Reading Cornelia Rau: At the Limits of Intelligibility
Susanne Gannon & Sue Saltmarsh

In late January 2005, the Australian newspaper, The Age, reported that a “mystery woman” was being held as a suspected illegal immigrant in Baxter Immigration Detention Centre (Jackson 2005). Little was known by either authorities or other detainees about the woman's identity, except that she was white and German-speaking. Fellow detainees and visitors to Baxter IDC, who had serious concerns about the woman's distressed and irrational mental state, brought media attention to her case and, as a consequence, her family in Australia recognized their missing relative from her description in a newspaper article. The woman, identified by her family as legal resident Cornelia Rau, was subsequently released into an Adelaide psychiatric hospital. Her unlawful detention and the failure of authorities to provide her with adequate medical/mental health treatment for a diagnosed illness provoked public outrage. The Minister for Immigration, Senator Amanda Vanstone, was forced to publicly respond and finally, under further pressure, announced an inquiry into the case.[1] This article is a consideration of the case of Cornelia Rau in relation to recent accounts of intelligibility and recognition in the work of Judith Butler (2004a, 2004b). Our analysis of texts from the initial moments[2] of the Rau scandal draws on poststructuralist theory to consider the discursive constitution of subjects within those texts, tracing the fractures in thought that are evident within them. Influenced, like Butler, by the work of Michel Foucault on power and its operations on material bodies, and drawing as well on Michel de Certeau's notion of law as it is inscribed on the body, we analyse the discourses deployed in two Ministerial Media Releases that served to position Rau as unintelligible as a citizen, and thus, as undeserving of the fundamental rights of citizenry in a liberal democracy.[3]

We attempt this reading in a socio-political context where signifiers such as a “war on terror” and “border protection” have authorized gross abuses of human rights including prisoner abuse at Abu Ghraib and elsewhere, the indefinite detention of uncharged prisoners at Guantanamo Bay and the mandatory detention of refugees and asylum seekers in remote locations in Australia and the Pacific. As Foucault demonstrated – and as the horrors of each of these sites have reiterated - power is operationalized in the most local and specific contexts and it is inscribed in the flesh of particular bodies in particular places (Foucault 1977, 1980, 1988). The circumstances through which the Cornelia Rau case emerges as a site of unintelligibility are instances of a set of institutional and political technologies operating locally and internationally that serve to efface hundreds of thousands of humans from the category of the human.

Rau did not appear in Baxter IDC from nowhere, nor did she come without a history, though her identity and background were not established by the bureaucracies under whose authority she had been placed. After her family’s disclosure of her identity, she was understood to be a 39 year old mentally ill Australian resident, who had gone missing from a Sydney psychiatric ward in March 2004.[4] She traveled north and, unable to provide identifying documentation when she came to the attention of local police, was imprisoned under another name in a Queensland jail. She was then transported to South Australia and detained for three months in Baxter Immigration Detention Centre as a suspected illegal immigrant. Overall, her incarceration lasted for 10 months during which she received no psychiatric treatment or official recognition as a person in need of, or with rights to, such assistance. Assessment in a Brisbane psychiatric hospital during her imprisonment in Queensland found that she was not mentally ill. Despite numerous reports by health professionals, fellow prisoners, refugee advocates, and other detainees concerning her apparently disturbed mental state and behaviour, her mental illness was denied and disregarded by officials. Despite copious documentation of her history held by various federal and state bureaucracies, her identity was never established through these administrative apparatus. Although she was registered on the New South Wales missing persons list, it was not until January 2005, when her family recognized her from media reports, that she was removed from detention and placed under medical supervision. Following the scandal, a parliamentary inquiry was held to investigate the case.

We are interested in tracing how the constitution of Rau as “illegal” for the ten months of her detention reduced the capacity of those in authority to recognize her as fully human. We are interested in how her mental illness was refigured as recalcitrance by those who had the power of naming at that time, and how mental illness appears to have been constructed by them as an expected and unremarkable characteristic found among those held in Australian Immigration Detention Centres (IDCs). While Rau remained unintelligible and isolated within the institutions responsible for her care, fellow detainees, themselves located at the limits of intelligibility, recognized her as mentally ill. These other detainees orchestrated her release by mobilizing refugee support networks and providing these networks with details that were circulated in media reports read by members of her family. In political terms, Rau’s story raises numerous questions about Australia’s treatment of asylum seekers and refugees, about the standards of medical and mental health care available to those in detention[5], about the failure of government systems and the individuals they employ to protect the human rights of those for whom they assume responsibility, and about the lack of public accountability required of the Australian Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) specifically and the Australian Federal Government more broadly when acting in such matters. Despite the findings of Palmer and other inquiries, and some subsequent adjustments to bureaucratic procedures, the relevant Minister has not been censured, the contracted detention centre management company Global Solutions Limited has not lost their contract, the Department Head of the time has been promoted to a prestigious diplomatic posting, and the IDCs remain a key plank of the DIMIA response to unauthorized immigration arrivals (DIMIA 2006).

While our interest in this paper takes us necessarily into the terrain of theorizations of what it means to be human[6], and of how it is that individuals come to be rendered discursively intelligible, it is important to note that Rau is not understood here as an abstract figure in a disembodied theoretical sense, as the use of philosophical/theoretical terms and analyses might suggest. Instead, along with Judith Butler, we take the position that:

each of us is constituted politically in part by virtue of the social vulnerability of our bodies – as a site of desire and physical vulnerability, as a site of a publicity at once assertive and exposed. Loss and vulnerability seem to follow from our being socially constituted bodies, attached to others, at risk of losing those attachments, exposed to others, at risk of violence by virtue of that exposure. (Precarious Life 20)

Of crucial significance to any theorization of the political is the relationality through which subjectivities are formed and agency is effected, and upon which notions of social responsibility and ethical care are necessarily predicated. In the case of Cornelia Rau, precisely what is called into question is whether, and in what ways, an individual's viability as a human subject is jeopardized by their constitution as unintelligible within the terms considered legitimate by those who have assumed responsibility for her care. While our principal aim here is to consider the case of Cornelia Rau through the lens of Butler's recent work concerning questions of viability and intelligibility, this is undertaken in recognition of the significance of such questions to the broader social and political landscape. Specifically, the relationality through which Cornelia Rau's dependency and vulnerability appear to have been exploited and delegitimated brings into focus the relationality through which each of us – individually and collectively – are dependent upon, vulnerable to, productive of, and implicated in the embodied, lived experience of others. Cornelia Rau has now left the immigration detention system and is living as a private citizen, intermittently engaged with mental health facilities and treatments where the constitution of personhood is also under constant revision. She has at times spoken briefly in the media, but our focus here is not on her person or the degrees of normalization that appear to have subsequently become possible for her. Rather, we focus here on the weeks immediately following the release of Rau's story in the press, when she was a figure publicly constituted by others and pivotal in mobilizing public outrage about Australia's regime of immigration detention and its potential implications not only for refugees and asylum seekers, but for citizens and residents as well.

Through analysis of Ministerial media releases in relation to the Cornelia Rau case, we aim to open up a means of understanding some of the ways in which discursive and social non/viability and un/intelligibility are constructed through government rhetoric. Specifically, we consider how notions of delinquency and criminality are deployed to construct a wrongfully detained woman as the ungovernable, hence unintelligible other. We also trace the deployment of Rau’s unintelligibility as a justification for her unlawful detention by DIMIA, and explore the ways in which her detention can be understood in terms of the law’s inscription on the body (de Certeau). We want to engage with the possibilities that poststructuralist theory offers for understanding some of the ways in which the site of the body “is formed within the crucible of social life” (Butler, Precarious Life 26). In the case of detainees, in particular, the regimes of truth that have grown up around notions of ‘border protections’ and ‘national security’ construct as always/already nonviable those people whose bodies and voices are Othered through the very condition of their abject exclusion from public life. Finally, we consider the ways in which critique and dissent are foreclosed through the construction of disembodied, exploitative, and “opportunistic” Others invoked in the Minister’s comments.

Establishing Conditions of Intelligibility

Butler shows in Precarious Life (2004a) and Undoing Gender (2004b) that the stakes of intelligibility are high. Indeed, survival in both material and symbolic terms is predicated on the intelligibility of the subject within the terms and norms that shape and govern social life at any given moment. While, as Butler argues in Undoing Gender, there is a sense in which the normative aspects of social life provide the frameworks of thought and of action through which we must necessarily live, she reminds us that to deviate, or to exist outside the normative, is to jeopardize one’s viability as a social subject, so that “when we defy these norms, it is unclear whether we are still living, or ought to be, whether our lives are valuable, or can be made to be, whether our genders are real, or ever can be regarded as such” (Butler, Undoing Gender 206). In the context of the contemporary social and political climate of Australia, there are numerous examples of groups (refugees, asylum seekers, Indigenous Australians, migrants, gays and lesbians, single parents, disabled, mentally ill, or unemployed people to name but a few) whose deviation from or existence outside the normative frames promoted by the politically conservative Howard government are constructed through the parlance of government rhetoric in largely pejorative terms. The “Othering” that takes place through the language games, policy agendas and political manoeuvres in relation to such groups has a significant function in constructing those groups as discursively unintelligible.

Senator Vanstone’s first media release on February 5, 2005, just after the Rau story broke in the press, makes minimal reference to Rau’s mental illness, and does so in terms which elide her psychiatric condition through notions of delinquency and criminality:

Minister for Immigration, Senator Amanda Vanstone, said today her department had gone to great lengths to establish the identity of a woman, an Australian permanent resident, who had been held in Immigration detention. “I would urge those commenting and reporting on this case to consider the difficulties facing authorities in establishing the identity of someone who provides false information, provides no documentation and is either unwilling or unable to assist in confirming identity,” Senator Vanstone said. “This is a tragic case, but one that has been resolved, giving comfort to the woman’s family, which has been concerned for her welfare since she absconded from a Sydney psychiatric ward last March.” (DIMIA, "Sydney Woman in Immigration Detention" para. 1-3).

Here Rau’s mental illness – of which the Minister had been informed by the Rau family – is obscured through a focus on what is recounted in terms of delinquency and criminal behaviour. This is not to imply a dichotomy in which mental illness and criminality are understood as opposites, but rather it is to highlight the ways in which the deployment of one to the exclusion of the other operates to undermine Rau’s discursive legitimacy in navigating institutional abuses of power. Further, the construction of such binaries functions to obscure the considerable convergence of institutional paradigms and the techniques of governmentality mapped out by Foucault’s work on asylums and prisons (Foucault, Madness and Civilization and Discipline and Punish). In these works, Foucault carefully traces the processes by which those incarcerated on the basis of criminality and unreason are subject to refiguration through what he refers to as “a whole technology of representation” (Foucault, Discipline and Punish, 104) as particular types of social subject. Madness, Foucault argues, represents “a minority status, an aspect of itself that does not have the right to autonomy, and can live only grafted onto the world of reason” (Foucault, Madness and Civilization, 252), while in the case of criminality, the language and practice of penality function to constitute the individual not only as the subject of law, but also as the object of knowledge and of disciplinary power. In this media release, the Minister constructs rationality as the key to unlocking the problem of Rau’s incarceration, and invokes discourses of criminality to construe Rau’s incapacity for reason as a willful lack of cooperation. Although these were key concerns for her family and other detainees, the Minister makes no reference to the medical conditions for which Rau had previously been hospitalized in Sydney, nor is her psychiatric condition – nor her refusal of treatment regimes – deployed in explanation for her disappearance from the psychiatric ward. Instead, she is constructed as willfully aberrant, as one who has “absconded” from her ‘proper’ place, thereby flouting the rules through which governmentality is legitimated. Her delinquent status is underscored through the reference to her family, for whom the government effected resolution, rather than the woman’s safety, which is represented as the source of the family’s comfort. The refusal to acknowledge Rau’s mental illness in preference to her construction as deceitful and obstructionist – “someone who provides false information, provides no documentation and is either unwilling or unable to assist” (DIMIA, “Sydney Woman” para. 2) – speaks to the potency with which notions of ‘unreason’ (Foucault, Madness and Civilization) invoke discourses of delinquency and criminality. These in turn serve to validate official responses which are constructed in the parlance of immigration detention in terms of protection, governance, and the restoration of order. While we fully acknowledge that in psychiatric institutions, similar discursive strategies are used to justify committing patients to detention, we recognize, too, the possibilities for those detained in mental health facilities to have at least access to health care professionals and other social services that have not been available to those inside immigration detention.

Rau’s construction as delinquent is underscored through DIMIA’s failure to accurately assess her mental condition, and through the Minister’s reiteration of her (inaccurate) diagnosis in terms of ‘behavioural problems’:

In addition, from the moment she came into Immigration detention she was provided with medical care, including psychiatric care which ultimately led to her admission to a psychiatric facility in Brisbane for assessment. This found that, while having some behavioural problems, she did not meet the criteria for a mental illness. (DIMIA, "Sydney Woman" para. 8)

Paradoxically, the absence – and indeed, the abject refusal – of Rau’s mental illness in the Minister’s comments functions to obscure and delegitimate the primary discourse (that of mental illness) through which Rau’s otherwise inexplicable behaviour might be rendered discursively intelligible within the public sphere. Even the inaccurate assessment of Rau’s psychiatric state is constructed not as professional error, incompetence, or belligerence on the part of those charged with conducting the assessment, but rather as Rau’s failure to “meet the criteria for a mental illness” (DIMIA, “Sydney Woman” para. 8). Individualised incompetence to perform herself appropriately – as either ‘rational,’ in the IDC, or ‘irrational,’ in the psychiatric ward - is the justification offered by the Minister for Rau’s illegal detention, rather than any errors on the part of her department or any other authorities.

Yet according to media reports, Cornelia Rau was readily recognized by others – by fellow detainees and visitors to the detention centre - within the discursive terms of mental illness, but not by those whose job it was to care for her, nor by those who were trained to recognize and meet the needs of the ‘Othered’. Many of those who recognized her as intelligible within the discursive terms of mental illness were those who are themselves in different ways ‘Othered’ by the norms of white, English-speaking Australia. Aboriginal people near Coen in north Queensland saw that the German woman camping and destitute was in need of care and took her to the police in search of it: “She seemed a bit disoriented…She looked like she needed a bit of help…She said she had no money and had had nothing to eat…” (Todd para. 6). Asylum-seekers in Baxter Immigration Detention Centre, themselves the invisible Others located outside the discourses of national security, citizenship, and human rights, recognized that she needed help and used their networks of community support to seek that help for her, telling them: “There’s a poor woman here. She’s screaming, she’s yelling, she’s eating dirt and sometimes she runs around without her clothes on” (Todd para. 6). Our intention here is not to imply a ‘natural’ empathy or insight with respect to those ‘Othered’ groups who recognized Rau through the primary discursive frame of mental illness[7], but rather it is to highlight the extent to which intelligibility is reliant on the discourses through which the “existing norms of recognition” (Butler, Precarious Life 43) are made available to, and taken up by, certain individuals and groups. Rau’s recognition by numerous others in terms of mental illness, while she was simultaneously refused recognition in those terms by DIMIA (including mental health professionals employed by DIMIA for the purposes of assessing the mental health status of detainees such as Rau) speaks to the pervasiveness of discourses of criminality in relation to immigration detainees, and to the relentlessness of their grip over current practices of Australian Immigration Detention. In Rau’s case, Aboriginal Australians, then asylum seekers and their advocates, recognized her distress and behaviour in terms of a “corporeal vulnerability” (Butler, Precarious Life 42), a vulnerability which “must be perceived and recognized in order to come into play in an ethical encounter” (43). Unlike the guards at Baxter, the DIMIA, and the Minister, they did not read Rau through a primary filter of criminality that obscured and excluded other possible readings of her mental state and behaviour, and so were moved to act on her behalf. We do not intend to suggest that institutional readings of Rau as simultaneously intelligible, via discourses of delinquency, and unintelligible, via discourses of mental illness, instantiated a hierarchy of discourse, which was inverted in the readings made of her by her fellow detainees. Rather, these (mis)recognitions demonstrate the instability of discursive regimes. Frameworks of intelligibility do not mesh together seamlessly in the construction of normativity but they clash with and contradict each other in the complex domain of the lives of individual subjects.[8]

In the Minister’s first media release, Rau is referred to as “a woman,” “this woman,” and “the woman.” Nowhere in this document is Cornelia Rau referred to by her name, the name that, on its conferral, finally secured her recognition and release from Baxter. Though the Minister at this time had knowledge of Rau’s identity (indeed, by the time of the Minister’s media release, Rau had already been removed from the Detention Centre and from the responsibility of DIMIA), she remains an unnamed body in the Minister’s text. Nevertheless, the effect of her naming in the broader public sphere is her ‘release,’ into an Adelaide psychiatric hospital. Thus her naming – seen in terms of her ‘proper’ identification with the name recorded on official documentation – has refigured the relation of her body, now recognized as a legitimate Australian resident, to other institutions of the Australian state. Her naming has conferred back upon her the rights of mentally ill and legal Australian residents for ‘proper’ (but still potentially indefinite) detention within the institution that becomes ‘proper’ within the discourse of mental illness through which she is now able to be understood.

Although the circumstances of release remain problematic in the case of Cornelia Rau, the intensity of the struggle for a site of intelligibility as a human with entitlements to appropriate mental health care is evident in the stories of her advocates – the detainees and their advocates – and their approaches to DIMIA prior to her identification. For example, the head of South Australia’s mental health service, Jonathan Phillips, argued with DIMIA about the symptoms of the detained unknown German woman. Phillips believed that she had “a probable psychotic illness,” whilst DIMIA told him that this was the sort of “behavioural disturbance [that]… one unfortunately gets in places such as Baxter” (Tippet para. 53). The norms of detention as expressed in DIMIA’s response to Phillips speak to the refusal of DIMIA staff to recognize the corporeal vulnerability of detainees, thus foreclosing the possibility of an ‘ethical encounter’ which might have motivated a more immediate and compassionate institutional response to Rau’s deplorable situation. Notions of ‘behavioural disturbance’ bound the parameters of discursive intelligibility, so that a certain ‘type’ of person (one who creates behavioural disturbances) is to be expected in a certain ‘type’ of institutional facility (the purpose of which is, by definition, the detention of those ‘types’ of people deemed undesirable by the Australian government). Through such discursive manoeuvres, even those who might be readily recognizable within the discursive terms of mental illness are reconfigured as aberrant, thereby providing justification for their detention and the refusal of DIMIA to render them intelligible for the purposes of receiving medical and mental health care. The institutional expectation of aberrant behaviour – rather than the individual corporeal needs, circumstances, and human conditions of detainees – thus sets the terms and conditions through which intelligibility is conferred or withheld.

Both mainstream media and witness reports on refugee advocacy websites describe how during her detention in Baxter Immigration Detention Centre, Rau was removed from the family compound and placed in the punishment sections of the prison – Red One Compound and the Management Unit – where isolation and constant surveillance are deployed to control intransigent detainees. Witnesses report that Rau was the only woman in this part of the prison, and that she was in constant sight of male guards and male prisoners, where her distressed behaviour escalated further (Project SafeCom “Finding Anna” and “Talking”; Tippet). Under these conditions, Rau’s intelligibility as a woman was simultaneously both exploited and erased. As a subject of the bureaucratic processes of immigration detention, she is recognized by DIMIA solely according to the terms of criminality, which appear to legitimate her inappropriate treatment within the terms of gender. Yet as a corporeal subject of immigration detention, her particular vulnerability as a woman under the gaze of male guards is evident in detainees’ reports that guards joked and commented as they watched her using the toilet, looked at her naked body, and took her underwear (Project SafeCom “Finding Anna” and “Talking”; Tippet). Her removal from the other women in detention, into the isolation of Red One Compound and the Management Unit, seems to have obliterated the possibility of her inclusion in the category of woman, and any access to the minimal standards of propriety afforded to women prisoners. Whilst intelligibility as criminal appears to preclude and override intelligibility as mentally ill, the two being mutually exclusive in the regimes of truth operating in immigration detention, her corporeal intelligibility as a woman provokes a particular vulnerability in her removal from the spaces for women.

Vulnerable Bodies

Butler points out that “[t]he body implies mortality, vulnerability, agency: the skin and the flesh expose us to the gaze of others, but also to touch, and to violence, and bodies put us at risk of becoming the agency and instrument of all these as well” (Precarious Life 26). The story of Cornelia Rau, among many other men and women in immigration detention on whom names were not conferred in public spaces, demonstrates the vulnerability of the body to institutional control, ineptitude, and abuse. The body of Cornelia Rau, in the family photographs and stories that flooded into the Australian media alongside the Minister’s press releases, signalled a crisis in the strategy of erasure of subjects that the immigration detention system had almost perfected.

Cornelia Rau, as a white European woman, could be constructed by Australian media and readers as familiar within the Anglocentric discourses of Australian nationalism, not only through her status as a legal Australian resident, but also through her physical appearance. Her blonde hair, white skin, blue eyes, and smiling face in the family photographs circulated in the media effectively locate her within the dominant discourse of racialized Australian national identity which continues to be constructed as ‘white’ (see Hage 1998, 2003; Perera and Pugliese 1997, 1998; Perera 1999, 2002a, 2002b; Pugliese 2002; Osuri & Banerjee 2004). This raises important questions concerning the significance of whiteness to an Australian readership’s capacity to recognize the legitimacy of her plight and her status as a victim of inhumane treatment, in comparison to non-white detainees whose government imposed nameless and faceless existence in detention centres has rendered them largely invisible from public discourse. In Rau’s case, the racial politics which function to conceal the stories and circumstances of non-Anglo detainees from circulation in the public domain operated to secure not only her release from immigration detention, but also to ignite public outrage sufficiently to invoke a public inquiry and a subsequent set of bureaucratic changes.[9]

Despite the problematic operation of racial politics which locate Rau’s story within a discursive frame of racialized intelligibility, it is important to emphasize that her corporeal vulnerability within immigration detention despite her racialized recognizability within Australian social and political discourse underscores the corporeal vulnerability of all immigration detainees, and most particularly those against whom the racist immigration policies of the incumbent Australian government were specifically directed. That Rau’s vulnerability could eventually be recognized, her release secured, and her story circulated in the public sphere as a cause of shock and outrage – while other non-Anglo/European immigration detainees subjected to human rights abuses remained largely unnamed and unrecognized – speaks to the power of racialized discourses of intelligibility within contemporary Australian life. As Butler notes in relation to practices of public recognition and naming of victims of the 9/11 attacks, (in comparison to the exclusion of countless others – those who have died at the hands of the US military, for example – from the possibility of being publicly acknowledged and mourned), the limits of human intelligibility are bounded by what can be known and understood as a grievable life. “It is not just that a death is poorly marked, but that it is unmarkable. Such a death vanishes not into explicit discourse, but in the ellipses by which public discourse proceeds” (Butler, Precarious Life 35). What we want to mark here is precisely those ellipses into which public discourse concerning non-Anglo/European refugees and asylum seekers proceeds, and to cite the effectiveness of excluding the names, stories, circumstances, and corporeal vulnerability of non-Anglo/European immigration detainees from the public sphere in reproducing racialized vulnerabilities as a discursive norm in Australia (see Hage 1998, 2003). While Cornelia Rau’s circumstances necessarily and importantly bring to public attention the failure of DIMIA and the Australian government to adequately address the needs and rights of immigration detainees, there must also be a persistent troubling of those discursive ellipses into which the humanity and vulnerability of those rendered unintelligible might otherwise vanish.

We would argue then, that what has been obscured by the actions of DIMIA and the Australian government, is that Rau – along with other immigration detainees – is entitled to a certain standard of human rights granted to individuals and to certain bounded categories recognizable within Australian society. Yet, as Butler points out in relation to practices of indefinite detention, the suspension of international law in order to appropriate sovereign power into the apparatus of governmentality is a tactic which deprives detainees of legal and human rights, and effectively exposes them to state exercised power over life and death.[10]

As can be seen in Rau’s case, the very conditions of humanity are called into question, through the failure of the Australian government to guarantee Rau’s human rights as well as through the state sanctioned deployment of sovereign power through which her viability as a human subject could be foreclosed through the practices of indefinite detention. It is not only the limiting of Rau’s viability as a political subject, as citizen or legal resident – in other words, her “exclusion from biopolitical life” (Moore, para. 15) – which are at issue here. Rau’s viability as a human subject is effectively negated through both the Australian government’s neglect of human rights as understood globally in liberal humanist terms, as well as through exposing/subjecting her life and her living – her vulnerability, recognizability, intelligibility, and viability as human – to a self-proclaimed discretionary state power. Of crucial importance, this imposition of state power outside the limits and rule of law refuses to acknowledge either the extent of Rau’s suffering and anguish during the period of her incarceration, or the legitimacy of a national and international legal/juridical order which might otherwise have afforded her protection from such abuses.

The vulnerability and viability of life are understood here not as separate from/subject to legal and political domains, but as written by and through them. The regulatory and disciplinary effects of law are thus, according to de Certeau, ‘inscribed on bodies,’ which in turn perform their place – individually and collectively – in the juridical order:

There is no law that is not inscribed on bodies. Every law has a hold on the body. The very idea of an individual that can be isolated from the group was established along with the necessity, in penal justice, of having a body that could be marked by punishment, and in matrimonial law, of having a body that could be marked with a price in transactions among collectivities. From birth to mourning after death, law "takes hold of" bodies in order to make them its text. Through all sorts of initiations (in rituals, at school, etc.), it transforms them into tables of the law, into living tableaux of rules and customs, into actors in the drama organized by a social order. (de Certeau 139)

In de Certeau's terms, Rau might be understood as a site of inscription, upon which Australian law (and indeed, an absence of law) is written on a body marked by corporeal vulnerability as well as by the unintelligibility through which she is Othered in government discourse. In this sense, the unintelligibility of her behaviour, we might argue, is performative of the unintelligibility of DIMIA's immigration detention policy, of the arbitrary decision-making processes in relation to detainees which have operated outside legal frameworks and international conventions, of the inability of the juridical order to recognize her as a viable subject under the terms which are always/already inscribed on her body - in the living of a life as a legal resident of this country, as a woman, as a medical patient, and as a member of a family, community, and culture.

Here we return to Butler, who argues that rather than a rights discourse reliant on an individualizing move, we might deploy a frame for understanding vulnerability and subjection which relies on relationality, where vulnerability and interdependence with others becomes the site of political responses that “tear us from ourselves, bind us to others, transport us, undo us, implicate us in lives that are not our own, irreversibly, if not fatally” (Butler, Precarious Life 25). This vulnerability, Butler suggests, is the pre-condition for subjectivity, for the constitution of embodied subjects in the “crucible of social life” within which persons come to be intelligible as human (26). This “common human vulnerability,” as Butler says, “emerges with life itself…[yet] we cannot recover the source of this vulnerability: it precedes the formation of ‘I’” (31). In applying a reconfigured poststructuralist ethics to the case of Cornelia Rau, we might begin to read our own intelligibility as humans to be contingent on the responsibility we take for those Others, like her, with whom we experience this “common human vulnerability.”

Yet we do not mean here to adopt a patronizing tone towards those who are detained and, through that condition, excluded from the norms of intelligibility.[11] The ‘human’ is, according to Butler, not only a discursive site within which we are written and spoken by, for and in dialogue with others, according to prescribed norms, but it is an excessive site. Indeed, the human subject might be seen to emerge through its insistence on the excesses and particularities of language and the speaking subject. In her discussion of the case of David Reimer, Butler notes David’s capacity to speak himself and his worth although he was not “fully recognizable, fully disposable, fully categorizable” within the binary norms of gender. He emerges – a fragile “desubjugated” subject – at the “limits of intelligibility” of those norms, positioning himself in speech “somewhere between the norm and its failure” (Butler, Undoing Gender 73-4).[12] Cornelia Rau also demanded speech. In her months in the Queensland prison she gave tape recorded evidence in an investigation into the treatment of women prisoners. Throughout her contact with the advocacy group, Sisters Inside, she kept documenting her “day-to-day trauma” insisting that she had done nothing wrong and should not be imprisoned. To her advocates there, she was markedly “not OK…distant…distressed…upset” (“Queensland” para. 10). Later, in the Immigration Detention Centre, where she was not an appropriately compliant subject, her demand for speech continued and expanded and was heard there as “screaming” and “yelling” (Todd, para. 6). The excessive speech taken up by Cornelia Rau demonstrates, perhaps, what Butler argues is “an understanding [of the human] …that exceeds the norms of intelligibility itself”(Butler, Undoing Gender 73). Rau may be said to be struggling, like Reimer, and from another position of extreme vulnerability, to “[refuse] the interrogations that besiege [her]; [she] might be attempting to “[reverse] their terms” and to “[learn] the ways in which [she] might escape” (73). Emergence of the human subject – she/he to whom we must attend and upon whose emergence our own humanness becomes contingent – comes through a relationality into which we are called through excessive speech and action.

Opportunistically Speaking…

We return in this final section to the Minister, Senator Amanda Vanstone, and the shifting discursive positions evident in the press releases that followed the recognition of Cornelia Rau. In her first press release, the Minister claims a beneficent agency for DIMIA in solving the problem of Cornelia Rau: as “the issue of the woman’s identity was finally resolved …[and] contact was made with the woman’s parents, who were extremely relieved to learn of their daughter’s whereabouts.” The Department had gone “to great lengths to resolve” this “very sad case.” In the discursive space of Ministerial and Departmental responsibility, their complicity in exacerbating Rau’s mental illness becomes unimaginable and unspeakable. The Minister makes this clear in the final line of the press release with: “To criticize those who have worked to care for the woman and determine her identity is opportunistic in the extreme” (DIMIA, “Sydney Woman” para. 12). This comment (and those which appeared in the following media release some three days later) raises questions about the crucial role of critique and dissent within the public sphere, and highlights the anti-democratic agenda that attempts to delegitimate those voices which would call decision-makers to account:

To decide what views will count as reasonable within the public domain, however, is to decide what will and will not count as the public sphere of debate…The foreclosure of critique empties the public domain of debate and democratic contestation itself, so that debate becomes the exchange of views among the like-minded, and criticism, which ought to be central to any democracy, becomes a fugitive and suspect activity. (Butler, Precarious Life xx)

Despite the Minister's attempts to close discursive possibilities, however, criticism was widespread and intense, and provoked a Ministerial response. Three days after the initial media release, a second press release announced an inquiry into "the Cornelia Rau case" (DIMIA, Cornelia Rau Inquiry, para. 1). In this text, "Ms Rau" has clearly shifted from the recalcitrant who misled officials to the likely victim of all those "Commonwealth and State agencies, particularly police and mental health providers" (para. 7). Through claims of concern to protect Rau's privacy and to ensure that her "personal circumstances are not misused" (para. 10) Rau is constructed not as a victim of DIMIA, whose enforcement of immigration detention policies were responsible for her unlawful detention and inhumane treatment (justified through the rhetoric of protecting Australia's national borders), but rather as the potential victim of those operating in the public domain who would call the Minister and her department to account for their handling of Rau's case. In particular, the Minister's press release stresses that the inquiry will be conducted in a very short time frame and in private Here we see a redoubling of government efforts to constrain and reconstitute the public version of Rau's story, a situation which brings to the fore Butler's argument that "[t]he public sphere is constituted in part by what can appear, and the regulation of the sphere of appearance is one way to establish what will count as reality, and what will not" (Butler, Precarious Life xx).

The conditions of privacy and brevity, read by many critics at the time as intended to reduce the effectiveness of any inquiry, are constructed instead as apparent marks of sensitivity and respect to this now unfortunate victim of a sequence of events which have subjected her to public view:

As well as protecting the privacy of Ms Rau, the nature of the inquiry will ensure the report can be completed as quickly as possible and that it is not used by those with agendas outside the scope of this inquiry. I want to ensure that Ms Rau's personal circumstances are not misused. Public Inquiries always present that opportunity. (DIMIA, Cornelia Rau Inquiry para. 10)

Rather than including the Minister and DIMIA amongst those who are themselves subject to inquiry, DIMIA are constructed predominantly as the hosts and managers of the inquiry. In this context, the Minister and her Department are constructed not as the arbiters of sovereign, administrative and exclusionary power, but rather as protectors of the vulnerable. They will protect Rau from "those with agendas," and from those who behave "opportunistically" in daring to ask questions about, for example, how it has become the case that the conditions of the human have so readily become unintelligible, and unavailable, to people who are in immigration detention in Australia, particularly to those who are (or who become) mentally ill in those institutions. In particular, this reconfiguration of the Minister and the department for which she is responsible as protectors of a vulnerable 'victim' functions to silence questions about how discourses of psychiatric disturbance and mental illness have become unavailable to (or are refused by) DIMIA and its staff to make their readings of detainees, in preference to discourses of delinquency, disobedience, and deliberate recalcitrance. The voices of critics are thus anticipated and foreclosed through the construction within official government rhetoric of untenable and unintelligible subject positions (that is as those whose agendas would exploit the tragic circumstances of the mentally ill), so that "[d]issent is quelled, in part, through threatening the speaking subject with an uninhabitable identification….Under social conditions that regulate identifications and the sense of viability to this degree, censorship operates implicitly and forcefully" (Butler, Precarious Life xix-xx).

Though the Minister's preference appears to be the closing down of criticism, we join here a wave of protest intended to hold spaces open where we might begin to, paraphrasing Foucault, uncover thought and try to change it, to show that things are not as obvious as might be believed, and to disrupt what is taken for granted so that we might "make harder those acts which are now too easy" (Foucault, "So Is It Important to Think?" 456-457). We aim here to name the collective loss - through the state imposed erasure and invisibility of immigration detainees - of those Others whose vulnerability contributes to our own subjectivity as relational and human, as formed in "the crucible of social life" (Butler, Precarious Life 26). Thus we must recognize that we, too, use the figure of Cornelia Rau opportunistically. As soon as any text enters discursive space - the story, the woman, the news photos of healthy happy 'Aunt Connie' with her nieces some years ago - there is no avoiding their opportunistic use. Any reference to these texts, to facts and stories already in circulation is always already deployed in some sort of discursive space, for some purpose. Our purpose is to trouble "thinking things the way they have been thought" (Foucault, "So Is It Important to Think?" 457).

What happened with the story of Cornelia Rau, perhaps, in provoking sufficient outrage that the Minister announced her first ever inquiry into a specific case of detention in DIMIA facilities, is that many Australians perceived and recognized a vulnerability in her figure that called them into something like what Butler calls “an ethical encounter,” that conceivably served, for several days at least, as a site for our mutual “humanization” (Precarious Life 43). But while Butler talks about the necessity for reciprocity in a relation of recognition, such reciprocity is made impossible when those Others in an exchange are silenced and locked away from discursive space (45). Our intention here, then, is that our work as academics, as activists, as citizens, be understood not merely in terms of critique and dissent, but also in terms of critical and theoretical work that seeks to open up discursive possibilities for reciprocity. While reciprocity can take many forms, a fuller discussion of which is beyond the scope of this paper, what we want to emphasise here is that ours is a position which sees the work of speaking and of writing as constitutive – work which can be read, alongside the voices of others who recognize, with Foucault, that:

…to speak is to do something - something other than to express what one thinks; to translate what one knows, and something other than to play with the structures of a language (langue); to show that to add a statement to a pre-existing series of statements is to perform a complicated and costly gesture, which involves conditions (and not only a situation, a context, and motives), and rules (not the logical and linguistic rules of construction); to show that a change in the order of discourse does not presuppose 'new ideas,' a little invention and creativity, a different mentality, but transformations in a practice, perhaps also in neighbouring practices, and in their common articulation. (Foucault, The Archaeology of Knowledge 209)

'Opportunistically' speaking, we maintain the crucial importance of naming those practices through which immigration detainees are constructed as unintelligible, and thereby subjected to conditions which remain outside what is recognized as acceptable under national and international law, thus calling into question the status of detainees as viable human subjects. Although there have been some changes to the bureaucratic processing of unauthorized arrivals following the case of Cornelia Rau and other scandals, the lives of asylum seekers in social life remain legally and socially precarious. Like many other critics, we enter this debate from a privileged position - as those whose entitlement to speak has not been revoked, whose racial identities do not render us unintelligible within the dominant terms of an Anglo-centric society, and who are not made compulsorily invisible by means of geographical isolation and cells within compounds surrounded by fences and barbed wire (see Corlett 2005; Mares 2001; Marr and Wilkinson 2003). This obligation to speak is an ethical responsibility emerging from a recognition of relationality as the very condition of human subjectivity, that "part of what I am is the enigmatic traces of others" (Butler, Precarious Life 46). As Butler elaborates, "the 'I,' its suffering and acting, telling and showing, take place within a crucible of social relations, variously established and iterable, some of which are irrecoverable, some of which impinge upon, condition, and limit our intelligibility within the present" (Butler, Giving 132). With regard to immigration detention, our 'agenda' (as Senator Vanstone would have it) is one that aims to engage in practices of speaking and of naming for the express purpose of transforming practices. We join in this with those other voices who 'opportunistically' call governments to account for practices which render those outside officially sanctioned discourses unintelligible - and in some cases non-viable - with the intention of changing the order of discourse and, thus, the conditions of the human.

Acknowledgments

The authors of this paper gratefully acknowledge the contribution of members of the Narrative, Discourse and Pedagogy Research Unit at the University of Western Sydney, whose insights and feedback on various drafts of this paper were invaluable. In addition, we would like to thank our anonymous reviewers at thirdspace for detailed, astute and very helpful readings of this paper. back

Notes

1 The "Palmer Report" (Palmer, 2005) found that there may have been up to 200 potential instances of wrongful detentions including deportation of Australian citizens as illegal immigrants. Some bureaucratic reform of the detention regime followed the recommendations of the Report. Further concessions were negotiated by a group of 'rebel' government bankbenchers in late 2005 although these are again in dispute in mid 2006 (see footnote 2). back

2 We first drafted this paper within four weeks of the 'discovery' of Cornelia Rau in Baxter IDC. Although publication processes have slowed down its dissemination, we feel that is crucial to not let go of pivotal moments in the analysis of discursive regimes as they are operationalised by government. The Rau case, and the series of shocking revelations that are discussed in this paper, enabled discursive shifts in the media and general population that have had significant consequences. The other pivotal case, revealed soon after in the Palmer Inquiry, was that of Vivien Alvarez Solon, an Australian citizen of Philippines birth, who suffered brain and spinal injuries in a motor vehicle accident and was then deported and abandoned by Australian immigration officials in Manila. Nevertheless, its is critical that we understand how it was seen to be possible and imaginable for so long and by so many other Australians that these women – and other detainees – had been treated as they were. By early 2006, although numbers of detainees in detention are much reduced, this response remains the major plank of the government's response to unauthorized arrivals. IDCs remain operational and occupied at Villawood, Maribyrnong, Perth, Christmas Island, Baxter and Port Augusta; facilities at Port Hedland, Woomera, Coonawarra, Phosphate Hill, Singleton and Cocos Island are "mothballed for use as contingency facilities" and further purpose built facilities are planned for Christmas Island, Sydney, Perth, Melbourne and Brisbane (DIMIA, Immigration Detention Facilities, para. 3). In June 2006, a new Migration Amendment Bill compelling offshore processing of all asylum-seekers is temporarily stalled in the Senate. back

3 We call Rau a citizen though her legal status is permanent resident. This status conveys most of the benefits of citizenry (excluding voting, jury duty, and deferred payments for university tuition). back

4 Rau was diagnosed with bipolar disorder in 1998 and schizophrenia several years later. Rau was born in Germany but immigrated to Australia with her family as an infant. back

5 Rau's case also raises questions about the treatment of mental illness and incarceration more broadly. Representations of her as an 'absconder' from the 'proper' custody of a psychiatric institution, and of her return to the custody of another such institution as the 'resolution' of the problem of her detention, disregard her expressed and enacted desire to live outside any sort of institutional detention. back

6 Butler notes that "When we ask, what are the conditions of intelligibility by which the human emerges, by which the human is recognized, by which some subject becomes the subject of human love, we are asking about conditions of intelligibility composed of norms, of practices, that have become presuppositional, without which we cannot think the human at all" (Undoing Gender 57). back

7 The irony that 'mental' illness is recognizable through 'physical' symptoms and behaviours serves to underscore the conceptual inadequacy of the Cartesian mind/body split. back

8 Although Butler sometimes works with the individual subject in her discussions of normativity, as in her discussion of the life of David Reimer (Butler, Undoing Gender), she pays little attention to how competing frameworks of intelligibility simultaneously position the same subject in multiple ways in response to multiple institutional and discursive locations. back

9 The recommended bureaucratic changes continue to be the subject of ongoing debate, with critics arguing that changes such as mandatory off-shore processing of refugees are more, rather than less punitive (see footnote 2). back

10 See Butler, Precarious Life. In the Australian context, we refer specifically to the federal government's contravention of Article 31 of the Refugees Convention (United Nations Treaty Series 1954). As noted in HREOC's National Inquiry into Children in Immigration Detention (HREOC 2004), as a signatory to the Convention, Australia is obliged by international law to bring domestic law into conformity with the stipulations of the Convention. back

11 We have written elsewhere of the politics of speaking in immigration detention (Gannon and Saltmarsh, 2007). back

12 The David Reimer case was one in which the gender of a person born male was reassigned following a medical injury during circumcision several months after the child's birth. Although medical practitioners convinced Reimer's parents to raise the child as a girl, he decided as a teenager to become a man. Butler notes that "David Reimer took his life at the age of 38" (74) as Undoing Gender was going to press in mid 2005. back

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