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(Continued …)

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The Uluru Statement from the Heart is an invitation in the form of a petition to the Australian people from First Nations Australians. It asks all Australians to walk together to build a better future by establishing a First Nations Voice to Parliament enshrined in the Constitution, and the establishment of a Makarrata Commission for the purpose of treaty-making and truth-telling.

Like most invitations, it does not define any responsibilities, though some invitations might, very exceptionally. For example, you might receive an invitation to a tea party in which you are asked to bring your own tea bags. That’s your responsibility. It is presumed that the host will supply the teacups and the hot water. That may be deemed his or her responsibility.

The invitation of our First Nations peoples does not specify any responsibilities other than to accompany them “to build a better future by establishing a First Nations Voice to Parliament enshrined in the Constitution, and the establishment of a Makarrata Commission for the purpose of treaty making and truth-telling”.

The question in the referendum makes no mention of “the establishment of a Makarrata Commission”. We are not asked to condone or reject any such “Makarrata Commission”.

We are only asked “to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice”.

That is an important deletion. “ Makarrata” in the minds of many First Nations peoples is interpreted to mean “treaty making”, but, I understand it means more broadly “coming together after a struggle”.

I, personally, am not in favour of establishing treaties with our indigenous peoples. I consider that we are all citizens of one and the same indivisible nation. I see no sense in a particular group of Australian citizens establishing treaties with the rest of the nation. I find that divisive and inappropriate.

It would be counterproductive. The objective is unity, not division.

In my view, parliamentary legislation should remain the standard and exclusive procedure for the establishment of any future legislation relating to Aboriginal and Torres Strait Islander Affairs.

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Banjo Paterson,
Are you writing from experience with indigenous affairs or simply with innocent emotion ?
Will the Voice panel be on a constant path to the High Court whenever feasibility issues arise from the rejection of advise ?
What prevention measures are proposed to prevent the Voice from becoming another Cash Cow for Lawyers as is presently the case ?
Emotional & idealistic rhetoric does not translate into workable solutions, it merely provides a path to more corruption & misappropriation simply because of the absence of effort & commitment by those constantly demanding from those who already provide more to the wrong people most of whom aren't even indigenous !

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Dear Indyvidual,

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You paint a rather pessimistic picture there, Indyvidual.

Since, as you say, we have such ample experience of so much wrongdoing and subsequent failure of previous attempts to correctly manage Aboriginal affairs, it’s not unreasonable to hope that we might eventually get it right.

When we officially endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2009, the Rudd Government stated its intent was to reset relations between Indigenous and non-Indigenous Australians and to build trust in order to work together to overcome the legacy of the past and shape the future together.

And in our pledge as candidate to the United Nations Human Rights Council, the Abbott government committed to giving practical effect not only to UNDRIP but also to the Outcome Document of the World Conference on Indigenous Peoples’.

Article 18 of UNDRIP :

« Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. »

Article 19 of UNDRIP :

« States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. »

Item 3 of the Outcome Document of the World Conference on Indigenous Peoples’ :

« We reaffirm our support for the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly on 13 September 2007,2 and our commitments made in this respect to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them, in accordance with the applicable principles of the Declaration. »

The Voice referendum aims to honour those international commitments made by our successive governments.

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Also, Indyvidual,

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As regards your comment about “the Voice … becoming another Cash Cow for Lawyers as is presently the case” :

Allow me to explain if need be, that the legal profession in Australia is represented at the national level by The Law Council of Australia. It speaks on behalf of the State and Territory law societies, bar associations and law firms. It promotes the administration of justice, access to justice and general improvement of the law, advising governments, courts and federal agencies on ways in which the law and the justice system can be improved for the benefit of the community.

This is what the Law Council of Australia recommended to our Federal Senate on 24 June 2022 for the application of the UNDRIP provisions in our current legal framework :

http://lawcouncil.au/publicassets/fbfd761e-43fe-ec11-945c-005056be13b5/2022%2006%2024%20-%20S%20-%20Inquiry%20into%20the%20Application%20of%20the%20UNDRIP%20in%20Australia.pdf

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Banjo Paterson,
Let us know please when Legal Aid is available for every citizen who is a victim & not just for the perpetrators !

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Dear Indyvidual,

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I’m afraid I am not familiar with what may or may not be available in Australia as regards free legal services for victims.

Perhaps you could make some enquiries by contacting National Legal Aid (NLA) at http://www.nationallegalaid.org/ and perhaps also the Law Council of Australia (LCA) at http://lawcouncil.au/contact-us.

They may be able to point you in the right direction.

But I’ve got good news for you, Indyvidual :

It’s gonna be a sunshiny day !

http://www.youtube.com/watch?v=FXSdOyh1HaM&ab_channel=ORIGNALAUSTRALIAN

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