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Tatz MIC Castan Essay Dec 2011
Indigenous Human Rights and History: occasional papers Series Editors: Lynette Russell, Melissa Castan The editors welcome written submissions writing on issues of Indigenous human rights and history. Please send enquiries including an abstract to arts- [email protected]. ISBN 978-0-9872391-0-5 Genocide in Australia: By Accident or Design? Colin Tatz © Indigenous Human Rights and History Vol 1(1). The essays in this series are fully refereed. Editorial committee: John Bradley, Melissa Castan, Stephen Gray, Zane Ma Rhea and Lynette Russell. Genocide in Australia: By Accident or Design? Colin Tatz © Colin Tatz 1 CONTENTS Editor’s Acknowledgements …… 3 Editor’s introduction …… 4 The Context …… 11 Australia and the Genocide Convention …… 12 Perceptions of the Victims …… 18 Killing Members of the Group …… 22 Protection by Segregation …… 29 Forcible Child Removals — the Stolen Generations …… 36 The Politics of Amnesia — Denialism …… 44 The Politics of Apology — Admissions, Regrets and Law Suits …… 53 Eyewitness Accounts — the Killings …… 58 Eyewitness Accounts — the Child Removals …… 68 Moving On, Moving From …… 76 References …… 84 Appendix — Some Known Massacre Sites and Dates …… 100 2 Acknowledgements The Editors would like to thank Dr Stephen Gray, Associate Professor John Bradley and Dr Zane Ma Rhea for their feedback on earlier versions of this essay. Myles Russell-Cook created the design layout and desk-top publishing. Financial assistance was generously provided by the Castan Centre for Human Rights Law and the School of Journalism, Australian and Indigenous Studies. 3 Editor’s introduction This essay is the first in a new series of scholarly discussion papers published jointly by the Monash Indigenous Centre and the Castan Centre for Human Rights Law. -
Australian Historians and Historiography in the Courtroom
AUSTRALIAN HISTORIANS AND HISTORIOGRAPHY IN THE COURTROOM T ANYA JOSEV* This article examines the fascinating, yet often controversial, use of historians’ work and research in the courtroom. In recent times, there has been what might be described as a healthy scepticism from some Australian lawyers and historians as to the respective efficacy and value of their counterparts’ disciplinary practices in fact-finding. This article examines some of the similarities and differences in those disciplinary practices in the context of the courts’ engagement with both historians (as expert witnesses) and historiography (as works capable of citation in support of historical facts). The article begins by examining, on a statistical basis, the recent judicial treatment of historians as expert witnesses in the federal courts. It then moves to an examination of the High Court’s treatment of general works of Australian history in aid of the Court making observations about the past. The article argues that the judicial citation of historical works has taken on heightened significance in the post-Mabo and ‘history wars’ eras. It concludes that lasting changes to public and political discourse in Australia in the last 30 years — namely, the effect of the political stratagems that form the ‘culture wars’ — have arguably led to the citation of generalist Australian historiography being stymied in the apex court. CONTENTS I Introduction ............................................................................................................ 1070 II The Historian -
The Making of White Australia
The making of White Australia: Ruling class agendas, 1876-1888 Philip Gavin Griffiths A thesis submitted for the degree of Doctor of Philosophy of The Australian National University December 2006 I declare that the material contained in this thesis is entirely my own work, except where due and accurate acknowledgement of another source has been made. Philip Gavin Griffiths Page v Contents Acknowledgements ix Abbreviations xiii Abstract xv Chapter 1 Introduction 1 A review of the literature 4 A ruling class policy? 27 Methodology 35 Summary of thesis argument 41 Organisation of the thesis 47 A note on words and comparisons 50 Chapter 2 Class analysis and colonial Australia 53 Marxism and class analysis 54 An Australian ruling class? 61 Challenges to Marxism 76 A Marxist theory of racism 87 Chapter 3 Chinese people as a strategic threat 97 Gold as a lever for colonisation 105 The Queensland anti-Chinese laws of 1876-77 110 The ‘dangers’ of a relatively unsettled colonial settler state 126 The Queensland ruling class galvanised behind restrictive legislation 131 Conclusion 135 Page vi Chapter 4 The spectre of slavery, or, who will do ‘our’ work in the tropics? 137 The political economy of anti-slavery 142 Indentured labour: The new slavery? 149 The controversy over Pacific Islander ‘slavery’ 152 A racially-divided working class: The real spectre of slavery 166 Chinese people as carriers of slavery 171 The ruling class dilemma: Who will do ‘our’ work in the tropics? 176 A divided continent? Parkes proposes to unite the south 183 Conclusion -
5.5 X 10 Long Title .P65
Cambridge University Press 978-0-521-51608-2 - A Concise History of Australia, Third Edition Stuart Macintyre Index More information INDEX Abbott, Tony, 275 and European diseases, 5, 19, 32 Abeles, Peter, 203 and European invasion, 13 Aboriginal Affairs, Department of, and federation, 145 239 flag, 289 Aboriginal people, 10, 188–90, Freedom Ride, 236 303–5 government policy on, 227–9, Arrernte people, 9 267, 298 art, 14, 289 Gurindji people, 227, 236 and Arthur Phillip, 31 Kamilaroi people, 62 assimilation, 189, 227–9 Kulin people, 67 Batjala people, 69 Kwiambal people, 62 Black Line, 61, 63–6 land rights, 67, 239, 267, 287, and Christianity, 49 288, 304 conflict with European settlers, language groups, 14 39, 49, 55, 56, 59–61, 65 life expectancy, 287 and the Constitution, 231, Link-Up agencies, 229 236 massacres, 60–5, 91, 105, 107 Coranderrk settlement, 106 Native Institution, 49 culture, 3, 13–15, 189, 289 Nglulungbara people, 69 Day of Protest and Mourning, in northern Australia, 105 17, 188 Northern Territory intervention, Dharuk people, 38 298 Djankawa story, 9 Nyungar people, 62 Dreamtime (Dreaming), 9, 14, pastoral workers, 105, 227, 236 16 political movement, 261 elimination of, 106, 146 population, 61, 145, 286 employment, 105, 287 protection of, 65, 105–8, 146 environmental management, 14 reconciliation, 267, 287, 289, Eora people, 14, 39 298 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51608-2 - A Concise History of Australia, Third Edition Stuart Macintyre Index More -
THE HISTORY WARS CONTINUED? Professor Stuart Macintyre Dean, Faculty of Arts, University of Melbourne
3y ! -ANU-TOYOTA PUB LI C LECTURE SERIES THE AUSTRALIAN NATIONAL UNIVERSITY THIRD ANNUAL LECTURE presented by THE ANU ARCHIVES PROGRAM R FRIENDS OF THE NOEL BUTLIN ARCHIVES CENTRE THE HISTORY WARS CONTINUED? Professor Stuart Macintyre Dean, Faculty of Arts, University of Melbourne Wednesday 3 November 2004, 6pm Coombs Lecture Theatre, Building 9, Fellows Road, ANU This lecture is free and open to the public. Enquiries: 6125 2219 THE LECTURE A war is raging in historical circles. Divisions about how to interpret Australian history and the pol iticisation of the topic -seen in the vilification of Manning Clark as a 'Soviet spy', the Windschuttle/Reynolds dispute on Aboriginal history, and controversy over the National Museum - have split the profession. But the struggle seen in the 'History Wars' involves not only ideology and politics, but also how historians practise their profession. The use of evidence discovered and uncovered in the archives is at the heart of some of the key controversies in the History Wars. Research and interpretation are both essential to the historian's work and defending them to the public at large has become part of the historian's role in today's Australia. In this lecture, Professor Macintyre will draw on his experience of the History Wars and reflect on their implications for the present and future of historical scholarship in Australia. THE LECTURER Professor Stuart Macintyre has been Ernest Scott Professor of History at the University of Melbourne since 1990 and Dean of the Faculty of Arts since 1999 and has published widely on British and Australian history. -
Our Cup Runneth Over | 431
1987 – Our cup runneth over | 431 1987 Our cup runneth over Life-stories from Fremantle go national Per Henningsgaard Fremantle was a busy place in the lead-up to 1987. Four years earlier, an Australian yachting syndicate skippered by John Bertrand, bankrolled by Perth businessman Alan Bond, and armed with a secret weapon – the controversial winged keel – had wrenched the America’s Cup away from the New York Yacht Club, where the trophy had, until then, resided for an unbroken 132-year stint. A nation that reserved most of its sporting attention for cricket and various football codes was momentarily enthralled by this historic win. The Prime Minster of the day was memorably recorded on television declaring an unofficial public holiday: “Any boss who sacks anyone for not turning up today is a bum,” Bob Hawke eloquently proclaimed. (Hawke had a personal appreciation for record-breaking feats: he boasted a world speed record in beer drinking as a university student). Quickly, sleepy Fremantle, a port town in Western Australia not far from Perth and better known for its well-heeled hippies and stevedores than yachting prowess, found itself at the centre of massive infrastructure projects funded by government and private sources. Following Fremantle’s lead, the State itself was rebranded. Vehicle registration plates no longer incongruously decreed it “The Wildflower State” and “The State of Excitement.” Instead, Western Australia was declared “Home of the America’s Cup.” It was a heady claim that could be made for a short time only; the Cup was lost in 1987 when “Stars and Stripes 87” trounced “Kookaburra III.” Fremantle’s status as the address of the America’s Cup was fleeting, and with it vanished the port town’s claim to have originated a story big enough to capture the nation’s imagination and alter the State’s image. -
A Concise History of Australia
A Concise History of Australia Third Edition STUART MACINTYRE '. ..., '. ..' CAMBRIDGE . ::: UNIVERSITY PRESS CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo, Delhi Cambridge University Press 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780FI5I6082. © Stuart Macintyre 2.009 First published 1999 Second edition 2.004 Reprinted 2.005, 2006, 2008 Third edition 2009 Cover design by David Thomas Design Typeset by Aptara Printed in China by Printplus A catalogue record for this publication is available from the British Library National Library of Australia Cataloguing in Publication data Macintyre, Stuart, 1947- A concise history of Australia I Stuart Macintyre 3'd ed. 9780FI5I6082 (hbk.) 9780521735933 (pbk.). Includes index. Bibliography Aboriginal Australians - History. Republicanism - Australia. Australia - History. Australia - Politics and government. Australia - Environmental conditions IL) 994 "1 t 1.'1'/I (3) 978-0-';-'21-51608-2. hardback 30:. C])f 11 /3 O/ IIBN ISBN 978-0-521-73593-3 paperback Reproduction and communication for educational purposes The Australian Copyright Act 1968 (the Act) allows a maximum of ",bib,4/; one chapter or 10% of the pages of this work, whichever is the greater, .i:I' 0".... ' to be reproduced and/or communicated by any educational institution 1! "'? .. for its educational purposes provided that the -
Dislocating the Frontier Essaying the Mystique of the Outback
Dislocating the frontier Essaying the mystique of the outback Dislocating the frontier Essaying the mystique of the outback Edited by Deborah Bird Rose and Richard Davis Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] Web: http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Dislocating the frontier : essaying the mystique of the outback. Includes index ISBN 1 920942 36 X ISBN 1 920942 37 8 (online) 1. Frontier and pioneer life - Australia. 2. Australia - Historiography. 3. Australia - History - Philosophy. I. Rose, Deborah Bird. II. Davis, Richard, 1965- . 994.0072 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Indexed by Barry Howarth. Cover design by Brendon McKinley with a photograph by Jeff Carter, ‘Dismounted, Saxby Roundup’, http://nla.gov.au/nla.pic-vn3108448, National Library of Australia. Reproduced by kind permission of the photographer. This edition © 2005 ANU E Press Table of Contents I. Preface, Introduction and Historical Overview ......................................... 1 Preface: Deborah Bird Rose and Richard Davis .................................... iii 1. Introduction: transforming the frontier in contemporary Australia: Richard Davis .................................................................................... 7 2. -
Biographies and Autobiographies of Historians, Edited by Doug Munro and John G
11 Country and Kin Calling? Keith Hancock, the National Dictionary Collaboration, and the Promotion of Life Writing in Australia1 Melanie Nolan Australian historians and ego-histoire In his international comparison of history, historians and autobiography in 2005, Jeremy D. Popkin concluded that Australian historians were early to, and enthusiastic about, the ego-histoire movement or the ‘setting down [of] one’s own story’. Australians anticipated Pierre Nora’s collection of essays, Essais d’ego-histoire, which was published in 1987.2 They had already founded ‘a series of autobiographical lectures in 1984’, which resulted in a number of publications, and Australian historians’ memoirs thereafter appeared at a rate of more than one a year.3 When he considered Australian 1 I thank Ann Curthoys and the editors for their comments on an earlier draft. 2 Pierre Nora ed., Essais d’ego-histoire (Paris: Gallimard, 1987), 7. 3 Jeremy D. Popkin, History, Historians, & Autobiography (Chicago/London: University of Chicago Press, 2005), 74. In ‘Ego-histoire Down Under: Australian Historian-Autobiographers’, Australian Historical Studies, 38:129 (2007), 110, doi.org/10.1080/10314610708601234, Popkin dates the Australian memoir bulge from 1982 when collective projects including ‘a volume of professional women’s narratives, The Half-Open Door, which appeared in 1982, and the four volumes of essays starting with the Victorian History Institute’s 1984 forum in which R.M. Crawford, Manning Clark and Geoffrey Blainey participated’. Patricia Grimshaw and Lynne -
Chapter Eleven Mabo and the Fabrication of Aboriginal History
Chapter Eleven Mabo and the Fabrication of Aboriginal History Keith Windschuttle Let me start by putting a case which, to The Samuel Griffith Society, might smack of heresy. There are two good arguments in favour of preserving the rights of the indigenous peoples who became subjects of the British Empire in the colonial era. The first is that, since 1066, British political culture has been committed to the “continuity theory” of constitutional law, in which the legal and political institutions of peoples who were vanquished, rendered vassals or subsumed by colonization were deemed to survive the process. Not even their conquest, John Locke wrote in his Second Treatise of Government, would have deprived them of their legal and political inheritance.1 So, after colonisation, indigenous peoples would have retained their laws and customs until they voluntarily surrendered them. The second argument is that the previous major decision in this field, by the Privy Council in 1889, was based on the assumption that, when New South Wales became a British colony in 1788, it was “a tract of territory practically unoccupied”. This is empirically untrue. At the time, there were probably about 300,000 people living on and subsisting off the Australian continent. Under any principle of natural justice, the Privy Council should have started by recognizing this. According to a forthcoming book on the history of Australian philosophy by James Franklin, provocatively entitled Corrupting the Youth, the Mabo decision derived primarily from the Catholic doctrine -
Drawing Inferences in the Proof of Native Title – Historiographic and Cultural Challenges and Recommendations for Judicial Guidance
DRAWING INFERENCES IN THE PROOF OF NATIVE TITLE – HISTORIOGRAPHIC AND CULTURAL CHALLENGES AND RECOMMENDATIONS FOR JUDICIAL GUIDANCE SCOTT SINGLETON N2076357 BA, LLB (Qld), LLM (Hons) (QUT), Grad Dip Mil Law (Melb) Solicitor of the Supreme Court of Queensland Legal Practitioner of the High Court of Australia Submitted in fulfillment for the degree of Doctor of Juridical Science SUPERVISOR: PROFESSOR BILL DUNCAN ASSOCIATE ASSOCIATE PROFESSOR BILL DIXON SUPERVISOR: EXTERNAL PROFESSOR JONATHAN FULCHER (UQ) SUPERVISOR: Faculty of Law Queensland University of Technology 2018 KEYWORDS Evidence - expert witnesses - historiography - inferential reasoning - judicial guidance - law reform - native title - oral evidence - proof of custom 2 | P a g e ABSTRACT On 30 April 2015, the Australian Law Reform Commission (ALRC) delivered its report Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Connection Report). The terms of reference for the inquiry leading up to the ALRC Connection Report included a request that the ALRC consider “what, if any, changes could be made to improve the operation of Commonwealth native title laws and legal frameworks,” including with particular regard to “connection requirements relating to the recognition and scope of native title rights and interests.” Amongst its recommendations, the ALRC Connection Report recommended guidance be included in the Native Title Act 1993 (Cth) regarding when inferences may be drawn in the proof of native title, including from contemporary evidence. To date, this recommendation has not been taken up or progressed by the Commonwealth Government. This thesis therefore develops such “Inference Guidelines” for the purposes of the proof of connection requirements in native title claims, in the form of a “Bench Book.” This thesis identifies various motivations for ensuring comprehensive, consistent and transparent guidelines for drawing inferences from historically-based sources of evidence. -
THE FABRICATION of ABORIGINAL HISTORY Photo – David Karonidis Keith Windschuttle
20 THE FABRICATION OF ABORIGINAL HISTORY Photo – David Karonidis Keith Windschuttle For some years, controversy has surrounded the history of Australia’s earliest white settlement and the treatment of the Indigenous Australians. Historian Keith Windschuttle has now provoked new questioning in his latest book – The Fabri- cation of Aboriginal History (Macleay Press) where he has challenged much of the evidence previously used by historians in this field. Keith Windschuttle addressed The Sydney Institute on Tuesday 11 February 2003 THE SYDNEY PAPERS SUMMER 2003 21 THE FABRICATION OF ABORIGINAL HISTORY Keith Windschuttle Over the past 30 years, university-based historians of Aboriginal Australia have produced a broad consensus. They have created a picture of widespread killings of blacks on the frontiers of settlement that not only went unpunished but had covert government support. Some of the Australian colonies engaged in what the principal historian of race relations in Tasmania, Lyndall Ryan, has called “a conscious policy of genocide”. In Queensland, according to the University of Sydney historian, Dirk Moses: “… the use of government terror trans- formed local genocidal massacres by settlers into official state-wide policy”. The expatriate Australian Ben Kiernan, who is director of the genocide studies program at Yale University, writes that nineteenth century Australian colonists mounted numerous punitive expeditions against the Aborigines in which they committed “hundreds of massacres”. In Central Australia, Kiernan claims 40 per cent of the indigenous population was shot dead. In Queensland, the Aborigines “were hunted like wild beasts, having lived for years in a state of absolute terror of white predators”. For most of my adult life I was a true believer of this story.