On Global Reform and International Normative Model Areas (Inma)
Posted Sept 2000. Latest Update April 2014.
Author: Dr Neville Yeomans - Psychiatrist, Barrister
Written in 1974 for the Australian Humanitarian Law Committee - revised 1976
In this 1974 paper Neville Yeomans sets out his vision for a way for possible global transition to a social life world centred on humane wellbeing and profound respect for the Earth and all life-forms. Central is finding and evolving a social place - a place for evolving an Inma or International Normative Model Area.
Neville envisioned this area as a vital precious social place - a place for people to explore socio-healing ways, peacehealing, intercultural respect and mutual nurturing.
For Neville, the healing starts with the most damaged and oppressed - the indigenes and oppressed small minorities of the World. After searching the World in 1962 asking the indigenes where this placemaking may wisely emerge, the answer came back - Far North Queensland, Australia.
This paper scans 1,500 years - back a 1,000 years and forward 500. A brief note (Mental Health and Social Change) written in 1972 hints at Neville's evolving frameworks. His early stretching of possibilities was the family therapeutic community Fraser House started as a small micro example of an Inma in 1959.
Neville had engaged with the Aboriginal women of Central Australia and knew of their use of the word ‘Inma’ meaning ‘a coming together’. Phonetically ‘In Ma’ in English it connotes ‘in the mother’. In the Uluru Cultural Centre by architect Gregory Burgess, the space includes the Inma space – the ceremonial gathering space of the women.
Neville, depending on context would use the terms:
o Inter-family Normative Model Area
o Inter-personal Normative Model Area
o Intercultural Normative Model Area
o International Normative Model Area
Neville linked with other natural nurturers in evolving healing wellbeing networks between indigenous and disadvantaged minorities - refer An Example of Enabling Indigenous Wellbeing.
For many, economic globalisation is right now concentrating and cementing an inhumane global order of immense destructive power in the hands of a few. The spirit in action of Inma is life-force towards a balancing global integral humane transition.
On Global Reform and International Normative Model Areas (Inma)
By Neville Yeoman
What is the role of international law, particularly cogent humanitarian norms, in the development of experimental creative communities?
(Editors comment: 'cogent' - having the power to convince or prove; 'norm' - model or standard; the average behaviour or performance for a group of people (from Latin word meaning carpenter's square.)
Falk, an international lawyer of normative realist1 preferences, quotes the philosopher Whitehead's view that in the well-marked transitions from one age to the next, 'blind historical forces and powerful moral vision' combine to produce the change; or again 'senseless agencies and formulated aspirations co-operate in driving mankind from its old anchorage'2. Many normative realists believe like others, that such a transition is now in progress, and that 'international law and lawyers can play a significant and beneficial role during the period of transition, but only if they become sensitive to the wider process of change underway in international society and more controversially, if they give self-conscious support to a set of explicit world order goals that structure both the means and the end of transition'3. As a useful historical analogy to guide concepts of transition: 'The world order shift now underway seems to be a reversal of the shift completed in the middle of the seventeenth century by which time medieval Europe had given way to the modern state system. The seventeenth century completed a long process of historical movement away from non-territorial central guidance and towards territorial decentralization whereas the contemporary transition process seems headed toward non-territorial central guidance.
By central guidance is meant 'a capacity to administer critical interactions on a planetary scale'. It is possible to identify some of the prefigurations of the future in many elements of cultural expression and community activities including 'the artists who often are the first to express the handwriting on the wall'. It would seem to the present writer that small creative groups and communities may better move through the transition period, and perhaps guide others as International (or Intrapersonal) Normative Model Areas - INMA - if they are aware of this environing contextual shift.
The global problem is approached aiming at a 'post-state system of world order that is relatively more peaceful and just'. One can appreciate this aim 'for a transitional or global consensus.... (to) provide the normative grounding for a political movement dedicated to global reform' and this focus 'on an overall objective of helping to formulate a world order ideology appropriate to human needs and aspirations'. However, others have to act moved by the 'politics of desperation' arising from 'situations where deprivation is acutely sensed'. With the search for equity and intense demands for justice the formulated aspirations of the age emerge.
Again, the non-political side of involvement occupies the sentiments of humankind, 'the moral question is prior to the political questions'. Thus the ethical, intuitive integral movement and its ethos are needed to provide a basis for the more rational, ideological one of the normative realists (eds. ethos: the fundamental and distinctive character or spirit of a social group, culture, community, etc.).
Supporting this integrative movement the 'creative jurist (can) identify and contribute to the transformation of one system of international law to another' (eds. 'jurist': 'a person who practises or is skilled in law').
The quest is for the cogent 'spirit of the laws', not just the letter.
There is 'a beneficial option premised upon an affirmation of the wholeness of planet and the solidarity of the human species', feasible on a non-violent populist movement. The main initial focus towards such movement is 'education-in-action' by demonstrating the failure of the state system as the cause of present frustrations. It would seem that this is the more activist component of 'consciousness-raising', by which is meant 'a 'consensus as to world order challenges and an acceptance of a (humane ) value orientation.
The single most relevant task is 'to develop a role for law in relation to a credible strategy of transformation', thereby attempting to implement the aim of normative realism. This concept insists that even on questions of national security deference to the requirements of international law are essential. 'The underlying premise is that even the most powerful governments are increasingly dependent on a framework of legal constraints that provide a formulation for inter-governmental cooperation...persistent, serious disregard of international law imposes two costs, domestic (endangered polity) and global (endangered planet)'.
The 'official lawlessness' of Vietnam and Watergate are ominous signs of the first cost. These reinforce the ethos of the normative realists that 'if something isn't worth doing legally it isn't worth doing'.
The second cost according to normative realists, the endangered planet hypothesis, is that the norms, procedures, and institutions of the international legal order, though imperfect and imprecise, warrant national respect because they embody inherently desirable restraints on state policy. They reduce the frequency and destructiveness of violence, but further 'the endangered planet hypothesis argues that the state system is in its last decades of existence. The question is not whether there will be a new system of world order, but by what means will it be implemented - by trauma or planned transition'
Thus 'we need a set of values that can inform, a strategy of change. Again, one may add that this must be complementary to an intuitive humanely facilitatory ethos. The central feature of the normative challenge that is proposed rests on an acceptance of human solidarity and all its implications, especially a shared responsibility to seek equity and dignity for every person on the planet without regard to matters of national identity or territorial boundary'. It is this very solidarity which one may submit is the function of the INMAs of the globe to expand and synthesise. Such a humane mutualistic and 'spiritual' movement seems essential to provide the motivation for the more political movement of the normative realists.
Webster's Dictionary defines a paradigm as 'a pattern, example or model'. In Falk's discussion of paradigms he argues that the statist paradigm provided model problems and solutions, and set boundaries on thinking by intellectual taboos. A 'juridical revolution' is coming, which will dethrone the statist paradigm (eds. 'juridical': 'of or relating to the administration of justice'). When a system change occurs the model of reality in the old system is no longer adequate and a paradigm shift results. Thus a new constellation of beliefs, values and techniques guide the tackling of newly seen problems. Such a paradigm shift has several characteristics. 'First, it is a mutation rather than a series of increments. Secondly, it embodies a coherent explanation of the entire agenda of problems relevant for a current generation of practitioners. Thirdly, if cultural issues are involved then the paradigm-shift will occur in many disparate fields of experience'.
As an alternative paradigm challenges the older one, beliefs previously ignored or denigrated as deviant are now seen as dangerous and subversive knowledge. Thus as a multi-polar state system replaced 'the authority of the Pope and the spiritual unity of Christendom' Grotius'4 thesis on the law of nations was banned for Roman Catholics from 1626 and so remained until 1899. However, 'International law also performed a critical role in providing a normative bridge between the spiritualist pretensions of the Middle Ages and the statist pretensions of the Modern Era'. They also produced moderating normative procedures as shared guidelines during the collapse of spiritual unity.
A useful role for the international lawyer is to clarify the normative drift and 'the array of plausible options'. Thereby a preferred option based on human wellbeing and 'bioethics'5 could become probable if credible strategies and tactics were discovered.
In the transition a confused 'aperspective'6 world of choice is open. The first step is the reshaping of an 'integral consciousness'7 in a holistic direction. This derives inspiration from an ethical position of human solidarity in a context of material scarcity. The way is prepared for the paradigm-shift from statism to globalism. For an Inma one might parallel a movement away from the socialism-capitalism conflict to the cooperation of humane mutualism. 'We are now confronting a new transition that includes a return to the defining attributes of the medieval concept of world order - central guidance and non-territoriality. Of course the reversion is occurring in a totally altered global setting'. This is characterised by 'the dominant integrationist thrust of contemporary issues'. For the integralist mutual self-guidance may rather be suggested as global yet personal, and based on a faith in human harmony. 'Central guidance' may well be a distant event.
During the 'period of consciousness-raising that is now seriously getting underway' statist geopolitics is a necessary 'minor premise' to avoid breakdown of the state system until widely shared understandings can offer historically plausible global guidance options. Meanwhile and into the future, the 'prime world order imperative . . . is ecological, in the broadest sense of interdependence amid scarcity (and) future synapses of transition' must be non-territorial global bargains of survival.
At the same time 'utopography' provides models, which normative realists can experiment with as transitional strategies. These can be implemented in naturally occurring model areas providing INMAs for evaluation and support by global theorists and researchers.
With 'sovereignty, the root disabling attribute of the world order system' a visionary though not utopian politics of transition may be the task of normative realism.
The complementary development of what may be perhaps termed normative empathy and compassion or humane realism, emphasises the apolitical humanitarian norms of alternative law. The rural communes groping towards norms of cooperation and mutual regard could be building this presently 'non-legal' law. It is submitted that this moral and aesthetic normative system is essential to any possible political legality arising.
The 'mobility of ideas, people, things and the universality of holistic imagery of the earth' excludes the long term survival of territorial parochialism even without the changes of war. Paradigm-shift may well then be in the context of largely peacetime pressures.
The lawyer (eds.: presumably, 'Falk') prefers an intermediate form of central guidance involving 'a net increase in the capacity for global administration'. This option includes tendencies for 'centralisation of function control and planning to enable equitable allocation of scarce resources and decentralisation of political structures combined with localisation of identification patterns.'
Four types of world order options are discussed and illustrated. Each of these constructs is examined according to its normative orientation and structure of implementation (leverage).
They are appraised from these perspectives:
1. Attainability - plausibility of achieving sufficient structural leverage.
2. Desirability - concordance of likely operation with value priorities.
3. Durability - likelihood of stable global result.
The four types of option are:
· World Government (Clark - Sohn plan)
· Concert of Great Powers (Nixon - Brezhnev design)
· Corporate Elites (Trilateral Commission)
· Global Populism (World Order Model Project)
The utopian lack of transitional strategy of option A and its general unrealism warrant little comment. Option B as discussed elsewhere8 is a statist 'law and order' central guidance of enormous moral and ecological cost. Option C is illustrated by David Rockefeller’s Trilateral Commission of U.S., European and Japanese business ultraelite. Though conservative and 'not concerned with globalist solutions based on the interplay of peace and justice considerations' it is important because it has structural leverage, i.e. a forbidable transition capacity, aimed at a transnational 'business-man's peace' backed by repressive police powers of subordinate territorial politics. Its geoeconomic ideology and organisation structure is the greatest challenge to the power of the nation-state since the Roman Catholic Church began to decline in the 15 Century.
Transnational geoeconomic power is regarded by the normative realists as the most dangerous to the development of an ultimate humane and just system, and therefore to be actively opposed. It may be suggested that here, the role of organised labour, and the global cooperation of unionists, is of prime importance.
From the viewpoint of an Inma, alternative transnational economic corporate structures need to be developed. Tentatively the following suggestions under consideration by one small proprietary company may be submitted9.
1. All members of the corporation have shares in it while they work for it.
2. All are voting members.
3. Voting power is in decreasing proportion to shareholding.
4. Share holding is in proportion to salary.
5. There are no non-employed shareholders. However, there is a dividend ratio fund for present founding members.
6. Fifty percent of profits go to transnationally oriented humanitarian and charitable organisations.
7. If and when multinational status is reached, the above clauses would equally apply in all countries.
8. Until the achievement of clause (7) 50% of profits in taxing overseas countries to go to clause (6) organizations chosen by a multicultural, and transnational committee of which half the members were from the country under consideration and themselves represented clause (6 ) type organizations.
9. Profits returned to Australia from non-taxing countries to be included in clause (6 ) profits, but distributed globally, to disadvantaged and developing regions.
Such a geoeconomic model is merely one of many which must be experimented with to compete with the highly hegemonial 'cosmocorp'.
Option D requires a structural relevance based on the four value positions of peace, economic equity, social and political justice, and ecological balance. Such an option must have a credible strategy of transition consistent with historical constraints to contribute to changing consciousness. As to option D advocates, it is believed that 'they have a superior understanding of the historical situation and an authenticity arising from their powerlessness; the fact that their line of recommendations appears to have the best insight into the wellbeing of. the human species and the viability of the planet is also a source of political and moral strength'.
A genuine alternative problem-solving paradigm is seen in Myers McDougal's concept of world public order based on human dignity. Despite its present application in statist terms there is a receptivity to ecological and futurist concern. In fact McDougal's personal political conservatism helps hide the subversive anti-statist message - 'The message is helpfully disguised by the medium'. But that message has to do with 'a processive, value-oriented approach to norms that are appraised by reference to global criteria'. As a new paradigm of international legal studies it must be related to 'the agenda of concrete problems facing the human community.
The World Order Models Project attempts to carry what one may call McDougal's anatomical and structural approach to process toward a more problem-solving and value priority functionalism.
This design involves the conceiving of a three-stage transition process (T1-T3 ):
Tl = Consciousness-raising in national Arenas
T2 = Mobilization in Transnational Arenas
T3 = Transformation in Global Arenas
This results in construction of a Non-territorial Guidance mechanism based on a global social contract. The new system is based on the performance criteria (V1 - V4) of peacefulness, economic equity, social and political dignity and ecological balance. The political organs have tripartite representation; peoples, Non-government Organizations and governments. Surely one would here add a fourth representation of individuals by global voting.
'On the level of bureaucratic presence and loyalty attachments there is envisioned by the end of T3 an outward mutation in terms of central guidance and an inward mutation in terms of localism and subnational autonomy, and participatory relevance'
The described emergent central guidance paradigm for international legal studies included:
This orientation to the juridical implications of the paradigm-shift suggests subject-matters ripe for useful analysis:
The global transition model of the normative realists has emphasised a credible transition strategy in the move towards a more peaceful and just world. However it is necessary to make such a strategy both meaningful and feasible to persons and groups, and to underpin that world level analysis with relevant application to individual communities. An attempt will be made to do this in an Australian context by presuming the creation of an Inma in North Queensland.
It is submitted that T1 consciousness-raising, Tl (C - R) would occur firstly among the most disadvantaged of the area, including the Aborigines. Thus human relations groups on a live in basis could assist both the growth of solidarity and personal freedom of expression amongst such persons. In initial experiences along this line the release of fear and resentment against whites has led to a level of understanding and mutual trust both within the aboriginal members and between them and white members10. A mutual awareness of humanness leads to the development not of a 'social contract' but rather of a community agreement. In legal terms a legally enforceable social contract may be contrasted with a morally enforceable, and perhaps in future a cogent humane law agreement.
The next step could be focussing their activities on the Inma. This would be accompanied by widespread T1 activities in the Inma, conducted largely by those trained by previous groups.
Aborigines from all over Australia and overseas visitors would be involved as has begun. Over a number of years the indigenous population of the Inma would be increasingly involved, both black and white.
Co-existing with later T1 activity is a relatively brief C - R program with the more reformist humanitarian members of the national community, i.e. largely based on self-selected members of the helping and caring professions plus equivalent other volunteers. However their C - R is mainly aimed at realising the supportive and protective role they can play nationally, in guaranteeing the survival of the Inma beyond their own lifetimes, rather than trying to persuade them actually to join it by migration. (eds: The words 'them actually' is the best fit - this segment of the sentence was difficult to decipher on a poor copy)
T2 has two subunits:
T2 (a) commences with the mobilization of extra-Inma supporters nationally.
T2 (b) moves to the mobilization of transnationals who have completed T1 (C - R) in their own continents. That mobilization is of two fundamentally distinct types:
T2 (b)(i) mobilization of those who will come to live in, visit, or work in, the Inma.
T2 (b)(ii) mobilization of those who will guarantee cogent normative, moral and economic support combined with national and international political protection for its survival.
By T3, the effects of T1 and T2 have largely transformed the Inma, which is now a matured multipurpose world order model.
Its guidance and governance will be non-territorial in the sense that it extends from areal to global.
Politically it is territorial, economically it is largely continental; in the humanitarian or integral sense it is continental for Aborigines and partly so in other fields, but it is largely global.
T3 for the Inma is then nearing completion, while its ex-members who have returned to their own continents are moving these regions towards the closure of T1, the peak of T2 and the beginning of a global T3. This is perhaps 50-100 years away. By the time of the peak of global T3 humanitarian consensus provides the integral base for development of a world nation-state of balanced integrality and polity. World phase completion could perhaps be 200 years away.
With regard to the integral value systems of the Inma, the normative realists list may be re-arranged thus:
V1 - peacefulness
Thus peacefulness and harmony with both humans and nature is dominant over economic and political values. The cultural mutation in that sense is primary, the economic and political secondary.
However from the aboriginal point of view, V2 and V3 are somewhat primary over V1 and V4 thus their mutation is both through the technological and humane era at the same time. V4 is of particular relevance to the Inma. The so called 'Human Environment Revolution' is a growing ethos of alternative persons and youth in Australia. Part of its ethic may be stated thus: 'Not until there is health and harmony in all our landscapes can there be humanity and common sense in the society of man'11. Their concern is with man cooperating with the amenity of Nature rather than in opposition to it. They wish to 'build an environment of humanity and healthy balance as a demonstration of living' and the only way to solve 'the problems of the sick landscape or the inhumanity of society'.
Thus their ethos involves an ecasocial unity related to the normative realists' 'ethics of global concern'.
Three types of positive Futures have been distinguished as normatively realistic:
By the end of Inma T3 its own survival will be long since guaranteed. Its development will be well advanced both in terms of governance and of economies. Economic development is essentially towards a balance of exploitation and conservation, with recreation of renewable resources. Wide diffusion of economic well-being and economic influence counters its power centralization. Shared ownership and control of production and distribution of economic resources works this diffusion.
Transcendence could be flourishing in the Inma towards the elaboration of new global integration symbolic ritual. Multicultural global art, ceremonial and interpersonal rituals would be in continuous experimentation. Ultimate global spiritual and aesthetic values, norms and symbols would grow from this continuing transcendental experimentation.
Turning to the ethics and ideology of Inma people; it is axiomatic that for a life-style and value mutation to occur in an area such territory needs to be in a unique combined global, continental, federated state and local marginality. Globally it needs to be junctional between East and West12 at least geo-graphically and in historical potentiality. At the same time at all levels it needs to be sufficiently distant from the centres of culture and power to be unnoticed, unimportant and autonomous.
Thus in ideological terms it is believed that Buddhism grew at the junction of North Indian decline, with the changing Aryan culture. Christianity, an integrative 'love' ethos flourished in reaction against, and at the margin of a decaying Roman military Empire and an already decayed and withdrawn post-Gupta Indus Valley Empire and its Persian Gulf outposts. More violently Islam blossomed between the exhaustion of the Turkish Empire of the time in its incessant and continuous conflict with the West.
At a subcontinental or national level the unified state of China arose as did much of Chinese innovation, on the lower Western foothills of China. This is at the junction of the largest alluvial plain in the world, with the drier less predictable hinterland. Thus the surrounding nomads and the settled agriculturalist clashed and created cultures. That classical structure, the Great Wall and the many lesser walls of China run geographically along the exact isohyetals dividing the areas in which crops were not certain and safe, from the regular rainfall of the core Chinese agricultural states.
The ethical and moral Taoist theory of governance and its contrasting revolutionary Confucian idea of administration based on merit and examinations, arose from the anarchy and bureaucratic imperatives of the vast Chinese plain, during the period of the Warring States. Tao is integrative, democratic and humane, Confucian organization is differentiated, hierarchical and rational. Both were needed for that vast step forward to a unified subcontinental state, the Central Kingdom. Both great protagonists Lao Tzu and Confucius moved as nomadic, margin men between the many states. The osmosis of Lao Tzu absorbed and synthesised the needed ethos. Confucius worked as a bureaucrat in many of the states, and drew his creative conclusions. Yet neither was a ruler of his time.
Again at a later and national level Mao Tse Tung's final political and economic syntheses and successes originated at the junction of Russian and Chinese culture in Shenshi. Here was a revolution not in the cultural sense, but more in the techniques of industrializing a subsistence society. He was an economic and political revolutionary primarily. His creative voluntarism mobilised a majority oppressed by authoritarian war lords. But culturally, he is a classicist. He has purified Chinese culture not revolutionised it. Even his poems are in the classical style.
At the level of geopolitical technique he excelled. In 1954 he wrote:
o Revolutionary activity should be concentrated in areas of previous political or revolutionary activity.
o Political stability at both the local and national level should be weak or lacking
o The location must have access to major political targets.
o Zones of weak or confused political control provide ideal havens. Such zones are usually at the confluence of several provincial or national boundaries.
o Terrain must be favourable for military operations.
o In so far as possible the areas must be economically self-sufficient.
Once established, the base should not be abandoned except under the most critical of circumstances'13. Mao thereby spelt out the marginality techniques of political revolution. These were pursued in relation to intra- and international marginal zones in McColl's article in an effort to define areas to be preempted by the U.S.A. in preventing revolution.
At an individual level, perhaps the following graphic description best summarises of the marginal person. 'Individuals whom life casts into the interfaces of social change go because they must, because they hurt, and because they believe. There are inexorable movers and shakers as well as the pawns of history'.14 The preceding outline of revolutionary movements reminds one that factors of history and geography are basic. Political and economic factors then circumscribe and implement utilitarian revolutions. However for a humanitarian mutation, empathic, ethical and aesthetic charisma is of the essence. It is the integral system that circumscribes and implements such change, not the utilitarian.
Thus in Mao's writing one might substitute 'cultural' for 'political', and in clause (5) for 'military'. Also the various territorial levels, from global to personal must be propitious in humane rather than power terms.
Is a 'distinct human unit', an Inma 'entity',15 plausible at this time? Is it credible for North Queensland, Australia?
It is submitted that a new law-making 'Church' is the Red Cross at the global level. It seems in relative equilibrium with a new 'State', the United Nations. Humanitarian law is in the ascendance in relation to the disarray of utilitarian law. The exquisite inconclusiveness of the Law of the Sea Conference at Caracas Venezuela, 1974 perhaps illustrated this. By contrast mediational law16 is more influential than for centuries. Decentralised horizontal law challenges positivist autocratic vertical law17. Culturally Australia is an infant. It is the outpost of a static European culture separated from its cultural source by a resurgent Asian ethos - and Papua New Guinea statehood. It is caught between East and West, North and South. Regionally it is influenced by and attracted to the Association of South-East Asian Nations (A.S.E.A.N.). This body is less than a decade in existence18 was initiated in 1967 by Indonesia, still its main driving force. Of regional organisations it has been exceptional. Its aims are fundamentally humanitarian. It is concerned with educational and cultural exchange; and with mutual assistance and cooperation in development projects. It has studiously avoided power politics or any connection with defence alliances or military-oriented bodies such as SEATO. In fact, so far (1974) there has been no conference on defence or military aspects held by ASEAN; though this may change this year19. Parliamentary cooperation also may develop20, while relief of economic shortages by mutual cooperation is being considered.21 The announcement that 'A.S.E.A.N. - Australian economic cooperation has taken off at a fast pace (by) Australia's acting High Commissioner'22 in Kuala Lumpur indicated an economic approach to Australia. Nevertheless the core unity of ASEAN is essentially socio-cultural. Thus large numbers of teachers have been sent to Malaysia from Indonesia, while artistic exchange is frequent. The cultural and educational influence and support of ASEAN would be invaluable and plausibly forthcoming to an adjacent Inma in North Australia.
The racial, cultural and community affinities of Torres Strait Islanders and others with Papua New Guinea are obvious. Cultural, not to mention informal migratory exchanges are increasing. For example one ex-West Irian leader has explored the geography of the region, resulting in enlightened comments.
At the intra-national level North Queensland is more distant from Canberra than from its Melanesian and Asian neighbours. This even applies intra-state with the extra-ordinary geography of Brisbane at the extreme Southern end of the state. Regional offices of government and in fact all bureaucracies are growing by force of distance.
From the preceding description it would appear plausible that an Inma could find the necessary pluri-level marginality, autonomy and potential balance of influences in the region discussed. The other side of the change, an economic and political infrastructure, may now be referred to.
It is submitted that the essential prerequisite to financial and political support for the Inma could be a political polarisation between South Queensland power and the Australian Government. North Queensland Self Government would then become useful Common-wealth tool to use against Brisbane.
In an initial crucial group, Aborigines, the then Minister for Aboriginal Affairs announced in September 1974, that moneys previously directed through the Queensland State Government would from now on go directly to Aboriginal organisations.. He stated that the more money given to the state, the worse the Aboriginal position was becoming.
At about the same time the Australian Government announced a legislative intent to give Queensland's Aborigines ownership of their settlements at then under State control. This was claimed by the Premier of Queensland to be unconstitutional, and may well lead to a High Court suit.
Thus as the political crisis grows the North Queensland Self-Government League's activities have gathered a steadily more cogent normative influence. In August 1972, its Steering Committee completed and placed before the Queensland Premier a quarto booklet of 38 pages as a submission for an independent state within the Federation23. Not surprisingly no action has yet been taken by the State Government. However statistics separately published on the Northern Division of Queensland by the government are now no longer available. In 1972 the then chairman of the League, a University Professor, told the Charters Towers Chamber of Commerce that: 'The economy of North Queensland and that of the remainder of Queensland are now so neatly balanced that self-government for the North can be affected without disturbing the relations of either territory with the other'24. With an area of approximately 700,000 kilometres, the region has a population of 335,000 people. These are more evenly spread than any other area in Australia. The Steering Committee was stated to have recommended a Parliament of 30 members in a single House with a Cabinet of 7. Ministries would be decentralised in the five major towns in the area.
Economically in all sectors bar the 'tertiary', the areal productivity and profitability is greater than South Queensland. Annual consolidated revenue of the whole state was $564,000,000 in 1971-72, i.e., $309 per head. Separating out the proportionate Inma revenue the results give $349 per head. Thus the Inma on separation would have an immediate benefit of $40 per head.
As a first step a parliamentary Committee of Inquiry with Royal Commission powers was recommended. Later, an Inma referendum is to be held to ascertain the people's wishes.
The Committee was to consist of three; one nominated by the Queensland government one by the Commonwealth and one by the League. It is submitted that instead, the Australian government could be approached. An Inquiry and Referendum Commission of four is suggested. The additional member would be an aboriginal representative, resident or born in the Inma and nominated by the National Aboriginal Consultative Committee, perhaps in its self-chosen National Aboriginal Council role.
Even if no Queensland government representative were nominated the Commission could proceed with fact finding and research surveys. It could also conduct an Inquiry on Aboriginal autonomy in the area.
The present impasse between the League and the State government would strongly motivate the former to consider alliance with the Aborigines. The similar State-Federal impasse could motivate the latter to support a new state movement, if merely to embarrass the present Queensland regime. This could happen without any initial belief in the success of a new state movement.
As to the legal system in the Inma, it seems clear that on a multicultural basis, a minoritarian constitution is necessary. By giving specific representation to different racial, ethnic and other groups it has an equalizing effect.
Again the question of a dual constitution must be considered. Principles of humanity and those of utility could be separated. The constitution would build on the steps taken by India, Pakistan and Burma25. The initial step of creating humanitarian 'directive principles of state policy' as a separate Part of the Indian Constitution are of great significance26. Being 'fundamental to the governance of the country',27 they embody the objects and aspirations of the state and guide its law-making activity. Constitutional Human Rights are another area of consideration, and like all laws in a multicultural community will require wider conceptualization in social context. Again, choice-of-law criteria require a broad basis of experience in different legal systems28. In this regard the experience of Lawasia is unique. Formed in 1966, by 1969 it had about 1300 individual lawyer members from about 20 countries in the Asian and Pacific region29. A consultative committee of this body could be invaluable, in the legal structuring of the Inma. Ultimately Lawasia might assist in the development of a humane multicultural court. The circuit concept of domestic law could be internationalised to provide an international pool of judges. Such persons from cultures or countries represented by ethnic inhabitants in the area could be invited to become visiting members of the court, and active at least on cases involving their own ethnic issues. This would be rather like the use of a national judge of each party concerned, in the International Court of Justice (I.C.J.)
Again ex-judges of the I.C.J., known for their particular humane and global values such as is Tanaka J. of Japan30 could be employed in Full Court cases. Likewise judges of specialised skill, or suitable academics such as Professor Hahm of Korea31 could be used as visiting judges if they were so willing. Past members of the International Law Commission could also be approached Certainly, if one were to pursue the obedience of international humanitarian norms, especially in relations between Inma and the South Queensland, Australia or Papua-New Guinea governments, the use of a multicultural court would be advisable. Thus may a 'domestic' court convert ideals of humanity and of justice into normative realism32. Lawasia might assist greatly in the development of such a multijural court even to nomination and selection of members. There is yet a further opportunity if the multijural court came into existence. Such an institution could offer a service to all types of disputants, individual, corporate or state in the Asia, Pacific and Australian region. Unlike the International Court of Justice it would not be shackled to inter-state disputes only, and could itself become a valuable model for study and evaluation.
It may be noted that in terms of Aboriginal economic development and autonomy multi-lateral finance resources might be tapped.
The Asian Development Bank (A.D.B.) is the main regional resource. It was conceived by the U.N. Economic Commission for Asian and the Far East (ECAFE) and is located in the region33. About 60% of its capital is subscribed by 22 regional countries, and 8 of the 12 Directors come from its area. Membership includes Indonesia, Papua-New Guinea and Australia.
The A.D.B. is an international development finance institution established for objectives which include:
o To promote investment in the ECAFE region of Public and private capital for development purposes.
o To utilize available resources for financing development....
o To cooperate with...national entities whether public or private...
The lending activities of the A.D.B. include direct loans to both public and private entities and enterprises operating within its developing member countries, but it does not finance any undertaking in the territory of a member if that member objects to such financing. Technical assistance is also given, and Special Funds independently administered include an Agricultural Special Fund, a Multi-purpose Special Fund and a Technical Assistance Special Fund.
Application might perhaps be made by the Aboriginal Assembly representing all Aboriginal interests in the Inma. For example the Aboriginal Cooperative Ltd. owns property South of Cairns. A request to assist the development of an Agricultural Training Centre could be in line with the type of project the A.D.B. supports.
Thus failure of support by an Australian government might result in an application by Inma as an Associated State of Australia. As a developed country, the latter would not receive a loan, but Inma Aborigines would argue that they are a disadvantaged developing people within the Territory of a Member of the A.D.B. The minimal result might well be considerable U.N. and A.D.B. influence, moral and economic, on Australian financial sources to make major assistance available.
Finally reference might be made to the recently formed Islamic Bank. An ethnic group of Indonesians or other Moslems in the INMA might well warrant an approach to such an organisation at some future date.
Some of the structural possibilities of an Australian Inma have been examined in this essay. Whether the requisite paradigm-shift will activate these opportunities and whether a true cultural mutation can germinate, remains to be seen.
1 Falk, R. A., 1974. Law and National Security: The Case for Normative Realism Utah Law Review., No. 1, p.25 at 34.
Yeomans P. A. 1971. The City Forest: The Keyline Plan for the Human Environment Revolution. Keyline Publishing. P. 10.
16 Carlson, J. & Yeomans, N., 1975 Whither Goeth the Law - Humanity or Barbarity, in The Way Out - Radical Alternatives in Australia Eds. Margaret Smith and David Grossley, Melbourne: Landsdowne Press, p. 155