Love and Aliens
By Gavin Choong
Since settlement, policies concerning the dispossession and assimilation of Indigenous Australians have caused much pain and suffering. The latest blow is a current case before the High Court of Australia, with the government suggesting Indigenous Australians may still be classified as ‘aliens’ before the law in spite of the ‘spiritual connection’ they share with country. By uncovering a First Nations’ perspective on topics ranging from the creation of the universe to coastal flooding and lunar tidal patterns, we begin to realise how profound this spirituality is, and why it must be recognised by the Australian legal system.
Edited by Khoa-Anh Tran and Niesha Baker
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Illustrated by Ravon Chew
Neither Daniel Love nor Brendan Thoms were Australian citizens, but they were both recognised as First Nations Australians by law. Under legislation, “aliens” who commit crimes with a sentence of over a year may be removed from the country. (1) Due to their non-citizenship, the then Minister for Home Affairs Peter Dutton classified these men as aliens and tried to deport them after they were convicted of serious crimes. This attempt failed. The High Court of Australia ruled, in the hotly contested landmark decision of Love v Commonwealth, that Indigenous Australians could not be considered aliens under Australian law because of the “spiritual connection” they hold with the lands and waters of the country we live in. (1) Effectively, this barred the
deportation of Love and Thoms but also sent astronomical ripples through the fabric of our nation’s legal framework.
This year, major challenges to the decision made in Love v Commonwealth have arisen. Of the arguments put forward, some protest the judicial activism of the judges – that is, them going above and beyond written law to produce a fairer ruling. For example, many contend the term spiritual connection bears no actual legal meaning. However, with a history dating back upwards of seventy-thousand years, two hundred and fifty languages and eight hundred dialects, complex systems of governance, deeply vested religious and spiritual beliefs, and a profound understanding of land, it would be ignorant to argue this rich culture should simply be disregarded in the face of the law. This article adopts a scientific lens and delves into an empirical basis for the spiritual
connection Aboriginal Australians share with country, traversing from Dreamtime to spacetime and beyond.
THE DREAMING: FROM NOTHING, EVERYTHING
From nothing came everything. Nearly fourteen billion years ago, a zero-volume singularity held, tightly, all the energy, space, and time from our current universe. In the moment of creation, temperature and average energies were so extreme all four fundamental forces which shape the universe, as we know it, acted as one. Cosmological inflation followed, allowing for exponential expansion and rapid cooling. Within a picosecond, the four fundamental forces of nature – gravity, electromagnetism, weak interactions, and strong interactions – emerged independently. These forces interacted with matter, resulting in the formation of elementary particles now coined quarks, hadrons, and leptons. For twenty more minutes, elementary particles coupled to form subatomic particles (protons, neutrons) which in turn underwent nuclear fusion to create simple early atoms such as hydrogen and helium.
From nothing, came everything. In an eternal present, where there had once been flat and barren ground, Ancestral and Creator spirits emerged from land, sea, and sky to roam the Earth. As they moved, man and nature – mountains, animals, plants, and rivers – were birthed into existence. Once these spirits had finished, instead of disappearing, they transformed into the world they had created, existing in sacred sites such as the night sky, monolithic rocks, and ancient trees. The Dreaming is a First Nations peoples’ understanding of the world and its creation. Importantly, it is an event which cannot be fixed in time – “it was, and is, everywhen,” continuing even today. Countless retellings have caused Dreamtime tales to diverge slightly, leading communities of Aboriginal Australians to identify with different variations of similar stories. (2) These fables refer to natural worldly features and sacred sites, whilst also incorporating favourable values such as patience, humility, and compassion. An example is the tale of the Karatgurk, told by the Wurundjeri people of the Kulin nation, about seven sisters representing what we now consider as the Pleiades star constellation. (3)
The Karatgurk
These seven sisters once lived by the Yarra River, where Melbourne now stands. They alone possessed the secret of fire, carrying live coals at the end of their digging sticks. (Crow ("trickster, cultural hero, and [another] ancestral being") called the sisters over claiming he had discovered tasty ant larvae. (3) The women began scouring, only to find viscious snakes underneath the dirt which they beat using their digging sticks. As they did so, the live coals flew off and were stolen by Crow who brought fire to mankind. The Karatgurk sisters were swept into the sky, with their glowing fire sticks forming the Pleiades star cluster.
In theory, the extreme physical reactions occurring minutes after the Big Bang, paired with hyper-rapid cosmic inflation, should have resulted in a completely homogeneous universe with an even distribution of all existing matter and energy. Cosmological perturbation theory explains, however, that micro-fluctuations in material properties create gravitational wells resulting in the random grouping of matter. These aggregations formed the first stars, quasars, galaxies, and clusters throughout the next billion years. It took, however, another ten billion years for the solar system to form. Similar to Saturn’s planetary rings, the early Sun had its own rotating, circumstellar disc composed of dust, gas, and debris. According to the nebular hypothesis, over millions of years, enough particulates coagulated within the Sun’s spinning disc to form small, primordial planets. Early Earth was a hellish fire-scape as a result of constant meteoric bombardment and extreme volcanic activity. The occasional icy asteroids which collided with Earth deposited large amounts of water, vaporising upon contact – as our planet began to cool, these gaseous deposits condensed into oceans, and molten rock solidified into land mass.
In the blink of an eye, early traces of modern humans fluttered into existence at the African Somali Peninsula. They were a nomadic people, travelling westwards and then north through modern day Egypt and into the Middle East. Ancestral Indigenous Australians were amongst the first humans to migrate out of Africa some 62,000 to 75,000 years ago. While other groups travelled in different directions filling up Asia, Europe and the Americas, ancestral Indigenous Australians took advantage of drastically lower sea levels during that time to travel south, as, back then, mainland Australia, Tasmania, and Papua New Guinea formed a single land mass (Sahul) while South-East Asia formed another (Sunda). In spite of this, the wanderers still had to possess the requisite sea-faring skills to traverse almost ninety kilometres of ocean. When the last ice age ended 10,000 years ago, rising waters from melting ice caps covered many of the terrestrial bridges early humans had once journeyed over. This severing allowed Indigenous Australians to foster culture and tradition in their very own passage of time, uninterrupted and independent until a British fleet of eleven ships approached Botany Bay thousands of years later. Significant parts of Australia’s coast were also submerged due to ice age flooding. As coastal Indigenous Australians observed this phenomenon, they recognised its significance through their tales. The Gimuy Walubara Yidinji, traditional custodians of Cairns and the surrounding district, are one of the many groups which reference coastal flooding in their geomythology.
Gunya and the Sacred Fish
Gunyah, who had lived on Fitzroy Island, went out to hunt for fish one day. Spotting a glimmer in the water, he plunged a spear towards it only to find he had attacked the sacred black stingray. The stingray beat its wing-like fins, causing a great, unending storm. Gunyah fled from the rapidly rising sea and managed to find refuge in a clan living on the cliffs of Cairns. Together, they heated huge rocks in a fire and threw them far into the sea. The pacific was once again pacified, and the Great Barrier Reef created.
Isaac Newton proposed, in Principia Mathematica, that the strength of the force of gravity between two celestial bodies would be proportional to both of their masses. At the beginning of the twentieth century, Albert Einstein refined this concept with the theories of Special and General Relativity. His mathematical models suggested time and space were woven into a four-
dimensional canvas of spacetime, and the presence of massive objects such as black holes and stars created gravitational wells which distorted spacetime. Within these distortions, bodies closer to large masses would conceive time and space differently than those further away. This unique phenomenon, for example, means astronauts living onboard the International Space Station age fractionally slower relative to us grounded on Earth. Einstein was also able to find that as the velocity of any given body increased to that near the speed of light, it would gain an almost-infinite mass and experience a drastically slowed perception of time relative to their surroundings. These once inconceivable findings had monumental implications in the sphere of theoretical physics, with two examples below. (4, 5)
Dark Matter
‘Visible’, baryonic matter humanity is familiar with makes up less than a fifth of the known universe, with a hypothetical ‘dark’, non-baryonic matter comprising the rest. Dark matter lies between and within galaxies, driving baryonic matter to aggregate, forming stars and galaxies. As it cannot be detected using electromagnetic radiation, gravitational lensing provides the strongest proof of its existence.
Gravitational lensing occurs when there is an interfering body between us, here on Earth, and a given target. As per Einstein’s relativity, the interfering body has mass which will bend space and therefore distort the image we receive of the target. There exists a mathematically proportional relationship between mass and distortion – the more massive an interfering body, the greater the distortion. Scientists performed calculations but found that the levels of distortion they observed correlated to masses much greater than that of the interfering body. Dark matter accounts for this invisible and undetectable missing mass.
String Theory
At its core, quantum physics deals with interactions at the atomic and subatomic level. This body of work has borne unusual findings – including that light can act both as a particle and wave, that we may never identify a particle’s position and momentum simultaneously with complete certainty, and that the physical properties of distant entangled particles can fundamentally be linked.
On paper, however, there has been great difficulty reconciling quantum physics with relativity theory, as the former deals with interactions which occur in “jumps…with probabilistic rather than definite outcomes”. (4) String theory, however, seeks to settle this tension by proposing the universe is comprised of one-dimensional vibrating strings interacting with one another. This theoretical framework has already bore fascinating fruit – it has been hypothesised that the universe has ten dimensions (nine spatial, one temporal) and during the Big Bang, a “symmetry-breaking event” caused three spatial dimensions to break from the others resulting in an observable three-dimensional universe. (5)
On 21 September 1922, astronomers in Goondiwindi, Queensland, used a total solar eclipse to successfully test and prove Einstein’s theory of relativity. Aboriginal Australians present believed they were “trying to catch the Sun in a net”. (6)
Western academics were far from the only ones who sought to explain natural phenomena. From the ancient Egyptians to Japanese Shintoists and South American Incas, many civilisations of the past revered the Sun and Moon, having been enthralled by the two celestial bodies. Indigenous Australians were one such people, wanting to understand why the sun rose and set, how moon cycles and ocean tides were related, and what exactly were the rare solar and lunar eclipses. Such occurrences had a mystical property about them, reflected in a rich collection of traditional tales which looked to illuminate these astronomical observations. (7)
Walu the Sun-woman
Told by the Yolngu people of Arnhem Land, Walu lights a small fire every morning to mark that dawn has arrived. She paints herself with red and yellow pigment with some spilling onto the clouds to create sunrise. Walu lights a bark torch and carries it across the sky from East to West, creating daylight. Upon completing her journey, she extinguishes her torch and travels underground back to the morning camp in the East. While doing so, she provides warmth and fertility to the very Earth surrounding her.
Ngalindi the Moon-man
Told by the Yolngu people of Arnhem Land, “water fill[s] Ngalindi as he rises, becoming full at high tide”. (6) When full, he becomes gluttonous and decides to kill his sons because they refuse to share their food with him. His wives seek vengeance by chopping off his limbs, causing water to drain out. This is reflected by a waning moon and ebb in the tides. Eventually, Ngalindi dies for three days (New Moon) before rising once again (waxing Moon).
Bahloo and Yhi
Told often by the Kamilaroi people of northern New South Wales, Yhi (Sun-woman) falls in love with Bahloo (Moon-man) and tries to pursue him across the sky. However, he has no interest in Yhi and refuses her advances. Sometimes, Yhi eclipses Bahloo and tries to kill him in a fit of jealously, but the spirits holding up the sky intervene allowing Bahloo to escape.
In 1788, British colonists prescribed the fictitious doctrine of terra nullius which treated land occupied by Indigenous peoples as “territory belonging to no-one,” susceptible to colonisation. (8) It is apparent, however, that Indigenous Australians did and still do belong, having a greater, more unique, and nuanced relationship to our lands and waters than we can ever hope to have. This article shows that as detailed and prescriptive our modern scientific understanding is, First Nations peoples will have an equally if not richer perspective, woven through their stories, languages, and practices.
To argue that the spiritual connection Indigenous people share with country is not recognised by law would be wilfully making the same mistake our early settlers made two and a half centuries ago. It would be allowing the continuance of intergenerational trauma and suppression. For those reasons, despite the assertive legal challenges being brought against Love v Commonwealth, its judgement must be upheld.
References
1. Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3.
2. Stanner WE. The Dreaming & other essays. Melbourne (AU): Black Inc.; 2011.
3. Creation Stories [Internet]. Victoria: Taungurung Lands & Waters Council [cited 2022 Apr. Available from: https://taungurung.com.au/creation-stories/
4. Powell CS. Relativity versus quantum mechanics: the battle of the universe [Internet]. The Guardian; 2015 Nov 4 [cited 2022 Apr 17]. Available from: https://www.theguardian.com/news/2015/nov/04/relativity-quantum-mechanics-universe-physicists
5. Wolchover N. String theorists simulate the Big Bang [Internet]. Live Science; 2011 Dec 14 [cited 2022 Apr 17]. Available from: https://www.livescience.com/17454-string-theory-big-bang.html
6. Hamacher DW. On the astronomical knowledge and traditions of Aboriginal Australians [thesis submitted for the degree of Doctor of Philosophy]. [Sydney]: Macquarie University; 2011. 139 p.
7. Mathematics, moon phases, and tides [Internet]. Melbourne: University of Melbourne [cited 2022 Apr 17]. Available from: https://indigenousknowledge.unimelb.edu.au/curriculum/resources/mathematics,-moon-phases,-and-tides
8. Mabo v Queensland (No 2) [1992] HCA 23.