Saturday, October 29, 2011

Cowboys and Indians: Australia reviews its uranium export policy

India is using CHOGM to lobby Australia hard to sell uranium to the growing Asian superpower. According to The Hindu, Vice-President Hamid Ansari has already met Tony Abbott who said he supported selling uranium to India. Ansari is now conducting behind-the-scenes diplomacy with the current government to get Australia — which has the world's largest reserves of uranium — to export the mineral to India. Labor will review the matter at its national conference, with much talk of a possible policy shift to come. A confidential briefing note in February to the Resources Minister, Martin Ferguson (exposed by Wikileaks) said the dialogue "may prove a useful avenue to communicate any policy shifts on the issue."

Writing in the Australian today (behind the firewall so no link), Paul Kelly calls the policy “obsolete and discredited” and it is difficult to argue with his assessment. Currently Labor does not support uranium sales to India because that country is not a signatory of the Nuclear Non-Proliferation Treaty (NPT). India along with Pakistan, Israel and North Korea have never signed the NPT which came into place in 1970. They make the valid argument that because the treaty restricts the legal possession of nuclear weapons to those states that tested before 1967 (US, Russia, UK, France and China) it creates an unfair system of haves and have nots. Nowhere does the treaty explain why this is a valid distinction.

India has been a declared nuclear power since 1974. According to the Indian Department of Atomic Energy, nuclear power has very important short term and long term roles in the country’s energy needs. They said their nuclear power program would sustain resources manage radioactive waste and make an important contribution to minimisation of greenhouse gas emission. The Department said local supplies of uranium are “modest” however an AFP report in July said a new mine in south India could contain the largest reserves of uranium in the world. The Tumalapalli mine in Andhra Pradesh state could provide up to 150,000 tonnes but it is mostly low grade compared to the high grade uranium produced in Australia.

Australia is the world’s third largest producer of uranium after Kazakhstan and Canada with 16% of the world’s market in 2009. Its market share is declining due to lower than expected mined ore grade. But in terms of reserves, Australia is the largest in the world with 23%. With Labor now abandoning its three mines policy, production is expected to pick up beyond the existing mines at Ranger in NT and Olympic Dam and Beverley in South Australia. BHP recently won environmental approval to expand the largest mine at Olympic Dam.

These new and expanded mines will need a market and India is obvious location, particularly with other countries closing down nuclear operations in the wake of the Japanese tsunami disaster at Fukushima. Foreign Minister Kevin Rudd said he remains opposed to changing the policy. Rudd avoided mention of the NPT and instead justified his stance on the fact India did not need Australian uranium. "There is no problem in terms of global supply,” Rudd said. "If you hear an argument from an Indian businessperson that the future of the nuclear industry in India depends exclusively on access to uranium, that is simply not sustainable as a proposition.”

Groups such as the Australian Conservation Foundation remain opposed to a change in the current policy which they say is “prudent and sensible”. ACF campaigner Dave Sweeney said the NPT, while imperfect, was a key international legal mechanism in restricting the spread of nuclear weapons technology. Australia, as a significant global uranium supplier, has a responsibility to acknowledge that India is a nuclear-armed state that obtained its weapons capacity in breach of international commitments,” he said. “Adding Australian uranium to the mix would not ease the long standing tensions between India and its nuclear-armed neighbours or improve the effectiveness of the global nuclear safeguards regime.

But the NPT is not just imperfect, it is illogical and unfair. If Labor truly wanted to avoid the spread of nuclear weapons, it would refuse to export uranium to all nuclear weapon states including Russia and China. It would also stop exporting uranium to the US which is Australia’s biggest customer taking 38.4% of local reserves according to 2004 data. Australia says its uranium is explicitly for use in civilian reactors but it has no way of stopping it ending up in weapons programs. It shows up a national hypocrisy about the mineral, particularly when Labor is in power. As Helen Caldicott wrote, Australia was like a heroin dealer, “pushing its immoral raw material upon a world that is hungry for energy."

Tuesday, October 25, 2011

Obama administration continues to hound journalist to reveal sources

US prosecutors have appealed a federal district court decision to limit the scope of a journalist’s testimony in the trial of a former CIA officer accused of leaking classified information. Last week the case against New York Times reporter James Risen was taken to the appeals court after lower courts defended his right not to name a source. Risen was originally subpoenaed to give evidence in 2008. The Justice Department were asking Risen to give up his sources for a chapter of his book, “State of War: The Secret History of the CIA and the Bush Administration.” Risen refused citing a commitment to confidentiality.

Risen and a colleague won a Pulitzer for a December 2005 article in the New York Times that exposed the National Security Agency’s warrantless surveillance program. His book State of War was written a year later and it included explosive revelations about illegal actions taken by President Bush, including the domestic wiretapping program. It also disclosed how Bush secretly pressured the CIA to use torture on detainees in secret prisons, how the White House ignored information that showed Iraq had no weapons of mass destruction, and how the Bush Administration turned a blind eye to Saudi involvement in terrorism.

The chapter that got him into trouble is about the CIA’s efforts to disrupt the Iranian program. The CIA sent a defected Russian scientist to Vienna to give nuclear bomb plans to an Iranian official on the pretext he would provide further assistance in exchange for cash. The CIA deliberately inserted a technical flaw in the designs but the Russian scientist spotted it and told the Iranians. In his book, Risen said the ploy was reckless and may have had exactly the opposite effect than intended. The Bush administration subpoenaed Risen to reveal his source in January 2008. Risen successfully fought the subpoena which lapsed 18 months later. But in April 2010, the New York Times reported the Obama administration was still seeking to compel Risen to testify.

In the meantime US authorities’ suspicions about the identity of the leaker fixed on Jeffrey Sterling. Sterling was a former CIA officer trained to recruit Iranians to work for the CIA in the 1990s. Sterling, who is black, was sacked in 2002 and he claimed racial discrimination. However a court upheld the sacking saying litigation would require the disclosure of highly classified information. Between 2002 and 2004, the FBI claimed it tracked email traffic between Risen and Sterling. Sterling was arrested in January on charges he illegally disclosed national defence information and obstructed justice, but there was no mention of Risen in the warrant.

In July this year, a federal judge ruled Risen did not have to testify in the Sterling case saying prosecutors had not demonstrated his testimony was critical. District Court judge Leonie Brinkema said Risen’s testimony was not necessary because court records say an unidentified former intelligence official has testified that Risen told him Sterling was the source. Prosecutors argued the official's testimony would be inadmissible hearsay, but Brinkema ruled it would not be because statements that tend to prove an individual's guilt may not be hearsay. Brinkema's order restricted Risen's testimony to matters of his authorship and the accuracy of the book.

But now prosecutors have appeal Brinkema’s decision to the US Court of Appeals in Richmond, Virginia further delaying Sterling’s trial which was due to start yesterday. Prosecutors cited a 1972 US Supreme Court decision Branzburg v Hayes which ruled 5-4 reporters have no First Amendment right to refuse to answer all questions before grand juries if they witnessed criminal activity. However in the years following Branzburg, federal courts nationwide interpreted the “limited nature” of case to give journalists qualified privilege to balance their right to protect the sources against the government’s need for the information.

Reporters Without Borders has urged the Obama administration to withdraw the appeal. “We remind the Obama administration that its role is not to determine what is good coverage of national security issues,” Reporters Without Borders said. “Jeffrey Sterling’s trial has now been suspended indefinitely. Forcing Risen to testify is an attempt to muzzle every journalist who might publish leaked information. It is an attempt to decide what should and should not be in the press.” They had a statement from Risen which said he would press on. “I believe that this case is a fundamental battle over freedom of the press in the United States,” Risen said. “If I don’t fight, the government will go after other journalists.”

Saturday, October 22, 2011

African Union's war with Al Shabaab intensifies

Somali Islamist group Al Shabaab has returned to Mogadishu where it has displayed the bodies of dozens of African Union and government soldiers in a show of strength. On Thursday they laid out bodies in military uniforms they said were Burundian soldiers with the AU force whom they had killed in an area they hold outside the capital. At least 70 bodies were laid out, though the Burundian army will admit to only 6 dead and 18 injured. (Photo: Feisal Omar / Reuters)

The attack on Burundian soldiers was not unexpected. Along with Kenyans and Ugandans, they make up the bulk of the AU force in Somalia. In July, al-Shabaab bombed bars and a stadium in Kampala, the Ugandan capital as thousands were watching the World Cup final. Over 70 people were killed in the attacks which came after repeated warnings to Uganda and Burundi for providing troops to the AU force in Somalia. The suitably named Al Shabaab spokesman Ali Mohamoud Rage said they were sending a message to every country that is willing to send troops to Somalia they will face attacks on their territory. “Burundi will face similar attacks soon, if they don’t withdraw,” Rage said.

Burundi itself has not yet been hit but Mogadishu continues to bear the brunt of the struggle. On Tuesday a suicide bomber blew up a car full of explosives near the foreign ministry. Four people were killed, including the bomber in an attack deliberately aimed to coincide with a visit from the Kenyan foreign and defence ministers.

Al Shabaab is particularly hostile to Kenya. Kenyan jets struck Al Shabaab positions in the border region a day after the suicide attack. They are targeting rebels they blame for abductions, including that of a French woman Marie Dedieu, 66, who was captured from her wheelchair at a beach resort in Kenya and who in captivity in Somalia. The air attacks are intended to soften the area up for an attack by Kenyan ground troops guided by pro-government Somali forces.

Meanwhile a new battlefield is emerging 70kms south of the capital with Kenyan forces. The fighting is at the coastal town of Kismayo, an Islamist stronghold. Kenyan military planners have targeted Kismayo and two nearby secondary ports to cut off the export earnings and taxes al Shabaab use to finance their war. Kenyan ground forces are attacking from the north and their navy from the south, leaving thousands of Somali refugees fleeing the area due to aerial bombardment. Somali traders prefer to use Kismayo because of its import duties –$1000 cheaper than Mogadishu – making it still profitable to enter goods at Kismayo and drive to Mogadishu.

Al Shabaab is Arabic for “the boys” but there is nothing lad-like about these Islamist hardliners who continue to make life a misery for the citizens of Somalia. Less than 40 percent of Somalis are literate, more than one in ten children dies before turning five, and a person born in Somalia today cannot assume with any confidence they will live to 50.

Al Shabaab emerged from the break-up of the Islamic Courts Union who were de facto rulers of Somalia from the mid 1990s to 2006 when Ethiopia-led forces invaded from the west. Ethiopia toppled the ICU but hardliners formed Al Shabaab which proved more difficult to dislodge. In 2009, By February 2009, they controlled most of southern Somalia where they imposed sharia law. They contributed to the famine in the region by banning international aid agencies, including the UN World Food Program. Despite only having a few thousand fighters they have been able to expand due to the lack of a central government and co-operation from clan warlords.

Al Shabaab’s continued support relies on hatred of invaders. A March 2010 report said US support of the transitional government was “proving ineffective and costly”. The Government was is unable to improve security, deliver basic services, or move toward an agreement with Somalia's clans and opposition groups to provide a stronger basis for governance. The report recommends a strategy of "constructive disengagement." This calls for the US to accept an Islamist authority in Somalia—including al-Shabaab - as long as it does not impede international humanitarian activities and refrains from both regional aggression and support for international jihad. While the report has merit, it seems naive to think Al-Shabaab will abandon its most fundamental philosophy.

Thursday, October 20, 2011

Curtsy and CHOGM

It didn’t take long. Within an hour of what seemed like a respectful and polite greeting by the Australian Prime Minister to a foreign head of state, media companies had spun it into an apparent breach of “protocol”. The online editions of all Australian newspapers and broadcasters were posting a story about a word that doesn’t stray often on to the tongue: curtsy. Wikipedia says a "curtsey (also spelled curtsy or courtesy) is a traditional gesture of greeting, in which a girl or woman bends her knees while bowing her head. It is the female equivalent of male bowing in Western cultures.” (photo: Debutantes practise a form of the curtsey known as a Texas dip)

If the Queen, the sovereign head of the United Kingdom and of the Commonwealth (in which capacity she is visiting the country) is upset a woman didn’t bend their knees in greeting to her, then she is getting more doddery in her dotage than she is letting on. She would have had a lot more on her mind than a knee gesture. She would have been thinking about her role as conduit between the UK and Australian Governments or discussing practical considerations about the upcoming Commonwealth Heads of Government Meeting in Perth. After all it is an important meeting of 60 leaders she and Gillard will be co-chairing. It happens every two years and brings together a strange brew of countries who all share British colonial history, law and culture with varying degrees of adherence (we Irish need to get over our historical gripes and enter this intriguing league of nations).

The theme of this year’s conference is “Building National Resilience, Building Global Resilience” which is not very sexy sounding but of great importance to most of the leaders present as it talks about transnational responses to global poverty and climate change. Yet a Google news search of the theme of the conference found just two occurrences – and one was the official press release from CHOGM.

The other was in Trinidad Express Newspapers which quoted Trinidad & Tobago Foreign Affairs and Communications Minister Dr Suruj Rambachan. Ranbachan noted the theme would mean discussion on the challenges of food security, sustainable development and natural resource management. All these themes have much greater importance than a misunderstood gesture but attracted no media attention outside the Caribbean.

Compare articles on “Building National Resilience, Building Global Resilience” to "curtsy". A quick glance again at Google News found 1,160 or so articles on Gillard’s failure to bend her knees. Britain and Australia in particular were all over it. The British Telegraph noted a contrast with the Governor General “While Mrs Bryce curtsied to the Queen, Ms Gillard, an avowed republican, opted for a handshake and shallow bow.” Presumably they don’t mean shallow in the sense of lacking depth. The Australian Telegraph was showing Gillard up by pointing out in their headline that two eight-year old were practising their curtseys ahead of an engagement with Her Majesty. Gillard meanwhile had to “explain” her behaviour: "As I greeted the Queen she extended her hand to shake hands and obviously I shook her hand and bowed my head. - That's what I felt most comfortable with".

News Ltd’s Melbourne paper Herald Sun lived up to its motto “stories start here” and read far more into it, saying Gillard’s “decision” was a “sign”. Australia, it trumpeted, was "catching up with the modern monarchy". While most are unaware the modern monarchy had left Australia behind, the Herald Sun found a TV chat show host, an etiquette expert and the deputy chair of the Victorian branch of the Australian Monarchists League who agreed Gillard had blundered by not curtsying.

In the quick way of these things, someone added "–gate" to it. Watergate was the foundation meme because it was a scandal that eventually brought down the president of the US. And adding “gate” to something is fun because the new word is instantly memorable. But the suffix has long since jumped the shark. It is also lazy journalism as it ascribes a whole set of motives to the event that may be entirely absent. To be fair, I can find no evidence any newspaper or website journalist has referred to "curtsygate", but it took off in Twitter.

The phrase was attributed to Sydney 2GB radio shock jock host Ray Hadley, which is plausible but I cannot verify if he actually said it. Whoever said it, the reaction in Twitter was typically either one of head-shaking weariness at the thought of this latest gate abomination or else the cause of sarcastic glee it was the end of democracy.

But if journalists did not gate it, they should not have left curtsy past the gatekeeper either. If they really want to talk about the significance of the Queen’s visit they need to look beyond etiquette experts and Lisa Wilkinson’s Twitter stream. The real villains here are the chiefs of staff and the news editors who select these stories and give them prominence. They not only fit the ongoing destabilisation of an unpopular Prime Minister in contrast to a hugely popular monarch, but also hyperinflate the primary news value of “conflict” (the fact that someone might be outraged by Gillard's behaviour) which editors believe most news users want to read about.

But here’s an idea. If the news editors are seeking genuine conflict - perhaps the sort of conflict that changes people's lives - then they should give their staff the link to the CHOGM paper and tell them to chase down the Trinidad foreign minister. I’m sure he has some enlightening and possibly non-complementary things to say about Australia and other first world countries. The Queen might even give them his number if they bow politely enough.

Friday, October 07, 2011

Wikipedia pulls Italian version in protest at wiretapping laws

Wikipedia has taking its Italian language version down in protest at new privacy laws currently before Italy’s parliament. The draft law would oblige websites to amend content within 48 hours if the subject deems it harmful or biased. In a communication released on Tuesday, Wikipedia said their Italian version may be no longer able to continue. “As things stand, the page you want still exists and is only hidden, but the risk is that soon we will be forced by Law to actually delete it,” Wikipedia said. “The very pillars on which Wikipedia has been built - neutrality, freedom, and verifiability of its contents - are likely to be heavily compromised by paragraph 29 of a law proposal, also known as "DDL intercettazioni.”

The Italian Parliament is currently debating DDL intercettazioni which requires all websites to publish a correction of any content that the applicant deems detrimental to his/her image within 48 hours of the request and without any comment. Wikipedia said the law does not require a third party evaluation of the claim and anyone offended by online content has the right for a correction to be shown, unaltered, on the page, regardless of the truth of the initial allegation. Wikipedia said this law would distort its principles and would bring to a paralysis of the "horizontal" method of access and editing, putting “an end to its existence as we have known until today”.

Prime Minister Silvio Berlusconi introduced the draft bill in 2010 saying it was needed to protect the rights of private citizens. The bill restricts the right of police and prosecutors to plant bugs and record telephone conversations and also proposes fines for journalists publishing transcripts of recordings. Journalists across Italy went on strike in July 2010 in protest at the laws. Head of the Italian journalists union, Roberto Natale said the real objective was to prevent reporting of judicial cases with high political impact, “the ones that can generate, and have generated, embarrassment.”

Reporters Without Borders strongly condemned the law at the time. They said the laws went beyond just the national domain. “It would send a disastrous signal to other countries and would encourage dictatorships to use it as a model for restricting the investigative capacity of their local press with even more dramatic consequences,” RSB said. They said telephone taps were often the main evidence in support of stories about corruption and organised crime. “The sole practical aim of this bill is to prevent any investigative reporting.”

Berlusconi has been the victim of several wiretaps. Most recently judges released wiretaps at the conclusion of an investigation into Gianpaolo Tarantini, who paid women to sleep with the prime minister at his home. The wiretaps revealed a man with a large sexual appetite but whether this is something for the public domain is debatable. Berlusconi didn’t think so. “My private life is not a crime, my lifestyle may or may not please, it is personal, reserved and irreproachable,” he said.

His law is not totally without justification. Italy is the champion of the western world for wiretaps. In 2005 Italian mobile operator TIM issued a fax to all Italian public prosecutors they have already over-stretched their capacity from 5000 to 7000 simultaneously intercepted mobile phones and had now reached their limit. In 2004, Italy orders 172 judicial intercepts per 100,000 inhabitants.

After being bogged down for a year, debate on the bill resumed on Wednesday. Centre-right politician Giulia Bongiorno was responsible for carrying the law though parliament disowned it after Berlusconi's PDL party succeeded in adding an amendment that would see journalists jailed for between six months and three years if they published "irrelevant" wiretaps. Bongiorno said she no longer recognised anything in the text of the bill and blamed the changes on Berlusconi's direct intervention. The UK Independent now says the parties have reached compromise to see the law applied only to registered online news services and not to amateur blogs. That compromise was not good enough for Wikipedia.

Saturday, October 01, 2011

Eatock v Bolt :The stories of the nine plaintiffs – Part 2

Yesterday, I wrote about the stories of five of the nine plaintiffs in the Eatock v Bolt case revealed in Justice Bromberg’s s 149-page judgement. Today, it’s the turn of the other four.

Larissa Behrendt
Behrendt is a NSW law professor and author who lives in New South Wales. Her father and paternal grandmother were Aboriginal. Her paternal grandmother lived in an Aboriginal camp before she was taken away from her family by the Aborigines Protection Board. Her paternal grandfather was English and her mother and maternal grandmother were Australian. Bolt made a schoolboy error when he said Behrendt looked “almost as German as her father” based only on the sound of the surname. Her father was a prominent, well-respected member of the Aboriginal community was an expert on oral histories. He was always part of her family and her mother was always strongly supportive of her Aboriginal identity. Behrendt was 11 when her father reconnected with his Aboriginal family and told her about his languages, dreamtime stories and Aboriginal traditions. Behrendt said she “identified as Aboriginal since before I can remember”.

She began to experience racism at school where she was teased for being “black”. She was motivated to become a lawyer because her grandmother was forcibly removed from her family. She became a Doctor in law at Harvard Law School and was not the beneficiary of any special admission program for Aboriginal people. She has won the Victorian Premier’s Literary Award for Indigenous writing. Bolt called her “professional Aborigine” who is “chairman of our biggest taxpayer-funded Aboriginal television service”, a reference to the National Indigenous Television Service established in about 2006 for which she received $20,000 a year. Behrendt said she took the position because Aboriginal people needed to have their own voice in contemporary Australia. She said Bolt’s reference to her as “mein liebchen” was particularly offensive, patronising and denigrating. Her take-out message from the articles was they sent a message to young people that if you are light-skinned and identify as Aboriginal you will be publically attacked and criticised. She regards that message as very intimidating.

Leanne Enoch
Leanne Enoch is the Red Cross Queensland director for Aboriginal and Torres Strait Islander Partnerships. Her father is Aboriginal and her mother is Australian. Her and her siblings’ cultural upbringing was dominated by her father’s side of the family and she has always identified as Aboriginal. She grew up on North Stradbroke Island where her mother (whom she resembles) was always accepted as part of the extended family and her mother fully supported her Aboriginal identity and her education in Aboriginal culture. As the eldest grandchild of the eldest son (her father), she was groomed for cultural responsibilities from a young age Enoch has always been recognised as being an Aboriginal person and first faced challenges about her identity at school after her family left Stradbroke. Many thought she was adopted and she witnessed racism from people who didn’t realise she was Aboriginal and likely to be deeply offended. Enoch trained and then worked as a teacher for 10 years where she assisted with Aboriginal cultural awareness programs.

She then worked Aboriginal social policy and stood for election in the ALP. While first dismissive of Bolt’s article, she became more alarmed when she realised that everyone in her family and community would see it. Her father and many of her relatives saw it and were upset and she too was distressed by the effect on her children, particularly her oldest son who is fair, unlike her younger son who is darker, and who is going through identity issues of his own. Enoch said it was highly offensive Bolt said she was “not really Aboriginal” because of skin and hair colour. Because Bolt suggested she chose to identify as Aboriginal to further her political career he was saying her hard work, skill and talent were of no significance.

Mark McMillan
Mark McMillan is a lawyer and an Arizona Appeals Court judge for American Indians. He has an English father and a mother of Aboriginal descent. He was raised by his mother until he was eight and then moved to his maternal grandmother in Trangie, near Gilgandra, NSW. In Trangie McMillan and his siblings all knew they were Aboriginal. They were told stories about their Aboriginal relatives, including about their maternal great grandmother who was the last Aboriginal local language speaker.

His family were all involved in the Trangie Aboriginal Land Council and two years ago McMillan was elected to the Board of the Council. Like the other eight plaintiffs, he experienced racism and was called an “Albino Boong”. In 1996 he worked at ATSIC as a clerk. Three years later he was awarded an Aboriginal undergraduate award and studied law at the Australian National University.
He was selected to participate in further study through an exchange program in Canada. He was admitted to the bar in 2001 and found a research position with Larissa Behrendt at Sydney UTS.

In 2003, he was accepted to the University of Arizona’s Indigenous Peoples Law and Policy program. McMillan found Bolt’s suggestion he was “not Aboriginal enough” offensive and said he inferred he only identified with his Aboriginal heritage for political gain. He was also infuriated by Bolt’s insinuation he was a “a gay white man with a law degree” and “just the kind of Aboriginal who needs a special handout” which was offensive and humiliating. McMillan was humiliated when subsequently forced to assure his American employers he was indeed Aboriginal.

Pat Eatock
Pat Eatock was born in Brisbane in 1937 and is now retired in NSW. Her mother is Scottish and her father had Aboriginal parents. Her father was ashamed of his background and it was never discussed at home. They were also afraid the authorities would take away the children if they ever found out about their black heritage. Eatock identified as Aboriginal since she was a teenager and she told the court much of her Aboriginal identity was formed by negative experiences.

At Primary School in Ingham, the playground at the school was divided by a fence. “White kids” played on one side of the fence and “black kids” on the other. Eatock and her sisters were put to play with the “white kids”. When the school teachers saw the father the childen were taken out of the “white” children’s playground and put in the “black” one. Some parents then complained about “white” children on the wrong side of the fence. They were then put back in the “white” playground and this was Pat Eatock first identity crisis.

She left school aged 14 and began to identify herself as Aboriginal so she would not be accused of hiding her background. She worked in factories until marrying in 1957. She cared for her children until 1973 when she went to university where she encountered a different kind of racism. People would make racist remarks about Aboriginal people in her presence which she found stressful. She would tell people at the outset she was Aboriginal or wear clothing associated with Aboriginal issues. Encounters with Faith Bandler inspired to get involved with the Aboriginal Tent Embassy in Canberra in 1972 and 1973. She has stood for election in the Australian Capital Territory as an independent Aboriginal candidate.

Eatock graduated with an arts degree in 1978 and worked for the Department of Aboriginal Affairs. She became a lecturer in Aboriginal Community Development in late 1991 and got a disability support pension in 1996. She still volunteers for Aboriginal issues and lives modestly in a one bedroom Department of Housing flat in Sydney.

Eatock told the court was horrified, disgusted, angry and sick in the stomach when she saw Mr Bolt’s Articles. She said Bolt disconnected her from her Aboriginality and denied her life’s work and ethics. She has been more disadvantaged than advantaged by identifying as Aboriginal and has had only six to six-and-a-half years of employment since 1977. She said Bolt’s articles were racist and she remains deeply offended.

These stories of Eatock and the others show racism was casual and endemic in Australian society. They, more than most, suffered for their background by not neatly fitting the stereotype of being black skinned. Judge Bromberg quoted the Australian Law Reform Commission’s 2003 Report on the Protection of Human Genetic Information which said ‘race’ and ‘ethnicity’ are social, cultural and political constructs, rather than matters of scientific ‘fact’.

Bromberg noted the ‘blood quantum’ classification for determining Aboriginality common in Australian law until recent times. “It is a notorious and regrettable fact of Australian history that the flawed biological characterisations of many Aboriginal people was the basis for mistreatment, including for policies of assimilation involving the removal of many Aboriginal children from their families until the 1970s,” Bromberg said. “It will be of no surprise that a race of people subjected to oppression by reason of oppressive racial categorisation will be sensitive to being racially categorised by others.”