Monday 24 April 2023

Anzac day 2023

                                                                         Lord, what fools these mortals be!

A Midsummer Night’s Dream,

Act 3, scene 2

 

ANZAC day is primarily an opportunity to remember those who died in the service of the Australian nation state. Lives cut short, or curtailed due to physical or mental injury, while serving in our name, deserve our deep and heartfelt gratitude.

 

Yet as I grow older, limiting our concern to those who died on active service, for one side only, seems increasingly unsatisfactory from an ethical and philosophical perspective. As weapons have become more effective, and hugely more consequential, war has increasingly become ‘total’ in its design and intent. Its impacts, and concomitant costs, economic, psychological, social and existential, increasingly extend beyond our limited ideologically shaped conceptual constructs.

 

There are at least two reasons for extending our purview.

 

First, it is increasingly apparent that the rationale for going to war is rarely straightforward, and is most often highly problematic. Nation states have become expert in devising and promoting rationales for considering war in terms of ‘defence’ or ‘justified interventions’, or as HG Wells famously argued in relation to the First World War, as ‘The war that will end war’. Yet in most if not all cases, wars arise because alternative policy options have not been adequately considered let alone taken, and invariably lead to extraordinary adversity and societal pain for all state and non-state protagonists.

 

Second, war in today’s world is never limited to combatants, and indeed, it is clear that its adverse impacts increasingly fall on non-combatants. Moreover, those impacts are potentially long-lasting both in their physical ramifications on the environment and climate, and on the lives of human beings wherever they reside on the planet.

 

It strikes me that it is time to re-assess the ideological underpinnings that support ANZAC day (and its ancillary institutions such as the Australian War Memorial).

 

For my part (and I am speaking only for myself here), limiting our concern to those who actively participate in war or preparing for war, and ignoring the impacts on non-combatants, seems increasingly less defensible. Today seems an appropriate day to remember the lives of the millions of lives lost in wars over the past century, whatever their nationality, their ethnicity, their religious faith, or indeed their ideological concerns. At its core human life is sacred and demands intelligent respect.

 

Seven years ago, I published a short post remembering the service of a Gallipoli veteran I met in Farina in South Australia in around 1974 named Ben Murray (link here). I often think of him on Anzac Day, and recommend the post and its hyperlinks to readers.

 

Today however, I wish to remember the lives of the innocent non-combatant Yiiji speaking people executed by a police party in June and July 1926 (97 years ago) at a number of locations to the west of the Forrest River Mission in the East Kimberley (link here). Much has been written about these events (too much for me to critically assess here), and the actual numbers of individuals summarily executed is indeterminate. A  Royal Commission which reported in 1927, found at least 11 people had been executed, and there are credible suggestions that the number was significantly higher.

 

A recent book by Kate Auty (O’Leary of the Underworld: the untold story of the Forrest River Massacre link here) and an earlier 2004 article in the journal Aboriginal History (Patrick Bernard O’Leary and the Forrest River massacres, Western Australia link here) make a persuasive argument that notes that the police party largely comprised former members of the Light Horse Brigades who had served at Gallipoli. Auty argues that at least one motivation was to revenge the death of a former comrade in arms named Hay who was a part owner of a block called Nulla Nulla south of the Forrest River mission. Hay was speared following an altercation with an Aboriginal man named Lumbia who he had shot with a revolver while on horseback. If Auty is correct, then their war service drew them together, and Auty argues, their perceptions of poor treatment by Government afterwards left them bitter and damaged, with appalling consequences for the Aboriginal people of the area near the Forrest River mission.

 

While the myriad issues thrown up by the Royal Commission that followed will never be determined with any certainty, what is clear is that the police party, comprising former soldiers with experience of war took with them over 500 rounds of ammunition. This patrol was just one of numerous similar police patrols that had taken place in the East Kimberley since the arrival of the pastoral industry in the 1880s. Take a moment to imagine the psychological impact on the traditional owners of the country involved. It was a dynamic that had been widely replicated across the continent since the early 1800s.

 

Without entering into the debate regarding whether Aboriginal people resisted the invasion of their countries, who can know or account for the distress, pain and suffering visited upon the Aboriginal men, women and children who were innocent bystanders to a process with implications and consequences truly beyond their comprehension, their world turned upside down.

 

Lest we forget.


[This post has been edited to correct two minor factual errors]

 

 

 

 

 

Friday 21 April 2023

Transparency and the Voice: a submission to the Joint Select Committee

                                                             Look like the innocent flower, 

but be the serpent under ’t.

Macbeth, Act One, scene five

 

I will wear my heart upon my sleeve 
for daws to peck at.

Othello, Act One, scene one

 

The Parliament has established a Joint Select Committee (link here) to examine the provisions of the Bill titled Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (link here). The Committee is presently considering submissions from interested parties before finalising its report to the Parliament, which is due by 15 May 2023.

 

On 12 April, I contributed a submission indicating my extremely strong support for the Voice, but proposing a minor amendment to the proposed section 129 (ii). The effect of my proposal would be to require representations by the Voice to both the Parliament and the Executive Government to be in the public domain. The bulk of my submission presents a detailed rationale for my proposal.

 

The conclusion of my submission serves as a useful summary of the arguments I have made to the Committee, and I reproduce that summary below:

I have identified seven key reasons in support of incorporating a transparency requirement into the constitutionally enshrined remit of the proposed Voice:

·       Advocating for policy reform is best achieved by building a network of mobilised stakeholders which will inevitable need to extend beyond First Peoples to ensure reforms are robust;

·       In the context of confidential and secret policy development processes within the Executive, the Voice will be structurally weaker than competing special interests;

·       The Executive Government will have an incentive to seek to co-opt the Voice and its members, leading to policy outcomes that are not in the public interest, and this will be facilitated by secret engagement and discussions;

·       Public support for the Voice will be essential to its long term effectiveness, and this is most likely to flow from public representations and advocacy rather than secret engagement with the Executive;

·       Transparency and accountability are core democratic principles, and should be embedded within the Voice’s constitutionally enshrined remit;

·       Counter-intuitively, a requirement for public representations by the Voice will force the Executive Government to be more democratic than it would otherwise be, but will not disincentivise engagement by the Executive; and

·       Requiring the Voice to make representations in the public domain will not preclude other Indigenous peak bodies and advocacy groups from engaging confidentially with the Executive if this is seen as necessary or desirable.

Transparency is essentially a binary issue, that is, the Voice is either fully transparent, or its transparency will be vulnerable to progressive degradation.

The best way to ensure full transparency and thus maximise the Voice’s effectiveness as an advocate for First Peoples over the long term is to include a requirement within the proposed amendment to the Constitution for the representations of the Voice to be public.

 

I recommend interested readers read the full submission as it provides a detailed and referenced argument in favour of what many may take to be an unnecessary constraint upon the powers of the Voice. While my proposal appears to be such a constraint, it is in fact a much more significant constraint on the power of government over the long term to use secret dealings to shape and ultimately undermine the force of First Peoples’ advocacy.

 

The submission is available on the Joint Select Committee’s webpage (link here), and is listed as submission 65.

 

For those interested, listed below are links to previous posts on this blog and one academic publication that address aspects of the processes leading to the Voice proposal:

 

https://refragabledelusions.blogspot.com/2022/11/mitigating-embedded-contradictions.html

https://refragabledelusions.blogspot.com/2022/06/an-innovative-design-idea-for.html

https://refragabledelusions.blogspot.com/2021/02/an-indigenous-voice-two-make-or-break.html  

https://www.blogger.com/blog/post/edit/2569477019586958075/2926273130244404688

https://www.blogger.com/blog/post/edit/2569477019586958075/676203355330052323

https://www.blogger.com/blog/post/edit/2569477019586958075/6561642021255341344

See also this CAEPR DP, particularly at pages 19 to 22: https://caepr.cass.anu.edu.au/research/publications/codesign-indigenous-policy-domain-risks-and-opportunities