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

I rise tonight to talk about the government's decision not to support the Referendum Council's key recommendation for a voice to this parliament. I stand with Aboriginal and Torres Strait Islander peoples who are outraged at this blatant snub and disregard for the advice this government so clearly sought and ignored. Senator Di Natale and I have written to the Prime Minister, calling on him to reconsider his position and to work with Aboriginal and Torres Strait Islander peoples, parliamentarians and the community to achieve constitutional reform to establish a voice for Aboriginal and Torres Strait Islander peoples.

The Uluru Statement from the Heart and the Referendum Council's recommendations were the result of a huge amount of work, commitment and consensus building in the Aboriginal and Torres Strait Islander communities. The Referendum Council's role was to lead the process for national consultations and community engagement on constitutional recognition, including a concurrent series of Indigenous designed and led consultations. The terms of reference outlined that the council was required to report to the Prime Minister and the Leader of the Opposition by 30 June this year. There were a series of things that it was supposed to report on, including the outcomes of national consultations and community engagement about constitutional recognition, including community led consultations; options for a referendum proposal, steps for finalising a proposal and possible timing for a referendum; and constitutional issues.

It is deeply disrespectful of the government to ignore the recommendations and the work achieved by the Referendum Council. The Uluru Statement from the Heart was the result of bringing together over 250 Aboriginal and Torres Strait Islander peoples at the first-nations national constitutional convention. The convention resolved to call for the establishment of a first-nations voice—commonly called 'the voice'—as an enshrined body in the Australian Constitution. The report suggested that specific functions of the body should be set out in legislation outside the Constitution and should include the functions of monitoring the use of the heads of power in section 51 and section 122. The body would recognise Aboriginal and Torres Strait Islander people as the first peoples of Australia.

The Uluru Statement from the Heart also called for another reform—the establishment of a makarrata commission. The purpose of the makarrata commission would be to supervise truth telling about Aboriginal and Torres Strait Islander peoples' histories, particularly, for example, dispossession, and to supervise the processes for agreement-making between governments and Aboriginal and Torres Strait Islander peoples. In the words of the Uluru statement:

Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination.

The objectives of the statement were broad, reflecting the specific need for substantial reform, but did not specify any finer details of the proposed changes to the Constitution.

The desire for substantial reform coming out of that national constitutional convention is really clear and was supported so strongly. The Turnbull government has rejected this call for the establishment of a voice. The rejection of the voice shows a blatant disregard for the very voices the government asked to hear from. It does, in fact, highlight the need for there to be a voice to parliament: what clearer demonstration of that need can there be than the government's rejection of this? It's so ironic. This is required so that Aboriginal and Torres Strait Islander peoples' voices are no longer disregarded and they don't go unheard. In a joint response to the Referendum Council's report the Prime Minister and the Minister for Indigenous Affairs, Senator Scullion, said:

The government does not believe such an addition to our national representative institutions is either desirable or capable of winning acceptance in a referendum.

The Australian Greens call on the government to reconsider this position and their position on constitutional reform. It is particularly disappointing that the government did not consult any key Aboriginal or Torres Strait Islander bodies or representatives or go back to the co-chairs of the council to address any issues they found with the recommendations in the Referendum Council's report. It is devastating that the government has rejected this landmark work out of hand. It is obvious, from answers to questions in estimates, that the government did not seek to ascertain the level of support from the broader community for the concept of a voice to the parliament, and they have misread the community's response.

Recent polling shows that the Australian community are supportive of an Aboriginal and Torres Strait Islander voice to the parliament. The Greens believe that, with the right collaboration between the parliament, Australia's first peoples and the community, this proposal would be capable of getting popular support. A survey conducted across Australia in August by the University of New South Wales and Griffith University found that voters across the political spectrum strongly support an enshrined body in the Australian Constitution. The vast majority of Australians do want to see progress and a positive way forward for Aboriginal and Torres Strait Islander peoples. So, the truth is the government are out of touch with the community and they just don't support the concept themselves. They just don't.

In June, Australia's federal, state and territory human rights bodies urged political leaders to work across party lines to deliver constitutional reform for Australia's first peoples. They issued a joint statement suggesting Australia's political institutions have failed to take into account the views of our first peoples. The joint statement supported the Uluru statement, as it would affirm the United Nations Declaration on the Rights of Indigenous Peoples, which Australia has endorsed. They concluded that providing our first peoples with a national voice that is enshrined in the Constitution is an opportunity. We must listen.

I would also like to bring to the attention of the Senate a letter, written by a lot of people, but led by Fiona Stanley, calling for revision of the government's decision to reject the Referendum Council's proposal. This is signed by nearly a thousand prominent organisations and individuals and supported by thousands of members of the community. As representatives in this parliament, it is essential that, no matter the challenges, we do this work and commit to building support for a voice to parliament for Aboriginal and Torres Strait Islander peoples. We need action on Aboriginal and Torres Strait Islander peoples' recognition in the form that Aboriginal and Torres Strait Islander peoples support and have called for. Aboriginal and Torres Strait Islander peoples have been loud and clear in their view, and there is no more eloquent statement of what they are calling for than the Uluru Statement from the Heart. It is not radical to recognise that Aboriginal and Torres Strait Islander peoples should have a formalised voice to make comment on legislation and policies that affect them. The Uluru Statement from the Heart is unanimous. It is a strong, clear and passionate call for action, and it should not be ignored. The Australian Greens strongly support the Uluru statement and the urgent suggestion of the Australian Council of Human Rights Authorities that our political parties should heed the Uluru Statement from the Heart and implement real change.

The Australian Greens are willing to work across party lines to ensure there is action for real change and to implement the Uluru Statement from the Heart and the Referendum Council's recommendations. We stand in support of the right to self-determination for Aboriginal and Torres Strait Islander peoples and for a voice to parliament, to ensure that there is a powerful way for Aboriginal and Torres Strait Islander people to be heard on legislation that affects them. We call on the government to reconsider their position, to support the Uluru Statement from the Heart and to support the recommendations of the Referendum Council. A vast amount of work, a vast amount of consensus building around these concepts, has gone into this. The Aboriginal and Torres Strait Islander peoples rejected symbolism and wanted real action, which is what the Uluru Statement from the Heart would deliver.