Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I rise to also take note of this progress report of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. In rising I would also like to acknowledge and to again express what a pleasure it is to work with the committee in trying to progress this issue, because everybody is interested in achieving constitutional recognition. I would also like to thank the secretariat, who have again put in effort above and beyond the call of duty and have contributed very significantly to the progress report and to the outcomes.

One of the important issues we are dealing with in constitutional recognition is that generally most Australians are, in theory, supportive of the concept of constitutional recognition. RECOGNISE has been out there talking to people about constitutional recognition. But what the committee has found when we are out there talking to people is that they have been consulted by the expert panel, they have engaged with RECOGNISE and they have engaged with the joint parliamentary select committee, but there has been no forward progress in terms of what the consultation is about. The expert panel went out and asked them what they thought, they drafted up a report and a lot of people see that there has been little progress. I am not saying that in a negative way, but there has been little progress in determining what the question is—what are we going to ask Australia to support in a referendum? Of course, I am coming from the perspective that I want them to give a great big tick to constitutional recognition, but, I have always said, in a substantive way. When the committee has gone out again to talk to people they have said, 'What's the proposition?' This committee report gives people a thing to grab hold of and talk about. What are the options that you favour? Option 1 is the one that is closest to the expert panel's recommendations, and it contains what I would suggest are the substantive bits of the expert panel recommendations without, very notably, the language provision, 127. Option 2 does not go as far as option 1, and option 3 is a significantly different proposition that, as Senator Peris articulated, still takes out the reference to race in section 51(xxvi).

I must admit, without pre-empting the debate, that I am really joining Senator McKenzie in very strongly advocating the debate in both houses of parliament. I must say that, in terms of option 3, I would be really disappointed if we did not have those beautiful words in that the expert panel recommends, in terms of recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples, acknowledging the continuing relationship of those peoples with their traditional lands and waters and the continuing cultures, languages and heritage of Aboriginal peoples. I think these are really strong sentiments, and I would really like to see them in our Constitution. However, one of the key recommendations that the committee also makes in this report, and one that I think is really important, is that this place—both the House of Representatives and the Senate—should talk about this in a really substantive way, and that we put aside time to do that. I think that what Australians are looking for is some leadership from their leaders in this place. If we cannot sit and talk about the options that are on the table—to sit down and have a substantive discussion about it—how can we expect the rest of Australia to engage in what would be the question? So I very strongly support the recommendations here, and urge people to engage with recommendation 1.

I hope the government, in a timely manner—and I am not saying they are not going to—takes this on board and makes sure that we fit into our calendar this discussion around these options, because it will enable the members and senators to engage in this discussion. What it should also do is to provoke them, before that discussion happens, to go out and talk to their constituents—what do their constituents see for constitutional recognition? What would they like to see in the Constitution? I am also hoping it will engage them in the desire and support for constitutional recognition. So it will have that two-fold effect of engaging people and encouraging people to engage and support constitutional recognition. But, very importantly: what is the question that they want to see in a referendum?

The other two recommendations are further articulating the proposition that the joint select committee made public comment about, which is that the referendum to change the Constitution should take place at or shortly after the next election in 2016. Recommendation 7, which I think is very important, is the recommendation that the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 should be extended to align with the timing of a referendum. It was the review panel that recommended to the government, not long ago, this year, that they need to pay attention to that act because it does sunset next year, and we would hate to see that act sunset before we got to a constitutional referendum. So again I hope that the government can take that on board and make sure that we do extend that act while we continue this community discussion around constitutional recognition of Aboriginal and Torres Strait Islander peoples.

I am not pretending that constitutional recognition will suddenly fix and address the issues around the substantive disadvantage and the discrimination that Aboriginal peoples have faced over the period since occupation of Australia occurred. But I do see it as a very, very important step towards reconciliation and in continuing the addressing of the injustices that Aboriginal and Torres Strait Islander peoples have suffered since the occupation of Australia. As I said, it is not the answer, but it is a substantial step towards it. But we cannot afford to get it wrong. We cannot afford to go with a question that does not meet people's needs and, in particular, support of Aboriginal and Torres Strait Islander peoples. But we cannot afford, certainly in my opinion and I know in the Greens' opinion, to get this wrong. We need to get it right. So we need to invest the time, which is why it is so important that this place does debate these issues and does debate these options to have a look at what this country could support. I commend the report to the Senate.

I thank the members of the committee, in particular the chair, Mr Ken Wyatt, and Senator Peris, the deputy chair, who put so much effort into leading and making sure that we got this progress report done. I look forward to the contributions and the debates that we are going to have in this place in the very near future. I seek leave to continue my remarks.

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