Tony Zappia (Makin, Australian Labor Party, Shadow Parliamentary Secretary for Manufacturing) Share this | Hansard source

In rising to speak on the Aboriginal and Torres Strait Islander Peoples Recognition (Sunset Extension) Bill 2015, I strongly support the view that we need to extend the act of parliament that was established, from memory, in 2012. By doing so, I think we at least continue to provide some level of legal recognition of the fact that the Indigenous people were here prior to white settlement. Indeed, it has taken us over 100 years, following the establishment of our Constitution, just to get to this very point of providing that kind of recognition. The extension of the sunset clause associated with the original legislation is appropriate.

I assume that it was hoped at the time the legislation went through parliament in 2012 that, by now, we might have got to the point of having held the referendum and thereby resolving this issue. If we had held the referendum, we would have hopefully got a yes vote to the changing of the Constitution and, in turn, that would have sealed the issue that is the subject of this discussion. Indeed, one would have to ask just why, when the Constitution was established, it was framed in the way that it was. I accept that in 1901 the thought processes of the people who established the Constitution would have been entirely different from those of people of today. The Constitution reflects the general attitude of white settlers in this country towards Indigenous people. The treatment of Aboriginal and Torres Strait Islander people since white settlement in Australia has not been a record that Australia as a nation can be at all proud of. From the moment Captain Arthur Phillip and his crew set foot on Australian soil, it has been an uphill struggle for Indigenous people to be treated with the equality to which they are entitled both as human beings and as the 'settlers' who were here prior to white settlement.

I have been reflecting on some of the key process that we have seen in the last 100 or so years. Whilst I do not want to go through an exhaustive list by any means, I want to provide a snapshot of what has happened since white settlement in 1778. From 1778 right through to 1928, we can look back on a whole list of what we call Aboriginal killings, or Indigenous Australian killings, some referred to as massacres. That went right through to 1928. They have all now been documented for all to see. In 1909 right through to the 1970s, Indigenous children were removed from their families. We saw the presentation of the Stolen Generations report by Sir Ronald Wilson and Mick Dodson, highlighting the injustices that were committed over a period of almost 100 years. And that was after the establishment of the Australian Constitution and the national government, so we cannot just point the finger at individual states who had their own laws in place the time. In about 1935 we saw William Cooper form the Australian Aborigines League, which was perhaps the first protest movement by Indigenous people in this country—again, protesting the injustice that they were continuously subjected to. In fact, a few years later in 1939, we had the Cummeragunja walk-off, where some 200 Indigenous people walked out of a mission in New South Wales, crossed the river Murray into Victoria, and then settled on the other side in Victoria—in a different state—again, that was because of the unfairness with which they were being treated.

In 1967, we saw the first breakthrough when, at least in the referendum to change the constitution, there was some recognition finally afforded to the Indigenous people of Australia. At about the same time, interestingly, Vincent Lingiari initiated the Wave Hill cattle station walk-off, where the Indigenous people who worked on that station were being treated very differently to the white people, and that led to an eight-year strike which, in the end, was resolved. But it was an eight-year strike, that arose because of the discrimination that was being perpetuated against Indigenous people working in cattle stations across Australia. It was also Vincent Lingiari into whose hands Gough Whitlam poured the soil in 1975, as a symbolic acknowledgement that this was their land and that they were entitled to land rights. Those land rights were finally confirmed by the Mabo case in 1992. That was, in my view, the first time that the question had been properly tested in the courts; the question as to the legitimacy of their claim that they had been in this country prior to the arrival of white people in 1778. That was immediately followed by the Native Title Act. The Native Title Act came into effect 215 years after white settlement in this country—it took 215 years for Indigenous people to finally be recognised as having been the previous custodians of this land, before white people. That shows just how slowly we have moved as a nation in recognising Indigenous people. Then in 2008, the apology by Kevin Rudd was very well received—but it took 100 years after children had been taken away from their families for that to happen as well. And we have seen the Closing the Gap process begun.

I highlight of those occasions simply to make the point that it has been a very uphill struggle for Indigenous people, from day one, in order to be in any way recognised. The truth is that, whilst we have made all of those changes and all of those recognitions, we still have a long way to go. I am pleased to say that most of those critical changes that I have referred to were initiated by a Labor government. Earlier this week, the House debated the Closing the gap report. In my view, equality and closing the gap is not confined solely to measurable statistics, such as health, housing, education, employment and so on. There are many other examples of Indigenous people having been treated appallingly over the years, for which those responsible should hang their heads in shame.

There are countless examples of Indigenous Australians who enlisted for service in World War I and World War II and other conflicts, who served this nation with honour and who were prepared to die for their country, Australia, but when their service ended so did the brief recognition that had been given to them. They were effectively sidelined with no recognition whatsoever.

I recently spoke at service in Adelaide about what happened in the bombing of Darwin. One of the things that happened in Darwin subsequent to the bombing was that Indigenous people played a crucial role in protecting the coastline and assisting in any way they could. These were not enlisted people; these were Indigenous people who just lived in the area and took it upon themselves to help out in any way they could. They were never recognised. I believe it was the current member for Lingiari, the Hon. Warren Snowdon, who finally provided some measure of recognition to them. It is that kind of recognition that goes a long way towards closing the gap between what they have done and not been recognised for in the past and affording them the recognition that they quite rightly deserve.

I referred to stories. Again, there are many, many stories of people such as Eddie Gilbert. He perhaps could have been one of the finest cricketers in this country. He was one of the few people who the records show was able to bowl out Sir Donald Bradman. I believe he bowled him out for a duck. He was a person who was such a good player and yet he was denied the opportunity to play cricket for Australia simply because he was Aboriginal. I am aware of other similar stories. Whilst I am aware that things have changed today, again, it took a long, long time. Indeed, it was not until 1964 that we had the first Indigenous person representing Australia in the Olympics. That just simply highlights the discrimination I refer to. Closing the gap would be given a huge boost if we equally recognise Aboriginal and Torres Strait islanders when they have served Australia in an exceptional way as we do for all other Australians. I am pleased to see that we are starting to do that now.

In making my contribution to this discussion today I want to recognise two Indigenous people who come from South Australia and who have come to my attention in recent days for the special place that they deserve in our history. The first is a person by the name of Hubert Frank Tripp. He was an Indigenous person from South Australia who served in World War I. Shortly before his 23rd birthday he enlisted. He was sent to join the 10th infantry, from memory, at Gallipoli. He was there for several months and then returned later on in that year. My understanding is that Hubert Tripp was also the very first Indigenous South Australian to be allowed to play in the South Australian football league in 1910. He was one of those people who made a breakthrough. He broke through in being enlisted and sent to Gallipoli and also being allowed to play South Australian league football. I understand that later this year his name will be engraved on one of the papers at a special Aboriginal and Torres Strait Islander memorial that is being established at the Torrens parade grounds in Adelaide specifically to try to redress some of the injustice of these people never having been recognised for their service to their country.

The other person that I take this opportunity to recognise is Hubert Tripp's cousin, Marj Tripp. Marj also made history as the first Aboriginal woman to join the Royal Australian Navy in 1963. She was 17 years old at the time. This was before the referendum, so it would have been quite a feat for her to have been given the right to enlist and join the Navy. I can only imagine that part of the reason for that breakthrough of Marj enlisting at that time would have been her own determination. Nevertheless, it happened and it was, again, a good thing. Today I recognise both of those people. Recognising Aboriginal and Torres Strait Islanders for who they are, for what they have endured and for what they have contributed to Australia will go a long way towards closing the gap and providing constitutional recognition for them.

The issue of constitutional recognition has now been with us for years. It has been the subject of discussion and public debate for as long as I can recall being in public life—and yet we are still not there. It now looks like the referendum might be held in 2016 or 2017. It is my view that to deny the Indigenous people of Australia the right to be included in our Constitution is to deny the truth. In my view the recognition of Indigenous people in our Constitution is, conversely, a recognition of the truth. I cannot imagine anyone having any good reason why the truth should not be acknowledged. The fact of the matter is that it can be acknowledged by recognising that the Indigenous people of Australia were here before white settlement.

The success of the referendum is entirely in the hands of the political leaders of this country. If there is goodwill, if there is bipartisanship from all politicians and all party leaders, the referendum will succeed. If there is not goodwill then I know that in one way or another it will be undermined. My call is for political leaders across the country to unite and once and for all correct the injustice that has been done to Indigenous people by the denial of their existence in this country prior to white settlement.

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