A photo showing the Venus of Wilendorf — a small ancient stone statue depicting a round human with a rounded belly and breasts.

NONFICTION, CRITICAL ESSAY

No Cession

Indigenous trans people have always been, are, and will be.
Proof is not required.

No Cession

Indigenous trans people have always been, are, and will be. Proof is not required

Sandy O’Sullivan
no. 7, The Nonbinary Issue
Summer 2022

In my language we say Yindyamarra Winhanganha — Wiradjuri Elders have translated this central ethos into English as, “the wisdom of knowing how to live well in a world worth living in,” and it acts as a tether for our relationships to each other and to the world. As a trans/non-binary Aboriginal person in their late 50s, that ethos requires me to do anti-colonial work, to challenge the colonial project of gender (and everything else), and to resist the reductive containment of colonial rule. As with Yindyamarra Winhanganha, the answer to how we do this work is why we do this work. 

There has been no cession with the colonizer. No treaty, no agreement. We assert our sovereignty in spite of that, by making our world a place worth living in and inhabiting it through our complexities.  

My sibling, writer and Indigenous researcher Dr. David Hardy, died this year at the age of 62. In 2015, he wrote Bold: Stories from Older Lesbian, Gay, Bisexual, Transgender and Intersex People, a book that gathered the complex and varied stories of over 50 older queer people. As a queer Wiradjuri person, David’s life’s work was to highlight stories rarely told, stories to prepare the community for a more informed future. In the days before his death, he worked with the Centre for Global Indigenous Futures to set up a fund to support advocacy for older queer Indigenous people, someone David knew he would never be. 

Yindyamarra Winhanganha, even when you cannot be in the world. 

“British India was not a settler colony, like Australia or the United States; on the subcontinent, colonial overlords were more focused on exploiting indigenous labor than on wiping out local populations. Hijras were the exception: their existence so unsettled the British administration, upending their notions of reproductive sexuality and patrilineal descent, that it resolved to bring about a gradual extinction of “eunuchs.”

From no. 7’s feature, The Guru Who Said No.

Gender, like many imposed binaries, is a colonial construct. In the continent of so-called Australia, where the Wiradjuri people and several hundred other Indigenous communities reside, binary genders were recorded to manage the reproductive ordering of our Aboriginal bodies. As late as the 1970s, in some jurisdictions, colonial rule controlled our movements, our right to marry, our access to health and education, and our work and money, and it dictated that our children could be forcibly removed from our families, often never to return. Gender mattered to these colonial forces because it existed as a site of control. It’s reasonable to assume that those who lived outside of binary gender containers were erased from the record; why bother keeping those?  

Gender, like many imposed binaries, is a colonial construct. In the continent of so-called Australia, where the Wiradjuri people and several hundred other Indigenous communities reside, binary genders were recorded to manage the reproductive ordering of our Aboriginal bodies. As late as the 1970s, in some jurisdictions, colonial rule controlled our movements, our right to marry, our access to health and education, and our work and money, and it dictated that our children could be forcibly removed from our families, often never to return. Gender mattered to these colonial forces because it existed as a site of control. It’s reasonable to assume that those who lived outside of binary gender containers were erased from the record; why bother keeping those?  

Through Indigenous survivance — an active continuance, the ongoing generation of our stories and communities — Indigenous theorists remind us that we are always connected to both the future and our past, and that if Aboriginal people are queer now then there have always been queer Aboriginal people. Because of course there have. Trans people everywhere did not just appear when we had access to greater rights, but those rights made our visibility greater. And for colonized people, it afforded us a strategy of engaging with the colony on our own terms.  

Yindyamarra Winhanganha, the world for us, not the colonizer.

“our Lakota ancestors tell us to abandon / the colonial urge to overmanage the complexities / of love and relationships / we are not social constructs / we are solar systems forever dancing / each the other’s gravity”

Read Taté Walker’s full poem,
my pronouns are super/nova

But the colonial desire to observe, contain, and categorize Indigenous people seeks to know the present only through the lens of a past written by invaders. Or they imagine a past they failed to capture, an anthropological treasure chest not yet plundered. Both seek proof from a colonial record that was strategically dismissive of the complexities of who we were and instead treated us as reproductive livestock. Until a referendum in 1967, we were not even counted as people in this country.

But the colonial desire to observe, contain, and categorize Indigenous people seeks to know the present only through the lens of a past written by invaders. Or they imagine a past they failed to capture, an anthropological treasure chest not yet plundered. Both seek proof from a colonial record that was strategically dismissive of the complexities of who we were and instead treated us as reproductive livestock. Until a referendum in 1967, we were not even counted as people in this country.

“our Lakota ancestors tell us to abandon / the colonial urge to overmanage the complexities / of love and relationships / we are not social constructs / we are solar systems forever dancing / each the other’s gravity”

Read Taté Walker’s poem,
my pronouns are super/nova

And there are those in the queer settler community who seek to understand their queerness by borrowing ours or their imagined version of ours, seeing us as a primitive, spiritual link to their own past. As a professor of Indigenous Studies my work intersects with Queer Studies, and I am frequently asked by fellow Queer Studies scholars to provide an ancient history of trans and gender-diverse Aboriginal people. That is: Proof. I am asked to provide proof that we always were, pre-invasion, pre-colonial, pre, pre, pre. Frequently the request comes as they attempt to connect their histories with Indigenous histories, a fantasy gotcha of how we provide a “missing link” for them. I explain that the future is the past is the present. If we existed now, we existed then, and we exist in the future. And this is, usually, wholly unacceptable for them. They want their own version of proof. 

Yindyamarra Winhanganha, what is now has always been.  

Proof is a slippery slope, in part because history presents a messy and unreliable record, but also because historical proof in relation to gender is often unavailable. Sex characteristics, perhaps, but gender as an expression of who we are requires some means of transmission from subject to interpreter. Since 2009, I have worked on multiple projects focused on the representation of Indigenous peoples in museums, including one exploring the ways in which the archive is binary-gendered despite a total lack of proof. 

Trans people everywhere did not just appear when we had access to greater rights, but those rights made our visibility greater. And for colonized people, it afforded us a strategy of engaging with the colony on our own terms.  

In European Ice Age art we see figures like Venus of Willendorf or Lion Man, figures made over 25,000 years ago, and there is no record to suggest who made them or why. We rely solely on modern interpretation. Imagine for a moment that you are entering a museum as a young non-binary person, eager to see representation of people like you. You look at the Venus of Willendorf, a figure that perhaps looks like you, curvy with a rounded belly.  You read the wall text and it tells you she, her. It describes a figure of a woman. 

But you know you aren’t a woman, and this figure looks like you. 

Did they get it wrong? 
What does it tell you about the person who wrote that description? 
Or do you think that perhaps there have never been people like you? 
That people outside of the binary have just arrived?

The “proof” these curators are providing is their own gendered perspective. The art may represent sex characteristics, though decisions on that basis are often suspect for figurative portrayals. But museum visitors are provided no proof for these gendering decisions, and for many objects it could not possibly be provided. They provide no proof, but will people demand it in the future? 

Yindyamarra Winhanganha, a world for our future, a world for our present.

When my brother David wrote Bold, he started with his story but then wrote and asked others to write their own, across an age range often excluded in discussions of queerness. Not the low-hanging fruit of imagining queerness as shiny and new, but the brilliance of queer continuity. 

Trans people everywhere did not just appear when we had access to greater rights, but those rights made our visibility greater. And for colonized people, it afforded us a strategy of engaging with the colony on our own terms.  

Of what it is to be in an aged-care setting, 
of what it is to have lived through the HIV/AIDS Crisis of the 1980s and come out scathed but still here, 
of the arrests, 
of the exclusions, 
of the love, 
of the celebrations.
Of the complexity. 

Yindyamarra Winhanganha, survivance, continuity.

“On July 27, 2022, the Gender Interactive Alliance (GIA) lost its funding without warning or reason. GIA is the largest transgender-equality nonprofit in Pakistan, my former employer, and my second home.”

Support is not spread equally around the world. Read Layla-Sophia Afsar, writing from Pakistan: Fragments of Grief

Across 2020-2024 I’ve been awarded over a million dollars by the Australian Research Council to conduct research exploring queer Indigenous creativities, a surprising investment. Saving Lives is a project that challenges the idea of “proof” by instead inserting work that shows a range of lived experience, swapping reduction for complexity and complication. The project team seeks to understand who is included and who is not, who is missing, who is present, and we ponder who is yet to be. In the midst of it now, our team reflects on survivance. Will our people look back in a hundred years and see that we did the work of Yindyamarra Winhanganha? Will they see we made a world worth living in, and that our non-binary bodies insisted on being present in it? 

Across 2020-2024 I’ve been awarded over a million dollars by the Australian Research Council to conduct research exploring queer Indigenous creativities, a surprising investment. Saving Lives is a project that challenges the idea of “proof” by instead inserting work that shows a range of lived experiences, swapping reduction for complexity and complication. The project team seeks to understand who is included and who is not, who is missing, who is present, and we ponder who is yet to be. In the midst of it now, our team reflects on survivance. Will our people look back in a hundred years and see that we did the work of Yindyamarra Winhanganha? Will they see we made a world worth living in, and that our non-binary bodies insisted on being present in it? 

Yindyamarra Winhanganha, there is no cession.

Sandy O’Sullivan is a Wiradjuri transgender/non-binary person and Professor in the Department of Indigenous Studies at Macquarie University, where they are a 2020-2024 ARC Future Fellow. Since 1991 they have taught and researched across gender and sexuality, museums, the body, performance, design, and First Nations’ identity. Current projects include Saving Lives: Mapping the influence of Indigenous LGBTIQ+ Creative Artists, which explores the unique contribution of queer artists to the wellbeing of all First Nations’ peoples, and the development of an Aboriginal and Torres Strait Islander-focused toolkit national organization, Parents of Gender-Diverse Children, and the Victorian government. 

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