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Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.
The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.
Around half of Indigenous prisoners in Roebourne Regional Prison are there on driving offences. Many Indigenous Australians do not have birth certificates and therefore cannot get a drivers licence. Yet those who live in remote areas often have no means of transport other than by car. When they are caught driving unlicensed, they receive a fine, and since many are unable to pay, they are consequently are jailed. And as we all know, jail is a particularly risky place for Indigenous Australians.
Last week, Malcolm Turnbull presented the eighth annual Prime Minister's Report on the government's Close the Gap campaign. The Close the Gap Campaign steering committee also released its 2016 progress and priorities report. While the reports identify modest gains, overall the gaps remain wide the words 'target not met' recur throughout. The results are disheartening but should strengthen the resolve of all concerned to set realistic goals, with consultation at local levels.
It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.
At the end of 2014, the scene for Indigenous politics in 2015 was set. While it is rare to see a year where Aboriginal and Torres Strait Islander people don't take to the streets to challenge government policies, Western Australian Premier Colin Barnett's announcement in November 2014 of the proposed closure of remote communities led to a large scale movement. It was one of several events that mobilised Indigenous communities during 2015. Next year is shaping up to be just as action packed.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
Historically, it was Labor that was dogged by splits and ideologues, while the Liberals were perceived as practical. But the ideological chasm between Abbott and Turnbull suggests the Liberals are now a broader church than Labor. The party's ideological and factional conflict will continue unabated as the government contemplates the two big public debates of its next term: a referendum on constitutional recognition of Aborigines and Torres Strait Islanders and a plebiscite on same sex marriage.
One of the few industries lacking a national advocacy platform, the arts, was stunned when a political move was made to undermine the key policy and investment body. The Australia Council is still reeling, and arts leaders from around the country are scrambling to save their organisations and support their colleagues following the Council's drastic cancellation of entire funding rounds. At stake here is the nature of Australian culture and the public experience of it, both now and into the future.
I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.
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