Sana Nakata is Associate Professor and Principal Research Fellow at James Cook University for Indigenous Education and Research. In this article, Nakata explains the long journey that generations of First Nations across the continent have taken to get us to this point in history, first with the Uluṟu Statement from the Heart and now, the referendum vote for an Aboriginal and Torres Strait Islander Voice to Parliament.Occasionally, a country finds itself at a crossroads, faced with a decision that will irreversibly change what it will become. The upcoming referendum on the Aboriginal and Torres Strait Islander voice in Parliament represents one such moment. ADVERTISEMENT ADVERTISEMENT This proposal has been in the making for about twelve years and another two hundred years to come. Here’s how we got here.
A short history according to Voice of Parliament
A brief history begins with the formation of the Expert Committee on Constitutional Recognition in 2010. This resulted in the Expert Committee’s report in 2012, followed by the Symbolic Recognition of Aboriginal and Torres Strait Islander Act in 2013, and the Joint Select Parliamentary Committee producing three separate reports in 2014 and 2015 to explore the steps to be taken towards constitutional recognition. All of these processes, during successive changes in government, included bipartisan support for constitutional recognition of Aboriginal and Torres Strait Islander peoples. Despite this token support, none of these processes have led to significant progress. During this time, in May 2014, then Prime Minister Tony Abbott also consolidated Indigenous policy and 150 programs into a central government department, cutting more than $500 million in spending on Indigenous programs over five years. This was done without any consultation or warning to the people and communities affected by the decision.”
We face the daily reality of Canberra deciding for us, without us.
“This moment was a typical (rather than exceptional) example of the way Indigenous affairs have been managed in this country for decades. This resulted in a powerful moment of unity in July 2015, in which 39 Aboriginal and Torres Strait Islander leaders met with the Prime Minister and the Leader of the Opposition to present the Kirribilli Statement to both sides of government — a document that called for “fundamental change” to “lay the foundations for a just treatment of Aboriginal and Torres Strait Islander people in the future”.AdvertisementADVERTISEMENTFollowing another change of Prime Minister, the Referendum Council was established by Malcolm Turnbull in December 2015. Co-chaired by Aunty Pat Anderson (who (Chair of the Little Children Are Sacred Inquiry) and Professor Megan Davis, the Referendum Council held 12 3-day deliberative dialogues across the country.Each dialogue consisted of approximately 100 delegates, all selected by their community.Each dialogue, on the final day, selected 10 people to gather in Uluṟu for the National Constitutional Convention on 27 May 2017, where Uluṟu’s Declaration from the Heart was first uttered. Five different forms of constitutional recognition were considered in the dialogues, from symbolic recognition, removal or modification of existing racial power (s 51(xxvi)), non-discrimination clause, representative body (Voice to Parliament) and treaty making . The Voice to Parliament proposal had the highest level of support among all delegates, while making an agreement had the second highest support, and the value of the truth-telling process emerged as a strong and clear demand from communities. This contributed to the commitment of Voice, Treaty and Truth.
A longer history according to the vote in parliament
If this seems like a lot of detail for what I described as a brief history, then I’ve made my point. The longer history goes back at least to 1846, when exiled Aboriginal people from Lutruwita (Tasmania) first petitioned Queen Victoria. This would include but is not limited to William Barak’s plea in 1886 for the freedom of the Kulin people who were resettled from their land in Coranderrk; David Uniapon’s 1912 demand for Ngarrendjeri autonomy; petitions by William Cooper to demand representation in the Federal Parliament in 1933 and 1937; the 1936 Torres Strait maritime strike that led to the establishment of Island Councils, the forerunners of today’s Torres Strait Regional Administration. This would include the Yirrkala Bark Petition of 1963, the Barunga Statement of 1984 and everything in between. This would include any protest sign held at a rally or march, demanding justice and action on behalf of our people and country. ADVERTISEMENT ADVERTISEMENT This all goes to show that over the generations, significant time, energy, resources and expertise have been expended by First Nations across this continent to deliver us to this point. A fork in the road, where all Australians are invited to walk with First Nations peoples to a better future.
What impact could a vote in parliament have?
So what are you being asked to vote on? And why should you have any confidence that it can bring a better future for this country? You are being asked to vote on 93 new words, which will be added to the end of the Australian Constitution. The addition of these 93 new words will achieve three things:— They will recognize Aboriginal and Torres Strait Islander peoples as the First Peoples of this nation.— They will establish a new representative body to be known as the Aboriginal and Torres Strait Islander Voice, which can represent parliament and executive power. The choice of words here has been carefully considered and examined by constitutional experts. In particular, ‘May represent’ means that the Voice will decide what matters it wants to advise on. Parliament cannot compel Glas to give advice, nor can it veto Glas giving advice. The Voice cannot be silenced.—Finally, it leaves Parliament with the power to legislate on the details of the Voice, including its composition, functions, powers and procedures. This means that the Parliament is still the boss — an important consolation for some and less so for others. ADVERTISEMENT ADVERTISEMENT Elsewhere, I wrote about how these 93 words represent a modest and refined remedy for a concrete constitutional failure, and that Glas represents a democratic imperative for our entire people.”
We have few mechanisms to hold the government accountable for the decisions it makes that affect us.
“In 1967 The constitution was changed to allow the Commonwealth to make laws about my family and community. This power to legislate for us was previously held by the states, who governed us through a series of mechanisms including what are known as Protection Acts, a brutal time in this country’s history, the effects of which we are still reeling from generations later. What the 1967 referendum did not achieve was an expectation that the laws made by the Commonwealth about us would be in our interests or to our benefit. And so we face the daily reality of Canberra deciding about us, without us. Some argue that we are equal because we have the right to vote. I am one of less than 60,000 Torres Strait Islanders, not all of whom are old enough to vote. We have few mechanisms to hold the government accountable for the decisions it makes that affect us. You are asked to consider 93 new words to correct this failure. 93 words, placed at the end of our constitution because we are this country’s last consideration. 93 new words that can set us on the path to a new future, which we can finally walk together.Want more? Get the best stories from Refinery29 Australia delivered to your inbox every week. Apply here!AdvertisementADVERTISEMENTRelated StoriesKarla Grant on the vote for the parliamentary referendum. What is the Indigenous People’s Vote for Parliament? Teela Reid’s podcast cuts through the noise
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Source: HIS Education