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Josh Bornstein compared the ABC to the victim in an abusive relationship, desperately trying to ward off the next blow by anticipating the criticism of its enemies. Certainly, enlisting Andrew Bolt to participate in a documentary on Indigenous constitutional recognition seems like a pre-emptive defensive move against the accusations of bias that are routinely levelled against the national broadcaster. For Bolt the arrangement is win-win; for the ABC it's yet another example of self-sabotage.
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.
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'.
Our Constitution is premised on the outdated notions of terra nullius and assimilation. It is more than three years ago since the Gillard Government set up an Expert Panel, and the Abbott Government is waiting for consensus. Noel Pearson is right to insist that Aboriginal leaders need a place at the table.
The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.
The Church has taken some enormous steps towards making its ceremonial life more meaningful to Indigenous members. Frequently it has been women who have pioneered this work. But today many of these women in Central Australia, Arrernte and non-Arrernte alike, are ageing or becoming tired and jaded from lack of recognition.
Given the opinion polls and divisions in Labor, it's no surprise Abbott is confidently preparing his team for government. Anything he says about constitutional change therefore carries weight. Advocates for constitutional recognition of Indigenous Australians would be heartened then by two of his recent speeches.
Let's not underestimate the significance of John Howard's successor giving credit to Paul Keating for his Redfern speech, before invoking New Zealand's Treaty of Waitangi and calling for atonement. Still there is plenty of work to be done to attain proper constitutional recognition of Indigenous Australians.
The muted recognition of the anniversary of the National Apology was partly due to the bushfires in Victoria, which continue, understandably, to monopolise attention and emotion. But the momentous event of February 2008 has not been followed up by significant developments in Indigenous affairs.
Dani Larkin is a Bunjalung woman who grew up on the Aboriginal community Baryulgil. She is an admitted lawyer and has practiced in a variety of areas of law. Dani is studying her PhD in law at Bond University with her thesis topic on 'The Law and Policy of Indigenous Cultural Identity and Political Participation: A Comparative Analysis between Australia, Canada and New Zealand'.
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