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This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.
The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
Political response has been ambivalent at best, and ambivalence sounds a death knell for mainstream engagement by a tentative public. Turnbull pointed out that any claim must be acceptable to the general public to succeed. In the next breath he discussed the success of the 1967 Referendum. This was disingenuous given the political reality of 67, where there was no case presented for a no vote. After the Uluru Statement, it is now not possible to ignore substantive constitutional reform, or treaty.
An interesting aspect was the shift in the mindset and understanding among non-indigenous Australians regarding Aboriginal rights. To note the way in which one dominating western culture moved toward recognising the rights of another culture that was oppressed by it is quite remarkable. We should consider those aspects of the mentality shift (from both cultures and their understanding of what the 1967 referendum meant) if we are ever to revisit that type of federal movement again.
The European Union, according to Assange, has been captivated by an unhealthy interest in indefinite detention: 'There is no time limit that someone can be detained without charge. That is not how we expect a civilised state to behave.' Prematurely, tabloid press and outlets were wondering if the latest developments meant the end of the drama. A statement from the Metropolitan Police dispelled any doubts about Assange's plight, should he wish to leave his narrow digs in Knightsbridge.
References to Watergate are flying thick and fast - again. Earlier this week, Donald Trump abruptly dismissed FBI director James Comey in the middle of a probe into Russian interference in the 2016 elections. It is difficult to overstate how bad this move is, and how much it has rattled political and bureaucratic firmaments. There are differences, however, between then and now. Trump is not Nixon, for one thing. Perhaps we can be thankful for that, in that infantile impetuosity is not paired with a much more cunning mind.
In the face of historically low levels of Indigenous representation in our parliaments, the Indigenous caucus between Commonwealth, State and Territory Labor representatives points to some progress. It is aimed at increasing Indigenous voter engagement figures, increasing Indigenous Labor candidacy, and developing strategic plans that encourage Indigenous students to become young leaders in Parliament. Those are all necessary and noteworthy causes. But we have a long way to go.
Mildred would later say of Frank that 'he always took care of me'. Yet this telling of the story shows a more mutual exchange of strength and support than such a statement might imply. The Lovings' entanglement with the state of Virginia would ultimately lead to constitutional change in favour of interracial marriage, and Loving portrays Ruth as the main agent of the battle. At a time when cultural appropriation has become much talked about, this film by a white filmmaker shows a different way.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
Two issues can be dealt with shortly. First, ministers of religion must be free to solemnise marriages in accordance with their beliefs. Second, there is no basis for extending a similar concession to marriage celebrants. The case of commercial service providers is more complex. Many argue that caterers, florists, reception centres and so on should be free to refuse to participate in same-sex weddings, on the basis of their religious beliefs. The case for the commercial exemption is unconvincing.
'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
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