The National Indigenous Australian Agency
says, (2019, p.1) “The Australian Government is committed to recognising
Aboriginal and Torres Strait Islander Australians in the Constitution.”
This suggested commitment has come about due
to other countries that have moved to recognise their indigenous peoples in
their constitutions and through treaties. It is also due to growing support
from indigenous and non-indigenous people and groups across Australia over many
years.
Michelle Grattan said (2019, p.1) “The
Morrison government plans to hold a referendum in the next three years on
whether to enshrine constitutional recognition of Australia’s Indigenous people”.
Reconciliation Australia CEO, Karen
Mundine said that the news of the constitutional recognition announcement is
(2019, p. 3) “a step in the right direction”.
However, there are groups and people who
oppose the constitutional recognition of indigenous people for a variety of
reasons. Oliver Milman of the Guardian said that according to the Naidoc
lifetime achievement award winner Tauto Sansbury, (2015, p.3) “I’d say 60% to
70% of Aboriginal people are interested in treaties rather than constitutional
change”.
Some conservative members of parliament and
people in the news media are resisting the change for an indigenous voice in
parliament. Former Deputy Leader of the Liberal party
Barnaby Joyce suggested that a new voice in parliament would cause a third
chamber. Rosemary Bolger of the SBS reported (2019, p.1) that Joyce later
retracted his statement and apologised saying that he got it wrong.
Most states and territories identify indigenous
people in their constitutions. Indigenous Australians are recognised in the NSW
constitution, (2010) but only in the preamble. However, these changes do not allow
for any specific legal or political rights. They do not include land rights or
reduce discrimination, which would help to make our First Nations people feel
more included and respected in their own country.
Essential Media Communications took a poll
in (2019) which shows that most Australians want indigenous recognition in our
constitution and for them to have a voice in parliament.
My position on this issue is that any
change is unlikely. I base this on the fact that the Morrison Government have
only offered a plan for a referendum in the next three years and have not
created a system that will produce a definite outcome. This shows that they are
not as committed to recognising Aboriginal and Torres Strait Islander
Australians as they say they are.
There have been years of inaction on this
subject from all governments. It is likely that only upon being forced into
action by the Australian people will the Morrison Government move towards
recognising indigenous peoples in the constitution. But as this matter is not consistently
at the forefront of the mainstream media or in public debate, it is difficult
to maintain momentum on this issue.
Because of the lack of passion and
commitment from the present and past governments towards indigenous
recognition, this has created doubt about what the effects of recognition will
mean to all Australian people. The social, financial and possible governmental
changes that might occur because of constitutional change has many people and
parliamentary members worried.
There are fears and uncertainty around
this proposed change because issues on this subject have not been clarified by
anyone from either side of the debate. Mainly because no one can decide what the
issues might be, regardless of all the past reports and studies. As there is no
clear path or plan for indigenous recognition, this makes it look all too difficult
and confusing for the Australian people, so they might vote against the
reforms.
It is clear from polling that the majority
of Australian’s want indigenous recognition. However, the figures are not so
one-sided in favour of a change. As of September 2016, only 57 per cent of
Australians polled are in favour of the change. As shown in the Essential Media
Communications poll. (2019)
The Minister for Indigenous Australians, Ken
Wyatt who is tasked with leading a national debate on indigenous recognition
now says that Australians will not be asked whether they want to see an indigenous
voice in parliament if the referendum happens in the next three years.
This statement from Wyatt reported by Paige
Taylor from the Australian (2019, p.1) adds more confusion to the debate that
the Australian people thought they were having on this subject. This could
create a backlash among the wider indigenous community as it appears that
concerned voices and groups have not been consulted about this decision.
While the Federal Labor Party has not been
vocal on this subject, they are now pushing for an indigenous voice in
parliament. Fergus Hunter of The Sydney Morning Herald reports that Labor's
Indigenous Australians spokesperson Linda Burney says, "Doors that [Mr
Morrison] has already shut can be reopened." (2019, p. 8)
The fact that other countries have
recognised their indigenous peoples in their constitutions and can live in
social harmony shows that the same can be achieved in Australia. If Australia’s
indigenous peoples are recognised in the constitution and they get to have a
voice in parliament like other countries, this would most likely lead to
greater social harmony between all Australians.
If these reform proposals do get voted
upon and are passed, it could also improve the social balance and understanding
between Australians. Recognition would help Australia’s indigenous peoples
self-determination and decision-making around issues that directly affect them.
(Davis, M 2015)
If they vote the proposed reforms down, or, it never actually gets up, not only might the debate never happen again, it could further increase the
social tension of Australian society and deteriorate the rights and hopes of
our indigenous peoples. This reform could help our indigenous population and
all Australians to better understand one another. It could help increase social
cohesion while benefiting our country in ways that are yet to be realised.
Reference List
Bolger, R 2019, Barnaby
Joyce admits he was wrong to call Indigenous voice a 'third chamber', SBS,
Crows Nest NSW, viewed 29 August 2019, https://www.sbs.com.au/news/barnaby-joyce-admits-he-was-wrong-to-call-indigenous-voice-a-third-chamber
Davis, M 2015, ‘Indigenous constitutional recognition
from the point of view of self-determination and its exercise through
democratic participation’, Indigenous Law Bulletin, vol. 8, no.1, pp.
10-14. Essential Media Communications, 2019, Indigenous Recognition
Referendum, Haymarket NSW, viewed 19 August 2019, https://www.essentialvision.com.au/indigenous-recognition-referendum
Grattan,
M 2019, The Morrison government proposes
an Indigenous recognition referendum this term, The Conversation, Parkville
Vic, viewed 26 August 2019, http://theconversation.com/the-morrison-government-proposes-an-indigenous-recognition-referendum-this-term-119998
Hunter,
F, 2019, 'Doors already shut can be reopened': Labor's plea for action on
Indigenous voice, The Sydney Morning Herald, Sydney NSW, viewed 30 August
2019, https://www.smh.com.au/politics/federal/doors-already-shut-can-be-reopened-labor-s-plea-for-action-on-indigenous-voice-20190828-p52lom.html
Indigenous Australians recognised in NSW
constitution 2010, video,
ABC, Sydney, Juanita Phillips (Host); Kristina Keneally (NSW Premier); Linda
Burney (NSW Community Services Minister)
Milman, O 2015, Indigenous Australians want treaty, not constitutional recognition, says elder, The Guardian, Australia, viewed 18 August 2019, https://www.theguardian.com/australia-news/2015/jul/12/indigenous-australians-want-treaty-not-constitutional-recognition-says-elder
National Indigenous Australians Agency 2019, Constitutional Recognition, Canberra ACT, viewed 15 August 2019, <www.niaa.gov.au/indigenous-affairs/constitutional-recognition>
Reconciliation Australia 2019, Constitutional recognition announcement a positive step towards reconciliation, Canberra ACT, viewed 27 August 2019, https://www.reconciliation.org.au/constitutional-recognition-announcement-a-positive-step-towards-reconciliation/
Taylor, P 2019, Wyatt rules out indigenous voice in people poll, The Australian, Surry Hills NSW, viewed 17 August 2019, https://www.theaustralian.com.au/nation/wyatt-rules-out-indigenous-voice-in-people-poll/news-story/60672a9a4b05f1b80805abc671ca6e96
