Nova Peris (NT, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, I present a progress report, together with the Hansard record of proceedings and documents presented to the committee.

Ordered that the reports be printed.

I move:

That the Senate take note of the report.

The chair of the committee, Mr Ken Wyatt, and the shadow minister for Indigenous affairs, Shayne Neumann, spoke yesterday in the House of Representatives to outline and discuss the progress report. I too will emphasise what the report and progress is about. It should be noted that there has been a long journey and process leading up to the tabling of this progress report. It is another big step forward. We should realise that the real journey has only just begun.

The campaign to recognise Aboriginal and Torres Strait Islander peoples in our Constitution is an important one, not just for the first people but for all Australians. Ultimately, this is an opportunity for all Australians to celebrate, to unite and to add more than 40,000 years to our nation's history. It is about being inclusive, not exclusive, and it is something we should all get behind. This report clearly states that we must do all we can to ensure the campaign and message is clearly delivered to all Australians. It is imperative that we are all behind the journey towards constitutional recognition.

Only 47 years ago, less than a lifetime, back in 1967, the Australian government ran a referendum to change the Constitution to give Aboriginal people the right to vote. We can all take heart that this referendum was overwhelmingly endorsed by Australians, winning 90.77 per cent of votes and carrying in all six states. We need to rebuild that momentum from 1967. We need to inspire, engage with and reach out to all Australians on what we are trying to achieve. We need to right a wrong, and that will only be realised with the support of all Australians.

The report contains three options for recognising Aboriginal and Torres Strait Islander peoples in the Australian Constitution. I am very pleased to say that all three options deal with issues of discrimination. This is a win for common sense. It is a win for all Australians, not just Aboriginal and Torres Strait Islanders.

A few months ago when I tabled the interim report I stated in this house that I had grave concerns with the path to constitutional recognition when the government had plans to weaken the provisions to the Racial Discrimination Act. With those plans now scrapped, I believe the pathway towards achieving recognition is one step closer. This has been reinforced by three key recommendations of the report, which all recommend removing references to race.

As an Aboriginal woman, this constitutional change is incredibly important to me and to all Aboriginal and Torres Strait Islander Australians. I say to you that I will never tire in my pursuit to do all that I can to ensure that the voices of Aboriginal Australians are heard. We must now ensure that we put every effort into encouraging all Australians to be part of this process and to vote 'yes' for constitutional recognition of Aboriginal and Torres Strait Islander Australians.

In my role as an Aboriginal member of this parliament, I am honoured to be in a position to advocate for recognition on behalf of all Aboriginal people and the Australian Labor Party. I reiterate that Australia does not lose 226 years of history; it gains 40,000 years of history.

The committee is now calling for submissions on steps towards a successful referendum, including the wording of a proposal, and on mechanisms to build community engagement. This committee will hold more public hearings around Australia in the months ahead. I seek leave to continue my remarks later.

Leave granted.

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

I, too, rise to speak to the tabling of the progress report of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. As a member of the committee I would like to commend the deputy chair for her work, and particularly the chair, as they have been quite diligent in consulting widely right around Australia, often on the committee's behalf. It has been fabulous. I would like to thank the co-members of our committee, who have been a real pleasure to work with. I hope the spirit in which all parties and senators and members have approached the very hard work of this particular committee and report, and in getting everybody's finger on the page, is symbolic of the greater task before all of us as we head out into our communities and beyond to engage, initiate, drive and facilitate the conversation in our community so that Australians are fully informed as they head towards a referendum.

There is going to be difficulty—historical and cultural difficulty—for Australia in achieving constitutional change. And there is a need to ensure that any change is overwhelmingly supported by Aboriginal and Torres Strait Islander people. I think the broader Australian community needs to see that in order to be able to fully engage with the conversation.

I am really proud of recommendation one. It says what should be done and it should be at the heart of any discussion and debate on changes to our founding document. Recommendation one states:

The committee recommends that each House of Parliament set aside a full day of sittings to debate concurrently recommendations of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples as set out in this report with a view to achieving near-unanimous parliamentary support for and building momentum towards a referendum to recognise Aboriginal and Torres Strait Islander peoples in the Constitution.

I think that is going to be a fascinating debate—to have all Australian people, through the lower house, and all states, through the Senate, discussing and debating the options that our committee has set out for ways that we may achieve constitutional recognition of Aboriginal and Torres Strait Islanders. I think this is the appropriate way to approach the issue. So I would like to thank our co-members and the chair, particularly, for his leadership. I seek leave to continue my remarks.

Leave granted.

Rachel Siewert (WA, Australian Greens) Share this | Link to 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.

Leave granted.