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April 22, 2005
“Y’know, I can remember we used to just talk lingo.
[In the Home] they used to tell us not to talk that language, that it’s devil’s
language. And they’d wash our mouths with soap. We sorta had to sit down with
Bible language all the time. So it sorta wiped out all our language that we
knew.”
—Testimony of an Aboriginal woman forcibly removed from her
parents and placed at Umewarra Mission, from the Australian Human
Rights Commission’s “National Inquiry into the Separation of Aboriginal and
Torres Strait Islander Children from their Families.”
Those sitting in the halls of the academy or human rights institutions may
find it difficult to define “the right to culture” in pithy terms, but
indigenous Australians know what it is all too well. Having been brutally
violated by the post-colonial Australian state, the right to culture is no great
mystery to the thousands of Aboriginal adults currently living in Australia who
have not walked over their ancestral lands, cannot tell their people’s stories
or sing their songs, cannot speak their native tongue, and do not know the face
of their own mother. As one Aboriginal woman of the “stolen generation” (as they
have come to be known) told the National Inquiry: “I got told my Aboriginality
when I got whipped and they’d say, ‘You Abo, you nigger.’ That was the only time
I got told my Aboriginality.”
We can begin to capture the meaning of a right to culture by tracing the
spaces where cultural identity has been hollowed out. Aboriginal Australians,
who today are deftly using the resources of international and domestic law, the
media, and the economic marketplace to regain their cultural rights, conduct
their fight against an historical background of systematic state-sponsored
abuse. For the first seventy-plus years of the twentieth century, eradicating
Aboriginal culture, more benignly known as “assimilation,” was Australian
government policy. Paul Hasluck, the most infamous Minister for Native Affairs,
summarized the policy when he wrote in the early 1950s: “Assimilation means, in
practical terms, that, in the course of time, it is expected that all persons of
aboriginal [sic] blood or mixed blood in Australia will live like other white
Australians do.”
Like culture itself, this policy of cultural eradication did not exist as
some abstract set of ideas but was played out on the bodies of Aboriginal
people, and most powerfully the bodies of Aboriginal children. Australian policy
makers, like their U.S. and Canadian counterparts, recognized that the life of a
culture depends on its transmission across generations. As such, breaking the
connection between parents (and communities) and children was the shortest route
to killing their culture. While records are imprecise, the Commission’s report
indicates that from 1910 to 1970 between one in three and one in ten Aboriginal
children were forcibly taken from their families, transported across the vast
continent, and placed in state or church run institutions, or with white foster
or adoptive parents. Contact with their original families was forbidden, and
they were often punished for speaking with their siblings in their mother
tongue. Most were not even told that they were Aboriginal.
Aboriginality, either as they lived it in their own bodies or as they saw
it in the relatives seeking them out (but with whom contact was refused), was
the object of derision. As one woman recalled:
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We were playing in the schoolyard and this old black man came to
the fence. I could hear him singing out to me and my sister. I said: ‘Don’t go.
There’s a black man’. And we took off. It was two years ago I found out that was
my grandfather. He came looking for us. I don’t know when I ever stopped being
frightened of Aboriginal people. I don’t know when I realized I was Aboriginal.
It’s been a long hard fight for me. |
That long hard fight, which until recently almost all members of the stolen
generation have waged alone, marks the attempt of the Aboriginal people to
recapture their connection with their cultural identity. Aware now of the world
into which they were born, that their own life had been a node in an intricate
kinship among people, land, animals, plants, celestial bodies, and ancestral
beings, this loss cannot be repaired. And because culture only exists through
the lived experience of actual people, Aboriginal culture has itself been the
victim of this process of removal.
Of course, this was the whole point of the policy. The Australian state,
established as an independent federation in 1901, was constituted on the ground
of other preexisting indigenous nations, which mapped the land with their own
systems of governance, laws, and other forms of social organization. In order to
claim political and legal legitimacy, the post-colonial Australian state had to
adopt the pretence that none of this existed—that the continent was, to use the
legal term, terra nullius, empty land. When Aboriginal people spoke their
languages, passed their land rights down the generations according to indigenous
law, or dealt out legal remedies for breaches of customary law, they were giving
testament to the fiction of the modern state’s claim to absolute sovereignty.
In this sense, the common view that the damage to Aboriginal cultures
(languages, kinships, social relations, land rights, etc.) was the unavoidable
collateral damage caused by the populations of colonial and post-colonial states
simply exercising their cultural preferences, represents a failure to recognize
the cultural implications of assertions of sovereignty. Like the denial of land
rights, the removal of children and all that went with it was one means of
securing the untrammeled political, legal, and economic claims of the
post-colonial Australian state.
Here one can clearly see the intrinsic connection between cultural rights and
the full range of other human rights—civil, political, social, and economic—as
affirmed at the 1993 World
Conference on Human Rights in Vienna. Culture is not a set of optional
practices tacked onto a set of individuals who would otherwise enjoy the full
range of human rights. It is the organizing network within which those rights
are held. For those of us whose cultures have not been systematically
undermined, this intimate link is invisible, or taken for granted. It comes into
relief only when the culture, the sovereign claims, the economic resources, and
the legal rights of a group are simultaneously and inter-dependently violated.
This cultural integrity is of course something that Aboriginal peoples know
from the inside—and not only through violation, but also in the fabric of their
lives. This is the other side of this story: the cultural renaissance that
Aboriginal peoples are creating for themselves, and their reinvigorated claims
for political and economic rights. Just as the removal of children and the
decimation of communities atomized Aboriginal peoples and undermined their
capacity to make more comprehensive claims, so too their reconnection to
community and to the web of culture provides the ground for pressing forward
with such claims. In both domestic and international forums, indigenous peoples
are making a new type of human rights claim—one that goes beyond the dominant
view that culture is a less important right than other rights. Instead, their
cultural rights claim is closely tied into the more substantive rights to land
and material resources, and of course the right that provokes the greatest
hostility from nation states: self determination. It is as though history is
being played in reverse: Asserting the right to indigenous cultures is now
paving the road to the reintegration of viable political and economic
communities, and training the eyes of the international community on the
Aboriginal worlds that lie beneath the map that colonial powers pasted over the
globe.
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