Songlines

RE: First Peoples voices in Parliament

from Abbott, Tony (MP) Tony.Abbott.MP at aph.gov.au via songlines.org.au
to Bruce Reyburn
date Thu, Feb 9, 2012 at 3:09 PM
subject RE: First Peoples voices in Parliament
mailed-by songlines.org.au

Thank you for your email following the release of the final report by the Expert Panel on Constitutional Recognition of Indigenous Australians.

The Coalition has a proud history of seeking to secure indigenous recognition in the Constitution. Since 2007 it has been Coalition policy to hold a referendum on the addition to the Constitution of a preamble recognising Indigenous Australians. We also support the repeal of obsolete racially discriminatory provisions.

Importantly, the key objective of any referendum is to achieve a unifying moment for the nation similar to that achieved by the 1967 constitutional referendum.

It is in that spirit that the Coalition will now carefully study the report and then release a formal response.

In examining the report we will be looking closely at the potential legal ramifications of any specific anti-discrimination power.

Thank you again for your email.

Yours sincerely

Office of the Hon Tony Abbott MHR

From: Bruce Reyburn [mailto:reyburn at songlines.org.au]
Sent: Monday, 30 January 2012 3:36 PM
To: Abbott, Tony (MP)
Subject: Re: First Peoples voices in Parliament

Amended questions, please note changes

The Hon Tony Abbott
Leader of the Opposition
Parliament House
Canberra

Dear Mr Abbott,

Do you agree that, after 110 years of Federation under the 1901 Constitution, it is time for the voices of Australia’s First Peoples to have some institutionalised form of representation so their voices and concerns can be clearly heard within the new Parliament House?

If so, what do you and the Opposition you lead propose to do about it?

If not, why not?

Yours truly

Bruce Reyburn
P.O. Box 257
Thirroul NSW 2515

cc: www.songlines.org.au

Recommendation 3 of the Expert Panel on Constitution recognition of indigenous Australian peoples is a new section 51A which includes a clause:

“Acknowledging the need to secure the advancement of Aboriginal and Torres Strait Islander peoples”

Advancement? This is a term straight out of the mid-1900s, and one which lays claim to modern Western notions of ‘progress’ as the only ‘normality’ in Australian life.

It is part of the mentality which depicted First Peoples as backward remnants of the stone age, and suffering from some form of imaginary deficiency.

The thinking in the Expert Panel, as reflected by its recommendations and language, seems to belong to a White Australia tradition which we need to leave well behind us.

While there is no denying the disadvantage which First Peoples have suffered as a result of the failure of the Anglo-Australian state (since 1788) to engage in genuine exchange relationships, this does not mean that First Peoples have to be ‘advanced’.

There is an equal case to be made that mainstream Anglo-Australian practices need to be reformed in order to reduce and repair the damage done to life here by the notions of progress which were in place in the late 1890s when the original Constitution was written. Some rebalancing all round is required.

Constitutional recognition needs to be in terms which affirm First Peoples as First Peoples, not in terms which unfairly put them in a bad light. It was the failings of the colonial authorities (no treaty, no recognition, no exchange relationships) which disadvantaged indigenous Australians.

The present wording of this proposed Section 51(A) clause carries with it an ‘unconscious’ negative characterisation of the respective positions of Australia’s First Peoples vis-à-vis non-indigenous Australians.

As things stand, a referendum question based on the expert panel’s recommendation would, if successful, cement an obsolete 20th century stereotype of First Peoples into the Constitution.

A far better form of words, which avoids empowering this one-sided and increasingly obsolete ideology of ‘progress’, would be:

“Acknowledging the need to restore and secure the full well-being of Aboriginal and Torres Strait Islander peoples.”

This leaves room for First Peoples to be empowered on terms which are in keeping with their own values, practices, worldviews and cosmologies.

… a long campaign to gain a degree of Constitutional recognition for Australia’s First Peoples come up with a recommendation from an Expert Panel to enshrine English as THE national language!

What do the speakers of Australia’s original languages have to say about that?

Australian Human Rights Commission media release

Constitutional recognition is a chance to shape a better future for us all

The Australian Human Rights Commission has welcomed the release today of the Report from the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples.

Commission President, Catherine Branson QC, said it was important to Australia’s future as a cohesive, inclusive and respectful society that the nation’s founding document and pre-eminent source of law, our Constitution, recognise the distinct place of Aboriginal and Torres Strait Islander peoples in Australia’s history and its future.

“Constitutional recognition of Aboriginal and Torres Strait Islander people will benefit all Australians,” Ms Branson said.

“The Commission supports the Expert Panel’s recommendations and believes that coupling recognition with the removal of provisions in the Constitution that permit discrimination based on race will signal a national commitment to racial equality for all peoples in Australia.”

The Commission’s Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda, an ex-officio member of the Expert Panel, said recognising Aboriginal and Torres Strait Islander peoples in the Constitution was the logical next step in the unfinished business of reconciliation and would take the nation closer to being one built on understanding and respect.

“Since the historic Mabo decision in 1992, our legal system has recognised the prior occupation and ongoing physical and cultural connection of Aboriginal and Torres Strait Islander peoples to the lands and territories of Australia,” Commissioner Gooda said.

“It is right that Aboriginal and Torres Strait Islander peoples should now be recognised in the Constitution as the first peoples of this land.”

Ms Branson said the Commission supported the recommendation for a new section recognising that Australia was first occupied by Aboriginal and Torres Strait Islander peoples and acknowledging their cultures, languages and continuing relationship with traditional lands and waters.

“The Commission also considers that any constitutional amendments must retain the power of Parliament to make laws that benefit Aboriginal and Torres Strait Islander peoples in order to address the ongoing inequalities experienced across many areas of life by Aboriginal and Torres Strait Islander peoples,” Ms Branson said.

She said the Commission’s faith in the Expert Panel’s recommendations was reinforced by the extensive consultative and inclusive manner in which it undertook its task.

“The Commission draws comfort and confidence from the fact that the Expert Panel engaged in widespread consultation across all parts of the country to hear the views of Indigenous and non-Indigenous Australians.”

She said the Commission accepted there would be differences of opinion in the community about the best way to achieve constitutional recognition of Aboriginal and Torres Strait Islander peoples.

“Efforts must now focus on building consensus to ensure the chance is not lost to shape a constitution that can be equally respected by us all,” she said.

To read the Expert Panel’s Report go to http://www.youmeunity.org.au/final-report