Do you have any rights?’ no matter where the borders of our country lay — and we were not entitled to an Australian passport although many ‘What rights?’ of us had already fought and died overseas in two World Wars. We had to have permission to marry and we were not ‘Are you exempt from the Native Affairs Act?’ even counted in the census of the people of this country. In fact, for more than a century of non-Indigenous presence in ‘I don’t think so, I don’t think so.’ our country, our humanity was actively denied — in many places the births of our children were recorded on livestock ‘Have you ever been given an exemption certifi­ records. cate?’

Pre-1967, during the assimilation era, there was a way ‘No.’ Indigenous people could, theoretically, enjoy rights like non-Indigenous people. These rights did not, however, ‘Well Jack, that means you’ve got no rights accord­ inherently accrue to us by virtue of our humanity. If we ing to the laws of this country. Because you’re a could show that we lived like white fellas then we could native it’s illegal for you to own land or stock. You have rights like them. Citizenship and the protection of our can only own things if you’re made exempt by the rights were a reward, achieved at the price of our Aborigi­ government. You see, if you’re granted an exemp­ nally. Only if we were prepared to embrace the dominant tion certificate, it puts you on the same level as a status quo and renounce our identity could we have access whiteman. It means you can do these things and not to the spoils of citizenship — education, health care, hous­ get into trouble...’1" ing and paid employment, to name just a few. Jack continued to hear of the benefits of the exemp­ The mechanism for the granting of such rights, this endow­ tion certificate so finally he wrote to Mr. Neville, ment with citizenship, was an exemption certificate com­ the then Protector of Aborigines in Western Aus­ monly called a ‘dog tag’. This certificate excluded an tralia, offering to buy a certificate from him. Aboriginal person or a Torres Strait Islander from the oper­ ation of relevant legislation in their state or territory which “Neville then wrote to me... and said before he otherwise ordered and restrained their lives. could grant me an exemption I had to meet certain requirements... if my exemption was granted I had Jack McPhee’s story, told over several years to author Sally to promise not to do certain things. I wasn’t allowed Morgan and published in 1989, clearly illustrates the way to associate with Ngayarda Banjutha Aborigines, I blackfellas enjoyed their rights until 1967: wasn’t allowed to live in a native camp, I wasn’t

“I went to Nullagine town to see if I could hunt up 1. Morgan, S., Wanamurraaganya: The Story o f Jack McPhee, Fremantle a different kind of work and while I was there I got Arts Centre Press 1989, pp. 125 ff.

OCTOBER 1996 17 M igration A ction

allowed to take part in a corroboree, I wasn’t even First, what does it mean to be an Australian citizen? In allowed to associate with any Aboriginal people other words, what are the rights and responsibilities which who didn’t have an exemption. In return, the gov­ adhere to an Australian citizen? ernment would allow me to have drinking rights... I would be allowed to sell stock and land, and I The second category of questions is broader and related to would be on the same standard as a whiteman... if I the constitution of the nation, its political and social organ­ broke any of my promises I could easily lose me isation and the structural relationship between different exemption, in which case I would be a native again. groups of people and the nation state. This category raises serious questions about the legitimacy of the state. It is ...it was very hard to be a blackman and a white- therefore important to consider these questions first. man. It seemed you had to choose one way or the other, no-one would let you be both. The problem The Australian constitution adopted in 1901 excluded us as was, if you chose to be a Mulba you and your family Australian citizens. This exclusion was not just about the never had any rights at all and you could kiss any colour of our skin, although this was almost certainly a sig­ hopes o f getting on goodbye. Yet if you chose to be nificant factor, it was also fundamental to the building of a whiteman, you had rights, but you couldn’t mix this nation: with everyone. It was very, very hard}" Aborigines were dispossessed o f their land parcel The 1967 constitutional referendum recognised the citi­ by parcel, to make way for expanding colonial set­ zenship rights of Indigenous Australians. Many of the for­ tlement. Their dispossession underwrote the devel­ mal and overt forms of discrimination against Aboriginal opment of the nation. 3 and Torres Strait Islander peoples were, in principle, removed by this referendum. The doctrine of terra nullius, finally rejected in the Mabo decision, embraced and made law the myth that in 1788 Citizenship provided a ticket of entry into the political sys­ Australia was an unoccupied country. This doctrine was tem. Unfortunately it was a concession ticket which only just one example of a broader rejection of all Indigenous gave us entry to the back stalls at some of the shows. In systems of pre-existing social and political organisation. practice, Aboriginal and Torres Strait Islander peoples did not, and still do not, exercise and enjoy basic citizenship Terra nullius said there are no owners of this land so we, rights. the colonisers, can establish a system of land ownership. On a broader application this approach also said: The daily experience of Indigenous people is the most shameful testament of the failure of the referendum. A • there is no law, so we can establish a legal system; quick scan of the statistics of Indigenous infant and mater­ nal mortality, of Indigenous morbidity rates, of educational • there is no language, so we can declare an official achievement by Aboriginal and Torres Strait Islander kids, language; of the provision of essential services like water and sewer­ age disposal in Indigenous communities and of the over­ • there is no culture, so we can nominate and endorse representation of Indigenous people in the criminal justice a national culture; and system is evidence enough of Australia’s failure to accord us our citizenship rights. • there is no decision-making structure or system of authority so we can empower a parliament. A more fundamental and radical consideration of citizen­ ship and what it means is necessary. The concept of citi­ In rejecting the existence of Aboriginal and Islander zenship is ill-defined, poorly understood, confused and nations in 1901 the establishment of the nation state, Aus­ confusing. There are two types of questions which need to tralia, was legitimated and the displacement and annihila­ be asked to get a grip on what we mean when we talk of tion of our structures was sanctioned by law. The very citizenship. foundations of the current accepted Australian legal, polit­ ical and social institutions and the Commonwealth of Aus­ tralia are based on the total denial of pre-existing systems.

3. Mabo and Others v. The State of Queensland [No:2] (1992) 175 CLR 2. Ibid. 1 at 69 per Brennan J.

18 OCTOBER 1996 / m igration A ction More than two centuries after invasion the High Court’s recognition and protection by the nation state. Too often, if Native Title Decision recognised that in 1788 a complex Indigenous culture does not comply with a non-Indigenous system of land tenure existed in this country. This decision romanticised version of ‘traditional’ Aboriginal culture did not, as is too often believed, give Indigenous people then it is deemed unworthy of protection. rights to country, it merely recognised what we have always known — that we had and have unique rights to Non-Indigenous Australia wants a blackfella culture that is land. And it recognised those rights on our terms: rich with witchetty grubs, walkabout and woomeras. The culture which existed here 208 years ago is seen as the only these people haven’t lost this land, they are now legitimate Indigenous culture worthy of legal protection. recognised under Balanda (white) law. That’s all it We have all heard talk of ‘proper blackfellas’ who are con­ is — a recognition. In our own law it has been rec­ sidered deserving of protection because they have main­ ognised for thousands of years, and that law tained a traditional lifestyle and are ‘really’ Indigenous. remains. We never lost it to anybody. It is a restating of our rights of ownership to land.4 It is an act of cultural imperialism to presume that non- Indigenous Australians have the right to judge the authen­ For the first time Australian law recognised the continued ticity of Indigenous culture. It is fundamentally racist to existence of Indigenous political and social organisations. say that the only Indigenous culture worthy of protection is This decision and the continued existence of our laws, our a culture which cannot create its own future. A culture highly developed decision-making structures, our lan­ which is not living. Such an approach says, the only good guages and our cultures represent a fundamental challenge Aboriginal culture is a dead culture. Such an approach is to the cornerstones of this nation. easily refuted by the mountain of anthropological, socio­ logical and ethnographical evidence to the contrary. I know that such a challenge to the legitimacy of the Aus­ tralian nation state is deeply threatening. I appreciate that This argument also denies the role of non-Indigenous cul­ it is difficult to acknowledge that the advancement of the ture in the breakdown and disruption of Indigenous sys­ Australian nation has been made at the cost of our human tems and structures. The immorality of denying us rights and the suppression and decimation of our cultures. recognition on the grounds that our culture has not sur­ I recognise that it is nigh on impossible to admit that Aus­ vived invasion intact is conveniently forgotten. This is pat­ tralia has been built on illegal and immoral foundations. ently unacceptable when cultural destruction was, for many years, official government policy. Such a system But saying all this does not make it untrue. which enables majorities to profit from their own injustices must be rejected. Arguments that reject the survival of Indigenous law and culture still abound. In 1996, more than ever, talk back Second, it is argued that to recognise our systems and radio hosts, politicians and academics continue to chal­ structures will threaten the social stability and territorial lenge the existence of our laws and culture, our sover­ integrity of the nation state. The implication is that the rec­ eignty as independent nations. They continue to deny us ognition of the rights of Aboriginal and Torres Strait citizenship of this nation and our identity as Indigenous Islander peoples will irreparably damage Australian sover­ Australians. eignty. This argument requires complex refutation.

Thirty years on from the referendum, the reality is that we In the first instance, such an approach is untenable on remain de facto exiles in our own country. Thirty years on, human rights grounds. The promotion of the interests of the exercise and enjoyment of our right to citizenship still the many can never justify violating the human rights of turns on the relinquishment of our unique identity. Various the few. I acknowledge that the nation state must negotiate arguments are presented to support claims that our systems between sometimes competing interests to maintain stabil­ and structures are redundant. ity. But there has never been genuine negotiation with Indigenous peoples, there has never been agreement First, opponents contest that Indigenous culture, laws and between Indigenous and non-Indigenous Australians as to socio-political order no longer exist at a level worthy of the terms of our citizenship in this nation.

Next, this argument breaches international law and denies 4. Galarrwuy Yunupingu, speaking at presentation of title to part of the Upper Daly land claim and quoted in Aboriginal and Torres Strait our right to self-determination. This right is protected Islander Social Justice Commissioner, Native Title Report: January-June under the first article of the two core human rights instru­ 1994, AGPS, 1995, p. 76.

OCTOBER 1996 19 M igration A ction

ments — the International Covenant on Civil and Political torically and generally worse treatment. Indeed such an Rights and the International Covenant on Economic, approach will only serve to entrench our disadvantage. The Social and Cultural Rights. continued adoption of principles of exclusion, oppression and abuse will only cement the current state of affairs. The right of the majority in this nation to determine its own future has never been in question, indeed the constitution Radical reconstruction of the nation state to include the of the nation state actively supports this. But our capacity distinct political rights of Indigenous Australians is neces­ to exercise and enjoy this right has always been controver­ sary. The debate which precedes the Centenary of Federa­ sial and strongly opposed. Recently the government has tion must look to constitutional change which establishes a rejected self-determination as a plank of Indigenous affairs framework for community which Includes Indigenous no policy and has instead replaced it with a watered down less than non-Indigenous Australians. Tinkering with the notion of self-management. edges of the existing constitution, fiddling with the nuts and bolts of the existing institutions of this nation will sim­ I also reject the assertion that suppressing the rights of ply not be enough. Indigenous Australians is necessary to protect the security and stability of the nation. Indeed the opposite is true. It is We must look to a reform process that includes Indigenous when a people is oppressed and denied its rights that insta­ Australians and protects and promotes our unique status in bility occurs. In the future Indigenous nations may well this county. I am calling for a radically new approach to the resort to secession if the appalling conditions under which place of Indigenous people in the reformulation of Austral­ they exist within the nation state are not addressed. ian citizenship.

The final most common argument against recognition of Let’s now consider my first question — what are the rights our unique status, and closely allied to the argument of and responsibilities which adhere to an Australian citizen? societal stability, is the contention that the principle of And more specifically, what would we require in terms of equality requires that all Australians are treated the same. the rights of Aboriginal and Torres Strait Islander citizens? This approach rejects different treatment as unfair, as con­ trary to the great Australian ethos of the ‘fair go’. Such an These are not questions that I can answer. The answers are approach says that we have one Australia and that we are to be found in future discussion. It must however be dis­ all unified under one national system of institutions which cussion which genuinely includes the voices of Aboriginal apply to us universally, irrespective of our status: and Torres Strait Islander peoples. There are, however, several issues which I believe must be placed on the ... we are all Australians together, united under a agenda as we move towards this debate on citizenship and common body of law, to which we [are] all subject constitutional reform. but from which all o f us [are] entitled to an equal dispensation of justice. My view is that we are one First, what are the basic rights of all citizens? In the nation.5 absence of A Bill of Rights or a Constitutional Statement of Rights in Australia we must look to international law to But this is an equality which relies on homogenisation and provide us with a sound basis for compiling a list of those sameness of treatment. It is a citizenship which erases peo­ rights which ought to accrue to citizens. ples’ differences in the quest to unify all Australians under the banner of ‘one Australia’. It is an approach which The universality and interdependence of human rights implies that recognition by the law and just treatment come must underpin this discussion. There is a danger that dur­ to those prepared to toe the majority line. ing the debate economic, social and cultural rights will be subjugated to civil and political rights. It is meaningless to Such an approach denies our unique status in this country separate these categories of rights. Indigenous Australians as its First Peoples and it also denies the unique position know too well the interaction which exists between these we occupy in this nation after more than 200 years of families of rights. We know that homelessness renders oppression and dislocation — an unenviable position as meaningless a right to vote, we know that without educa­ this nation’s most disadvantaged citizens. To treat Indige­ tion and employment equality before the law is more diffi­ nous Australians as non-Indigenous Australians will fail to cult to achieve. A system of citizenship that precludes full address the acute disadvantages we suffer as a result of his­ and equal attention to the economic, social and cultural is inadequate to the recognition of the rights of any citizens. 5. Transcript of the Prime Minister-Elect the Hon. John Howard MP: Given the dire economic and social status of Aboriginal Press Conference, Sydney, 4 March 1996, p. 17.

20 OCTOBER 1996 / I M igration A ction and Torres Strait Islander peoples a system which ignores I do not have the space here to elaborate the group or col­ this category of rights will clearly not work for Indigenous lective rights asserted by Indigenous peoples. They are Australians. most succinctly expressed in the Draft Declaration on the Rights of Indigenous Peoples. Some of the key categories Next we must look long and hard at the principle of free­ are territorial rights, cultural rights, intellectual property dom from discrimination. The right to non-discrimination rights and the right to self-determination. The right to citi­ in all areas of public life is a necessary condition for full zenship must provide constitutional and on-going recogni­ citizenship. This principle is a cornerstone of international tion of our group specific rights. human rights instruments and is domestically endorsed by the provisions of the Commonwealth Racial Discrimina­ Up to this time citizenship has meant little to Aboriginal tion Act 1975 (Cth). Although there is little challenge to the and Torres Strait Islander Australians. We have been principle in broad terms what is required by this principle exploited and oppressed with and without citizenship. In is actually highly contested. I have already alluded to the the next few years this nation must move beyond tradi­ dangers of interpreting equality as sameness, of ensuring tional concepts and stretch the way that it thinks about cit­ only equality of treatment. izenship and political participation. Until it does this and until the more fundamental moral and political issues At an international level the principle of non-discrimina­ around citizenship have been settled, there will be little in tion applies not only to opportunities but also to outcomes. the way of real change. Together we must redefine what it The Convention for the Elimination o f All Forms o f Racial means to be an Australian citizen so that that definition Discrimination, for example, explicitly states that freedom recognises and protects the rights of this nation’s First Peo­ from racial discrimination does not simply mean equality ples. of opportunity or the removal of explicitly discriminatory barriers. It means that everyone, without distinction as to Michael Dodson is Australia’s first Aboriginal and Torres race, colour, national or ethnic origin, has the right to Strait Islander Social Justice Commissioner appointed equality before the law and the full enjoyment of all basic under the provisions of the Human Rights and Equal rights. It requires that the outcome and not just the formal Opportunity Legislation Amendment Act (No. 2) 1992. process be non-discriminatory. The position of Aboriginal and Torres Strait Islander The principle of non-discrimination means then that Indig­ Social Justice Commissioner was created as a result o f the enous Australians enjoy all basic rights to the same extent Royal Commission into Aboriginal Deaths in Custody and as non-Indigenous Australians. ‘Unity’ and equality of the National Inquiry into Racist Violence. Commissioner treatment will never achieve this. Such facile notions Dodson has been a prominent advocate on land rights and which pepper political debate at this time mask and rein­ other issues affecting Aboriginal and Torres Strait Islander force division between Indigenous and non-Indigenous peoples. The Commissioner took up his current appoint­ people and hide our marginalisation and the violation of ment on 27 April 1993. our human rights. Born in the Northern Territory township o f Katherine, Finally, the issue of group rights must be placed on the Mick was educated in Katherine, Darwin and Victoria. He table during the debate on citizenship and constitutional completed a Bachelor of Jurisprudence and a Bachelor of reform. Within the western legal framework the protection Laws at Monash University. He worked with the Victorian provided for group rights is, at best, minimal — a few little Aboriginal Legal Service from 1979 to 1981, when he considered articles of the ICCPR. The Government’s became a barrister at the Victorian Bar. He joined the recent policy approach to self-determination for Indige­ Northern Land Council as Senior Adviser in 1984 and nous peoples in this country is testimony of the traditional became Director o f the Council in 1990. unwillingness of nation states to recognise and embrace group rights. Commissioner Dodson is a vigorous advocate of the inter­ ests of the indigenous peoples of the world. He was the co- An interpretation of rights limited to the rights of the indi­ Deputy Chair of the Technical Committee for the 1993 vidual is, however, inadequate to Indigenous peoples. The International Year of the World's Indigenous People. recognition of Indigenous group rights is a necessary con­ dition for the practical enjoyment of all other rights by Mick’s most direct contribution has been in the crafting of Aboriginal and Torres Strait Islander peoples. the text o f the Draft Declaration on the Rights of Indige­ nous Peoples.

OCTOBER 1996 21 Iffil igration A ction Australian Citizenship: What does it mean today?

Kim Rubenstein British subjects. This reflects on our association with the United Kingdom, and our sense of identity. Introduction After 1986 Australians became solely Australian citizens. Citizenship is often discussed as a singular concept, when The laws also changed about birth in Australia leading to in fact it has various meanings. There are three different citizenship. The law presently states that if a person is born conceptions of citizenship canvassed in this article. The in Australia, and one of their parents is an Australian citi­ first is citizenship as a legal status; who by law is consid­ zen or permanent resident, that person is an Australian cit­ ered a citizen, and the legal consequences that brings. The izen. If neither parent is an Australian citizen or permanent second is a broader notion of citizenship as participation resident then birth in Australia is not sufficient to obtain and membership of a democratic community. It is often citizenship immediately. Those persons must be ordinarily assumed, not always accurately, that citizenship as a legal resident in Australia for 10 years from their birth before status restricts one's citizenship as a member and partici­ they will be recognised as Australian citizens. pant of a community. The third way we talk about citizen­ ship is as akin to civic virtue and civic knowledge. It In addition to being born a citizen, people can become reflects a commitment to the public good, most often Australian citizens by adoption, descent and grant. There through participation in public life. are further rules about when that can actually occur. There are also rules in the Act about how Australian citizenship This article explains how citizenship is defined in Aus­ can be lost. This is all important, but what does it tell us tralia as a legal status. Further, it explains how we include about the meaning of Australian citizenship? Actually, it more than “legal citizens” in our understanding of citizen­ tells us very little. The only indication we get from the Act ship as participation and membership of the community. is from the preamble, which does not have any substantial Finally, it examines the areas of activity that are currently legal effect. The preamble states that Australian Citizen­ valued as civic virtues in our efforts to enhance citizenship ship involves the obligations of loyalty to Australia, its in Australia. people, sharing their democratic beliefs, respecting their rights and liberties, and upholding and obeying the laws of The legal status of the citizen Australia. The next section will try to explain what that means in legal terms. To find out who is an Australian citizen we need to look at the Australian Citizenship Act 1948. This Act has been The legal consequences of Citizenship amended many times, so the definition of who is a citizen has changed over the years. The legal consequences of citizenship are disparate, and not consistent with any particular philosophy or approach In fact, the term Australian citizen only appeared in 1948 to membership of the Australian community. There is no with the introduction of the Nationality and Citizenship singular source of law that defines the results of citizen­ Act 1948 (C'th), now known as the Australian Citizenship ship. The Australian Constitution does not mention Aus­ Act 1948 (C'th) (the Act). Before that, people born in Aus­ tralian citizenship; we were British subjects and Subjects tralia, or naturalised in Australia, were British subjects. In of the Queen when the Constitution was drafted. There is 1948, people living in Australia who were British subjects nothing in the Act to explain exactly what citizenship in (including those people who had not been born in Australia Australia means. but who had resided in Australia for five years) were auto­ matically recognised as Australian citizens. Also, people For that we must rely on other pieces of law. Even when born in Australia at that time became Australian citizens by pulling these together, however, the picture is not much virtue of their birth. There were also mechanisms available clearer. The formal distinction between citizen and non­ at that time for citizenship by descent and grant. Until citizen is not extensive in Australian legislation. The two 1986, Australian citizens were both Australian citizens and major pieces of Commonwealth legislation that distinguish

22 OCTOBER 1996 t M igration A ction citizens from non-citizens are the Commonwealth Elec­ The Commonwealth Public Services Act 1992 distin­ toral Act 1918 and the Migration Act 1958. In addition, guishes between citizens and non-citizens when it comes each State's electoral legislation affirms the requirement of to permanent employment. Permanent residents may be citizenship. In turn, each State's legislation prescribing appointed on a probationary term, upon undertaking that jury service relies on the electoral rolls, therefore linking it they will seek Australian citizenship. Australian citizens back to citizenship. The Commonwealth Public Services receive automatic confirmation after two years on proba­ Act 1992 distinguishes citizens and non-citizens when it tion. comes to permanent employment, and only Australian cit­ izens can obtain an Australian passport under the Pass­ Another significant practical consequence of citizenship ports Act 1938. Interestingly, there is no distinction relates to travel in and out of Australia. The Migration Act between citizen and non-citizen in the Defence Act 1903. 1958 governs this area. Non-citizens must have a valid visa in order to travel to and enter Australia. Political participation in democratic systems highlights a significant legal consequence of citizenship. In Australia, Each of these examples concern the legislative conse­ of course, voting is mandated. Not only are citizens enti­ quences of the status of citizenship. These can be taught tled to vote, they are obliged to do so. Failure to vote at an to school children as examples of how the law treats Aus­ election without a valid and sufficient reason is an offence tralian citizens differently to non-citizens. It remains to resulting in a fine. Citizenship, in terms of voting, there­ explain, however, the broader notion of participation and fore confers both a legal right and a legal duty. However, membership of the Australian community. not all citizens have the legal right to vote. When it comes to the right to participate in the political process, non-citi­ Citizenship as membership of the Australian zens are placed alongside children under the age of 18, per­ Community sons of unsound mind, and some criminals. They are therefore in the same position as those citizens who are The word “citizen” in contrast to the word “subject” indi­ unable to vote in Federal or State elections. cates something about citizenship. Subjects are subjected to particular rules, laws and obligations, imposed by the Voting at Local Government level, however, is different to state. In contrast, there is a more democratic foundation to Commonwealth and State requirements. The Local Gov­ the concept of citizenship - the individual no longer sub­ ernment Act 1989 (Vic) entitles property owners of any ject, but governed and, ultimately, governor of the state; rateable land in a ward and who are over 18 to be enrolled sovereignty lies with the people. Notions of equality and to vote. Similar provisions exist in South Australia and ideas of participation infuse the difference between citizen Tasmania. As local government is the closest form of gov­ and subjects. ernment to the people, and is concerned with the delivery of important services such as water, garbage collection, Citizenship is as much a political concept as it is legal, for libraries, and other amenities, it is a significant part of the it is concerned with the interaction and relationship community. Therefore, voting rights do exist for some between individuals, and between the state and individu­ non-citizens in State local jurisdictions. als. In this sense, citizenship is discussed as membership of the community. Yet, membership has been recognised as Being elected as a Commonwealth Parliamentary repre­ something more than the political. One of the noted theo­ sentative is only available to Australian citizens over the rists on citizenship, Thomas Henry Marshall, defined citi­ age of 18. Moreover, being a citizen of another country dis­ zenship as a status bestowed on those who are full qualifies persons from being members of Parliament. members of a community. In doing so he expanded citizen­ ship to include social rights, as well as political and civil Jury Service is a public legal duty that flows from citizen­ rights. Thus, according to Marshall, social citizenship cov­ ship. The Federal system relies on State laws to determine ers basic living standards, including health care and educa­ the composition of juries. Thus, the legal consequences of tion. citizenship, which logically should be consistent, are not. Each State has its own laws determining who should serve Social and economic “membership” rights on a jury. While the States determine liability for jury serv­ ice primarily by electoral rolls, each have disqualification Membership of the community must involve other forms provisions, and all provide for exemption from jury serv­ of participation than simply the political. Voting rights and ice. These disqualifications and exemptions mean that political representation rights have not translated into full many citizens are not responsible for jury service. membership of the community. Marshall raised social and

OCTOBER 1996 23 M igration A ction

economic rights as fundamental elements of citizenship. the legal status of “citizen” is not essential for membership Factors which may be considered as representing social of the community. membership of a community which are highlighted in this section are working rights, social security rights, and the Similarly, Australian citizens are not the only persons lia­ duty to pay tax. Entitlements to social and economic rights ble to pay taxes. Residents of Australia also pay taxes to are not exclusive to Australian citizens. the government. Tax duties are related to working rights, and this further emphasises the equality of membership of Working rights citizens and non-citizens who work. This has not translated into a requirement for democratic representation of work­ Non-citizens can work in Australia. Restrictions that may ers. The slogan from the American revolution of no taxa­ be placed on them flow from the terms and conditions of tion without representation has not been adopted. their visas when they enter the country. However, beyond the short stay visa, the majority of temporary visas entitle In the examples of social citizenship that have been identi­ work of some sort, depending on the class of visa. Given fied in this part of the article, the legal status of citizenship that many temporary residents, and most permanent resi­ is not a significant factor. This shows that the notion of cit­ dents, do have the right to work, then in practical terms, cit­ izenship as membership and participation in the commu­ izens and non-citizens exercise similar levels of nity is broader than the legal status of citizenship. membership. Both suffer equally perhaps, the fickle of the job market and may suffer equal levels of unemployment. Citizenship in Australia as civic virtue Indeed a working non-citizen may feel more integrated into the life of the community than non-working citizens. The third type of citizenship raised for discussion in this article is “civic virtue”. It relates to fulfilling one's respon­ Social security and taxation sibilities to the greater community. Those who fulfil their duty to vote, to be a member of a jury, or who are prepared Another significant reflection of one's membership of a to serve in the defence of the nation are being good citi­ community is the government's approach to social services zens. These responsibilities relate very strongly to the legal support. It may be true that you can join the local swim­ consequences as outlined earlier. ming club, but if you have not got the money to pay for a pair of bathers, it makes it less of an option. The various Loyalty is seen as a civic virtue and is highlighted in the Acts of Parliament presently designating entitlements is preamble of the Australian Citizenship Act 1948 as a fea­ broad-ranging. Significantly, these services are not ture of Australian citizenship. Yet it is another example of directed solely to Australian citizens; Australian residents how the legal term citizen does not correspond with the are included. (Note, however, the 1996 Coalition govern­ greater notion of citizenship as membership and participa­ ment's policy statements about restricting entitlements for tion in the community. The Defence Act 1903 does not Migrants for the first two years of residence) The Social exclude non-citizens from voluntarily joining the forces, Security Act defines an Australian resident as a person nor is there a distinction for the purpose of compulsory who resides in Australia and is an Australian citizen or a conscription. People who have resided in Australia for not person who is the holder of a valid permanent visa. In less than 6 months and who are 18 and under 60, are liable deciding whether a person resides in Australia, the accom­ to be conscripted. That means that non-citizens are treated modation used by the person in Australia, the nature and as members of the community in that they may be called extent of the family relationships the person has in Aus­ upon to join the defence forces. tralia, the indicia of employment, business or financial ties, assets in Australia, frequency and duration of travel out­ In the introduction to the report of the Civic Experts Group side of Australia, and any other matters relevant to deter­ on Civics and Citizenship Education, Professor Stuart mine whether the person intends to remain permanently in Macintyre writes: “a civic capacity depends on informed Australia, are all taken into account. These are all factors and active citizens”. To be informed, citizens need to that are essentially identified as contributing to one's mem­ understand why they are voting, and how the government bership of a community. works. They need to know why they are serving on a jury, and how the legal system operates. The argument is that This expression of membership in the community is an knowledge is fundamental to participation in our political inclusive one, and is certainly to be commended in terms system and legal system. This is an important notion, but of justice and equity within the community. It displays that knowledge should also be tempered by both understanding

24 OCTOBER 1996 / M igration A ction and a facility to critique commonly understood notions of highlight the differences, and display the complexity of the what constitutes civic virtue. meaning of Australian citizenship. To understand the legal effect of citizenship we must look at numerous pieces of Many feminist theorists argue that citizenship and the idea legislation, which are not always consistent, nor philo­ of civic virtue is essentially a male construct. While the sophically based. Moreover, citizenship as a legal status language of citizenship has often be seen as gender neutral does not always sit comfortably with greater notions of it has perpetuated the invisibility of women as members of membership and community belonging, which view social the community. Political scientist Carole Pateman, for and economic participation as necessary parts of an equa­ example, sees liberal citizenship as essentially patriarchal tion. Australia has aimed for inclusive membership by and revolving around a social contract giving rights to including non-citizens in the social and economic fabric of men. Civil rights are essentially public rights, which society. However, we must also acknowledge that even women have not been able to exercise to the same extent among its citizens, we do not have a framework that pro­ as men, because of their traditional roles in the private vides for full and equal participation. The indigenous com­ sphere. Professor Margaret Thornton of LaTrobe Univer­ munity and the often unequal status of women highlight sity has examined the civil status of women as citizens in this. the early years of the twentieth century to “illustrate the peripheral civil status of women as citizens”. She therefore When we discuss citizenship as civic virtue, informed and questions the full membership consequences of citizenship active participation in the political community is a primary for women. Even Marshall's broader view of membership value. Traditionally, this has benefited the more powerful of the community which includes social rights has not been and obviously vocal members of the community. However, free of problems for women: the right to employment, one if broadened in its scope to include the now less powerful of the social rights, has traditionally been seen as the groups within society, the notion of civic virtue may hold domain of men, as bread winners. We have to be careful within its definition the key to a more democratic society therefore, to show that displaying civic virtue may not and an enhanced meaning of citizenship. The challenge always mean that citizenship as full membership is being ahead of us is not only to come to terms with the present fulfilled. differences between citizenship, membership and civic vir­ tue, but also to be creative, broad and inclusive with our Another example of how involvement in public matters, future approaches to citizenship in Australia. such as voting, does not always mean full membership of the community can be seen through the experience of Aus­ Kim Rubenstein is a lecturer in Law at the University of tralia's indigenous community. In 1902, the Common­ Melbourne. wealth Franchise Act denied Aboriginal people who were not already on the electoral rolls of their respective States, This article is a modified version of a chapter to be pub­ the right to vote in Federal elections. It was not until the lished in R Davis (ed) Citizenship in Australia (1996); Federal election of 1963 that all Aborigines (except for forthcoming publication of the Constitutional Centenary those excluded like other citizens because of age, unsound Foundation. mind and some criminals) were entitled to vote. While a significant step, no doubt, the right to vote has not meant full membership of the community by Aborigines. Out­ standing issues of land rights, and access to social rights such as health, education and employment, where Aborig­ inal people are still deprived, underscores the poverty of voting rights when other rights and entitlements are left unfulfilled. This equally applies to other socially and eco­ nomically disadvantaged groups within the community. Therefore, the right to vote, and an understanding of the political system may add to our sense of membership, but it is not conclusive of full membership in the community.

Conclusion

In looking at the various meanings of citizenship, member­ ship and civic virtue in Australia, this article has sought to

OCTOBER 1996 25 Who are the Citizens?

Margaret Thornton and Greek citizenship respectively, despite long periods of residence in Australia (per Mason CJ, Brennan, Dawson, Interpreting the Constitution Toohey and McHugh JJ; Deane and Gaudron JJ dissent­ ing). It is an underlying assumption of the Australian legal sys­ tem that all laws have general effect, that is, they apply to Mr Delacretaz had lived in Australia for forty years and all citizens equally. But this concept of equality before the had been naturalised for thirty. At the time, he had law is a formal one; it does not necessarily mean real, or renounced all allegiance to any sovereign state and sworn substantive, equality for everyone. Some are more equal an oath of allegiance to the Queen. He had also sworn to than others, because legislatures, like courts and other sig­ ‘observe the laws of Australia and fulfil [his] duties as an nificant social institutions are dominated by what I have Australian Citizen’ (p 588). However, he had not applied termed ‘benchmark men’, that is, those who are Anglo- to the Swiss Government to terminate his citizenship. Celtic, heterosexual and able-bodied. Mr Kardamitsis had lived in Australia for more than Women, NESB and Aboriginal people, gays and lesbians, twenty years and had been naturalised for seventeen. He and people with a disability, are ‘others’ who are perceived was married to a naturalised Australian citizen and had to be less authoritative in the public sphere than benchmark three children who were Australian citizens. Mr Kardamit­ men. ‘Others’ are thought to be partial — to be primarily sis had sworn a similar oath of allegiance to that of Mr concerned with vested interests. Only benchmark men are Delacretaz and had surrendered his Greek passport. Mr presumed to possess the requisite degree of impartiality Kardamitsis had also taken oaths of allegiance as a require­ and neutrality appropriate for a sphere of generality. The ment for serving on his local council and becoming a Jus­ historic association between public life and benchmark tice of the Peace. He was unaware that there was a men has permitted them to claim the existence of a natural procedure by which he could have had his nationality dis­ affinity that boosts their authority. charged by applying to the appropriate minister in Greece.

The status of otherness, which may be assigned to those Both men held Australian passports, the familiar indicator who do not fall into the category of benchmark men but of citizenship within the international community. The who seek to play an active role as citizens in public life is slippery test of ‘reasonableness’ was held by the High clearly illustrated by the case of Sykes v Cleary ((1992) Court to depend on the ‘circumstances of the particular 109 ALR 577). Here, we see the High Court utilising its case’ which may include, ‘the situation of the individual, interpretative role as a key social institution to safeguard the requirement of the foreign law and the extent of the the interests of benchmark men. connection between the individual and the foreign state of which he or she is alleged to be a subject or citizen’ (per The citizenship issue in Sykes related to whether two of the Mason CJ, Toohey & McHugh JJ, p. 591). candidates in a House of Representatives by-election should have been disqualified by virtue of Constitution s Section 44(i) of the Australian Constitution was primarily 44(1) if either was a person who: designed to avoid treasonable behaviour on the part of Members of Parliament. There was not the slightest sug­ Is under any acknowledgement of allegiance, obedience, gestion of any such conduct on the part of either of the can­ or adherence to a foreign power, or is a subject or a citizen didates. The evidence before the court revealed that both or entitled to the rights or privileges of a subject or a citizen men had done all that could reasonably be expected of of a foreign power. them to extinguish their original citizenship, which included a formal renunciation of prior allegiances and a Both Mr. Delacretaz and Mr Kardamitsis were naturalised long period of residence in Australia. As Gaudron J (dis­ Australian citizens who were found not to have taken ‘rea­ senting) pointed out, the Parliament could not have sonable steps’ to have divested themselves of their Swiss intended that the oath and affirmation, involving the for-

26 OCTOBER 1996 M igration A ction

Scene in the Albert Hall as the Governor General, Viscount Dunrossil, addresses opening session,November 1961 mal renunciation, should be ‘entirely devoid of legal of downgrading them from citizens to denizens, that is, effect’ (p. 614). Turning the test around, she suggested that mere residents of the country. it did not seem reasonable to expect Mr Delacretaz ‘to seek release when it necessarily involved acknowledgement of Sykes v Cleary illustrates the residual resistance to diver­ citizenship that has already been formally renounced’ (p. sity in the constitution of citizenship, albeit that Australia 617). Why was it not possible for a person to be a Swiss or is an immigrant society, which boasts of its racial hetero­ Greek citizen by birth and an Australian citizen by natural­ geneity and beneficent multicultural policies. It takes no isation? While the Australian Citizenship Act suggests that more than a small scratch to reveal the latent xenophobia a grant of citizenship places a person in the same position beneath the surface that legal formalism endeavours to as one who was born in Australia, a majority of the High hide through the rhetoric of equality before the law. Court did not agree. The Citizenship Act According to Aristotle, and subsequent political theorists, the ‘good citizen’ is one who serves [his] community by As further evidence of the way in which active citizenship actively participating in the life of the polis, that is, by on the part of ‘others’ is discouraged, I turn to the Austral­ holding public office. A mere passive belonging does not ian Citizenship Act 1948 (Cth). Like the Constitution, the suffice. Despite having gone through a ceremony of con­ Act does not attempt to define ‘citizen’ for us, although ferral of citizenship and receipt of the certificate attesting ‘Australia’, ‘child’ and even ‘responsible parent’ are to the grant, Messrs. Delacretaz and Kardamitsis were con­ defined in the interpretation clause (s 5). The Act neverthe­ sidered unfit to hold office and represent their fellow citi­ less proceeds to regulate citizenship by birth, adoption and zens in Federal Parliament, although good enough to be descent. It also authorises citizenship to be granted to a chosen to enter the country and to be granted citizenship. person who is able to satisfy the Minister that he or she has Their ineligibility to stand for Parliament denied them the been (among other things) a permanent resident for two capacity to be good citizens. Dual citizenship had the effect years, is over 18 years, is of good character, possesses a

OCTOBER 1996 27 M igration A ction

basic knowledge of English, and has an adequate knowl­ nity of equals, is designed to mask differences. The edge of the responsibilities and privileges of Australian cit­ dilemma is how to develop a post-modern concept of citi­ izenship (s 13(1)). The grant of citizenship or zenship, appropriate for the year 2000, that allows different ‘naturalisation’ purports to confer on the grantee the same voices to be heard. status as that which a natural-born Australian acquires by birth. In Sykes v Cleary, the majority judges did no more Active Citizenship than briefly refer to the respondents’ naturalisation under the Citizenship Act. There was no consideration of the It is not just the voices of those inside Parliament, but also character of Australian citizenship under that Act, and no those outside, which are significant, for they are able to acknowledgement by the majority that they were creating influence law-making in particular ways. Nevertheless, a two-tiered concept of citizenship. informal groupings represent another important manifesta­ tion of active citizenship that, once again, tend to favour Until recently, the Citizenship Act was a classic illustration benchmark men. of the formalistic approach to citizenship — solely con­ cerned with how to get in and out of it — as there was no Jocelyn Pixley argues compellingly that the opportunity to mention of obligations, such as voting or defending the engage in employment is a basic condition of being a citi­ country against invasion, although a departmental officer zen. Indeed, it is apparent that economic worth, property may have informed grantees that assuming such responsi­ and rationality operate to produce the power capital that bilities was what citizenship meant. However, in 1993, as contributes to active or ‘good’ citizenship. Unemployment a result of criticism by the Senate Standing Committee on and dependency may be devastating for those on welfare. Legal and Constitutional Affairs that the Act contained ‘no Lack of power capital denies them a speaking voice. It is comprehensive statement of who are citizens, nor of their not just a question of inability to pay club membership, but rights and obligations, and because of the obscure drafting the status that flows from unemployment and the absence of the Act’, amendments were effected to acknowledge of power capital that is devastating. The legal concept of ideals of citizenship. A Preamble was included in the Act, citizenship chooses to disregard such crucial dimensions of which referred to citizenship as a ‘common bond, involv­ difference. ing reciprocal rights and obligations, uniting all Austral­ ians, while respecting their diversity...’ In addition, a The power capital of women is significantly affected by Pledge of Commitment, based on a poem by Les Murray, the fact that they are expected to undertake socially neces­ was added: sary caring work in order to leave men free to fulfil their civic duties, and to participate in work, sport and club life. From this time forward [under God], Even if women participate in employment, they are still I pledge my loyalty to Australia and its people, expected to bear responsibility for the preponderance of whose democratic beliefs I share, caring work, regardless of their ethnicity. This gendered whose rights and liberties I respect, and interconnection between private and public worlds has whose laws I will uphold and obey. shown itself resistant to change, despite the contemporary rhetoric. The power capital of benchmark men is aug­ Despite the inclusion of more stirring and inspirational mented by this relationship. Not only does it free them sentiments, the Citizenship Act falls far short of a code of from the responsibilities of child care and housework, it the rights and responsibilities of citizenship. Even the enables them to enhance their power capital through the changes I have referred to are not found in the body of the fraternal ties, such as those arising from sporting and club text, rendering their effect marginal within the canons of life. legal interpretation. Although it is apparent that there has been some movement away from a narrow legalistic con­ The facilitation of ‘good’ citizenship for benchmark men cept of citizenship, Australian citizenship is still generally has enabled them to be seen as the indigenous inhabitants perceived as being somewhat limited in content. This is of the polity, whereas both Anglo and NESB Australian most clearly illustrated by the fact that more than one mil­ women have not been properly accepted as citizens, lion Australian permanent residents have declined to apply despite significant gains over the last two decades. Like for ‘naturalisation’. These ‘denizens’ are precluded from Messrs. Delacretaz and Kardamitsis, they have not been exercising a legislative voice and, even if naturalised, we permitted to be ‘good’ citizens through participation in see that they still may not eligible to become Members of public affairs, other than at the local level. The comple­ Parliament. The universalism of citizenship, underpinned mentarity thesis, which avers that women can realise their by the liberal myth that the citizenry constitute a commu­ good citizen potential by being good mothers in the private

28 OCTOBER 1996 f M igration A ction sphere has not disappeared, despite formal acceptance of Phillips, Anne, (1991), Engendering Democracy, Polity the non-discrimination principle. Religious minorities, Press, Cambridge together with gays and lesbians, have also been located Pixley, Jocelyn, (1993), Citizenship and Employment: within what David Evans calls ‘a marginal matrix of citi­ Investigating Post-Industrial Options, Cam­ zenship’. bridge University Press, Melbourne Report by the Senate Standing Committee on Legal and Conclusion Constitutional Affairs, (1993), Australian Citi­ zenship Amendment Bill 1993, Parliament of the Deconstructing the citizen exposes a number of character­ Commonwealth of Australia, Canberra istics not otherwise discernible. When we take a step back­ Thornton, Margaret, (1995), ‘Embodying the Citizen’ in wards and examine the citizen’s supposedly common Margaret Thornton (ed), (1995), Public and Pri­ national identity, we find a plethora of differences emanat­ vate: Feminist Legal Debates, Oxford University ing from race, class and sex, which affect his or her ability Press, Melbourne to participate in the community and be good citizens. We see that the opacity of citizenship has permitted benchmark men to invest it with a substance that continues to operate to their advantage. This can be effected through authorita­ tive institutions, such as legislatures and courts, with few questions being asked.

I have suggested that the abstract concepts of constitution­ ality, equality and citizenship may be invoked to deflect our attention away from the crucial issues of power that continue to skew the administration of justice in the inter­ ests of benchmark men. Scrutinising what lies behind these abstractions invites a move towards a more active under­ standing of citizenship.

Margaret Thornton is Professor of Law and Legal Studies at La Trobe University. This paper was presented at the 16th Annual Conference of the Federation of the Ethnic Communities Councils of Australia, Melbourne, 16-18 November 1995. A somewhat fuller version appears as 'The Legocentric Citizen’ in (1996) Alternative Law Jour­ nal.

References

Aristotle, (1959), Politics, ed. and trans. John Warrington, Everyman’s Library, J. M. Dent & Sons, London Evans, David T., (1993), Sexual Citizenship: The Material Construction o f Sexualities, Routledge, London Gatens, Moira, (1991), Feminism and Philosophy: Per­ spectives on Difference and Equality, Polity Press, Cambridge Jones, Kathleen, B., (1990), ‘Citizenship in a Woman- Friendly Polity’, 15 Signs: Journal o f Women in Culture and Society 781 Pateman, Carole, (1988), The Sexual Contract, Polity Press, Cambridge Peters, Rebecca, (1992), ‘Citizen Peters and Aristotle: The Right to Park in a Loading Zone’, 17 Alter­ native Law 7 106

OCTOBER 1996 29 m igration A ction Public journalism, public partici­ pation and Australian Citizenship

Cratis Hippocrates and Clem Lloyd Public Journalism in the United States: a Short History Introduction

The movement termed “public journalism” in the United A number of American public journalism scholars (Mer­ States is still being defined and is referred to as public ritt, 1995; Rosen, 1993; Hoyt, 1995 and Carey, 1995) all agenda, public journalism, civic journalism, public service cite the 1988 presidential campaign as a turning point for journalism and community-assisted reporting. The move­ the media, although a number of them claim there were ment has two prime goals: one is making news organisa­ signs that the media needed to do something before then. tions listen more closely to their audiences and, two is During that Bush-Dukakis presidential campaign the making news organisations play more active roles in their media had been transfixed by negative campaign tactics by communities. “Detachment is out; participation is in. both the Democrats and the Republicans and were not vig­ Experts are no longer the quote-machines of choice; read­ ilant about issues that mattered to the voters like health ers' voices must be heard.” (Weichelt, 1995, p. 2). Media care, education, race relations and the economy. Rather the organisations, especially newspapers, see public journal­ press was distracted by issues to do with how each candi­ ism as a means of revitalising shrinking circulations by date would deal with crime, issues of capital punishment, greater inter-activity between newspapers and community image issues revolving around both candidates and their groups in the formulation of public policy and the fulfil­ wives. ment of the democratic process. Politicians see it as a means of countering the rapidly dwindling interest of vot­ Weichelt (1995) says not long after this 1988 campaign ers in public affairs, public administration and the choice Kansas editor Davis “Buzz” Merritt, and then reporter of public representatives. Community groups see it as a from Buffalo, Jay Rosen, met at a seminar sponsored by means of restoring integrity and effectiveness to the dem­ the Kettering Foundation. Merritt and Rosen found com­ ocratic principles of free speech, public debate and the mon ground. Both are now full-time proponents of public widest possible community participation in the processes journalism. Merritt has written a book on public journalism of government and the expression of citizenship. Public and Rosen is the director of the non-profit Project on Pub­ journalism is perceived to be a “win, win, win” scenario lic Life and the Press at New York University. for the media, the political system and the community. The media is a winner because they position themselves at the Rosen and Merritt defined the early ground for the public core of debate by being the catalyst for that debate regard­ journalism movement in the United States throughout the less of the issues. Politicians are winners because they first half of the 1990s. The pair have collaborated to pro­ obtain access to the media in a meaningful and communi­ duce a book titled Public Journalism: Theory and Practice cative way thus increasing both profile and credibility to published by the Kettering Foundation which sets out to the electorate. The community is a winner because it ben­ define the practice of public journalism and to develop an efits by greater participation in the policy-making process understanding of why it is needed in America today. through the public journalism initiative. Rosen’s 1996 essay “Getting the Connections Right: Pub­ lic Journalism and the Troubles in the Press” has estab­ So is public journalism happening in Australia? If not, why lished him as a key figure in the “community should it happen and can it be of benefit? And how could conductances” or the public journalism movement. it happen if it was to be introduced? This paper will exam­ ine a short history of the American movement, discuss and Rosen is a forthright proponent of public journalism and he examine Ohio’s Akron Beacon Journal “A Question of recognises the press’ power of persuasion, in fact he advo­ Colour” Pulitzer prize-winning public journalism project cates it. He advocates a persuasive press as a remedy to a and suggest how race relations in Australia could become recalcitrant American media that has been concerned with a public journalism project here in Australia. style and not substance and the cult of personality while important democratic institutions wither. Rosen says,

30 OCTOBER 1996 / M igration A ction

“Public journalism calls on the press to help revive civic nomic, technological, political, occupational, spiritual, and life and improve public dialogue — and to fashion a coher­ intellectual. He says all of these “alarm bells are ringing ent response to the deepening troubles in our civic climate, simultaneously” and that they are: most of which implicate journalists” (1996,p.l). Rosen is not all doom and gloom about the media’s role as a forum Economic: It is not clear what journalism produces that for democratic debates but he issues a warning, of sorts, to has enough added value to sustain serious practice. As journalists, and editors, get involved or report the continu­ journalism educators we obviously feel that journalism ing decay of American style democracy. does have enough added value that requires “serious prac­ tice” and that public journalism could lend weight to this Self government, public deliberation, participatory practice. democracy — these familiar themes, if taken seri­ ously, can re-charge the batteries of the press and Technological: Journalism holds an uncertain place in a show the way to much-needed reforms.... As many reconverged world where information will be everywhere. in the press have come to realise, this is a moment of truth in American newsrooms. No one knows Political: Public support is badly eroded because the press whether “journalism”, as presently done, can sur­ is implicated in a political system that doesn’t work. vive the commercial pressures of an expanded media universe. At the same time, there is no telling Occupational: Newsrooms need to become exciting and where the floating discontent with politics and pub­ innovative places that are more democratic and more lic life will lead. One thing is clear, however: there diverse; professional standards need to be upheld. can be no safe haven for journalists, no point out­ side the current mess from which they can observe Spiritual: We don’t know what journalists are willing to what happens without themselves contributing — to be “for”, so familiar are we with what they’re against. the deepening problems, or to possible solutions. (Rosen, 1996. p.l) Intellectual: It is difficult to think well with the existing language of journalism and thus address all these issues. Rosen and his public journalism colleagues (Carey, 1995; Merritt, 1994; MacNeil, 1995; Denton & Thorson, 1995) Some Public Journalism Projects Reviewed all argue that journalism processes need re-visiting and reviewing. Rosen says one of the first of the case studies/projects was the 1988 project at the Ledger-Enquirer in Columbus, The most popular manifestation of public journalism has Georgia. The paper published a series of articles detailing been the case study or project approach for newspapers, a host of long-term problems the city had to face. When radio and television stations. Some of the case studies or there was little response to the series, the editors decided to projects have been coordinated across mediums, including take the experiment a step further. They organised a public radio and television as well as newspapers. This sort of col­ meeting where residents could discuss the future of their legial approach to an issue (or is it just a cross-promotion) city and the problems they felt should be faced and wanted has worked well for a number of projects. The case study/ to see addressed. Because of the response to that meeting, project approach has been adopted by a number of leading a new civic movement was born, United Beyond 2000, that American newspapers and their organisations in a coordi­ was led by Jack Swift, the editor of the newspaper. The nated manner to focus the debate on an issue, to promote purpose of the group was to get a public dialogue working. the newspaper’s circulation and to debate a significant The group sponsored other public forums. issue in the community. There are attendant benefits to all three constituencies: the media win increased support There have been many notable case studies/projects under­ (more readers, viewers, listeners) for the life of the project taken throughout the 1990s as examples of public journal­ and if the marketing arm of the medium is informed there ism. A range of newspapers involved in these projects might be business opportunities to be explored, the com­ include: The Sun in Bremerton, Washington, The Wichita munity gains a viable voice in community affairs and the Eagle, The Akron Beacon Journal in Ohio, The Charlotte political system is enlivened by the one ingredient that Observer, The Star- Tribune in Minneapolis, and The Port­ democracy needs more than anything else — participation. land (Me.) Press Herald. Rosen says what distinguishes community Connectedness from simple crusading is the Rosen says public journalism is a response to what he calls, emphasis on public discussion and civic involvement. “six alarm bells for the American Press” (1995:7) the eco­

OCTOBER 1996 31 m IGRATION ACTION The application of this public journalism concept as devel­ Throughout the story readers were invited to call, oped by American journalism scholars Rosen, Merritt, fax or write in response to the following questions. Carey, MacNeil, Hoyt and others to the Australian context Is your neighbourhood integrated or segregated? is dependent on the relevance of the issue. In Australia Which is best for your children? Would you move today, race relations between white and black Australians, if the make-up of your neighbourhood changed? issues like immigration and multiculturalism have taken on Can you give examples of blacks and whites living a new turn beyond the study of historical issues about set­ together in a neighbourhood and making it work? tlement and migration, policy debates in Cabinet rooms, ATSIC funding and the musings of maiden parliamentary The newspaper also provided a conduit for those speeches to issues that need the scrutiny of public debate who were prompted by what they read to “do some­ in the public journalism style. An example of how this thing” about race relations by providing a form for debate might be conducted through a newspaper can be interested readers to fill out and send back to the experienced through an examination of Ohio’s Akron Bea­ newspaper. The newspaper then promised to bring con Journal 1994 Pulitzer prize-winning “A Question of like-minded people together for meetings to “do Colour” coverage. something” about race relations in Akron.

“A Question of Colour” The Akron Beacon Journal’s commitment to the “A Ques­ tion of Colour” series was a year-long one, 30 years after The four-part project “A Question of Colour”, pub­ Martin Luther King’s “I have a dream” speech about equal­ lished in 1993, won the 1994 Pulitzer Prize for public serv­ ity in America. Using data from federal and state govern­ ice journalism. The newspaper published a series of stories ments, state and local schools, police and courts, the under the logo “A Question of Colour” with a sub-head newspaper set out to examine disparities between the races focusing on a different aspect of this issue on a weekly in the areas of housing, education, economic opportunity basis. The Series included stories like this one: and crime. The aim was not to trot out contrasting statistics but also to examine the human face behind why substantial • The streets where we live: This aspect of the series spoke gaps still persist in the 1990s despite decades of effort to about the make-up of the different neighbourhoods in the close those disparities. city and suburbs. It looked at where blacks and whites lived, the affluence of their respective suburbs and put a Each quarterly instalment was run over three days examin­ human face on the statistics by interviewing poor, middle ing each issue in detail and following up with focus groups and high income blacks and whites and their attitudes and other forums depending on the popularity and needs of towards each other in their respective neighbourhoods. the issue. At these focus groups reporters observed what went on and wrote stories to provide qualitative research to Headline: Moving on up has subtle price complement the quantitative data. During the series the paper invited community organisations to volunteer to This story focuses on the dilemma of young suc­ establish projects addressing race relations, and hired facil­ cessful black couple who can afford to live wher­ itators to aid in project planning. With the last part of the ever they wanted. The story says; “the issue for the series, the paper invited readers to send in a coupon pledg­ Currys boiled down to this: “Do we live with the ing to fight racism: more than 22,000 area residents white folks? Or do we live with the black folks? responded, 10,000 of whom were actively engaged in race They saw this as having to do with who they are as relations projects by the middle of 1994. people and who they want their young children to become. In this article questions are raised about Implementing Public Journalism in Aus­ integration and assimilation in a discursive and pos­ tralia itive manner, rather than in a pejorative way, which was how race relations had been characterised in Implementing public journalism projects in Australia the US media for some time. would require an acceptance that crusading journalism is again desirable. Australia’s journalism pioneers like Supporting the personal stories about whites and Andrew Bent (Hobart Town Gazette, who campaigned for blacks were a range of statistics, maps and inter­ free speech), Dr. Robert Warded (The Australian, who views with community leaders about whites and campaigned for a free press) and Edward Smith Hall (The blacks living together in Akron, Ohio. Sydney Monitor, who campaigned for free press, trial by jury and representative government) and their achieve-

32 OCTOBER 1996 f M igration A ction ments are chronicled in Gordon’s (1988) An Eyewitness Feedback from the project would need to be enabled with History of Australia. In those early days of Australia’s set­ specific lines of communication back to the newsroom. tlement the issues were significant and obvious for the This could be done in the form of questionnaires, fax lines, press. Today it is more difficult to debate in the media sig­ internet sites and focus groups organised by community nificant community issues because of the many voices that groups that the newspaper could report on as the Akron are represented. If public journalism is to be implemented Beacon Journal did in its news pages. it needs to be organised, using something like the Ameri­ can model as a guide. 5.AnaIysis

Five steps to Public Journalism From the range of feedback that the Akron Beacon Jour­ nal’s “A Question of Colour” series delivered the newspa­ 1. Agenda per was able to provide detailed analysis of the benefits for airing this debate in real terms because of the wide range Firstly, the issue would have to be decided on. Is it to be of community organisations that supported the newspa­ race relations or free speech? And once that is decided a per’s initiative. The social benefit was real in that many sub-set of issues needs to be set for examination. issues were debated, and organisations were established to deal with racial tension in the Akron community. Impor­ 2. Resources tantly for the newspaper, it became the focal point for this debate, and its circulation rose accordingly. A resource commitment would have to be negotiated with media organisations, say a newspaper and radio station. In The race relations and immigration debates in Australia are Queensland, two partners could be The Courier Mail and pejorative by their very nature. They have been character­ the ABC. A reporting and research team would have to be ised by allegations of misuse of funds by different Aborig­ established within the newsroom. A project leader (usually inal organisations, highly charged debates about land a senior editor) would be nominated and a range of report­ rights issues by both black and white interests, a gulf of ers (around four to five on a metro daily, fewer on a misunderstanding about the traditions of ATSIC and immi­ regional daily) would be given the task of working on the grant peoples and by emotionally charged statements from project (these could be part-time secondments, to minimise a range of politicians. Under parliamentary privilege West­ impact on the newsroom but this would depend on the ern Australia’s Graeme Campbell and Queensland politi­ timetable set for the project). In association with the cian Pauline Hanson have criticised governments and newsroom organisation a team of researchers needs to be ATSIC for their funding of Aboriginal issues. Hanson’s established to work on the program. These researchers speech, in particular, has touched off a debate about access could be internal or external personnel depending on to government funds for Aboriginal and Torres Strait expertise needed. Researchers would be responsible for Islanders, covering comments about Asian immigration providing data from the range of government sources and multiculturalism. It has prompted a debate about free available and liaising with community contacts and lead­ speech that has involved the Prime Minister John Howard ers. In the Akron Beacon Journal’s reporting teams editors and a range of other commentators who have taken differ­ made sure there was a mix of races and sexes and adver­ ent positions on the substance of the Hanson comments tised this by publishing who was on the reporting team. and her rights to make those comments.

3. Thnetable In short, the media is reacting to these complex debates in the only way its knows. With 30-second grabs, adversarial A timetable for the issue to be run would have to be television current affairs and info-tainment (Hanson and planned. The Akron Beacon Journal, ran their program Perkins on the Midday show), in news and commentary over a 12-month period, running issues on a quarterly basis pages. The media are trying to cover all the angles in a (every three months or so) on housing, education, eco­ piecemeal way, without really focusing, or mediating the nomic opportunity and crime, respectively. One dedicated debate like the public journalism movement does. Both the team could run across each of these themed areas or each race relations and free speech debates deserve a more seri­ area could be tackled by the specialists in housing, educa­ ous and sustained treatment if journalists and journalism tion, economics and crime. are to fulfil the role of “professional problem solvers and public sense-makers” as described by Dennis (1989, 4. Feedback p.l 82) and Hartley’s vision of journalists as the “sense­ making practice of modernity” (1995, p.20). Not to tackle

OCTOBER 1996 33 M igration A ction

these significant debates as public journalism projects ------and Jay Rosen (1994) Public Journalism: Theory means the community will have to observe these important and Practice, Dayton, Ohio: Kettering Founda­ identity-shaping debates through the labyrinth of the 30- tion second grab, the splash headline, the cut and thrust of news Rosen, Jay (1996) Getting the Connections Right: Public and columnists’ opinions. Public journalism is more user Journalism and the Troubles in the Press, New friendly and demands a link to the community. York: Twentieth Century Fund Press ------and Davis Merritt (1994) Public Journalism: What a public journalism project would do with either the Theory and Practice, Dayton, Ohio: Kettering race relations issue or the free speech debate is take the ini­ Foundation tiative and provide a vehicle in a much more ordered man­ ------(1993) Community Connectedness: Passwords ner, along the lines of the Akron Beacon Journal’s for Public Journalism, St.Petersburg, Florida: approach. The Akron Beacon Journal model could provide Poyneter Institute for Media Studies a prototype for a significant social issue like race relations Weichelt (1995) “Public Journalism: Leadership or Read­ to be debated in the Australian context. Rosen (1996) sums ership?”, A paper presented to the Association up the benefits of public journalism in Getting the connec­ for Education in Journalism and Mass Communi­ tions Right: Public Journalism and the Troubles in the cation, Washington, August Press: Additional Sources Akron Beacon Journal’s “A Question of Colour”, Public “Public journalism, at its best, leaves behind some Journalism series of reports published through­ additional capacity in the community, augmenting out 1993 its ability to ‘recognise itself, converse well, and Pew Centre’s Case studies on Civic Journalism available make choices’. About this development public on the World Wide Web journalists are permitted to care, and care deeply.” (Rosen, 1996, p20) Cratis Hippocrates is Acting Director of the Centre for Media and Policy & Practice at Queensland University of References Technology and Professor Clem Lloyd is Director o f the Graduate School of Journalism at the University o f Wol­ Carey, James (1995) “The Press, Public Opinion, and Pub­ longong. lic Discourse” in Theodore Galsser and Charles This is an edited version of a paper they presented to the Salmon (eds.) Public Opinion and The Commu­ Australian Key Centre for Cultural & Media Policy’s nication of Consent, New York: The Guildford annual conference on Culture & Citizenship September 30 Press to October 2, 1996 at the Carlton Crest Hotel in Brisbane. Dennis, Everette (1989) Reshaping the Media, New York: The paper is the working version of the Journalism & Cit­ Sage izenship project funded by the Australian Key Centre for Denton, Frank and Esther Thorson (1995) Civic Journal­ Cultural & Media Policy at Griffin University. ism Does it Work, Washington DC, Pew Centre In addition to the authors mentioned, the research team for Civic Journalism includes: Dr. Julianne Schultz (The Courier Mail), Dr. Gordon, Harry (1988) An Eyewitness History of Australia, Michael Meadows (Griffin University) and Leo Bowman Ringwood, Melbourne: Penguin Books (Queensland University of Technology). Hartley, John (1995) “Journalism and Modernity”, Aus­ tralian Journal of Communication, 22(2), pp.20- 30 Hoyt, Michael (1995) “Are You Now, or Will You Ever Be a Civic Journalist”, Columbia Journalism Review, September/October, pp. 27-33 McNeil, Robert (1995) “Regaining Dignity”, Media Stud­ ies Journal, 9(33), pp. 110-111 Merritt, Davis (1995) Public Journalism and Public Life: Why Telling the News is Not Enough, Hillsdale, New Jersey: Lawrence Erlbaum — — (1995a) Public Journalism — Defining a Demo­ cratic Art, Media Studies Journal 9 (3), pp. 125— 132

34 OCTOBER 1996 / igration A ction Citizens of the world or citizens of a commu­ nity: Just where is the Internet heading?

Larry Stillman selective communities, rather than real, corporeal relation­ ships. The real world is not a level playing field, and there The Report of the Civics Expert Group, Whereas the Peo­ is a danger that electronic ghettoes will reinforce physical ple,1 demonstrated that there is a limited understanding of ones too.4 the rights and obligations of citizenship2 in this country. It recommended a range of educative initiatives to improve The vituperative discourse found on many electronic dis­ knowledge and participation in expressions of shared citi­ cussion groups dealing with contentious political, cultural, zenship that are fundamental to a liberal, democratic sys­ and religious issues shows that for many people, the inter­ tem. net is a place for promoting every form of bias and hatred, and even more so, because as much as you S*H*0*U*T Fortunately, the report did not propose to support the on the internet, you aren’t actually harming anyone (unless aggressive ideas and exclusionary practices associated you post a bomb recipe). The issue of free speech on the with the new ethnic nationalism in Europe. A version of internet, in fact, is one which unites those on the left and this ethnic nationalism is also locally represented on the right: can anyone expect any authority to judge what is fair left and right by those who find it politically expedient to comment in such a trans-global arena?5 aspire to ‘Australianess’ or the even the ‘mainstream’.3 Local, economic and virtual fantasies However, both civic loyalty and ethnic nationalism are now under challenge because of the explosive growth in The extensive use of the internet for personal communica­ interactive communications technology. tion leads to one of the more complex features of electronic information, its attraction as a ‘virtual’ or imagined rather Identity politics and the internet than real physical community, with all its trials and tribu­ lations. One of the most extraordinary features of the internet - the graphically oriented World Wide Web and its more mun­ Why should the internet succeed when other information dane workhorse, electronic mail, is the creation of new technologies have failed to create new forms of commu­ forms of community, with anyone, anywhere, anytime. nity? The organisation and planning for new technologies Such is the range of fonts available that most languages, (e.g. TV) are not necessarily appropriate processes for con­ east and west, are now catered for. You can identify with structing or recapturing the nostalgia of imagined commu­ whom you want, how you want. The notion of particular­ nity, though they may sell us something else, or turn us into istic nationality or civic loyalty can thus disappear in a even more passive citizen-consumers. If the power is out matter of seconds, but it can also be reinforced. and the phone lines aren’t working, there is no doubt where one really exists. 6 The opportunity to choose and project a particular elec­ tronic self image - a commodification of relationships - However, at the moment, it is still too early for anything points to one real danger of the internet, that individuals more than exploratory studies about the effects of elec­ and groups can develop loyalty to imagined and highly 4. See Bill Mitchell, City of Bits (1995) Cambridge, Mass: MIT 1. Australia Government Publishing Service, 1994. 5. For a guide to known hate groups on the internet, see the resource pro­ 2 .1 adopt a broad, non-legal definition of citizenship here, including non­ duced by the Harvard University Law School Library, 3. Michael Ignatieff, Blood and Belonging: Journeys into the New 6. J. Femback and B. Thompson Virtual Communities: Abort. Retry. Fail­ Nationalism (1994), London: Vintage. Robert O Doyle, Larry Stillman, ure? ; Steven G. Jones, and Laura Hastings, Without Compromising Identity: The Changing Face Understanding Community in the Information Age, in Cvbersocietv; of Community Settlement in Multicultural Australia (1996), A Report to Computer -Mediated Communication and Community (1995) Thousand the Bureau of Immigration, Multicultural, and Population Research. Oaks, CA: Sage Publications, Inc.

OCTOBER 1996 35 M igration A ction

tronic networking on physical communities. Indeed, there tronic pathways.”9 Community networks, such as those is already a perception that a focus on local electronic net­ centred at electronic one-stop-shops, can act as brokerage working as an end in itself can be a diversion from compre­ points for organisations to use the technology to ‘talk’ to hending the effects of much larger movements of government, garner new resources, and engage in strategic information resources over the internet by globally-based research and advocacy. companies. Milio’s vision, based upon case studies of networking These information movements will only increase the gap amongst disadvantaged communities in the US and the between the technologically and information rich and their UK, is one of the most detailed and thoroughly developed poor cousins, including ethnic minorities, socially and models for social action and community development rurally isolated, women, and most generally, those who through the internet, and it should be a model for those don't have a computer, modem, and internet account7. concerned with enhancing democratic and consultative process through the new technology. A new political and government channel Our local challenge is to apply such a vision to the devel­ On a political level, the flow of information, knowledge, opment of an on-line multicultural form of local and global and interactive communication will be increasingly chan­ citizenship, and much careful work will need to be under­ nelled through the new media. taken by organisations such as the EMC, Migrant Resource Centres, Community Information services, Community In theory, it will become easier to contact and receive Health Centres, Neighbourhood Houses, and other com­ information from government organisations and those in munity-focused agencies and groups concerned with serv­ government, including politicians. This may seem to be an ing diverse populations. increased means of promoting democratisation of informa­ tion and decision-making. On the other hand, the availabil­ A recent forum hosted by the Victorian Association of ity of information may become increasingly restricted to Community Information Centres and Vicnet, the commu­ those with technological access and acumen, and the gap nity-focused internet service based at the State Library, between information rich and information poor may brought together 50 people concerned with these issues. increase. In the US, some government information is now We hope that it will act as a focus for developing innova­ only available through the internet.8 tive policy and practice in this new form of local, and glo­ bal citizenship.10 Electronics for empowered citizenship Larry Stillman has been a Grant-in-Aid worker since To counter electronic hegemony by the political and 1992 with the Victorian Association of Community Infor­ bureaucratic establishment, a number of writers, including mation Centres, and is increasingly involved in commu­ Nancy Milio, have emphasised the importance of the new nity electronic networking with a multicultural focus. community networks as vehicles for strategic political and social advocacy.

“Organisation requires not only communication, but also coordination, collaboration, leadership, and effective deci­ sion-making, which can be done, at least in part, on elec­

7. The best current study of these issues is by Anne Beamish, Communi­ ties On-line: Community-based computer networks (1995). . Other relevant studies include Stephen Graham, “Networking Cities: Telematics in Urban Pol­ icy - A Critical Review” International Journal of Urban and Regional Research (1994). I also hope to make available further research, on-line in the coming year. 8. Plans for Australian government on-line are found in reports such as that from the Minister for Finance’s Information Technology Review Group, Clients First: the Challenge fo r Government Information Tech­ nology (March 1995) (electronic publication); on the effects of electronic 9. Milio, Nancy, Engines o f Empowerment: Using Information Technol­ restriction, see Randy Stoecker (1996)1996. Limited Access: The Infor­ ogy to Create Healthy Communities and Challenge Public Policy (1996), mation Superhighway and Ohio-based Organizations. The Urban Univer­ Chicago, 111: Health Administration Press. sity and Neighbourhood Network, University of Toledo,OH: chttp:// 10. The network’s home page can be found at munet>.

36 OCTOBER 1996 / igration A ction Double fascination: identity and citi­ zenship of Iranian women in Perth

Nezhat Toolo & Siavash Shakibaee We, being Iranian migrants to Australia, have a chance to meet other Iranians in collective celebrations or through This article is an excerpt o f an unpublished study on Ira­ friendship. In the course of conversation, usually the sub­ nian immigrants in Australia. The theme is to illustrate ject of belonging in terms of being Iranian or Australian that there are elements or models in each culture that many finds a place. We realise that Iranians conceive themselves migrants employ to make the process o f adaptation easier. as a well-adjusted group not only in Australia but also pro­ A s an example, we look at a model of adaptation to new sit­ vide historical evidence for their ability to adjust to new uations which is deep-seated in Iranian culture. Another situations. Many Iranian describe themselves as being both theme is to illustrate the importance o f having knowledge Iranian and Australian and one woman commented that on immigrants cultural perspectives and linguistic back­ she has changed while remaining unchanged. grounds by service providers and researchers when inter­ preting immigrants behaviour and their attitudes. Some Such a comment is in contrast with the commonly held sophisticated theories, designed to study Western societies, assumption that the greater the difference between a may not be able to explain certain behaviour or concepts receiving society and an immigrant group, the less adjust­ held by immigrants from traditional societies. For exam­ ment to the new society and the more an identity crisis by ple, One cannot explain the lack of interest of some Irani­ the immigrant group. This being the case, when immi­ ans in participating in political parties by merely referring grants from traditional societies encounter a Western soci­ to numerical data. To answer why, one should consider ety with its specific systems of beliefs, value system and religious affiliations or deep rooted-mistrust of politicians lifestyle, there needs to be a reconstruction of the individ­ in Iranian culture where people in every day language ual’s identity and culture to fit to the new environment. describe cheats and tricks as politician (siasat baz) or Where there is a vast division between the individual’s cul­ (Sai-yas). In this summary, Iranian cultural perspectives of ture and the new cultural environment this reconstruction citizenship and identity have been employed to demon­ might result in an invalidation of the individual’s value strate how citizenship is perceived by Iranian people. system and lead to an identity crisis. See for example, stud­

OCTOBER 1996 37 M igration A ction

ies conducted by Stevens (1995) and Viviani (1984) who this dichotomy is a key theme in understanding Iranians, as explicitly or implicitly point to the differences of value, the inner part provides a potential basis for resistance to the tradition, and culture as factors in an identity crisis. unstable demands from the social world and provides a sense of continuity (Hoffman, 1989). Why is it that Iranians who have grown up in a traditional society, with a different set of values, having different reli­ As suggested by Ghaffarian (1987) an ethnic group's cul­ gious affiliation, and a different culture to Australian soci­ tural traits, such as language and lifestyle, may change ety, do not see themselves caught the ‘between two over time as a result of contact with other groups, yet its cultures, but identify themselves.as ‘being both’? identity may remain intact. Thus, in this case Iranian women can be assimilated into Australian society while We began the study with the assumption that the way an retaining a strong sense of their own ethnic identity. Also, individual confronts the new structure can play an impor­ Iranian women can have two separate identities; as an Ira­ tant role in diminishing or enlarging the dimensions of the nian and as an Australian. identity crisis. At the risk of simplification, the way of con­ frontation is a learnt one derived from their culture which We conducted interviews with nine Iranian women aged 35 allows them to avoid an identity crisis. and over, all living in Perth and holding year 12 certificate or higher qualifications obtained in Iran. We asked them Generally speaking, one may define the concept of identity how they see themselves followed by a variety of questions on two levels, namely, the personal level and the social on citizenship, and commitment to life in Australia. One level. We agree with Erikson (1968, p.50) in his definition central aspect of the Iranian women interviewed was their of identity which consists of both levels: willingness to learn about Australian culture and the appropriate behaviour for being successful in a country The term identity expresses such a mutual relation in that which differs markedly from their own in many respects. it connotes both a persistent sameness with oneself (self- One Iranian woman, working full-time in an office com­ samness) and a persistent sharing of some kind of essential mented: character with others. For whatever reason, we are living in Australia. To Observers of Iranian culture have often noted that a funda­ be successful in finding a job and to be accepted in mental Iranian cultural theme is the contrast between two the circle of workmates, we should learn their domains described as the internal “baten” and external norms. “zaher" (Hoffman, 1989). This opposition pervades Ira­ nian thinking and governs many other aspects of Iranian Learning for Iranian women, is not limited to learning social life. The inner contains ideologies, values, truth, English as a necessary tool but also learning the way of life desire and morals. The other self is the social self or the of other non-Iranians mainly Australians. Based on inner public face that must be put on during interaction with the and external (Social) dichotomy, this sort of learning con­ outside world. There is no presupposed correspondence sist mostly of behaviour and attitudes that lead to success­ between social life and inner life. The public self or public ful social interaction with non-Iranians. Here, the life can and often does act in ways that may not match the behaviour of Iranians is situational and represents the inner truth, inner desire and the inner values. external and social world of the dichotomy. This situa­ tional behaviour, gives them a sense of conscious control As Hoffman (1990) stated, it should be noted that this pic­ over the process of change and the ability to adapt to the a ture, though somewhat dichotomous and recognised as the new environment without experiencing major change in norm, co-exists with a very different set of ideals. Ideally, their cultural identity or in their values. a person should try to express the inner self, and to act according to the inner or private self. Such a state of har­ Considering the notion of internal (baten), in the case of mony is difficult to achieve. The individual who does, is Iranian women, the process of adaptation did not affect praised; yet he or she is also regarded as not being the their sense of cultural identity. For them, a feeling of being norm. In order to take part effectively in the world, one has Australian is not necessarily associated with a major shift to adapt a social life in an appropriate manner and in har­ in values and cultural identity. Being Iranian and Austral­ mony with the new situation. ian is not contradictory, but is an example of cultural rich­ ness. The distinction between the external and inner life is not unique to Iranian culture, but in the case of Iranian culture,

38 OCTOBER 1996 /

M igration A ction

I have two lives, one in Iran and the other in Aus­ Putting the concept of citizenship and inner/external tralia. Both of them give meaning to my life. I am dichotomy together as explained briefly above, We con­ rich in this sense. clude that to have a healthy change the sense of sameness and continuity must be assured. This continuity is assured I feel I am both Iranian and Australian. It helps me for Iranians by the cultural elements of the motherland to think of them positively. through the separation of the inner and social life.

These comments clearly indicate that Iranian women do I distinguish between the culture and cultural values not see any difficulty in being Australian and Iranian at the and citizenship. They are two different issues. same time and none of them point to being 'in between', or comment negatively about being neither Australian nor By this separation, the cultural elements provided a space Iranian. For example: in which to live and fill the gap between two cultures and two sets of values. On the other hand, in the course of adap­ I don't have any problem I am both Iranian and Aus­ tation to Australia, they have learnt to behave according to tralian. the Australian way of life so as not to be different from the norms. This separation also indicates that Iranians are not I belong to two nations. I have two homes, two willing, or are not able, to be assimilated completely as loves and two hearts. And I am proud of this. their sense of continuity must be assured. The external (Zaher) aspect has given Iranians a conscious control over I love both cultures and criticise both... There is the situation and extent of the change. Having external freedom of speech in Australia compared to Iran, behaviour different from the internal values did not inter­ but of course there is too much sexual freedom for fere with each other to the extent of causing a major nerv­ girls and boys. ous breakdown as these two do not correspond to each other. Multiculturalism is a natural phenomenon for Irani­ Iranian women, based on such duality, essentially refuse to ans when considering the Iranian concept of citizenship see the status and roles of themselves judged solely in which does not prevent the retention of language and eth­ terms of western culture. At the same time, they reject the nicity, while at the same time allowing common identity status of Iranian women in the terms already in force in with other people living in the same country. Iran. This conscious selectivity allows them to preserve their own cultural values in terms of internal aspects of Iran, historically is a multicultural society. There are many their culture and act externally according to the new envi­ religions, languages, and customs in Iran but we all iden­ ronment. For example, one woman said: tify as Iranian. Here in Australia, also we know ourselves as Australian. Such a concept of identity and citizenship is I like a blend of Iranian and Australian culture. A internalised in the Iranian mind by the existence of diverse mixture of spirituality and materialism. I learnt how ethnic groups with different languages in contemporary to be Australian in the context of Iranian values. Iran. Those whom we interviewed commented that they did not see using the home language, observing religious Eventually we asked a more direct question, what it means practices or any other differences being a barrier to includ­ to be a citizen and how they see their citizenship in Aus­ ing themselves within the framework of Australia and hav­ tralia. Anyone studying the concept of citizenship among ing a common identity with Australians. Iranians should note that the word citizenship 'Tabe-ie-at' for Iranians means ‘following’. It may come from collec­ However, one important factor which may interfere with tivity thinking of Iranians and implies that a citizen should the sense of being Australian leads Iranians living in Aus­ follow rules and laws yet retain one’s own personal and tralia to a state of confusion about identity. This factor is group culture. Speaking in terms of dichotomy, retaining related to Australia rather than to themselves. The confu­ language, customs and rituals, for example, by Kurds, sion arises when they are not sure if they are wholeheart­ Turks and Turkman ethnic groups in Iran is not contradic­ edly accepted in the social world of Australian society. One tory with the idea of having a common identity with other woman, who is active member of the Iranian community Iranians from other ethnic or language groups. Therefore it commented that is not surprising that interviewees commented that a citi­ zen is a follower of the country in which he/she lives and Recently, there have been widespread comments by in this case, it is Australia. intellectuals and politicians on the size and origin of immigrants in Australia. They may talk on behalf of

OCTOBER 1996 39 M igration A ction

the majority or they may provoke old ideas on me from what I have built. Every grain of sand in immigration as an individual. These sorts of com­ my garden is touched by my hand. ments make us reconsider our position and our belonging in Australia. Conclusion

This being the case, an Iranian migrant may finds himself We have tried to demonstrate the importance and the in a world where he is not able to recognise his linkage or impact of cultural elements in the way Iranians perceive place in the new society. Indeed, he lives in a strange world themselves as being both Iranian and Australian. The sense where others see him/her as a stranger, and where his iden­ of being both, to change while not being changed tity is limited to a general title of refugee or immigrant. The explained through the concept of internal life (baten) and new society not only rejects his value system and the frame external life (zaher), prevails in Iranian thinking. These of reference of his identity, but also forces him to adjust two aspects of Iranian culture are not contradictory, rather himself to a new pattern of social behaviour to which he is internal aspects of the Iranian self remains unchanged and alien. contributes to the sense of continuity. External life gives Iranians conscious control over the process of change. When asked if they wish to stay in Australia or return to Multiculturalism is seen by Iranian women as a natural their homeland, the majority of women interviewed men­ phenomenon and citizenship means obeying and following tioned they would like to go to Iran and visit their relatives. rules and laws and also means learning appropriate norms However, they stressed that their children are integrated to be successful in a new environment. At the same time, into Australian society and they no longer wish to return to for Iranians, retaining their values does not prevent them live in a country with which they are no longer familiar. from including themselves in a wider society and having a Iranian women, as mothers, have to convince themselves common identity with others, unless they feel rejected by to stay to be close to their children. Those who have had a others. One final note, we hope the paper will serve to chance to return to Iran as visitors mentioned that to return explain some aspects of Iranian women’s experiences in would be another migration to a less familiar environment Perth but it should not to be considered a generalisation of than it used to be. They felt that they did not find the famil­ Iranian citizenship in Australia, iar things and relationships they had in mind but still missed Iran while staying in Australia. Reference

The last question we asked was what makes them feel Aus­ Erikson, E. (1968). Identity: youth and crisis, New York: tralian? The most common answer as the source of happi­ Norton & Co. ness in Australia, were the success of their children in Funham, A. & Bachner, S, (1986). Cultural shock, New educational and occupational attainment. This is under­ York: Methuen standable when compared with Iran as one mother said Ghaffarian, S. (1987). The acculturation of Iranian in the US., Journal of Social Psychology, (127)6 If we were in Iran, my children would have no Hoffman, D. (1990). Beyond conflict: Culture, self, and chance to go to university because of our religion. intercultural learning among Iranians in the U.S. Here, my children have got their degree and a job. International Journal of Intercultural Relations, In Iran, in view of current government policies, we (14)3 would be considered second-class citizens. Hoffman, D. (1989). Self and culture revised: Culture acquisition among Iranians in the United States, The Iranian women, frequently commented that when they ethos, (17)1 arrived in Australia, they realised that they had to unpack Mezirow, J. (1981). Critical theory of adult learning and their baggage and that all family members would have to education, Adult Education Quarterly, 32, 3-24 work on rebuilding their lives. They had to struggle to re­ Stevens, C., A. (1995). The illusion of social inclusion: establish themselves, to learn new ideas, and to learn a new Cambodian youth in South Australia, Diaspora, way of life. This investment (struggle, learning and re­ (4)1 establishment) gave them a sense of commitment, involve­ Viviani, N (1994). The long journey: Vietnamese immi­ ment and attachment to the wider community in the proc­ gration and settlement in Australia, Melbourne: ess of rebuilding their lives. Melbourne University Yoshikawa, M. J. (1987). Cross-cultural adaptation and I am committed to my life in Australia. I have perceptual development, in Y. Y. Kim & W. B. fought for whatever I have got. No one can separate Gudykunst (eds.) Cross- cultural adaptation, London: Sage

40 OCTOBER 1996 Order form

S e n d to :

Ecumenical Migration Centre 161 Victoria Pd., Collingwood, Victoria, 3066 Australia

Name:......

Institution/Organisation (if applicable):

Address:

.... Postcode:

Phone: Fax:......

□ I wish to subscribe to Migration Action in 1996.

Rates: $20.00 EMC Members, $25.00 Students, $36.00 Individuals, $45.00 Institutions, $50.00 Abroad (NOTE: New subscribers will receive 1995 issues free)

Payment method: Cheques made payable to: Ecumenical Migration Centre for $ Bankcard EH Mastercard EH Visa EH

Please PRINT full name of cardholder and then SIGN: Nam e:...... Signature...... Expiry Date.

I would like to know more about the Ecumenical Migration Centre. Please send me an EMC Information Kit.

* Please photocopy this form, Thankyou.