Wednesday, July 28, 2010

WA Government pays compensation to Ward Family


The family of an Aboriginal elder who roasted to death in searing heat in the back of a prison van will receive a $3.2 million compensation payment from the WA government.

In some ways dollars will never be enough to compensate the loss of a loved one and community leader. This amount acknowledges the State's responsibility for Mr Ward's death. The call for A Royal Commission by the Member for Fremantle cites something from about a hundred years ago, but fails to acknowledge the work of the Royal Commission Into Aboriginal Deaths In Custody, which reported almost 20 years ago. The RCIADIC provided a template for reform, which largely remains under-implemented. Maybe, we need to re-visit its recommendations.

Sunday, July 4, 2010

Honouring Yagan



Yagan was killed in 1833, his head was decapitated smoked and taken to London. Over a century later it was buried in an unmarked grave in Liverpool. This Saturday Yagan’s kaat (head) is to be re- buried in the Swan Valley.

Historians have underestimated the dynamics of what was occurring for the Noongar people in the early years of the colony and how the newcomers were perceived and understood by Noongar people. The burial of Yagan’s kaat provides an opportunity to reflect on some of Yagan’s interactions with settlers.

In June 1832 Yagan attacked two men, one of whom later died. Yagan was declared an outlaw with a reward for his capture. He was eventually caught and sentenced to death, but he was saved by Robert Lyon, who argued that Yagan was defending his land, and should be treated as a prisoner of war. As a result Yagan was exiled on Carnac Island, under the supervision of Lyon. Yagan escaped and no-one tried to recapture him. It seems the authorities thought that he had been sufficiently punished.

Lyon published a number of articles about his time with Yagan, he called Yagan the ‘Wallace of the Age’ after the 13th century Scottish patriot.

In January 1833 two Aboriginal men visited from Albany and settlers arranged for them to meet Swan River Noongars in the hope that it might encourage friendly relations like those in Albany. Yagan led a formal greeting for them. The Albany men stayed on and later Yagan obtained permission to hold another corroboree for them in Perth. The Perth Gazette wrote that Yagan "was master of ceremonies and acquitted himself with infinite grace and dignity".

Subsequently, some Aboriginal men broke into store and Yagan’s brother was shot and later died. Yagan vowed vengeance for the death. Later some Aboriginal men killed two settlers. Large rewards were offered for the capture of Yagan and the others involved. Yagan's father Midgegooroo was captured and after a swift trial he was executed by firing squad.

Afterwards Yagan was met by George Moore in Upper Swan. Moore, wrote in his diary:

“Yagan stepped forward, and leaning his left hand on my shoulder, while he gesticulated with the right, delivered a sort of recitative, looking earnestly at my face. I regret that I could not understand it; I thought from the tone and manner that the purport was this: `You came to our country; you have driven us from our haunts and disturbed us in our occupations. As we walk in our country we are fired upon by the white men. Why should the white men treat us so?'”

Moore made no attempt to capture Yagan other than to report the sighting to the nearest magistrate; he wrote,

"The truth is, every one wishes him taken, but no one likes to be the captor ... there is something in his daring which one is forced to admire."

In July 1833, two teenage brothers, William and James Keates, met a group of Aboriginal men on their way to collect rations near Guilford. Being on friendly terms with Yagan, the brothers suggested he remain with them to avoid arrest; Yagan stayed with them all morning. During this time the boys decided to kill Yagan and claim the reward; after being rejoined by Yagan’s colleagues William shot and killed Yagan.

These vignettes show that Yagan had positive relationships with settlers; the contact with Lyon, his role in the visit of the Albany men, his contact with Moore and even the prior rapport with the Keates brothers. His seeking of permission for the Perth corroboree also suggests Yagan had some understanding of the changing nature of authority the new colony was establishing.

Two things stand out in his meeting with Moore, the colony’s first Advocate General. Firstly, that Yagan put his hand on Moore’s shoulder and secondly, that Moore did not make any attempt to capture Yagan, in fact he notes that he admired Yagan. This suggests a high level of shared respect and goodwill.

The outlawing and killing of Midgegooroo and Yagan demonstrated that the colonial government was determined to protect the interests of the colonists. The early authorities adhered to what has been called the principle of ‘legal dualism’, under which Aboriginal people were to be punished for transgressions of British law on the assumption that ‘by constant contact they would become “infected” with it and gradually abandon their customs and superstitions’.

It is important to honour certain individuals in our history. The story of Yagan is about a collision of two cultures and their differing philosophies of the land. Noongar people have successfully demonstrated a doctrine of survival, rather than one of extinction. This was demonstrated in the 2006 Federal court decision in favour of Noongar native title over Perth.

Yagan is an important figure and symbol for Noongar people today; and perhaps for the wider community as well.