Rethinking Cultural Genocide: Aboriginal Child Removal and Settler‐Colonial State Formation

Abstract

ABSTRACTThis paper examines the use of the concept of cultural genocide to understand one particular episode in Australian legal, political and social history, the removal of Aboriginal children from their families, mostly during the 20th century. After outlining the approach of Australian courts to the idea of cultural genocide, the paper examines the construction of the UN Genocide Convention, particularly the clause concerning the forcible removal of children, which illustrates the underlying instability of the boundary between a cultural and a physical understanding of genocide. It then explores how this instability was manifested in the development of early 20th century Australian legislation concerning the ‘protection’ of Aborigines, indicating the underlying racially‐oriented coerciveness of conceptions of Aboriginal ‘welfare’, and concludes by reflecting on the wide range of ways in which the concept of genocide can and should be used, especially in capturing the experience of Indigenous peoples under settler‐colonialism.