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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.
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 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'.
The past week's meeting at Kirribilli House between Aboriginal and Torres Strait Islander leaders and politicians decided on the establishment of a Referendum Council. We should not overlook the power of the land itself to reconcile us. Theologian, archaeologist, and biblical scholar Eugene Stockton, along with artist Terence O'Donnell, has just produced a timely booklet titled This Land, Our Mother.
The most memorable lines of Paul Keating's 1992 Redfern Speech are not about Indigenous Australians at all, but Europeans who stole their land, their children and their dignity. A number of commemorative days focus on the needs and rights of Aboriginal and Torres Strait Islander people, but Sorry Day is not one of them.
Frank Brennan's address 'Recognising Aboriginal and Torres Strait Islander People in the Constitution' presented at the 18th National Schools Constitutional Convention, The Museum of Australian Democracy at Old Parliament House, 21 March 2013.
Most Australians would agree that it’s time to free the Constitution from all vestiges of racial discrimination. For this, it needs an amendment affirming the status as Indigenous Australians as equal citizens. But in the current political climate, a referendum is unlikely to produce the necessary super majority of electors in four of the six states voting in favour.
Young people ideally move into adulthood with pride and a sense of generational history. Identity is not just about becoming an individual, but knowing, valuing and embodying one's ancestral past. But moving forwards while looking backwards can be risky.
Any cuts made in this dire economic climate must exclude items for improving conditions for Indigenous Australians. This Budget will test the Government's determination to 'close the gap' between Indigenous Australians and the rest of the population.
Dr Brian F. McCoy SJ is NHMRC Fellow for Aboriginal and Torres Strait Islander Health Research at the Australian Research Centre in Sex, Health and Society (ARCSHS) at La Trobe University.
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