Senate debates

Tuesday, 14 August 2018

Committees

Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Island; Report

6:32 pm

Photo of Malarndirri McCarthyMalarndirri McCarthy (NT, Australian Labor Party) Share this | Hansard source

I too rise to take note of the interim report of the Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander peoples. From the outset, I would like to commend the co-chair, Senator Patrick Dodson, and Julian Leeser MP for their shared commitment in delivering this report. I also commend my other Senate colleagues on the committee and our colleagues in the other house for their work.

Firstly, I want to acknowledge that we are here on the traditional lands of the Ngunnawal and Ngambri peoples. I believe most sincerely that, with the numerous submissions—over 400 submissions—and the witnesses that have come to the inquiry to date, which heartened me deeply, this parliament of our country, both the Senate and the House, will navigate a way in harnessing the hearts that are coming together, giving advice, giving constructive criticism but also giving a vision for the future of our country in a way that we can reflect on and say, 'Are we bold enough, are we brave enough, to take the steps that can and must unite our country?'

As Senator Dodson said in March this year, the Australian parliament appointed our committee to build on the work—not to replicate the work but to build on the work—of the 2015 joint select committee, the 2012 expert panel, the 2017 referendum council report and the Uluru Statement from the Heart. Pinpointing the beginning of the reconciliation movement is difficult, but it includes the 1967 referendum, the Northern Territory Land Rights Act, Vincent Lingiari, the Racial Discrimination Act, the Barunga Statement, the Redfern Statement, Mabo, the Native Title Act, the Bringing them home report, the stolen generations and the Sorry Day marches, Closing the Gap and now constitutional recognition and the Uluru Statement from the Heart. When it is listed like that, it is clear to see the tremendous amount of positive work that generations of Australians, those still with us today and those who've long gone, have contributed to our country. The committee's role is to pull all of that work together to work towards a model for recognition, for truth-telling, for respect and reconciliation. I do commend the members of that committee.

It is wonderful to travel the country with members of all sides and really examine this in a very sincere and genuine way to say to the Australian people, both black and white, that this parliament takes this path very seriously. This decades-long history of work towards recognition, truth-telling and reconciliation shows there is an enormous amount of goodwill in our nation, and our committee is hearing this. We urge Australians in the coming months to continue to come forward to our committee with your submissions to guide our parliament here on the lands of the Ngambri people. This process won't be easy and may not be pretty either, but it certainly will be worth it. It will be worth the hard conversations that challenge people to think truthfully about our nation's history and, even more preciously, about our nation's future.

This report gives an outline as to how a First Nations voice to parliament could fulfil a number of functions, including serving as a representative body or bodies which provide mechanisms to consult and engage with Aboriginal and Torres Strait Islander peoples on policies, legislation and services which affect them. The voice will advance self-determination and lead to greater local decision-making, economic advancement and improved social outcomes, as well as contribute to a more unified and reconciled nation. What the report does is confirm a First Nations voice to parliament. It's not a third chamber of parliament, which is something that we have heard consistently.

The concept of a representative body to be a voice for First Nations people is not new, in fact, according to the evidence that came through. I urge all senators and members of the House to have a read of this interim report, where we do canvas very honestly the questions around the pros and cons of different organisations, of different structures, of land councils, of the congress, of the national body ATSIC. And it was important to hear men and women come forward from all persuasions, whether they had a full role in ATSIC or not, to speak honestly about what we could learn as a country from that. The committee heard views on the features of ATSIC that could inform the design of the voice, including its relationship with Aboriginal and Torres Strait Islander communities and its regional boundaries.

It was wonderful to hear from the honourable Amanda Vanstone, who was the federal Minister for Indigenous Affairs at the time of the abolition of ATSIC. In response to questions about ATSIC's regional councils she said:

I didn't have as negative a view of the ATSIC regional structures as of the central one, but if something's going to go, you really have to make a clean job of it. In hindsight, that might have been a mistake.

The honesty in coming forward was important on this journey and continues to be for this committee, because we need to understand what was it about structures like ATSIC that worked. What were the structures or elements of ATSIC that we need to stay away from? It came through consistently in the first couple of months in terms of the regional boundaries, in terms of the elections and how the elections took place. We had people like Bill Gray, who was a former secretary of the Department of Aboriginal Affairs and former chief executive officer of ATSIC, pointed out some of the negatives or things we had to watch out for if we were going to go down this path of elections, if we were going to go down this path of influencing, contributing and advising to policies.

How does it work in the mechanics of the cabinet process? How does it work in the mechanical structure of the parliament? At what point could an advisory group be included? These are the sensible, mature conversations, the hard conversations that are being held by this committee. The Hon. Fred Chaney, AO, a former minister for Aboriginal affairs, is another person who noted that the structures of ATSIC brought together regional administration, which he suggested was essential to closing the gap but could also feed up to a national voice. Again, these are men and women of all persuasions—black and white, young and old—who are providing very valuable information to our committee.

The issue that consistently has been raised also as a fairly singular important point—and Senator Dodson spoke about it here—is truth-telling. The voice must be representative of First Nations people, including women, elders, young people, traditional owners and the stolen generations. Additionally, this representation needs to occur across urban, regional and remote areas and be representative of Torres Strait Islander people, both in the Torres Strait and on the mainland. Again, these are concepts and ideas that continually come forward to our committee, and I whole heartedly agree with the statements.

All First Nations people have a right to contribute to the development and implementation of the voice regardless of gender, lineage or socioeconomic status. This report has put the development of the voice squarely back on the political agenda, which is a really good thing for our country. We can make right that step in going forward with the voice. We can do this.

At the 20th anniversary of the Garma Festival this year, the message was clear, as it was last year, when Yolngu elders came together to call on parliamentarians to stand strong. Irrespective of your political persuasion and beliefs, come together in the knowledge that our country has unfinished business. And again that message came through at Garma.

The First Nations people are not giving up on the voice, and this side of the House is certainly not either. Labor remains unwavering in its commitment to honour the views reflected in the Uluru statement and the final report from the Referendum Council that a voice that needs to be enshrined in our constitution and that a truth-telling commission needs to be established. (Time expired)

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