The Challenge of Aboriginal Advancement: A Speculation (2002+)


CPDS Home Contact UN Declaration on the Rights of Indigenous Peoples: Perpetuating Disadvantage?  Apology Magic?
An Hypothesis +

Addenda

An Hypothesis

An hypothesis is suggested that some aspects of their cultures are now (and historically always have been) a major factor in the material disadvantages suffered by Australians with indigenous ancestors - referred to here as 'aborigines', a term which is not intended here to apply to Torres Strait Islanders. Moreover their communities still face great difficulties in creating a viable future.

This paper does not seek to insist on any particular 'answer' - but merely suggests that little is likely to be achieved until aboriginal leaders / people consider the implications for economic success of the behavioural and institutional implications of their cultures.

An Addendum (added in 2010) considers the relevance of this hypothesis in the light of proposals for a referendum to recognise Australia's 'first peoples' in the Constitution, and other public policy questions.

The Past

The Past

It is understood that Australia's first settlers were from SE Asia who arrived in successive waves about 40-60,000 years ago - and subsequently maintained hunter-gatherer lifestyles typical of human societies of that era.

With the introduction of European settlers in the 18th century Australia's aboriginal peoples were: often dispossessed; long denied education; exploited by some (and helped by others); discriminated against by legislation (eg denied the vote until about 35 years ago); paternalistically protected without reducing their need for protection; given extensive public resources through ineffectual organizations or as charity; and otherwise ignored.

Genocide? A more extreme version of this history (ie that aboriginal communities were subjected to a process of quasi-genocide) has been tending to lose support [1, etc].

On the other hand it has been suggested that there would be advantages in regarding the frontier conflicts in Australia which accompanied European settlement as genocide (and draw a parallel with the Holocaust) to encourage a shift in national consciousness towards political humanism. This is seen to be needed because there are 'illiberal and exterminatory tendencies' at the heart of Western civilization [1]. However, the present author's detailed comments with the latter reference suggest that:

  • communities who are the victims of genocidal attacks do recover - so viewing aboriginal peoples as genocide victims does not explain their continued disadvantage in Australia;
  • such issues should be analyzed objectively, rather than subjectively, because:
    • demonstrating objectively whether injustices have done (and by whom) is a better way to resolve such concerns than is examining how those involved perceived what was going on;
    • there seems to be no certainty that forcing those who have suffered trauma to relive it aids their recovery;
    • destructive ideologies (such as Nazism which gave rise to the Holocaust) may arise from philosophical idealism (ie from assuming that reality is, or should be, determined by one's subjective understanding of it);
  • cultural challenges are a better explanation of, and way to reduce, the current disadvantage facing Australians with indigenous ancestry than an examination of historical trauma;
  • the strength of Western societies does not derive from 'illiberal or exterminatory tendencies'. Adverse consequences for others emerged from the growth and expansion which resulted from that strength. However this must apply to any civilization or species - and was less in the case of Western societies

There is little doubt however that aboriginal peoples have experienced only slow progress - though isolated individuals overcame the natural obstacles they faced, as well as some artificial obstacles.

Artificial obstacles arose presumably because (a) aboriginal peoples did not 'fit in' to the environment created by the economically-capable European community that was introduced in the 18th century and (b) it was believed (wrongly) that education would do no good. Unfortunately the people who slowed aboriginal advancement by denying education (and also others who tried to accelerate it with primarily 'social' re-engineering  irrespective of aboriginal people's real needs and ambitions) were not blessed with perfect wisdom or fore-knowledge.

Stolen generations? Debate about the extent of forced assimilation of aboriginal people's into Australia's mainstream (European) culture has occurred in relation to the (so called) 'stolen generations' - which involved children (especially those of mix race) being removed from aboriginal parents in the early 20th century in the belief that they were at risk and removal would improve their life prospects. They were placed in foster care, and the results in many cases were poor. Claims have been made that many thousands were 'stolen' (ie removed without parental approval) - though the latter aspect may not stand up to critical evaluation [1]. Furthermore the effect which this process may have had on equipping some aboriginal people for effective participation in mainstream society (and politics) does not seem to have been examined.

The aboriginal leader Noel Pearson argued in 2001 that dependency on passive welfare (which was supposed to help) and alcohol are now damaging aboriginal communities. The latter conclusion was also supported by Court of Appeal president Tony Fitzgerald in a report to the Queensland Government and (in a different way) by an Indigenous Women's Council (see Fitzgerald Report on Cape York Justice).  

However this is only part of the story as the likely causal chain is:  

culture     leads to    
  >> weak economic and commercial capabilities >>
>> negative community attitudes >> racism   
which leads naive 'reformers' to support  
    >> passive welfare which leads to
      >> alcoholism 
>> social breakdown

That culture is a major factor in a community's potential for economic success is considered in a different context in Competing Civilizations  and also in Comparative Development Theory: Indonesia / Australia.

The cultures of Australia's aboriginal peoples were highly developed (ie complex and sophisticated), and adapted to the environment which existed prior to the arrival of European settlers.

However it seems those traditional aboriginal cultures were not well adapted to their new environment. In particular they seem to contain features which impede economic gains as outlined below.

However any serious discussion of, or attempts to reduce, the disadvantages that may be implicit in aboriginal cultures seem to be discouraged by implying that doing so is racist (see also Complexities in the Refugee Problem).

For example:

  • a key obstacle to reconciliation between mainstream and aboriginal communities is seen to lie in the lack of a formal apology from the former for the latter's historical experiences. However there is a reasonable case that a major part of the latter's problems lies in its traditional attitudes and beliefs - which required aboriginal communities to travel an immense cultural distance over many generations. If there is no receptiveness to any discussion of this dimension of the problem, is it reasonable to expect others to 'apologize' for the resulting stresses?

  • the removal of half-caste children from some aboriginal families (the 'stolen generation') is popularly portrayed as an abuse of human rights rather than as a well-meant effort to rescue abused children from what was (at the time) realistically seen as a dangerous / hopeless predicament;

  • it was suggested that it was racist not to treat the aboriginal tradition of payback (killing those responsible for other's deaths) as equally valid as dealing with offenders through a process of law [1] [Comment: Surely traditions that encourage families to take their own revenge are likely to create an ongoing cycle of violence]

  • charges have been laid against a member of the Senate for suggesting (aggressively) that there were problems in aboriginal cultures (Russell M. 'Senator to face race trial',  Courier Mail,  14/6/02);

  • government agencies were forced to return aboriginal children to abusive families because of fear of being labelled racist [1, 2];

  • it was seen to be racist to suggest that family pressures on those with ability to commit public money created problems for aboriginal organizations in managing public money [1] - though in Indonesia (and other Muslim nations) the dominance of family loyalties over community obligations seems to be widely regarded as a factor in corrupt administration;

It has been noted that there has been a great deal of 'talk about cultural sensitivity and autonomy' - with the implication that this needed to be taken further. Unfortunately this 'talk' can obscure the critical question of whether culture is a major determinant of people's ability to be be materially successful. This can lead to the perception that, if aboriginal people's have not succeeded, the only possible explanation must be discrimination and racism [1].

A further complexity is the risk that such 'talk' also leads to racial discrimination. For example:
  • cultural separatism, which some aboriginal groups advocate, could constitute racial discrimination - if individuals were to be forced on the basis of their race to live within cultures which disadvantaged them so that aboriginal leaders could maintain power over them. For example:
    • the case of of a 15 year-old aboriginal girl forced to have sexual relations with a 50 year old man to whom she had been betrothed by her parents illustrates the clash between cultural rights and human rights (Brunton R 'Women in chains', CM, 10/10/02)
    • an aboriginal man asserted his conjugal rights over a 15 year old girl ('Victim trapped between two worlds', A, 9/10/02). But no aboriginal leaders spoke out against this. This is a conflict between cultural rights and human rights. Coming from India it is clear that cultural rights are changing - and where lower caste's and women were once exploited this is now unacceptable (Thite M 'Tradition does not excuse sex exploitation', A, 12-13/10/02)
  • unjust accusations of 'racism' against those who might seriously discuss the practical advantages and disadvantages of particular cultural features potentially provides a kind of 'moral shield' for those who might practice real discriminatory racism;

One observer has suggested that the violence against women and children which pervades aboriginal communities may be an indirect result of a refusal to recognize that aboriginal cultures contain no concept of 'community' (and thus do not breed 'community leaders' to suppress such behaviour) - because doing so would have exposed the weakness of 1970's indigenous-liberation politics [1]. 

Other views: 

Research suggested that violence arose from customary law - rather than from the imposition of European standards (and was considered normal and acceptable by those affected) so that social dysfunctions within aboriginal communities would not be eased by greater autonomy [1]. 

The growing legal practice of recognizing customary law (which involves and can be used to rationalize violence) has the effect of perpetuating the violence that cripples aboriginal communities - and creates second class citizens [1]

Concerns about sexual violence related to aboriginal culture are misplaced. The problem is that traditional aboriginal culture where roles were determined by sex, knowledge and skill have been displaced by a culture where power is based on access to government funding. Bureaucracies are to blame [1]

'Men's business' in remote aboriginal communities often led to males freely breaking the law and committing appalling crimes. Young men who are initiated feel they can do anything they like [1]

Realistic attempts to address the core of aboriginal disadvantage has probably been made even more difficult over the past 20-30 years by post-modern ideologies which (in a dramatic over-reaction to flaws in earlier epistemologies) have adopted the concept that 'truth' is largely or entirely a social construct (ie 'knowledge' primarily reflects the assumptions that particular groups make for their own political advantages). This leads to the view that cultures are mere matters of personal preference which have no practical consequences.

An aside: In the international arena, a similar assumption may be a major contributor to the 'conspiracy theories' that lead to risks of conflicts (see About Conspiracy Theories).

These assumptions led to attempts to develop remote aboriginal communities living a hunter-gatherer lifestyle on traditional lands - an 'experiment' which some observers suggest has isolated aboriginal communities from mainstream society and led to most of their current deprivation [1]

Current Proposals

Current Proposals

For much of the past 30 years hope for aboriginal advancement revolved around native title - on the assumption that people require land to gain respect. However, despite its advocates' enthusiasm it is not clear how native title can lead to very much in the way of economic opportunities.  The consensual view after 10 years of experience seemed to be that native title on its own has changed the position of aborigines in Australia's community but has not improved it.

Ironically, the major strategic beneficiary of native title has probably been Australia's mainstream community. The latter's dependence economically on natural wealth in land and resources had kept them from developing economically, and made Australia (in the words of a previous Prime Minister) into a potential 'banana republic' and the 'a… h... of the earth'.

Mainstream Australia's ability to depend on natural wealth has been severely curtailed in the 1990s by the sterilization of land and resources through native title - and, to some degree, this massive developmental burden has been laid on the shoulders of aboriginal Australians (see comment on the Resource Curse hypothesis).

Noel Pearson has argued that to overcome disadvantage aboriginal peoples need to be able to cope with / prosper in the modern world [1] - a goal which he later described as compatible with simultaneously maintaining traditional cultures [1].

A quite different view is that the problem is due to aborigines' inability to live within traditional cultures due to dispossession (eg consider the views of the Aboriginal and Torres Strait Islander Women's Taskforce on Violence in Indigenous Communities)

A similar view has been put forward by Aboriginal and Torres Strait Islander social justice commissioner, William Jonas ('Native title the key to real equality', Australian, 22/5/02) who appears to favour a form of separate development (a self-imposed apartheid?) based on what was seen as the inherent rights of aboriginal peoples (which was said to lead, through native title, to: economic opportunities; equality for aboriginal culture; and appropriate governance structures for aboriginal communities).

Combining both these viewpoints to some extent, Reconciliation Australia sponsored an impressive depth of research into:

  • aboriginal self governance (see abstracts from Indigenous Self Governance Conference 4-5 April 2002) because this is seen as a key factor in the improved prospects of native peoples in North America, and poor governance can frustrate economic success; and
  • access to banking services (see Banking on Indigenous Communities) because, such economic success requires more than good self governance.   

Unfortunately neither the cultural modernisation nor the cultural separatism views offer easy solutions.

Even what could be called the 'Native Title Plus' agenda (as illustrated by the work of the Reconciliation Australia) faces serious difficulties. Dependence on socially and culturally corrosive welfare payments would not be removed, and many aboriginal communities would continue to live in quasi-apartheid pockets of  third-world disadvantage within Australia.

Why: While it is apparently being recognized that more than self-governance is needed for economic success (so banking access is being examined), the problem is that MUCH more than self government would be required (see below), and it is grossly simplistic to assume that access to finance could be enough.

Illustration: It was argued that there has been a long term difficulty in commercializing the products of Queensland science because of a lack of venture capital (eg Franklin M, 'Germ of an idea grows bigger than Texas', Courier Mail,  15/6/02). However the real gap Queensland faces lies in the lack of skills and organizations able to succeed with innovation (eg commercialization of technical ideas). If there had been such a pool of commercial competency, then capital would have been readily available. Changes in the financial system (eg the provision of 'venture capital' funds as Queensland's government intends - see Odgers R. 'State fund of $100m for biotech ventures', CM,  10/5/02 ) can never overcome the much more complex real problems (see Queensland's Biotechnology Bubble).

A major school of thought in development theory was that which focused on 'missing strategic factors'. This involved the assumption that if the key missing factor was only provided, then all would be well. However in practice the result was that developing regions wasted whatever 'missing strategic factor' was provided (eg capital, skilled people) because a lack of balanced / integrated development meant that that factor could not be properly used.

Furthermore even to the extent that (say) self governance and access to finance are necessary ingredients, these need a great deal of care to ensure that they are not only culturally but also economically effective. For example, a rule of law confers great economic advantages on European communities but is not generally relied upon in East Asia. It is not clear that Reconciliation Australia's Self Governance conference considered what style of governance would allow aboriginal Australians to gain economic success.

A likely impact of the 'Native Title Plus' agenda of governance and finance initiatives will be found to be inadequate (because of limiting effect of the hundreds of other constraints that are not addressed).  This will apply even if the substance-abuse issue that Noel Pearson has seen as the most critically important (see 'Substance abuse must be stopped', Australian,  11/7/02) is added to the agenda. The real problem is that this inadequacy may not be recognized for yet another wasted decade.

Far faster means of removing ALL aspects of aboriginal disadvantage simultaneously are needed today not in 10 years time - and suggested below.

Other proposals for creation of champions for aboriginal communities at senior levels in the bureaucracy are likely to lead to further frustration because (at best) the support which such 'champions' would be able to mobilize is not what aboriginal communities are likely to really need (eg see 'Freshly baked idea goes stale' which refers to the effect of due administrative procedures on a project proposed under the Cape York Partnership scheme).

The major challenge is that prospering (in the present environment) requires amongst other things (a) the ability to be near the leading edge in understanding and applying the mechanisms of the natural world (science and technology) and (b) an orientation to, and social institutions, which enable economically productive changes (eg financial institutions and business enterprises). 

Cultural Obstacles

Cultural Obstacles

Not every culture lends itself to the latter achievements.

Under the author's undoubtedly too limited understanding, it appears that though aboriginal cultures have significant traditional strengths (eg sense of community, relationship with the land), they also have features which are likely to impede independent success within Western economic models. These include: 

  • lack of individualism - which is a particular problem because rationality is a very powerful means for problem solving - which does not work well at the level of communities as a whole because the complexity / interconnection of the issues that arise. The East Asian communitarian models show that (given other demanding conditions) this obstacle can be overcome (see Transforming the Tortoise (Chapter 4); and Asia Literacy). However because cultural obstacles aren't discussed, no one seems to have done any work on possible options for aboriginal communities; 

  • lack of emphasis on private property (especially communal ownership of land [1]). Without private property access to the lending securities needed to participate in a money based economy is limited. Property rights have been argued to be vital to lifting poor peoples out of poverty - by providing means to participate in the formal economy [1]

  • a tendency to learn in the concrete, rather than in the abstract - which creates difficulties in dealing with science, and with planning; 

  • an attitude to time which does not clearly distinguish past and present [1], and an orientation to the past (ie towards who they ARE) rather than towards future progress. These are particularly critical issues because economic productivity (ie achieving high value added to pay high wages, profits and taxes) does not result from being efficient, but from having competitive advantages - which requires constant change and learning as individuals, enterprises and communities.;

  • an apparent lack of leadership - which is a critical constraint because of the vital importance of change for economic productivity. A lack of effective leaders has been seen to arise from (a) living in survival mode and (b) the lack of a concept of the public good [1]. However it also seems likely that aboriginal elders see their role as reinforcing the past rather than creating a future.

In 2009 claims were made about dysfunctions in traditional cultures, including: (a) pursuit of family loyalties over common good; (b) traditional medical practices block preventative / curative medical processes (c) a philosophical assent to tragic terms of human life (d) a belief that things are as they were meant to be - thus rendering notions of social progress or any sort of change quite alien; and (e) an orientation towards self help / self redress including frequent recourse to violence [1]

The basic problem of economic underdevelopment is the same world-wide - namely that peoples do not have the cultural or institutional tools to make the constant changes required to be economically productive. 

This is not to say that everyone has to be the same - but that societies have to create successful means for achieving economic change (either by adapting to the Western models or by finding other models). 

Rapid development in East Asia show that alternatives to the Western models do exist - but the alternative East Asian economic models are no less demanding in their own way, and also suffer weaknesses which, though different, may be even greater than those in Western models (eg see China's Development: Assessing the Implications). 

Thus education, investment, advice etc are not sufficient to overcome disadvantage unless there is rapid progress in addressing the cultural and institutional dimensions. The innovative Cape York Partnership that Noel Pearson inspired using the theory of 'social entrepreneurs' and Reconciliation Australia's 'Native Title Plus' agenda may not achieve much.

And the complexity of the challenge can be illustrated by Noel Pearson's proposals for giving aboriginal elders legal power over others in their communities to control social dysfunctions (eg alcohol abuse, conflict). The restriction on individual freedoms he proposed would re-create to some degree the social and political environment of tribal society - an environment that would be fatal to independent initiative and to the constant change needed for economic success under Western economic models.

Parallels

Parallels

The major obstacle to advancement usually seems to lie in people's own attitudes.

For example, Islamic societies tend to have a belief that all outcomes are the result of the will of Allah - and thus do not attach enough importance or credibility to the possibility that they themselves can make a difference. They thus tend to fail economically, and then extremists blame their failure on their lack of obedience to Allah (and some of those societies than collapse into a fundamentalism which disregards all human knowledge except that found in the Koran). 

The solution for Islamic societies might be to consider the Genesis claim, which is part of their heritage, that God created a reality in which humanity is a significant creative influence.

[See also Culture Makes a Difference in Complexities of the Refugee Problem and Competing Civilisations]

Australia has a new challenge similar to that aboriginal communities face, as indicated by the 'One Nation' phenomenon. This political phenomenon reflected the fact that marginal (regional, coastal and metropolitan) communities failed to cope with the effect of massive economic change and were thus socially disadvantaged (see Assessing the Implications of Pauline Hanson's One Nation ).

However Australia's elites, rather than being sympathetic to their plight and moving to ensure that they could cope, often confined themselves to criticising and marginalizing the disadvantaged for the ignorance that was the source of their weakness - which was exactly the same as their predecessors did with aboriginal peoples.

However it was difficult to do anything different, because many of the (One Nation) disadvantaged (like their aboriginal predecessors) also haven't wanted to hear that they might have to 'get their act together' to escape from their plight. Rather they simply wanted to re-create their past.

The Future

The Future

There are growing global difficulties with modern mainstream economic models - eg in terms of unstable financial systems, and excessive environmental pressure due to economic and population growth. Thus alternatives will need to be developed - which in part will involve recognition that humanity's creative influence in the world brings ecological responsibilities - an area in which aboriginal communities probably have contributions to make. A key issue here may be to invent practical alternatives that would moderate the way in which money drives change and growth.

None-the-less alternative economic models that must be found can't be all that different to the current mainstream without bringing disaster - because creatively processing large quantities of materials and energy is now essential to sustaining current human populations. Thus finding a way to participate in this successfully will remain a key challenge facing aboriginal (and 'One Nation') communities. Ongoing change will further complicate the position, because (to be anything but permanently marginalised) it is not only necessary to catch up with what the leading edge of the mainstream world has been economically, but also necessary to catch up with what it is becoming.

It can be noted that a key to the economic 'catch-up' which East Asian societies are achieving (which no others achieved) was that they targeted Western societies most productive industries, rather than following expert advice about undertaking low-quality activities that were 'appropriate' for less developed societies and that would have permanently kept them relatively poorer.

Educating individuals one at a time will achieve progress .... eventually. For faster progress, learning by whole communities through identifying attractive opportunities from change is likely to be needed.

Methods whereby 'catch-up' might be achieved (through accelerating grass roots learning) are available (eg see Developing a Regional Industry Cluster - though this is presented solely in terms of 'economic' development, and has not been adapted to the needs of aboriginal communities).

However the fact that this article identifies a focus on 'real estate' as the first of Seven Secrets to Failure is probably not irrelevant to the now-diminished expectations about what can be achieved via native title.

Grasping the Nettle

Grasping the Nettle

One critical problem aboriginal communities face is that others try to 'do it' for them [1].

For example: A report by the House of Representatives standing committee on Aboriginal and Torres Strait Islander Affairs identified many different program activities through which government could help these groups ("We can do it: the needs of urban dwelling Aborigines and Torres Strait Islanders", August 2001).

The committee did not even appear to consider whether aboriginal peoples' main disadvantage could be that 'they couldn't do it' for themselves. 

And: discussions about aboriginal disadvantage may be a major contribution to it [1];

Similarly the Productivity Commission's report on Overcoming Indigenous Disadvantage: Key Indicators 2003, gave a list of 7 priority areas for improvement [1] - all of which were perfectly reasonable. The only problem was that the Commission took the view that aboriginal people should wait until political leaders get around to doing it for them.

The other side of this problem is that aboriginal communities have been prepared to play the dependency game - concentrating on disadvantages and telling government what government or others should do for them, rather than concentrating on opportunities and doing it for themselves.

However this should not be seen as a one-way street. As noted above, aboriginal cultures contain many attractive and highly functional features, and Australia generally faces significant changes requiring adjustments. Thus, in addition to pro-actively learning to advance themselves, aboriginal communities might consider identifying how features of their traditional cultures would be of more general relevance and then doing some 'educating' of their own.

June 2002 (based on paper first drafted 20/12/01 and modified subsequently)

Addendum A: 'Recognising Aboriginal and Torres Strait Islander peoples in the Constitution': More Symbolism? +

'Recognising Aboriginal and Torres Strait Islander peoples in the Constitution': More Symbolism? (Email sent 9/11/10)

Patrica Karvelas and Joe Kelly
The Australian

Re Indigenous recognition ‘must be real’: Marcia Langton, The Australian, 9/11/10

Your article recorded comments on an announcement by Australia’s prime minister about what you described as a ‘referendum on the recognition of Aborigines in the Constitution’, which the ALP had promised during the recent federal election campaign.

Ms Gillard did not, however, suggest what form this recognition might take, but rather established a panel to report back by December 2011. However this merely deferred dealing with a difficult issue, and is unlikely to produce an outcome of any real benefit to Australians with indigenous ancestry.

Alternatives

There are basically two alternatives for such a Constitutional provision:

  • Firstly it could say that some Australians have ancestors who migrated to the continent tens of thousands of years before European settlement, and that those individuals must in the long term have the same rights and responsibilities as everyone else, though many may require short term support to get to the point where this is possible;
  • Alternately it might say that Australians with indigenous ancestry (either as individuals or as communities) have rights and responsibilities that are different to other Australians.

This is in some ways the difference between giving recognition to ‘aborigines’ (which your article referred to) and giving recognition to ‘aboriginal peoples’ (which was referred to in the joint media release by the Prime Minister and the Minister for Indigenous Affairs and Attorney General).

The former position is consistent with the spirit of inclusiveness that led to overwhelming support for the 1967 referendum (which recognised ‘aborigines’ by allowing special laws to be made for them, and including them in census counts). It would undoubtedly gain popular support in a future referendum. However, for reasons outlined below, it would not deal with the real obstacles facing ‘aborigines’.

The alternative proposition would seem unlikely to get popular support. Moreover (for reasons suggested below) this would actually increase the difficulties facing Australians with indigenous ancestry.

What is ‘Real’?

Your article quoted Professor Marcia Langdon as suggesting that indigenous recognition ‘must be real’, and (a) involve more than a paternalistic / token mention in the preamble; and (b) put an end to making different laws for aborigines (ie to the major outcome of the 1967 referendum).

However, unless and until Australians with indigenous ancestry pay serious attention to the cultural factors that limit their achievements, it seems likely that official recognition in the Constitution can be no more than another exercise in symbolism (see The Challenge of Aboriginal Advancement , 2002). Australians with indigenous ancestry must get themselves into a position where they can succeed on their own merits, rather than aspiring to be merely a protected species.

Constitutional changes might achieve no more of any practical relevance than the (so-called) ‘Apology to the Stolen Generations’ (see Apology Magic?, 2008). Furthermore the risk of simply doing ‘more of the same’ policies that have failed in the past is indicated by:

The prospects of again going around in circles is further increased by the UN Declaration on the Rights of Indigenous Peoples, which is likely be considered in drafting any proposed changes to Australia’s Constitution. The UN Declaration seemed unfortunately to be something of a ‘dog’s breakfast’ (see UN Declaration on the Rights of Indigenous Peoples: Perpetuating Disadvantage?, 2007). For example the Declaration sought to simultaneously achieve the apparently incompatible goals of improving the position of indigenous people as individuals, and the status of their traditional cultures.

Thus it is hard to see that ‘recognition of Aborigines (or alternately recognition of ‘Aboriginal peoples’) in the Constitution’ is more than a symbolic diversion from enabling them to stand on their own feet.

John Craig


RE: 'Recognising Aboriginal and Torres Strait Islander peoples in the Constitution': More Symbolism? (Email received 12/11/10)

Dear Mr Craig

Thank you for providing a copy of your email of 9 November 2010 sent to Patricia Karvelas and Joe Kelly of The Australian, expressing concern that constitutional recognition of Indigenous Australians may be little more than a symbolic gesture.

It is important that Indigenous disadvantage is tackled on a number of fronts, including recognising the special place of our first people, driving long term change on the ground through investment and reform and supporting people to take responsibility for themselves so they meet their potential and pursue their aspirations.

Constitutional recognition of Aboriginal and Torres Strait Islander peoples is an important step in strengthening the relationship between Indigenous and non-Indigenous Australians, and building trust. There are complex legal, policy and cultural issues involved in changing our Constitution which is why the Government is establishing an Expert Panel to develop options for change. Proposals will need to be developed in close consultation with Indigenous people, and experts with a strong understanding of the Constitution and it will also need to be meaningful to and supported by the broader community

The Expert Panel will lead broad consultation during 2011 to build consensus on the recognition of Indigenous people in the Constitution. It will be asked to develop options for constitutional change which will attract broad support from the Australian community and will work closely with organisations with expertise and a history of engagement on this issue. The Panel’s terms of reference are purposely broad in scope. The Government does not wish to constrain the work of the Expert Panel or pre-empt a form of wording that could be put to a referendum. This is a matter for all of Australia, not only Indigenous people and a key role for the Panel is to consult widely with the public, including Indigenous people, to determine the best way forward.

Thank you again for writing.

Indigenous Constitutional Recognition Secretariat  | Department of Families, Housing, Community Services and Indigenous Affairs


Reply sent 13/11/10

Indigenous Constitutional Recognition Secretariat

Thank you for your email of 12/11/10 concerning the purpose and process of the consultation on the recognition of Indigenous people in Australia’s constitution.

There is no doubt about the importance of: building trust; on-the-ground change through investment and reform; and support for Australians with indigenous ancestry in taking responsibility, achieving their potential and pursuing their aspirations.

If mention in the Constitution assists in building trust, it will be of value. However unless and until the process of support for Australians with indigenous ancestry enables them to address the practical consequences of traditional cultures, their ability to take responsibility, achieve their potential and pursue their aspirations will be severely limited. And, as noted in my earlier email, there are ways in which Constitutional recognition could seriously impede their advancement.

It is submitted that these concerns need to be considered in the consultation process.

John Craig

 

Addendum B: A 'Cultural Blending' Scenario for Indigenous Australia

A 'Cultural Blending' Scenario for Indigenous Australia (email sent 10/11/10)

Dr Sarah Maddison and Professor Patrick Dodson,
Indigenous policy and Dialogue Research Unit,

UNSW

Re: ‘Seize this one chance for a reconciled future’, The Australian, 10/11/10

In the context of the Prime Minister’s proposal related to recognising Aboriginal and Torres Strait Islanders in the Constitution, I noted your Unit’s interesting proposal (in Scenarios for Indigenous Australia) for the development of scenarios as a means for informed dialogue about the future of Indigenous Australia.

I should like to suggest that one of the scenarios that should be developed as the basis for dialogue involves cultural blending, eg by Australians with indigenous ancestry collaborating in examining their cultural heritage in terms of both: (a) features that might be advantageous if shared more widely within the Australian community; and (b) the adverse implications for their economic welfare of some behavioural and institutional consequences of traditional cultures. My reasons for suggesting this are outlined in 'Recognising Aboriginal and Torres Strait Islander peoples in the Constitution': More Symbolism?

However, having noted Professor Dodson’s 2009 So What? lecture, I have a suspicion that a ‘cultural blending’ scenario such as suggested above could be outside the range of those that your Unit would be willing to contemplate.

John Craig

Addendum C: Improving the Position of Australians with Indigenous Ancestry  +

Improving the Position of Australians with Indigenous Ancestry - email sent 21/1/11

Noel Pearson,
Director,
Cape York Institute for Policy and Leadership

Re: Aboriginal referendum a test of national maturity, The Australian, 26/1/11

Your article both expressed reservations about the prospects for success of the proposed referendum, and suggested the need to recognise the status of indigenous peoples without fracturing the notion that all Australians are equal citizens.

My interpretation of your article: Mark Leibler suggested that the referendum is needed to complete unfinished business, but not everyone will get what they want. Patrick Dodson saw a need to acknowledge indigenous peoples in a proper and respectful way, while Ken Wyatt believes there is little appetite for significant change. I was reluctant to participate in the expert panel because: (a) conservative leadership is usually needed for successful constitutional change; and (b) the federal ‘new political paradigm’ was turned into a quagmire. Rudd shook Australia’s faith in competent governance. However as the Opposition endorses constitutional reform, there may be hope. Some see a need to change Australia’s constitution in the light of social and cultural change, while others object to change (eg thinking that ‘if it ain’t broke, don’t fix it”). The constitution has served 97% of Australians well, but not the 3% of indigenous Australians. There would be no need to change it, if (for example) Australia became a republic. Some see that 1967 referendum fixed problems in the constitution by voting for Aboriginal citizenship. However this merely made the originally-negative constitution neutral, for original Australians. There is a need to recognise the status of indigenous peoples without fracturing the notion that all Australians are equal citizens. The proposed constitutional amendment must be one in which all see themselves as winners. This requires that the expert panel proposal must first be subjected to a preliminary vote of indigenous Australia, and if they do not support it then it should not be put to referendum. Also any referendum should be separated from elections to ensure it is not politicised. The referendum will be a test of the maturity of indigenous Australians and their leaders, as much as of Australians generally.

I should like to endorse your radical proposal for reasons outlined in 'Recognising Aboriginal peoples in the Constitution': More Symbolism?. Any constitutional amendment that did not make clear that Australians with indigenous ancestry have the same rights and responsibilities as everyone else would: (a) be unlikely to get general acceptance; and (b) be likely to disadvantage those subjected to positive or negative discrimination. The referenced document also suggested that the most effective way to improve the position of Australians with indigenous ancestry could be to provide them with leadership (eg through the Cape York Institute for Policy and Leadership) in examining the effect that cultural assumptions have on people’s ability to be materially successful.

In relation to other points made in your article it is submitted for your consideration that:

  • The Rudd Government was by no means to first to show that governments can be incompetent (see Failure was not confined to the Rudd Government);
  • Making Australia a ‘republic’ could not be achieved without constitutional changes (see Politicisation of the ‘Crown’). The foundation of Australia’s system of government is that the ‘Crown’ holds all executive power but uses it only on advice from elected governments. Under any republican system the head of state could be expected to have their own (different) political agenda and power base, and thus create potential conflicts requiring extensive constitutional changes;
  • There would seem to be an incompatibility between your suggestion that all Australians be regarded as equal citizens and your suggestion that any constitutional change recommended by the expert panel be first submitted to a vote by a particular group of Australians (ie those with some measure of indigenous ancestry). Moreover, as I understand it, ‘voting’ was not the traditional methods whereby decisions were reached in indigenous communities. A better alternative might be to ensure that proposals from the expert panel are communicated clearly to Australians with indigenous ancestry, and that they are given every opportunity to make their reactions to those proposals widely known. A constitutional amendment that was generally perceived to be inadequate by the individuals whose ancestors it was intended to acknowledge and whose position it was intended to normalize would be unlikely to be endorsed by the community generally.

John Craig


[Further note on the above-mentioned apparent inconsistency in Mr Pearson's argument: In a subsequent article (Seek indigenous views ahead of full referendum, The Australian, 29-30/1/11), Mr Pearson suggested:

"......... that indigenous Australians should first decide their position on any referendum proposition.

First, is the effort of recognising indigenous Australian people worth pursuing through a national referendum if the objects of that recognition do not support it? If indigenous Australians say no, then our people will have to wear the decision. That is a possibility the process must be prepared to allow.

Second, without a preliminary vote we will never know what position was taken by indigenous Australians, because the vote of 3 per cent of the population will be submerged in the overwhelming 97 per cent national vote. Surely both indigenous and non-indigenous Australians would want to know whether or not indigenous Australians supported the recognition.

Third, the very concept of recognition implies there are two groups in the national community of Australia, indigenous Australians and non-indigenous Australians [emphasis added]. To say a preliminary vote of indigenous Australians creates an offensive division overlooks the fact that recognition is about one recognising the other.

Fourth, for the nation to truly settle unfinished business the indigenous Australian voice must be active in the process. If the voice of indigenous Australia is submerged within a national voice, there is a danger our people will play a passive role in the process. The voices of some indigenous Australian leaders will be heard loud and clear. My concern is the voices of ordinary indigenous Australians, in the city suburbs, in the country towns, in the remote communities, all have the opportunity - and indeed the responsibility - to give active expression to their view."

The third point above (ie that two different groups of Australians would recognise each other - presumably those having or not having some measure of indigenous ancestry) is clearly incompatible with Mr Pearson's suggestion in the earlier article that all Australians be recognised as equal citizens. 

Recognition of the simple fact that some Australians have indigenous ancestry does not require now trying to classify individuals into one of two separate groups. Such a classification process would be:

  • pointless if all Australians are to be recognised as equal citizens;
  • exceeding difficult (and thus virtually arbitrary in many cases) in relation to Australia's inhabitants at the time of European settlement given the degree of intermarriage that has occurred over the past couple of centuries, and the lack of reliable records; and
  • inappropriate given that pre-European migrants to Australia arrived in successive waves over tens of thousands of years, each of which tended to partly displace their predecessors - who would logically need to be regarded as a separate / earlier 'indigenous' group]. 
Addendum D: Base 'career and financial benefits' on needs and means, not on ancestry

Base 'career and financial benefits' on needs and means, not on ancestry (email sent 2/4/11)

Karl Quinn
The Age

Re: Bolt put in place in race case?, The Age, 2/4/11

The case that has ‘amused, if not transfixed, Melbourne this week’ raises important questions that seem to be being ignored by those commenting on it. Though I know nothing about what actually happened, your article suggested that a journalist, Andrew Bolt, had written:

“….. a series of articles that named and arguably shamed a number of light-skinned Aborigines who, he contended, had claimed one small element of their mixed genetic heritage as significant above all others. Their choice to identify as indigenous Australians, he added, just happened to confer all sorts of career and financial benefits. How fortunate.”

Australia has a serious problem of racial discrimination – namely that individuals with any indigenous ancestors can obtain benefits not available to Australians generally, merely because of their ancestry.

Many Australia’s with indigenous ancestors suffer from serious social and economic disadvantage, and require support to overcome those disadvantages. However such support should be based on individuals’ needs and means, rather than based on their ancestry – and universally available to anyone with similar needs and means.

Noel Pearson has argued that reference to indigenous peoples in the constitution should not prevent all Australians being recognized as equal citizens (see Improving the Position of Australians with Indigenous Ancestry. Likewise Professor Marcia Langdon suggested the need to end the practice of making special laws for individuals with indigenous ancestors that was authorized by the 1967 referendum (presumably because such special laws can be a two edged sword) – see 'Recognising Aboriginal and Torres Strait Islander peoples in the Constitution': More Symbolism?

I am sure that many people would be interested in coverage of the current judicial action that mentioned the broader policy issues involved.

John Craig

Addendum E: Inadequate proposals for advancing the position of Australians with indigenous ancestry
Inadequate proposals for advancing the position of Australians with indigenous ancestry (email sent 9/12/11)

Michael Gordon
The Age

Re: Step to honour our first people, The Age, 9/12/11

If your article accurately represents the outcome of the panel’s efforts to develop proposals for recognition of indigenous Australians in the Constitution, it is clear that that the panel been a failure. Your article suggested that:

“AUSTRALIANS will be asked to change the constitution to recognize Aboriginal and Torres Strait Islander culture and languages, prohibit racial discrimination and remove the last vestiges of racism in the nation's founding document under a blueprint approved yesterday.

An expert panel appointed by the Gillard government has proposed that recognition of indigenous Australians be attached to a new power to legislate for the advancement of the original Australians, their languages and their culture.

…..

The [possible] new power [to replace Section 51 (xxvi)] would have its own preamble, acknowledging prior occupation of the lands and waters by Aboriginal and Torres Strait Islander people and respecting their culture. It would give the Commonwealth power to make laws for the advancement of indigenous peoples and for the protection of their culture and languages. There would also be a prohibition on racial discrimination."

Making special Commonwealth laws for the advancement of ‘indigenous peoples’ would clearly be a case of racial discrimination. Moreover advancement of indigenous peoples arguably requires that they consider the practical consequences of their cultural traditions, not simply that the Commonwealth (or anyone else) recognize those traditions (see The Challenge of Aboriginal Advancement, 2002).

Why it is hard to know what legislation would be advantageous [Note added later]

It is anything but easy to know what legislation would advance the position of Australians with indigenous ancestry.

Several decades ago, after the 1967 constitutional amendment to allow the Commonwealth to make special laws for indigenous Australians,  it was believed that access to welfare services (ie direct government assistance) was what was needed. This degenerated into welfare dependence. Then land rights / native title was seen to provide a solution. Irrespective of any benefits, this seemed to worsen the desperate position of communities living remote from opportunities.

Now recognising cultural traditions may lead to disadvantage if (as suggested above) those cultures actually need to be reviewed to eliminate dysfunctional features.

Also a constitutional provision empowering the Commonwealth to legislate to benefit particular groups will necessarily focus those groups on lobbying the Commonwealth for benefits, rather than seeking success in other ways. The example of tariff protection of Australian manufacturing industry is relevant - as, for decades, this focused manufacturers collectively on lobbying the Commonwealth Government rather than on individually addressing global market demand. And the dependency this created was a political nightmare to unwind. Similarly the Australian states' enforced focus on lobbying the Commonwealth Government for funding seems to be the major factor in the distortion and inefficiency of government functions in Australia generally (see Federal Fiscal Imbalances).

What the panel is proposing seems to be based on the UN Declaration of the Rights of Indigenous Peoples, and the latter: (a) gives no consideration to practical issues; (b) is full of internal contradictions; and (c) is something of a ‘dog’s breakfast’ (see UN Declaration on the Rights of Indigenous Peoples: Perpetuating Disadvantage?, 2007).

An alternative approach to this issue that was likely to have been more successful in genuinely advancing the position of Australians with indigenous ancestry was outlined in 'Recognising Aboriginal peoples in the Constitution': More Symbolism? (2010).

John Craig

Addendum F: Indigenous Recognition (Related Note)
Indigenous Recognition - email sent 21/1/12

Nicholas Rothwell
The Australian

Re: Simplicity the missing link in a complex proposal, The Australian, 20/1/12

Your article validly noted the inconsistency of proposals to both prohibit and explicitly endorse racial discrimination in relation to the constitutional recognition of indigenous Australians that has been suggested by the expert panel established by the federal government.  Clearly one cannot simultaneously reject racial discrimination and provide for (say) native title for Australians with indigenous ancestry.

A similar point was made in Inadequate proposals for advancing the position of Australians with indigenous ancestry, and this may be of interest. It includes reference to suggestions about ways to eliminate this inconsistency, and hopefully genuinely advance the position of Australians with indigenous ancestry.

John Craig


Related Note: Added Later

It was reported in Indigenous rights: constitutional amendments likely (Jamieson A., Crikey, 20/1/12) that a justification had been put forward for prohibiting racial discrimination whilst providing for recognition of Aboriginal and Torres Strait Islander people:

"One of the chairs of the panel which presented the report, Mark Leibler, wrote in The Age about the panel’s decision:

“Some people might question why you would want to remove race from the constitution and then replace it with a power to legislate for Aboriginal and Torres Strait Islander people. I would say we have to get away from this 19th-century idea that Aboriginal people are members of a “race”. Their identity is based on ancestry, ethnicity and belief systems, not race. We need to have laws that relate to Aboriginal and Torres Strait Islander people just as we do for many groups in society — women, the elderly, the disabled, veterans, people living in remote areas — but these laws should be based on need and the national interest, not race.

Need because Aboriginal and Torres Strait Islander people remain Australia’s most disadvantaged citizens. The national interest because their cultures and languages are unique to this country to be celebrated as part of our common heritage.”  "

Whilst interesting, this suggestion does not seem to be particularly solid because:

  • the notion of 'ancestry' and 'ethnicity' are not readily separable from 'race'. For example, the relevant Wikepedia article asserts that "The concept of ethnicity differs from the closely related term race in that "race" refers to grouping based mostly upon biological criteria, while "ethnicity" also encompasses additional cultural factors" (ie biological 'race' is seen as a component of ethnicity). Likewise two of the definitions of ethnicity on Dictionary.com appear to adopt a similar approach, ie they define ethnicity as: (a) "relating to or characteristic of a human group having racial, religious, linguistic, and certain other traits in common "; and (b) "relating to the classification of mankind into groups, esp on the basis of racial characteristics " [While the idea of identifying Australians with indigenous ancestry on something other than the basis of 'race' has appeal, these linguistic obstacles would need to be overcome];
  • while 'need' is a relevant basis for providing support for Australians with indigenous ancestry (because they frequently suffer disadvantage), such needs apply to individuals rather than all people with indigenous ancestry (because increasingly some individuals are becoming successful in their own right). Moreover it is not possible to justify some legal provisions (eg native title) on the basis of 'need';
  • while the cultures and languages of Australians with indigenous ancestry are unique and worthy of recognition as part of Australia's heritage, it is not clear what this implies in terms of the national interest, because: (a) it seems likely that traditional cultures have been a significant factor in the disadvantage often suffered by Australians with indigenous ancestry (see The Challenge of Aboriginal Advancement ); and (b) there seems to be a more general requirement for Australia to review its approach to multiculturalism by serious considering the consequences of cultural assumptions (see Moving Australia Beyond Traditional Multiculturalism ).