Sacred or Profane? The Australian Government’s Intervention in
Aboriginal Communities
The headline for this post derives from the title
of a panel discussion that took place on December 2, sponsored by the Kluge-Ruhe
Aboriginal Art Collection at the University of Virginia. Organized
by curator Margo Smith, the panel was designed to raise awareness here in the US
about the problems posed by the Intervention. Planning began shortly after
Margo and I returned from Australia and the announcement of the scheme six
months ago. We were joined in the discussion by Howard Morphy, Director of the
Centre for Cross-Cultural
Research at Australian National University, Frances Morphy, Fellow at
the Center for Aboriginal Economic
Policy Research, and Josh Wheeler, Associate Director of the Thomas Jefferson Center for the Protection of
Free Expression at the University of
Virginia.The entire panel discussion,
including a lively question-and-answer session at its conclusion, was recorded
and is available from the Charlottesville Podcasting Network. You can
listen to it online, or download it to your iPod! I will attempt to summarize
the main points in this post, but I recommend that you have a listen to program
itself--each speaker's address lasts only ten to fifteen minutes--it's an
excellent historical overview and especially in the perspective provided by the
Morphy's, a fascinating, direct narrative of the history of white and Aboriginal
contact and its
consequences.
Margo began the session by providing an
overview of the Intervention and the events beginning in 2006 which led up to
the June 21 announcement of draconian measures in 73 remote Northern Territory
communities. She spoke of Mal Brough's attempt to take over the town camps at
Alice Springs and the
Lateline
reports of mid 2006 that exposed trumped-up charges of sexual abuse as key
triggers of the takeover. She then outlined the report,
Little Children are
Sacred, that was commissioned by the Northern
Territory Government in response to those media reports. She outlined the
findings of the Inquiry and its 97 recommendations, particularly the critical
importance of genuine consultation with Aboriginal people. Another key point
often overlooked in discussions of the report in its stress on the importance of
long-term funding not tied to
short-term outcomes: too often funding has
been withdrawn when immediate results are not seen. She went on to outline the
report's recommendations for changes in policing, health programs, education and
school attendance, the implementation of the Northern Territory Alcohol
Framework, and improvements in employment, training and local industries.
She then contrasted these
recommendations with the actual imperatives that the Howard government actually
went on to implement: alcohol restrictions, welfare "reform," enforced school
attendance, compulsory health checks, the acquisition of townships through
five-year leases, the scrapping of the permit systems, the appointment of
Government Business Managers to replace community councils, the ban on
pornography, and the takeover of community
housing.Margo concluded with a brief
sketch of the manner in which the legislation surrounding the Intervention was
rushed through Parliament. She noted that the speed with which this legislation
was introduced made it clear to many people that these measures were in large
part pre-determined: this was an agenda that had been carefully prepared in
advance, and was not at all a response to
Little Children are
Sacred, although the lack of consonance
between the recommendations of that report and the actions of government also
makes that transparent. Finally, there is the blanket vilification of
Aboriginal people, hung on the single issue of child abuse, when the problems in
these remote communities stem from decades of neglect, and in particular the
last 11 years of inaction by the Howard
Government.
Howard and Frances MorphyHoward Morphy
followed next, providing some general background on the community of Yirrkala,
where he and Frances have conducted fieldwork since 1973. He began by pointing
out a fact that often escapes notice: that the history of European colonization
in northeast Arnhem Land is barely seventy years long. Thus, the Morphy's have
been working with the Yolngu people of the area for approximately half the time
that sustained white contact has been occurring.
Two years before Morphy arrived in
Yirrkala for the first time, the bauxite mine and the mining town of Nhulunbuy
had opened in close proximity to the mission settlement at Yirrkala. The
Yolngu, from the moment they learned of plans to open the mine, saw trouble
coming, for themselves and for their children. They knew that living in such
close proximity to a new and alien culture would provoke direct threats to the
stability of their way of life. They petitioned the government not to allow the
opening of the mine. They attempted to ward off some of its worst consequences
by demanding, for example, that the sale of alcohol not be permitted in
Nhulunbuy and its surrounds. Of course, as history tells us, the Yolngu lost on
all accounts.In response, the Yolngu
began moving away from the settlement at Yirrkala and its proximity to
Nhulunbuy. By 1976, sixty per cent of the people who had been living there at
least part of the year had retreated to their homelands hundreds of kilometers
away. Based on his work in these homelands over the last 35 years, Howard has
been able to observe that despite almost total neglect by the government, the
homelands remained drug and alcohol free. He has seen no instances of child
abuse and no youth suicide. In the homelands, away from Yirrkala itself, there
is little violence. And yet near the mining settlement all of these conditions
are, in Howard's words, "appallingly
high."In Morphy's view, the government
is trying to close down the homelands. Ironically, the impact of the
Intervention will be to take the Yolngu out of safe environments that they have
built in the last thirty years and place them directly in the path of danger by
forcing them to move back to centers of population where the children will be
exposed to drugs and alcohol and violence. It is one thing to understand the
irrelevance of most of government's actions to the recommendations of
Little Children are
Sacred; it is quite another to realize that
they will actually force children to move into an environment that threatens
their continued well-being. For the last ten years, the government has failed to
respond to the Yolngu demands for better housing, education, and employment
opportunities; now it is threatening and trying to close down the communities
that have been safe havens.Following
Howard Morphy's remarks, I had the opportunity to speak about the threats posed
to communities throughout the Northern Territory by the abolition of CDEP, which
I have written about elsewhere in this blog, for instance, on the occasion of
the announcement of its suspension in remote areas,
and its effects as documented on the television program
Four
Corners.
I was also able to present some new
material, particularly a response from Apolline Kohen of Maningrida Arts and
Culture on the projected impact of the loss of CDEP on their
operations.
MAC currently employs six CDEP arts workers who work in packing and freight areas as well as digital photography. MAC does pay top-up to all arts workers and this program has enabled arts workers to keep the flexibility they need to attend ceremonial obligations and funerals. Without our arts workers, it would be impossible to freight all the artworks we send every week.
Most of our artworks are sold via images sent to clients. Without efficient digital photography in place, our business would not be as successful. MAC looks after more than 700 artists from the region and buys about 10,000 works per year.
With the demise of CDEP, MAC is facing a crisis in terms of employment. It won’t be possible financially to keep all the workers and without the flexibility of CDEP in terms of hours & leave, none of our arts workers will be able to keep their newly ‘real job’ for very long. And, we will be very likely obliged to employ someone from outside the community to pack and photograph.
Without CDEP, the Maningrida community and region won’t function as well and this will also certainly affect the quality of the art productions.
In the week that elapsed between the
election in Australia and our panel discussion, I paid close attention to
reports in the newspapers about Labor's election promises to roll back elements
of the Intervention, as two prominent examples were the re-instatement of the
permit system and renewed support for CDEP. But the day before we were to
speak, a discouraging report appeared in
The
Age.
Although the headline read "Indigenous
expectations flying high," reporter Annabel Stafford wrote that "hopes that the
old CDEP scheme is to be reinstated are likely to be dashed. [Incoming
Indigenous Affairs Minister] Macklin says she is not interested in bringing
back the scheme, which saw some on CDEP payments for life. She wants to use CDEP
to get people into training and positions with companies." In the end, I was
left wondering whether the new government will continue to pursue a policy of
depopulating the homelands and refusing to consult with Indigenous
people.
(l. to r.) Margo Smith, Will Owen, Josh Wheeler
Frances Morphy spoke next, offering
insights on the effects of the Intervention based on time that she spent at
Yirrkala during September and October of this year. Like Howard, she reminded
the audience of the relatively short extent of colonization in this part of
Australia, and the fact that frontier violence against Aboriginal people is
still within living memory of the elders in these communities, a fact that
contributes greatly to the fear that Aboriginal people are experiencing
now.Frances began by echoing the
importance of government support and by explaining the complexities and the
contradictions that are often involved in that support. For instance, the
Department of Water was responsible for creating the Ranger program to help
monitor the coastlines, but the funding for many of the Rangers themselves comes
from CDEP. By abolishing CDEP, the government is undermining its own
initiatives to guard against the introduction of invasive species from Southeast
Asia.This fragmented delivery of
funding affects almost every aspect of life in the communities. Indeed, as
Frances pointed out, government agencies act as "enclaves within enclaves",
separated from one another and the people they are supposed to serve. Their
failure lies in their inability to conceive of Aboriginal communities as
communities. Instead, they are seen as diverse collections of programs whose
objectives are carried out in isolation and ignorance of one
another.Much has also been made in the
funding battles of the high degree of accountability that Aboriginal
organizations are forced to endure. Frances pointed to the endless paperwork
and twelve-month cycles of funding that make long-term planning nearly
impossible. But conversely, there is almost no downward accountability: if the
government fails to deliver on its promises, most communities have no effective
means of recourse, while failure on their part to complete paperwork in a timely
fashion can be met with non-renewal of
grants.There are other ways in which
communities are now at risk. The insertion of Government Business Managers
(GBM) into the 73 communities struck me as I listened to Frances as one of the
most pernicious. Many community organizations have built up considerable assets
over the years--capital assets in terms of buildings, tractors, boats, and more.
Any of these assets that were acquired with any portion of government funding,
no matter how small a contribution that funding represented in the purchase, can
now be seized by the GBM's. This potential for asset stripping--$40 million
worth in the case of the Bawinanga Corporation in Maningrida for example--is
another subtle and little publicized method by which the Intervention threatens
the integrity of the remote
homelands.These are examples of how
the government takeover affects every aspect of Aboriginal life. As Frances
forcefully put it, "It only happens to you if you are black, and it happens to
you
if
you are black."And the government has
sought to shift the blame to the communities. They have seized on what they
call the failure of land rights. But as Frances pointed out, land rights were
about rights, not about development. Yet the government has moved to seize
community lands under the subterfuge that giving land back to Indigenous people
has not produced economic development that it was never intended to produce in
the first place. Lack of investment,
not the granting of land rights, is responsible for the lack of economic growth.
The abolition of CDEP will assist in another slight of hand shifting of blame.
Three hundred CDEP positions that can support local businesses like art centres
can be used to create only twenty permanent jobs. Twenty workers cannot provide
the services that the communities will require. And thus the government has set
these new enterprises up for failure from the
start.What investment there has been
to date under the Intervention has largely benefited the Government Business
Managers and the Centrelink employees responsible for monitoring the welfare
payments quarantine. New housing initiatives have so far been limited to
housing for such employees from the outside, and have not been directed at
relieving the overcrowding that contributes to social dysfunction in these
communities.As Margo pointed out in
her introduction, three unexcused absences by a child from school will result in
garnishing 100% of welfare payments. But there are not enough seats in most
schools for children, and not enough resources to make education for those who
do attend effective. Frances noted that teachers associations have begun to
refuse to hand over attendance
records.Health checks for children
have been funded. Funding for follow-through measures to treat whatever these
checks uncover is not yet
forthcoming.There are, however, plenty
of meetings. Frances said that the Yolngu say it is "snowing white" in
Yirrkala. In the month that she was in Yirrkala, Frances attended eight
meetings. One of these was a planning meeting devoted entirely to deciding
which assets to strip from the
community.Yirrkala has been offered
funding to build youth education hostels, where children can live, at a remove
from their communities, while going to school. Although the Yolngu have been
asking for the resources to construct such accommodations in the homelands, the
government has shown no interest in those proposals. They want to build hostels
in Nhulunbuy to channel the children into the mines. And as Howard Morphy
pointed out earlier, into a town where alcohol and violence are appalling
problems. In the end, Frances sees
small signs of hope. There has been organized resistance. The Yirrkala people
twice told the government administrators to go away, refusing to meet with them
until they had real plans to make positive change occur. In Maningrida the
Bawinanga Aboriginal Corporation has sent a challenge to the High Court, and
other challenges based on the racially discriminatory nature of the Intervention
legislation have a chance of succeeding. More than anything else, though, the
Intervention has focused attention on the problems that do exist in Aboriginal
Australia, and has exposed the high cost of fixing
them.The final presenter, Josh
Wheeler, helped to make some of these government actions comprehensible to the
American audience who might be less well versed in parliamentary forms of
government. He did so by posing a question that helped to make the situation a
bit more real to the audience, asking whether such actions could possibly take
place here in the United States. With self-professed lawyerly good humor, he
answered his question, "Yes and no."In
explaining "No," Josh noted the differences in the Australian and US
constitutions: the fact that there is no Bill of Rights in the Australian
Constitution; rather there are only what are referred to sometimes as the "Five
Flimsy Freedoms." There is no guarantee of freedom of speech, and none of equal
protection or due process as we have in
America.Similarly, the system of
checks and balances built into the American government does not exist in the
parliamentary structure where the executive branch of government is drawn from
the legislative. The Prime Minister and his Cabinet are all members of
Parliament. In this system, it is much easier for the majority party to push
legislation through the Parliament quickly. It is, however, also much easier to
later undo such legislation in Australia than it is in the United
States.But if one wondered if "Yes,"
an action like the Intervention could take place in America, Josh suggested that
we ask the American Indian. Although many of the laws that established the
reservation system in America are quite unconstitutional, there was no
constitutional challenge at the time they were enacted. As Josh put it, the
Constitution that protects us is only as good as the people who interpret it.
The Constitution in America means what the courts tell us it means, and they
have told us, for example, in bygone times, that segregation of the races was
acceptable.The separation of powers in
the American government can also be easily overcome in times of national crisis.
Abraham Lincoln, widely regard as the greatest American President, suspended
constitutional protections during the Civil War, and Franklin Roosevelt interned
Japanese Americans during World War II.
The bottom line, for both America and
Australia, is that we need to be especially skeptical when the government
declares an emergency, and tells us we must take action because of a crisis. As
a people, we have the ability to effect change. Policy should reflect the
problems it is design to address. We must ask where is the evidence that
supports the government's claims.As
immersed as I have bee in following the news of the Intervention since returning
from Australia in June, I still found much of interest and insight in the other
speakers' remarks on Sunday afternoon. I have tried here to summarize some of
the high points of the testimony offered to our audience. Together, I feel we
painted a rich portrait of the state of affairs in Indigenous Australia in the
wake of this declaration of a "national emergency," and hope that you will find
listening to the podcast to be illuminating and
instructive.
Good fellowship and a bit of holiday cheer at the conclusion of the day. (All photos thanks to Harvey Wagner.)
Posted: Sat
- December
8, 2007 at 07:38 PM
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A collection of personal reflections and readings on the art of the indigenous people of Australia, their culture, anthropological studies, the art market, and whatever else strays across the cultural horizon.
If you don't wish to leave comments on the blog itself please fee free to contact me directly. Will Owen
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Published On: Dec 12, 2007 08:45 PM
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