Category: influential reading material


On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 8 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

Terrific to be part of the Minutes of Evidence project – collaborative performance sparking conversations about structural justice.

British colonisers ran a “Paper Empire” – numbers, counting surveillance… combined with counter-archives (other ways of knowing) can be used to create sources/proofs. Presumption of colonisation (denial of sovereignty) complicit and absolutely imbued in statutes and policies.

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“…powerfully committed to hunting grounds” the Committee couldn’t break or deny this connection to Country… this is why the regional system of Missions was put in place.  The testimony of these men changed the political “solution”/outcomes. Although 50 years later the missions were closed after all and people were centralised.

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On the subject of children being taken away, missionaries testified that:   Those on the Missions knew of all the children in their District when a white couple adopted a girl then no longer wanted her – they were going to send her to Sydney, the Aboriginal people on the Mission appealed to take her in. There is no such things as orphans… every child had two parents. 100s of letters written by Aboriginals exist speaking to self-determination, religious freedom and for rights.

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Political activism was happening pre-1920s.  Is it racial prejudice that dismisses testimony of “pining away” or “affection” for the land as irrational/emotional but this speaks to the depth of feeling of cultural belief/commitment, assertion of rights, sovereignty and justice.  Not able to recognise the implications of what you ‘see’ in front of you but providing testimony of it jsut the same.

On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 7 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

Provide space for another person to find their own lifestyle (not adapt to that of the host) – this might be called a fearful emptiness.

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Moved – relocated – dislocated – dispossessed… went from hosts to guests.

Mamaa – places where the Creator Spirit brings Christ and Wanjina together.

Our first learning: How to wait.

There’s a time to move.  Can’t go at our speed but the speed the people decide.

Leaves crackle when you burn them, this announces that guests are coming.

Aboriginal and Torres Strait Islander peoples need to be affirmed and respected as hosts of their own country.

 

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TOWARD A NEW TABLE FELLOWSHIP

Proud of my aboriginal heritage and being a part of the church.

Chasm (barriers to hospitality):

  • difference
  • misunderstanding
  • racism
  • sex
  • past
  • fear

Bringing people together:

  • similarities
  • past
  • hope
  • food
  • conversation

Join in moments of sorrow and celebration. Spent all our budget on food. Need to create spaces that bring people together and give them a chance to say, “Well, actually, I’ve been wondering about this…”

Hospitality across all cultures and all faiths.

Let us learn from you, instead you come and learn from us.

People started demanding and expecting hospitality… anxiety, misguided enthusiasm, on own terms/time, urgency, desire to ‘fix’… our elders are fragile and tired… who cares for the carers?

It’s not that we don’t want to talk/engage but we need time. Reconciliation can’t work by a drive-through approach.

Indigenous Unit is told ‘this is your job’ – it can often be overwhelming. People aren’t aware of what else is going on for our community.

These are the realities of our lived situation.

Trauma caused and trauma received.

Churches (and institutions) need to learn their own story – people go on experiential trips to the outback/red centre. Important to understand that you are on country here, now and always.

We need good and sustainable gatherings.

A time for everything – Ecclesiastes 3:1-14

Need to meet and share – get hospitality right.

Why binaries not working/helpful? Why working on Strong Spirit? Losing heart and tired.

Don’t understand the grace of Aboriginal people offering hospitality on a crime scene.

“You don’t look Aboriginal, what kind of food is this? why aren’t there more chairs? you aren’t dressed very aboriginally…”

People bound up in their own needs, expectations and demands.

 

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 1 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

 

Purpose: How to get somewhere

Constitutions: Tell us what to do and how to get there

Why?: Need to ask, where are these taking us to? What are we going to do with it?

The German word grundnorm (basic norm) combines big + what is normal.

American Constitution says: “We hold these truths to be self-evident: that all men are created equal…” this is a basic norm of their constitution and yet there was slavery at the time.  What is constitutional for one group is not for others.

Is constitutional recognition worth fighting for in the Australian context?

If you are given a legal personality this gives you a legal identity/makes you an entity (you can transact).  Constitutional recognition would give Aboriginal people legal personality.

Here we use a Westminster/Western model of constitution – a link back to the UK. White men put the document together – it represented their idea of society then and for the future.  Section 128 allows for the constitution to be changed (function for change provided for in its creation).

What are the founding values and guiding principles?

Cooper vs. Stuart Crown gave 40 acres then wanted to take 7 acres back – appealed to the Privy Council in the UK.  Land that was not “cultivated” was considered not claimed.

Aboriginal people are currently mentioned in only 2 sections of the Constitution. For the purposes of counting in the Census they will have a value of “0” (zero) and in the Exclusion Clause which allows for Parliament to make laws specific to race (applying to anyone not white). This is legalised discrimination. The law makers had the view that Aboriginal people would disappear – either by dying off or being bred out… we are still here!

Following WW2 there was a movement to say collectively we cannot allow for the extermination of an entire people.  Some human values are UNIVERSAL regardless of what some countries and governments might do.  UN developed International law which includes a convention against racial discrimination “No legal or moral authority for laws based on race”.  Australian law has vetoed land purchase in Queensland, High COurt MABO decision recognised Native title in 1992 > Aboriginal people exist.  There is a fundamental clash between the constitution and the law – it is at odds with itself and it needs to be synchronised.

How are we getting there? What will we do when we get there?

I want to see… language, law, culture, spirituality, kindness, interconnectedness to land and animals, respect for neighbours, storytelling and learning… survive.

Recognising is the first step.  We can’t have a conversation if you can’t see me.

The State of Victoria is looking into making a treaty.Section 109 of the Constitution allows for laws that are inconsistent but if it comes to a ruling Federal law would prevail. If the vehicle we take is a treaty – what is in it? protecting/including what?

When applying law there is a sense that we should be able to go back to the original ‘intent’ of the law (read it in context) – it is a legal fiction that we can know or that we do know what that is. “Democracy” when it arrived was for landed white men, then all white men, white men and white women, now voters (excluding prisoners)… what democracy means has changed over time.

 

Te Tiriti O Waitangi and Pakeha-Maori Conversations: What Hope for Change? – Maria Bargh

Strong Spirit in Community Development – Grant Paulson

Repentance and Treaty? – Ray Minniecon

Primal Faith and Ancient Treaty: Precedents on the Abraham Trail – Norm Habel

What might the Australian Church look like in the face of the sovereignty of the First Peoples? – Chris Budden

A Paradoxical Hospitality – Robert Hoskin and Naomi Wolfe

Aboriginal sources and Aboriginal sovereignty – Joanna Cruickshank

Pulling together the threads – Mark Brett

 

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 2 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

 

Overview

  • connections and alliances in the 1800s
  • implications of Te Tiriti (The Treaty) today
  • the need for constitutional change
  • the role of Pakeha as allies

 

Waitangi Tribunal Northland Enquiry Part 1, Te Paparahi o Te Raki: “Māori did not cede sovereignty to the British Crown in 1840…”

1826 – Ships built at the Te Horeke shipyard,  1830 sailed to Sydney and seized because they had no flag… Māori start seeking symbols of sovereignty…

1831 – Māori petition sent from Nga Puhi to King William IV.

1833 – Busby responds with “friendship and alliance” between Nu Tireni and Great Britain.

1826 – Ships built at the Te Horeke shipyard,  1830 sailed to Sydney and seized because they had no flag… Māori start seeking symbols of sovereignty…

1835 – Declaration of Independence and get a flag.

1836 – King formally acknowledges this.

1837 – Captain Hobson arrives, sent by Lord Normanby to acquire sovereignty.

Most Māori signed the Māori version of the Te Tiriti (500+), around 40 signed the English version. Where a treaty is created with indigenous peoples and is later in contention:

  • decision is made against the drafter
  • preference is given to the indigenous version

The Treaty sets out that:

  1. The Queen looks after Britons
  2. Māori look after Māori
  3. Māori have equal citizen rights with British

verbally – assurance of religious freedom was included.

There were wars through 1850s, 1860s and 1870s – New Zealand had the highest British military presence in the world at that time.

Need for constitutional changes:

ONGOING BREACHES Crown is recidivist – inherent in the systemic power of the institution.

There are 7 designated Māori seats in the NZ Parliament. This recognises the self-sovereignty of Māori as set out in Te Tiriti as providing for equal governance (rather than a minority preferencing which would assume e.g. Pacific Island people should have seats also). The number of seats is determined by the number of voters on the Māori Electoral roll.

Provision is made for a similar determination at a local government level – only two of 78 local authorities are/have set up Māori constituencies/wards.  Mayor Andrew Judd of New Plymouth lost his seat over advocating on this issue.

Anglican Church in New Zealand provides a model of three tikanga (systems of governance) – Māori, Pākehāand Pasifika – sharing equal authority but working in partnership. Each group meets in their own “house” then in the treaty house and make decisions by consensus.

There is a Kingitanga movement and also an Independent Constitutional Transformation Working Group – Matike Mai Aotearoa.

Need the ways of being yourself ‘self-determination’ – elections, processes, representation and also mutual spaces to meet and decide things together.

 

 

 

 

 

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 3 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

What are the drivers and transcendent values that inspire us?
What are the pathways to change?

9830410   We live in a polemic/binary time… issues like gay marriage, immigration… seem to have no middle ground – you are either for or against. Tolerance for diversity is at an all time low.

This way of arguing gets used manipulatively too… if you aren’t with me you’re against me – in ways that close the conversation down… what are some examples we can think of?

  • faith and justice
  • recognised and sovereignty
  • for the intervention or for child abuse

It is an Aristotelian idea: 2 ideas – thrash them out = one truth

Previously you had to be broad spectrum because you couldn’t afford to alienate anyone. Now the ways we access media and communications, we get exactly what we want to hear – an echo chamber…

  • hard to hear voices from the edges
  • hard to hear, listen, and engage different ideas
  • minimal dialogue and openness to being convinced

Need a strong spirit to imagine a non-polemic future… how do we change without losing our souls?aboriginal-spirituality

What is lost and found in translation?  Getting a (white fulla) education… what do I lose of my own culture and identity?
Industrial revolution and reason vs. everything has sacred significance.

Government talks to a small slice of who we are and how we understand the world.

I want to explore the sacred internal emotional resources that sustain and empower people:

Land, language, law, kinship, ceremony – 5 areas that make up a Strong Spirit.

img_1961Polemics can replace cultural identity… what do you do when a section of your strong spirit has been lost or damaged?

Identity not fused with the fight… not defined by or stuck in the fight. Overcome by the oppression/pain of where we are.

  • conservation (what we don’t want to lose)
  • restoration (actions to restore/share/teach/pass on)
  • innovation (new and adaptive ways)
  • respect (is our work underpinned by mutual respect?)

Strong Spirit audit tool: what have we got/not got?

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We need to remember who we are.
When our weapons for warfare start to look like our colonisers I start to worry.

(not just post-colonial reactions)

 

CAR AS A METAPHOR FOR TREATY/CONSTITUTION

Can’t rely on vehicles as they are (old and rusted car), won’t get us the whole way (breaks down) we need a new way of getting there (highly modified car).

walk on country
reconnect with people and place
“I’m going back in my memory” (one word that means this), where are you going?[at the kitchen table, able to reflect and be present at the same time]
pilgrimages
dardirri (deep listening)
yarning circles
dinner table
dreams
poems

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 4 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

Knowledge puffs up (self), love builds up (others) – Ray’s Dad… and 1 Cor 8:1

What do we know we know? What do we know we don’t know?

 

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 5 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

 

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Need to recognise culture AND faith.  Deal was made with me and with the land.  Parity not vassal treaty. Joshua violated the treaty.

What if churches dared to take the lead and make an apology – a sacred apology?

Primal is the one we share. Abraham recognised the Creator Spirit… El Elyon – Maker of Sea and Sky. Abraham made a treaty with the indigenous people of Canaan.

 

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On the weekend of 24-25 September Whitley College hosted a conference called Constitutions and Treaties: Law, Justice, Spirituality – these are notes from session 6 of 9. We acknowledge that this gathering, listening and learning occurred of the land of the Wurundjeri People of the Kulin Nations and offer our respects to their elders past and present, and all visiting Aboriginal and Torres Strait Island visitors present.

 

“Wrongs to Rights”

i ways we talk about sovereignty

ii Treaty

iii acts of resistance

iv identity of the church

 

WAYS WE TALK ABOUT SOVEREIGNTY

Ask what does it mean for the identity of the church to recognise First People? Always about wealth: land, labour, wealth… when talking of treaty/constitutions always become justifying narratives. We cannot ignore the material component.

 Sovereignty? People aren’t sure about what the word means.

Confuses meaning when indigenous people are asking for it.

Rights and claims continuously negotiated e.g. human rights (allows some limits/accountability)

Four themes:

i ‘external’ or ‘internal’ authority. Boats vs. states/federal government.

ii power of institutions or powers of people

iii be sorted out legally or negotiated politically e.g. State of Victoria negotiating a Treaty.

iv sovereignty is capable of being shared > not absolute (Pakeha and Maori)

 

  1. separate and independent nation
  2. starting point to achieve rights and social inclusion
  3. authority inherent in them as individuals and as a people

 

Assertion: sovereignty reframing ongoing negotiating of claims in the community > nature of our settlement and how they live here.

Not disadvantage or reparations but ‘ancestral occupation’.  Not a gift of ours to give.

Recognises First People are a people with their own culture, land, language… have inherent rights.  Opens up a new negotiation for settlement.


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TREATY

‘shared house’ analogy… if you move in to a share house together there are rules – have to pay your share of rent, food, utilities… if some random moves in and uses everything. Eventually someone will say, we were here first – pay the board or move out.  There is a need to recognise our sovereignty.



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ACT OF RESISTANCE

Narrative of explanation (public ideology that justifies current system e.g. invisible). Can’t critique publicly. Another narrative told in private places.

Did Jesus tell stories in public areas – in ways that didn’t threaten powers (used language and metaphors they didn’t understand) but reaches ‘those with ears to hear’. [hidden transcript]

Worth doing things people don’t understand – not taken seriously by Government but gives hope to those in the know.

What are you trying to fit into?


 

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ISSUES FACING CHURCH

i   church needs to weigh in on issue of sovereignty

ii   church came in with the invaders – there is an existing sacred relationship with the land (invite us to share that story)

iii   church needs to confront issues of land and reparation – material reparation (Zacharius)

iv   recognition challenges ideas of how we speak of faith and salvation.  Creation/sinned message makes indigenous relationship to land (sinful) need salvation/assimilation of this idea into church à trusted. Make it personal…

How does recognition of indigenous people alter my understanding of gospels?

Understand gospels in relation to /context of existing indigenous relationship to land not politicising the gospels with a liberation theology that retrospectively tries to make sense of that, this is not “special interest group theology” (black, feminist, etc.)

v   churches places within or on invading community is to be interpreted theologically .

vi   what does this mean for the structures of church and relationships?

vii   still a need to hear and honour history as a foundation for present and future relationships… own/confess/change it…

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From 7 Sacred Pauses by Macrina Wiederkehr, p.40-41

Summoned from sleep
in the heart of night
my name is called
and, like Samuel,
I rise from my bed
seeking the caller.

Summoned from sleep
I am drawn into
the beating heart
of the One
who called me.

The angel of night
lights a candle in my soul
inviting me to listen
to the wordless song
of Divine Union.

Deep healing.
Deep listening.
Deep waiting.
Deep watching.
All of these become
a part of my night watch.

In the heart of the night
you prepare me to be
your deep healing
for all who watch
through the night
of their fears.

 

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Yes, “the truth will set you free” as Jesus says (John 8:32) but first it tends to make you miserable. The medieval spiritual writers called it compunction, the necessary sadness and humiliation that comes from seeing one’s own failures and weaknesses.  Without confidence in a Greater Love, none of us will have the courage to go inside, nor should we… People only come to deeper consciousness by intentional struggle with contradictions, conflicts, inconsistencies, inner confusions, and what the biblical tradition calls “sin” or moral failure… God actually relishes the vacuum, which God knows God alone can fill… in other words, the goal is actually not the perfect avoidance of all sin, which is not possible anyway (1 John 1:8-9 and Romans 5:12) but the struggle itself, and the encounter and wisdom that comes from it. Law and failure create the foil, which creates the conflict, which leads to a very different kind of victory, not moral superiority but just luminosity of awareness and compassion for the world.

p.31-32