Noel Pearson, allegedly, made it legitimate for white politicians to finally take some action on the national emergency of Indigenous child abuse. His (or the Cape York Institute’s) massive proposal [pdf] for controversial, welfare “reform” experiments as a solution to problems in remote Indigenous communities came after the Little Children are Sacred report [pdf] and before the Federal Government “crackdown.” There is much excellent discussion of these from and at s0metim3s and WP including the somewhat sidelined death in custody decision. However, before sides are wedged open by what Kim from Larvatus Prodeo has called Tampa 2007, it is important to examine the ambiguities and silences of this interstitial document.
(BEFORE I get down to it, I just want to acknowledge that what follows has been influenced by discussions over the last 36 hours with Elaine Kelly & Maria Giannacopoulos. We don’t seem to agree but their thoughts have become heavily entangled in my own.)
AT its heart I think the CYI’s From Hand Out to Hand Up [FHOHU] is a troubling pragmatic movement towards Indigenous community self-determination. Following the Cape York Agenda [pdf] its logic is premised on the idea that Cape York is a space that lacks social normalcy:
Mainstream Australia has social order, maintained through both visible (law
enforcement, neighbourhood watch groups &c) and invisible (social norms that act
upon and influence individual behaviour) means. These ensure that in mainstream
Australia, bad behaviour has consequences. In contrast, Cape York is operating at a
social order deficit, largely due to breakdown of social norms.
In other words, Cape York is not only severely disadvantaged, but is also
dysfunctional. Indeed, our social life has declined even as our material circumstances
have improved greatly since we gained citizenship. As well as poverty, we suffer from
passivity and addiction, compounding historical losses to lead to social disorder.
In light of this lack the CYI aims to build social norms in Indigenous communities. What distinguishes the proposed experiments from the Government’s declaration of emergency is that it seeks to ground this in some mode of community autonomy, rather than external [militarised] intervention.
WHAT Rex Wild and Pat Anderson wrote into the Sacred Little Children report was an account of suffering, a plea for response. As Lindsay Murdoch covers it:
“Our cry is for help,” Theodora Narndu, one of the most respected elders, told me one sweltering evening as she sat on the lawn of her house where she sleeps on the kitchen floor because there is no room in the bedrooms.
“Seeing what is happening, my tears are never dry. I hear the screams at night, terrified women and children. It has never been like this before. Our kids are not safe.”
People who have spent time in remote indigenous communities were not surprised by the findings of the territory’s inquiry, which found rampant sexual abuse in every community it visited, with victims as young as three.
Offenders were often non-indigenous men.
The inquiry’s authors, Pat Anderson and Rex Wild, QC, did not present their findings as new. But in a 316-page report they painted a disturbing picture of failed policies and made 97 recommendations.
“It’s time to cut the bullshit,” Ms Anderson said.
“Our children are suffering from one end of the Northern Territory to the other.”
This is in many ways precisely mirrors the diagnosis contained in the CYI proposal, where the absence of social norms have suspended the possibility a way-of-life. But as both the report and proposal indicate this is not an inarticulate howl for salvation from suffering, and to read them as such is precisely to reinscribe the paralysis the documents seek to undo. The government’s declaration of emergency makes the call passive and mandates external force as the only possible panacea. Perhaps both sets of Authors under estimated the extent to which humanitarianism to spaces
AS Marr points out this is precisely what is signaled in the focus on the Northern Territory as the locus for a “national emergency”, its legal non-state status marks it as a space open to direct federal administration:
DARWIN can do nothing to stop this. Canberra has all the authority it needs to sweep away Northern Territory laws. There are neither constitutional nor political barriers for John Howard, the greatest centraliser in the federation’s history, to roll back decades of Aboriginal policy in the territory.
There is no question that the federal government is using this “genuine response” to roll back any form of Indigenous self-determination of both law (as Marr highlights) and territory [mp3], which Howard seems to be internationally against. In short the genuine equates to recolonisation of the internal postcolony. A recolonialisation that internalises the militarised frontier with the promissory note of erasing it. In the words of Fanon:
The colonial world is a world cut in two. The dividing line, the frontiers are shown by barracks and police stations. In the colonies it is the policeman and the soldier who are the official, instituted go-betweens, the spokesman of the settler and his rule of oppression. In capitalist societies the educational system, whether lay or clerical, the structure of moral reflexes handed down from father to son… In the capitilist countries a multitude of moral teachers, counsellors and ‘bewilderers’ separate the exploited from those in power. In the colonial countries, on the contrary, the policeman and the soldier, by their immediate presence and their frequent and direct action maintain contact with the native and advise him by means of rifle-butts and napalm not to budge.
Here and now we can hope that the rifle-butts and napalm is enormously overblown rhetoric. Particularly as the internal direction of this colonisation, beyond just location, to save the sacred little children would seem to be a shield against such egregious methods. However even bearing in mind the government’s aim of protecting the apparently non-superfluous bodies of indigenous children, not to imagine the effects of warfare given the lack of infrastructure, labour and training to implement any part of the government’s emergency plan is simply ingenuous.
BEFORE looking at the differences between this government’s response and the proposals of the CYI I want to emphasise what they have in common. They both aim at the end of postcolony. The promise of national territorial and populational integrity through a uniform and ahistorical space of, as s0metim3s puts it, contract. There are innumerable reasons to be against this onto-theological program. But those who support the imperative of contract - that the participation in the national economy and system of justice even if it remains massively racist is infinitely preferable to the current plight of remote Indigenous communities - need to pay close attention to the vastly different modalities of the CYI and the federal government.
THERE is no other way to read FHOHU than as a document operating at the limit of what can be said as policy in this moment. With carefully blank irony it proclaims the end of discimination against Aboriginals:
The belated recognition of full citizenship brought equal rights, freedom from
discrimination and entitlement to welfare. Three policy shifts at the end of the 1960s and in
the early 1970s were unavoidable consequences of the end of discrimination:
• The introduction of equal wages in 1965 resulted in Aboriginal stock-workers losing
employment in the cattle industry and shifting to sedentary life in settlements and on
the fringes of country towns. This corresponded with a more general downturn in
Indigenous employment in many other rural industries…
At each turn the proposal names its direction as a move away from the historical markings of wrongs to a pragmatic reforms to solve ongoing conditions:
The most important insight for designing solutions to Indigenous social and economic
problems is this: we must distinguish between historical explanation and policy
prescription in the light of such explanation. It is one thing to have a greater understanding
and explanation of the reasons for certain problems in the present, but the explanation and
the greater understanding it provides does not by itself confer or suggest a solution. There
may be a history behind a problem, but illumination is not by itself a solution. We will still
need to deal with dysfunction and poverty as behaviours, as much as we seek to tackle
those structural dimensions that can be reformed.
In summary, history matters because it has built the present, but all that can be remedied of the past is in present effects and treatment must normalise the contemporary behaviour of individuals for future prevention. The present-future that it takes up is the hope of a liberal participation in a generative and meritocratic economy. The past-present that it seeks to disrupt is one where colonial power was ended with the problematic dependencies of explicit charity.
THE proposal designates the past-present problems as auto-catalytic epidemics - self-perpetuating externally-sourced diseases affecting a people. (I have a bunch of drafts on epidemy (epi + dēmos) as the prehistory and current expression of biopolitics, which can wait, but be warned it may convolute what I am trying to say here.) That is, there is a fundamental difference between the way CYI is trying to name the problem and the media repetition of Mal Brough’s statements about the ‘endemic’ crisis of child abuse. The native/foreign, inside/outside, sedimented/caused distinction of the en- vs. epi- traces the dovetailing of responses. While wanting to forgo its policy as a response to history in favour of a response to conditions, FHOHU still sees those conditions as historical. It is part of the history of a people it is trying to cure, with the direct-immediate (although not the only) cause being the system of welfare CYI casts as salve to the conscience of ex-colonialists. While the descriptor of endemic crisis or emergency, which is an epidemiological oxymoron, is the activation of racial crisis. The logic of emergency for modern democracy is a logic of epidemic. To designate something a crisis (autism, HIV [drafts], fatness) you call it an epidemic, something affecting the people, to call something endemic a crisis is exactly to declare an emergency of people. As such the government response is to recreate the colonial space to save the Indigenous people from themselves. In carefully choosing the label auto-catalytic epidemic CYI is trying to target the barriers between Indigenous community and the national circulations of priviliege. To enfold Indigenous communities in the economies of citizenship.
THE key, according to the proposal, is to make the Indigenous communities places where neo-liberal individuals can grow up. This is not the naive idea that keeping a child pure will magically make citizens, as per Howard’s suggestion that childhood can occur through policing and quarantine. Rather it argues that functional citizens are only possible from communities of norms, which are not the spontaneous province of good people, but emerge out of the co-operation of individuals, families, communities with access to a prosperous economy. It’s metaphor of choice is the staircase.

AS such FHOHU locates the instruments of change in re-writing the organisation of community welfare provision through a series of locale based panels forming a statutory authority named the Family Responsibility Commision. This would transform welfare into not just workfare but normfare. That is, the obligations imposed by the provision of funds extend not just to some concept of work, but to the labour of normalising community behaviour. However the proposal repeatedly stresses that the FRC is not merely a body responsible for implementing Centrelink mandated rules for welfare distribution but is invested with decisional authority at the local level to negotiate management of this economy. Additionally, by structuring the FRC locally the proposal seeks to remunerate local labour for the administration of this economy and fostering of norms, which is dramatically different to the deployment of external institutions and work currently proposed by the Howard government for the Northern Territory.
I have problems with what Pearson is proposing, I originally started this analysis, before yesterday, in order to critique the logic of norm, epidemic, ahistory and choice that lie at its heart. However, I think its creation of ambiguous spaces for negotiation is a more open initiative than the emergency response of recolony. Those parties and institutions, such as the “Opposition” [vid] and the AMA, that are endorsing response for the sake of response, however fucking cautious, need to step off and think about exactly what is entailed in sending a peace-keeping force to the Northern Territory.
UPDATE: More Documents.
13 Comments
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I’ve been sitting down today wondering how to write about this stuff, or write about it some more - if only to shake out a headache, frustration, anger. So, I’ll ramble here for a little …
I think your note of a shift from workfare to normfare is a really good one. And it very much is about the creation of a neo-liberal subject - or contracting subject. But - and here is what I’m trying to think on some more - I’m not so sure there’s such a great distance between the sociological/normative inclinations of Pearson’s agenda and that of the declaration of the exception (or recolonisation). I might be reading you wrong, so correct me if I am.
But the habituation - the imposition of the norm - can’t happen without the violent (re)colonisation. And, in any case, these ambiguous spaces for negotiation are better read as moments of filtering - between, say, those who will submit to the suspension of communal land titles and those who will not. Which, I guess, is another way of talking about the relation between law-making and law-preserving violence (as Benjamin might), or the process by which people become habituated to the state’s monopoly on violence as the norm. (The latter is why the death of Mulrunji Doomadgee is, I think, significant - not to mention TJ Hickey and all those others who have died in prisons. It’s important to not identify with the hypocrisy of the state in these times.)
It’s interesting to note, though, the differences between Pearson and the declared state of exception approach on the issue of remuneration, incomes, etc. It seems pretty clear that this massive show of indignation by the Government is perhaps the cheapest of responses one could have imagined. I hear that CDEP (workfare) recipients are the ones supposed to staff a child abuse reporting service. Amazing.
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Hmm… No you’re not reading me wrong, I am trying to suggest that there is a difference between Pearson’s normativising project and recolony. I guess what I had in mind is the difference between what one might think of as the internal border, the policing of which always bears the literal trace and casualties of structural violence. And something more like the internalisation of the external border. So on one hand you have the border as contract where, as you say, each side is more or less equivalent and between lies the frontier inhabited by transients and superfluity. While on the other you have the border between the state and nature/war.
There is not a great distance between the state agglomerating goals of either project, and prehaps that’s the interminable danger of playing a dialectic. But in the strained language of Pearson’s document, its hypocrisy if you like, there are gaps that leave space for non-state politics. This is what I was trying to highlight in noting that Pearson wants to endow decision in the communal management of the FRC. Its not a straightforwarrd Black and Tans move, because it is not setting up the mere administering or policing of colonial law. The point as I am reading it is that the FR-panels are not depoliticised box tickers for centrelink rules, but disgressionary bodies, albeit limited ones.
The document’s biggest hipocrisy is that it wants to tell a story about social norms emerging from the values of the communities themselves, that are then merely support by appropriately designed juridico-commercial structure. But what the norms should be are already explicit in the proposal (mainstream education, existing laws, approbation of drink etc.). So it is the imposition of THE norm rather than what it seems to suggest at certain times as norms that emerge from being-together. Again this is hardly surprising given that it is a (i think) 3 million dollar document for Federal and Queensland government. But this is the problem of the normal, it is always flexing between the universal and what happens to be prevalent (epi-demos). Yet precisely because of this embiguity it takes incredible structural pressure to keep it straight. So, again in the localisation of the structure, in the channeling of the funding there is sometimes space for something else.
What I am suggesting is that the Howard government’s reinstituting the literal colonial space eliminates even the precarity of the norm. He wants to send doctors, and the AMA is acquiescing, to routinely inspect the bodies of 23,000 under-16’s for signs of sexual abuse (among other things). Which if you think about the communal antagonism of this intervention, means that doctors will be travelling rounding giving forcible (the free compulsory language is despicable) genital and anal inspections to these people. What in the hell are they going to do when they find teenagers who show signs of having had sex? Without community co-operation its going to mean interrogations and custody of all kin each time. There is not a great distance, but I guess I am trying to split degrees of horror.
Particularly as given the militarisation of Howard’s proposal and the ambiguous abolition of the “permit” system I can see the precise parallels of Tampa, where the Liberal government will try to lockdown all coverage of this occupation through media exclusion upto the election.
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I’m not saying that they’re of a piece, but that the one acts as a filter in relation to, or for, the other. I guess the point I’m at in thinking through the contract stuff, and this is in the draft chapter on the contract if I recall right - and why I wanted to spend some time on what Benjamin refers to as “the demonic ambiguity” of the border where each side is ostensibly equal - is how this ambiguity works out given that (as he cites) both rich and poor are forbidden to sleep under bridges.
They won’t, for instance, be detained so as to do those examinations - they’ll be refused welfare payments or have them cut. Most of it will turn around the individuated self-management of compliance and not so much community co-operation - and the violence of the recolonisation will supplement this.
I guess I do think the difference between border and frontier is a dialectical one, and so a kind of false choice. (Which reminds me that I have a very overdue piece on the frontier to write.) But I think this means less that there is scope for a tactical or strategic manoeuvring between the ‘two poles’ than that it enables some ‘tactical’ movement for very few, and usually on an individuated (and individuating) basis. The frontier, I think, is very much about individuation.
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Strange, I am critiquing Pearson in my offline convos and seem to wind up defending him here. (Don’t structure a post navigating a topic as though there are two alternatives). I take your point about the way the Pearson’s normativity acts as a filter for between, say, immediate and indirect subjection to violence. I think there are better spaces and cracks to slip in within this structure, but there is no ‘but’ coming. The part of the proposal I didn’t discuss, was a tying of the normfare management not just to law, health and education but also proprietorial norms (tenancy). Page 63, if you’re interested. I think the agenda of both policies is property and territory, with the globe and mail’s report of Howard last year influencing Canada’s stance on the basis of military access to land and existing land contracts says alot (oh I’ve just noticed this article has gone behind a paywall - I wonder if I have a copy?).
I’ll have to read critique of violence properly I’m not sure that Benjamin is right (or I miss his wit) to cite the satirical idea that both poor and rich are forbidden to sleep under bridges. While I agree, with what i assume is his point, that while the poor might need to sleep under a bridge the rich have no such imperative so equal law perpetuates priviliege. I’m not sure the law is ever equally enforced. I think I get what he is saying there about retribution as the breaching of an unwritten law (or norm), but it seems that also in point of fact the rich, even if found may not be moved on from under bridge, precisely because they have else where they could be. In particular I’m thinking of the laws against vagrancy from the 19th century that coincided with official tourism, to precisely regulate the transience of the poor.
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Well, I don’t hear those offline conversations - but I’d like to know what/where the arguments were.
I’m assuming you’ve seen the interview with Pearson on the 7:30 Report - his slip of the tongue (’convicted’ for ‘convinced’) was quite something.
And yes, the tenancy - land titles, etc - stuff is actually the principal point of the exercise; or the one that will endure. Mortgages and debt servitude as forms of discipline. Thanks for the page ref, btw.
Benjamin’s broader point I think is about the way attempts to impose an abstract equality in law serve to produce (and sustain) concrete inequalities in life - or, for that matter, in the way the law is enforced, as you note. One could cite the law against public drunkeness as an example, particularly insofar as people who have more money are less likely to be drunk in public places, like parks, the gardens of public housing, etc.
And methinks the likely consequence of imposing debt servitude in this instance will be the progressive transfer of native title over to whatever institution the debt will be to - leaving aside the small proportion of those who can service the debt, hold the lease, etc.
Anyway, back to writing …
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Thanks for this post. It’s difficult to know — has been difficult to know for a long time, in fact — how to think about Noel Pearson’s interventions into indigenous policy. As you show, perhaps the way to think about that stuff is not through the lense of the media, in which Pearson is always overdetermined as the only recognisable Indigenous Authority and as a personality (I guess I’m talking about the charismatic, slightly theological way he has of doing interviews here) but in terms of CYF documents, the complexity of the text.
Another possible take on the Family Responsibilities Commission suggestion is that it imagines the arbitrary political flows internal to indigenous ‘communities’ as the modulating force capable of policing what you’re calling normfare. Ie, less of a way to imagine some kind of ‘independence’ or ‘autonomy’ than a means to internalise the violences of rule-making within the fabric of local sociality. (Or maybe it’s both at the same time.) Even though it comes from the CYF, and not the government in this case, there are parallels here to how governments have been using the chaotic divisions within indigenous communities (family feuds, splits) to negotiate land use for waste dumps, uranium mining etc. I find that scary. Well, I was finding that scary until the news about ’save the children’ broke, and discovered a whole new level of scary.
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This puts it well.
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s0metim3s, I didn’t actually watch, only read, that Pearson interview and was half wondering whose slip that was. The main thrust of what I was saying elsewhere (I don’t want to speak for others) was: Pearson in assuming norms as transparent (but missing) things, continues to split norm/dysfunction along cultural and racial lines. So everything wholesome, the way he draws it, exactly aligns with white myths of national law, institutions and culture. And thereby, precisely because he sets up a history/policy binary he can’t follow the continual logic of dispossession, the withdrawal of land and familiar figues of identities and the substition of a foreign taxonomy, which his solution perpetuates. In some respects even 1965-7 follows this formula.
Thanks for the parsing of Benjamin, after some sleep it makes very clear sense. I’m not sure why my inclination was to separate the conditions of law from its practice. That Phillips piece is excellent, I’ll have to track down his work.
Excuse me if I take some time to digest your draft.
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Az, the parallels you take up with ‘independence’, ‘autonomy’ and an internalisation of the violences of rule-making localities are important ones. I get that Autonomy in protocol documents like “consideration” in contract law is usually about solidifying a particular arrangement of power or authority, in the name of protecting an arbitrary set of preferences (which subsequently become natural and fixed). But pursuing that critique of autonomy, or the self-possession understanding of it anyways, makes me wonder if that means it is impossible to write Indigenous self-determination in any document except precisely as another nation.
So, the best outcome becomes some Terry Dowling-esque idea of handing sovereignty and territory to the Indigenous peoples and that territory becomes a scarce and valuable commodity for some future-tech reason. Which interestingly enough appears to be at least part of the fear motivating Howard.
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The slip was in the interview I watched. And I think that’s right about the parallels of norm/abnormal.
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Thanks for the link, and keep up the great blog.
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hey im part of a group scar, safer communities are rasical, we are putting togeter a bunch of responses to the tampa2007 bullshit as a zine, i was wonderibg if we could re publish some of yr post
thanks!
x jackson
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Hey jackson,
‘course, as you like. It would be great if you could forward or link whatever you put together.