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Sunday, January 21, 2024

Australia Day, 26 January - flying the flag for genocide

Australia Day, 26 January - flying the flag for genocide

by Ranting Panda, 21 January 2024

As Australia Day approaches on 26 January, there is the usual debate raging about the date. 

For many First Nations People it is a day of pain and suffering. It is the date that Captain Arthur Phillip raised the British flag, declaring the land a British colony. The date is not celebrating the establishment of Australia as a nation, but instead is celebrating colonisation, which brought violence, disease, slavery, and genocide to the First Nations population. The date is not one to be celebrated. Who the hell celebrates genocide and colonisation? The date should be changed.

Many other nations celebrate their national day and their national pride on dates in which they were liberated from colonisation. But Australia ... Australia celebrates the day it was colonised. In fact, it's the only country that celebrates its national day on the date it was colonised (Coopes 2023).

If we really want to celebrate the establishment of Australia, then there are other dates. For instance, 1 January 1901 was the date that Australia was formally created as its own nation. It is known as Federation, when the separate six British colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania were unified under one body known as the Commonwealth of Australia. 

Not surprisingly, conservatives who defend the current date, try to justify it in all sorts of ways. For instance, they will argue that those who want to change the date are living in the past and need to let go. Oh, the irony ... as these same conservatives are dying in a ditch to defend a date that celebrates events that occurred more than 200 hundred years ago. Who's living in the past?

The irony of conservatives continues as they carry on about Australia Day being stolen from them while they argue that First Nations People need to get over more than 200 years of theft of life, land and culture. 

There are some who argue that Australia Day does not celebrate the date of colonisation at all, but instead is celebrating the date that the Nationality and Citizenship Act 1948 (Cth) came into effect, which was 26 January 1948. This Act created Australian nationality. However, Australia Day existed before this date and has always been about celebrating the colonising events of 26 January 1788. Australia's parliament chose 26 January 1948 to commence the Nationality and Citizenship Act 1948 specifically because of it coinciding with the date already being held for Australia Day. (AAP Fact Check, 2020). To perpetuate this date as a day of celebration is to perpetuate the celebration of colonisation and genocide. 

As the debate around Australia Day continues, so does the entrenched racism of many non-Indigenous Australians with claims that Australia wasn't invaded, but peacefully settled by the British. Some claim that it could have been worse had it been the Dutch or the Portuguese or the Spaniards who invaded. Except these type of statements white-wash the genocide, massacres, ethnic cleansing, human rights abuses, eugenics and inhumane treatment that the British unleashed on First Nations Peoples.

The British declared the land 'terra nullius', empty land, and then set about systematically claiming the land for themselves while forcibly displacing First Nations Peoples whom they felt were less than human, or at best, were inferior to white people.

Captain Arthur Philip, the first governor of New South Wales, is often portrayed as a philanthropist who befriended the people of the Eora Nation. Philip was initially committed to harmonious relations with First Nations people, however, this didn't last long. Phillip's gamekeeper, John Macintyre was a brutal man who killed dozens of First Nations People. When he got speared by a man named Pemulway, who took exception to Macintyre's brutality, Phillips gave the order to kill six First Nations People in retaliation (Macintyre, 2015).

Contrary to the opinion of some, the 'settlement' or 'colonisation' of Australia was not peaceful. Throughout the 19th century, most white communities considered themselves to be at war with the First Nations people. One coloniser remarked, 'But if ye take their country from them, and they refuse to acknowledge your title to it, ye are at war with them; and, having never allowed your right to call them British subjects, they are justified by the usages of war in taking your property wherever they find it, and in killing you whenever they have an opportunity' (Reynolds, 2000). These wars, of which there were many, have come to be known as the Frontier Wars. If anything gives credence to the claim that this was an invasion, it is the number of wars and massacres that occurred during this time.

Historians have compiled an online map of massacres, with a massacre defined as the killing of more than six people. Between 1788 and 1872 there were approximately 184 massacres, killing an estimated 3,598 First Nations people. The Tasmanian Black War annihilated almost the entire First Nations population of the island (University of Newcastle, n.d.). These massacres do not include the ongoing clashes between settlers and First Nations people where there were fewer than six people killed. Nor did the massacres end in 1872. As late at 1928, massacres were occurring. That year saw the Coniston Massacre in the Northern Territory, in which at least 60 First Nations men, women and children were murdered by police (Sutton, 2013).

The 50th anniversary of colonisation, otherwise known as Foundation Day (the precursor to Australia Day), was held on 26 January 1838. It was marked by a government ordered massacre of around 40 Kamilaroi people at Waterloo Creek. Over the coming weeks, up to 200 more First Nations People were killed. Six months later, the Myall Creek massacre resulted in the murders of 300 First Nations people, many of whom were decapitated and burned by the occupying forces (University of Newcastle, n.d.).

According to former Prime Minister John Howard, 'there was no genocide against Indigenous Australians' (Davidson, 2014). Tell that to Tasmania where almost the entire population was wiped out. Tell it to the thousands of victims of massacres.

Former Prime Minister Tony Abbott, perpetuating the white superiority that Australia was founded on, stated that white 'settlement' was good for Aboriginal people (Thorpe, 2018). Abbott has a long history of racist comments about First Nations People and demonstrating a complete lack of cultural awareness. In 2014, he perpetuated the concept of terra nullius when he stated that when the First Fleet landed, Sydney was nothing but bush. He went on state that from the First Fleet we now have 'one of the most spectacular cities on our globe' (Henderson, 2014). No mention of the exploitation or contribution of First Nations people to Australia's history. Sadly, the colour TVs of modern society came at a high cost. Abbott has ignored the fact that modern Australia was built on the blood, sweat and tears of the First Nations People, who were exploited, raped and murdered at the hands of white settlers.

Colonisation amounted to ethnic cleansing of the land. Much of the First Nations population was forcibly removed and relocated to areas they often had no links with, without recognition of their traditional boundaries, nor of the intricate marriage structures they had in place with neighbouring groups.

It wasn't like the government didn't know what it was doing. For the centenary celebrations to be held on 26 January 1888, then NSW Premier, Henry Parkes, was asked if First Nations people would be included in the festivities. Parkes replied, 'And remind them that we have robbed them?' (Wahlquist & Karp, 2018). Even back then, the centenary celebrations were cause for reflection and criticism because of the date representing the convict past of New South Wales, which some people felt was best not celebrated (Chang, 2017).

Some of the white overlords wanted to 'breed out the coloured population'. Over the years, white people began breeding with First Nations People. Not all of this was consensual. The white settlers often raped the women. It was noted by a number of influential people, such as AO Neville, Western Australia's Chief Protector of Aborigines (an Orwellian misnomer if ever there was one), that Aboriginal people would eventually be bred out, which he articulated in his 1947 book, Australia's Coloured Minority: It's Place in the Community' (Museums Victoria Collections, n.d.). It was common belief that pure-blood First Nations people were of inferior genetic stock and would eventually die out (Eugenics Archives, n.d.).

In what amounted to eugenics, for decades the white overlords controlled who First Nations People married, stole their mixed-blood children and aimed to encourage breeding with white people to 'breed the colour out'. The government claimed that the children were removed because of abuse in their family situations. However, the white idea of abuse was often the perception that pure-blood First Nations people were considered to be inferior to white people and incapable of raising mixed-blood children. Additionally, the government did not want traditional customs to be taught to children. For that matter, they didn't want First Nations people practising their culture at all. One of the aims of forced removal was to teach mixed-blood children the ways of western civilisation (Buti, 2000).

It was common for First Nations females (adults and children) to work as domestic servants in white households, usually only being paid with food and accommodation. Many of them were raped and bashed by their white masters. First Nations men were forced to work on their own lands that had been taken over by the colonisers. The men were also paid with food. From 1897, numerous pieces of legislation  gave the Queensland government power over the wages and savings of First Nations people. Other states had similar legislation. This meant that money earned by First Nations people was held in trust, however, it was rarely, if ever, returned to the people who earned the money (Kidd, 2000). This lasted until 1972, when government control over wages ceased. Even then, First Nations people were still being paid less than non-Indigenous people. Wage equality wasn't finalised until 1986. Since then, there have been numerous legal challenges to recover the money held in trust. In 2002, the Queensland Government created the Indigenous Wages and Savings Reparation Offer, which was capped at $55.6 million. This was only for living workers and was not designed to be paid out to families of deceased workers. In 2004, the New South Wales government apologised for stolen wages. There is a class action underway at the moment regarding stolen wages (Korff, 2018).

Far too many Australians believe that these issues concluded 200 years ago and that First Nations people should just 'get over it'. However, more than two centuries of government policy and social prejudice have formalised institutions that still exploit and abuse Aboriginal and Torres Strait Islander people to this day. They are over-represented in the court systems, often being arrested for crimes white people will never be arrested for. They are over-represented in deaths in custody. They suffer with sub-standard health care and education. Why should First Nations People be required to forget the sacrifices that their people made and the horrors that they endured? Australia remembers historical events on Anzac Day and Remembrance Day. Most countries remember significant wars and battles, so why shouldn't Australia commemorate the Frontier Wars and honour the sacrifice of the First Nations People? No-one would tell Jews to get over the holocaust. Why should Australia's First Nations people 'get over' the genocide that they suffered? Besides, there's a difference between getting over something and remembrance. Some Jews have moved on from the holocaust, some haven't; but either way they still remember and commemorate it. Some Australians have not yet gotten over the cruelty of the Japanese in World War II. This was evidenced during the 2003 Rugby World Cup, when Townsville embraced the games played by Japan. Some locals were horrified that other locals were carrying Japanese flags and wearing Japanese jerseys. Either way, the city remembered and commemorated the anniversary of Battle of the Coral Sea and other events from the War in the Pacific. 'Getting over it' doesn't mean forgetting it or that there can be no remembrance or commemoration. 

As a way of celebrating Australia Day 2018, the Liberal Party in Victoria (then sitting in opposition), promised to ditch the cross-curriculum priorities of teaching students about Aboriginal and Torres Strait Islander histories in favour of teaching 'Australian values' and ... wait for it ... the Orwellian-titled 'principles of Western enlightenment' (SBS News, 2018). We've seen the Australian values that the extreme right-wing of the Liberal Party embrace: genocide, ethnic cleansing, racial purity, racism, xenophobia.

Contrast this with New South Wales, where the Labor Party (also then in opposition) promised to sign a Treaty with First Nations people which would recognise the historic wrongs of the past (Wahlquist, 2018b).

Australia Day has become a battle-ground between nationalist white Australians who feel First Nations people should just get over it, and those people who see it as Invasion Day, signifying the beginning of colonisation. Of course, there are Aussies who are not at either end of the spectrum, who are just happy to celebrate being Australian. A recent study found that most Australians don't care what day Australia Day is held (Gartrell, 2018). There are also First Nations People who are not in favour of moving Australia Day, while some are. However, most First Nations People, whether they want to move Australia Day or not, are in agreement on the need for acknowledgement and recognition of the atrocities their people have suffered, and continue to suffer. It is this lack of recognition that is one of the most hurtful issues.

Institutionalised racism perpetuates the argument over the date for Australia Day. In 2018, an article tried to argue that Australia wasn't invaded because if it was, then Native Title wouldn't apply. This is because United Nations Resolution 3314, the 'Right of Conquest', doesn't consider the descendants of the conquered and the conquerors as being two separate peoples if they are both equal under the law prior to World War II (Sufi, 2018). This article ignores the plain fact that First Nations people were not equal under the law prior to World War II. It completely glosses over, in fact ignores, the massacres and genocide, the ethnic cleansing, the eugenics, the institutionalised racism. This article argued semantics while ignoring dispossession. Further, Resolution 3314 specifically is discussing aggression between States. One could hardly argue that the First Nations People constituted a State, as there were hundreds of separate nations, no formal government and no head of state. Further, Article 7 of this Resolution states:

Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien dominationnor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.
(United Nations General Assembly, n.d.).

Sadly, people swallowed the 2018 article and shared it across social media, as though it completely shot down any claim of Australia's genocidal past. It is pure ignorance and empowers far too many people to continue the lack of recognition or understanding of the impact of colonisation on First Nations people.

The Australia Day holiday hasn't always been held on 26 January. Other dates included 24 May, which was introduced in 1905 as Empire Day and happened to be Queen Victoria's birthday. In 1915, Australia Day was held on 30 July. The Australian Natives Association lobbied for years for Australia Day to be held on 26 January. Don't get too excited about the name of this association, it was not an association of First Nations people. It was an association of white men with the aim to provide medical, sickness and funeral benefits to people born in Australia of European descent. The Association lobbied for federation, which was achieved in 1901. In the 1930s, it lobbied for 26 January being recognised as Australia Day. In 1935, this was achieved when all states agreed on the date. It wasn't until the 1940s that Australia Day was formalised as a national holiday. However, prior to 1994, the holiday was usually held on the nearest Monday to 26 January so that Australians could enjoy a long weekend. 26 January has been a day of controversy for First Nations People, a day that marks the invasion of their land, genocide, displacement, disadvantage, inequality and ongoing racism.

Protests against 26 January are not new. On 26 January 1938, the 150th anniversary of the arrival of the First Fleet, First Nations leaders met in Sydney for a Day of Mourning to protest the displacement and abuse that they had suffered since 1788 (Darian-Smith, 2017).

Meanwhile, the government showed how inclusive 1938's Australia Day was by forcing 25 First Nations people from Menindee Mission in far west NSW to perform in a re-enactment of the First Fleet. They were to play the part of retreating First Nations people and were told that their families would starve if they didn't do it (Volkofsky, 2018).

A variety of dates have been used for Australia Day (Chang, 2017)


The attitudes of two former Prime Ministers, Tony Abbott and John Howard, show that Australia has a long way to go in overcoming centuries of racism. Both of these men, by the way, claim to be Christians, defending Christian values. Apparently, ignoring genocide and institutionalised racism fits well with their version of Christianity.

Telling First Nations people to 'move on' because this 'happened 200 years ago', clearly shows that the same attitudes of 200 years ago still prevail in sections of the white community. Perhaps it is they who need to move on from their racist and ignorant views and accept that it is their very attitudes and approach to First Nations issues that are perpetuating the inequality First Nations People experience to this day.

For three days in May 2017, First Nations leaders from around the country met at Uluru to discuss whether a constitutional change was required to recognise First Nations People. This followed six months of consultations with First Nations people across the country. At the end of the three day summit, the leaders presented the Uluru Statement from the Heart, which included a recommendation to establish a permanent First Nations body in federal parliament enshrined in the Constitution. This was a lengthy and democratic process that culminated in a pragmatic consensus of First Nations leaders and representatives. Yet the federal government rejected it. Prime Minister Turnbull said no. He said no to the wishes of the majority of our First Nations people (Brennan, 2017).

In 2023, then Prime Minister, Anthony Albanese (Labor), held a referendum to amend the Constitution to provide for a Voice to Parliament for First Nations People. The Liberal Party and various conservative groups embarked on a fear-mongering campaign to defeat the proposal. After more than 200 years, First Nations People are still not being listened to ... and the centuries-old racist views still prevail in many areas of modern Australian society. 

Australia Day has been subject to a white-washing of history. It is not a 'black arm-band' view of history to tell the truth about what happened and is still happening to this day. It is about recognition and honesty. Truth-telling is exceptionally important for reconciliation.

Move Australia Day to a day that is not linked to the bloodshed and dispossession of First Nations People. Choose a day that is less divisive and doesn't represent the invasion of this land.

While some First Nations People want it to stay on 26 January, two quotes by First Nations people explain why it should be moved (Wahlquist, 2018a):

Karen Mundine, chief executive of Reconciliation Australia, stated, 'Asking Indigenous people to celebrate on January 26 is like asking them to dance on their ancestors' graves'.

Richard Weston of the Healing Foundation states, 'For most Aboriginal and Torres Strait Islanders, January 26th is a reminder of the pain and loss caused by 230 years of dispossession, dislocation and mistreatment. It is impossible to celebrate when it brings to mind the deep hurt borne by our ancestors and how that suffering continues to impact us today'.

Of course, another solution could be to have a day of recognition for Aboriginal and Torres Strait Islander peoples. The Australian Capital Territory has announced that 28 May 2018 will be the first Reconciliation Day public holiday. Each year the holiday will be held on the Monday on or immediately after 27 May (Public Holidays, n.d.), which is the anniversary of the 1967 referendum in which Australians voted to amend the Constitution to allow First Nations people to be counted in the census and to access better services (State Library of Victoria, n.d.)

There are better dates that can be selected for Australia Day.

  • 1 January - Australia only became Australia on 1 January 1901 when the state colonies federated into one nation.
  • 13 February - the date in 2008, when Prime Minister Kevin Rudd apologised to the Stolen Generations.
  • 20 March - the date in 1913, that Canberra was selected as the Australian capital city.
  • 9 May - Australia's Federal Parliament was first opened on this date in 1901. It was the day that Australia's newly proclaimed Constitution truly took effect, with the new Parliament operating under it (Ketchell, 2023).
  • 11 April - the date in 1973 that the White Australia policy (Immigration Restriction Act 1901) was abolished and replaced with the Migration Act 1973.
  • 19 April - the date in 1984, when Advance Australia Fair was proclaimed as the Australian national anthem. The National Australia Day Committee recommended that the song be reduced to two verses and have modifications to the lyrics, as they still sung about England. The lyrics of the first two verses that have been adopted, now talk of the multicultural nature of Australia. 
  • 27 May - the date of the 1967 referendum that resulted in Australia's First Nations people being granted Constitutional rights, including the right to vote and to be included in the census.
  • 3 June - the date of the Mabo decision in 1992 that overturned the colonial concept of terra nullius and recognised land rights for First Nations people. 
  • 9 July - the date in 1901 that Queen Victoria consented to the Constitution of Australia
  • 17 September - the date in 1900 that the Commonwealth of Australia was proclaimed.
  • 3 December - the date in 1854 of the Eureka Stockade being attacked by British forces, while the locals fought for their liberty. Incidentally, the Southern Cross flag flown at the Eureka Stockade has since been appropriated by nationalists as a flag for white Australia, however, on 30 November 1854, Rafael Carboni, a writer in Ballarat described the real purpose of the Southern Cross flag, when he wrote: 'Irrespective of nationality, religion and colour, I call on you to salute the 'Southern Cross' as the refuge of all the oppressed from all countries on earth' (Carboni, 1854). It is the flag that best represents the multi-cultural country of Australia, it is the flag of the refugee and the migrant, of all who have contributed to making Australia the nation it is today.

Whether Australia Day is moved or not, and certainly while it remains on 26 January, we must stop ignoring the issues past and present. As a start, at least acknowledge and recognise these matters which still affect First Nations People to this day. This isn't about wallowing in the past, it is about remembrance ... and it isn't the only day of remembrance held.

Consider that the First Nations population of Australia in 1788 was more than 777,000, by 1900 it had fallen by 85% to around 117,000 (Korff, 2023). More than 650,000 were killed by military action, murders by settlers, and disease. Imagine if Australia of today, with a population of 24 million, was invaded by a foreign force and subject to similar death rates; it would experience more than 20 million people dead. Surely there would be a day of remembrance! Why should this be any different for First Nations People?

By today's definition, it was genocide. While the term didn't exist until the 20th century, the definition of genocide under the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which applies in both times of peace and times of war, is (a) killing members of the group, (b) causing serious bodily or mental harm to members of the group, (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, (d) imposing measures intended to prevent births within the group, (e) forcibly transferring children of the group to another group (United Nations, n.d.). Each of these actions were undertaken against First Nations People, whether it be by the violent actions of the military and settlers, government policies that dehumanised First Nations people, the eugenics discussed above, the slave-like conditions they were forced into, the stolen wages, and of course the Stolen Generations. No other people group would be expected to forget this or told to just 'get over it'.

'Getting over it' doesn't mean forgetting it or that there can be no remembrance or commemoration. 

Telling First Nations people that these things belong in the past is to ignore the fact, that those actions of the past are still felt to this day. For instance, almost every Aboriginal community that the government is fond of criticising, was created by the government as it relocated different Aboriginal and Torres Strait Islander groups to common areas, which they then also used for shipping Pacific Islanders to (remember the Pacific slave-trade, then known as black-birding? Another shameful moment in Australian history).

Campaigns to change the date are not new. First Nations people have been protesting against 26 January since at least 1938. This isn't the result of the modern phenomenon of 'political correctness gone mad', that some people like to use as some sort of ubiquitous boogey-man to hide their racism and ignorance.

Why forget the sacrifices of the First Nations people of the past? Why forget about the racist behaviours and policies that empowered the abuse of First Nations people? As Italian philosopher, George Santayana wrote, 'Those who cannot remember the past are doomed to repeat it'. The anger by many Australians about the calls for a change of date, and even just to remember First Nations history, vividly demonstrates why it is imperative that we do not gloss over or forget the past abuses and the present issues faced by First Nations People.

No-one is being held accountable for the massacres of the 19th century, however, we are all accountable for the institutionalised racism and ignorant, racist views of people today, some of whom are political leaders who have their heads in the sand about First Nations history and current affairs ... which is also part of Australia's history. If they are so keen to celebrate Australia, then they should understand and recognise all of Australian history ... the good and the bad. 

Lest We Forget!


References

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Wahlquist, C, 2018(a), Celebrating Australia Day on 26 January like dancing on graves, says reconciliation body, The Guardian, 18 January, https://www.theguardian.com/australia-news/2018/jan/18/celebrating-australia-day-on-26-january-like-dancing-on-graves-says-reconciliation-body. Viewed 21 January 2024.

Wahlquist, C, 2018(b), NSW Labor plans to sign treaty recognising Indigenous ownership, The Guardian, 25 January, https://www.theguardian.com/australia-news/2018/jan/25/nsw-labor-plans-to-sign-treaty-recognising-indigenous-ownership. Viewed 21 January 2024.

Wahlquist, C & Karp, P, 2018, What our leaders say about Australia Day - and where did it start, anyway?, The Guardian, 19 January, https://www.theguardian.com/australia-news/2018/jan/19/what-our-leaders-say-about-australia-day-and-where-did-it-start-anyway. Viewed 21 January 2024.

Wondracz, A & Pidgeon, E, 2019, The Australia Day massacre nobody talks about: How up to 300 Aboriginals were slaughtered at Waterloo Creek, Daily Mail Australia, 28 January, https://www.dailymail.co.uk/news/article-6638835/The-Australia-Day-massacre-talks-known-Waterloo-Massacre.html. Viewed 21 January 2024.



Original article published 25 January 2018. Reprinted and revised 27 January 2024.
















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