House debates

Tuesday, 23 May 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; Second Reading

4:23 pm

Photo of Carina GarlandCarina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

It is my privilege to speak on the crucial matter of amending our Constitution to recognise the voices of Aboriginal and Torres Strait Islander people. This bill, Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, is required to hold a referendum to amend the Australian Constitution and recognise our First Nations people through an Aboriginal and Torres Strait Islander Voice. This is the first referendum that I'll be old enough to vote in, and I'm looking forward to voting yes.

This bill and this referendum is about recognising Aboriginal and Torres Strait Islanders, who've been here for over 60,000 years, as the First Peoples of Australia. This is about listening to Aboriginal and Torres Strait Islander peoples on the practical changes that will have an impact in their communities. This bill is the product of robust and detailed consideration by the Referendum Working Group, by the Constitutional Expert Group and within government. It reflects the working group's advice to the government. A Voice is the form of constitutional recognition called for by over 250 First Nations delegates in the Uluru Statement from the Heart. It's a modest request, but the Australian people are issued with a very generous invitation to say yes and to ensure that we can move meaningfully to true reconciliation in this country.

I'm a strong advocate for this constitutional alteration, a change that holds the potential to rectify past injustices and pave the way for a more inclusive and truly equal Australia. I'm not a constitutional lawyer or expert, but I know that those who are, like Professors Anne Twomey and George Williams and former High Court Justice Kenneth Hayne, have cast their find opinions here and found that the proposed amendment is legally sound. It is not just the letter of this law, though, that we should be discussing and that is so significant; it is also the spirit of this law.

I want to acknowledge the rich and ancient cultures that have thrived on this land for tens of thousands of years. Aboriginal and Torres Strait Islander people, the first nations of Australia, have an intrinsic connection to country that stretches far beyond the establishment of the Commonwealth—the colonies that came together at Federation to comprise Australia. Specifically, I would like to acknowledge the Wurundjeri Woiwurrung people and the Bunurong people, who are the traditional owners of the land where my electorate, Chisolm, is located. Their voices have been marginalised for too long, and it's time that we rectified this historical, terrible injustice.

The proposed constitutional alteration aims to address a systemic exclusion of Aboriginal and Torres Strait Islander peoples from the decision-making processes that shape our nation. By providing a constitutionally enshrined voice, we can ensure that their perspectives, knowledge and aspirations are given due consideration in matters that affect them directly. This change is not about symbolism or tokenism. It is about substantive representation and genuine empowerment. It's about recognising that Indigenous Australians have a unique perspective, informed by their cultural heritage and their lived experiences, which can enrich our national discourse and guide us to more equitable and sustainable policies.

To those who argue against this constitutional alteration: let me remind you that we are not creating a separate or divisive power structure; rather, we're acknowledging the rightful place of Aboriginal and Torres Strait Islander peoples in our national governance, alongside the elected representatives of all Australians. This recognition is essential to creating a more inclusive society where the voices of all citizens are heard, respected and valued. This enhances our democracy.

It is essential to dispel the misconception that this constitutional amendment would undermine the sovereignty of our parliamentary system. On the contrary, as I have mentioned, it will strengthen our democracy by ensuring that decisions made in this place reflect the diverse needs and aspirations of our entire population. This will foster dialogue, reconciliation and genuine partnerships, moving us closer to the ideals of equality and social justice that lie at the core of our national identity, and that much-cited value of a fair go.

The process of constitutional change can be complex and challenging, but it's not insurmountable. We've done this before. In 1967 we changed the Constitution to include all Australians in lawmaking, and, as part of our population, specifically Aboriginal Australians. These changes have enriched our nation and enhanced our democratic fabric. Back then, though, it was the case that both major parties of government endorsed the referendum. Unfortunately, today we are in a parliament where not everybody embraces equality as they did in 1967, and that is a great shame. We have an opportunity here to take the next step in our national story, to build upon those foundations laid in 1967 and to forge a more inclusive future in our Constitution for all Australians. This is a remarkable opportunity before us.

Imagine this. In our ordinary lives, we often encounter situations where a simple act on our part may seem inconsequential, but we know deep down that it has the potential to bring about immense positive consequences for others. This is about empathy. It's about what our moral obligations to one another are. That's why I'll be voting yes, and I'm really pleased to be part of a government that recognises the moral obligation to and the empathy that we must hold for all people in this country.

This is a simple question that Australians are being asked. By supporting the Voice and amending the Constitution to recognise Aboriginal and Torres Strait Islander voices, we are changing what is possible for us in the future. This referendum presents us with a chance to rectify historical wrongs and dismantle the barriers that have silenced Indigenous voices for too long. This referendum is a chance for us to forge a future where every Australian, regardless of their background, is granted the dignity, respect and equal opportunities they deserve. By voting in favour of the Voice we declare our commitment to justice, reconciliation and a truly inclusive and equal society.

We have the power, in this referendum, to reshape the narrative of our nation, to rewrite the story of our shared identity and to say what kind of a country we want Australia to be. Through the Uluru Statement from the Heart, Australian people have been given an incredibly generous, gracious invitation. Let us accept that and say yes. By voting yes in support of the Voice, we send a powerful message, an unequivocal declaration that we stand with our Aboriginal and Torres Strait Islander brothers and sisters, that we refuse to perpetuate a status quo that marginalises and overlooks their voices. By voting yes, we demonstrate our embrace of a future where the wisdom, perspective and aspirations of First Nations Australians guide us towards a better Australia.

This is our chance—the chance of everyone in this parliament, of everyone in this nation—to stand on the right side of history, to be remembered as part of the generation that took the bold, decisive and moral action. The consequences of our choice will extend far beyond the vote. They will determine the trajectory of our nation for generations to come. Let's not squander our opportunity for meaningful, positive change for all Australians. I don't want to be part of a generation that hesitates and shies away from progress.

We need to be the generation that embraces the collective power and rises above the complacency we sometimes encounter and that rises above the divisiveness and negativity that, unfortunately, have been too often heard in this place, and outside this place, when it comes to talking about the lives of our First Nations people. That lacks the empathy and respect that discussions about our First Nations people deserve. Here are some reasons as to why I believe this constitutional alteration is essential, beyond the moral imperative.

We need to recognise their rights and empower Aboriginal and Torres Strait Islander people to acknowledge their unique cultural heritage, the historical significance of their presence on these lands and their rightful place as the First Nations people of Australia. We need to vote yes for meaningful representation so that there is a constitutionally enshrined platform for First Nations voices to be heard, ensuring that Aboriginal and Torres Strait Islander perspectives, knowledge and experience are considered, deeply, in decision-making processes that directly impact lives and communities.

We need to alter the Constitution so that we can get closer to closing the gap. There are far too many disparities faced by First Nations people compared to the general population of Australia. We must do more to close this gap, and what we've been doing has not worked. Let us try listening to communities. Let us try to work together to bring about the change that we must have.

We must get closer to reconciliation and healing in this country. And when the Australian people are offered such a generous opportunity by those who participated in and wrote the Uluru Statement from the Heart, we cannot turn our backs to that. We must listen. We must take that step, that very important step, and vote yes so that we can truly have reconciliation and healing in this country.

We must see this as an opportunity for this country to create a new narrative and for the people able to participate in this vote to leave a legacy of justice, equality and unity. This is an incredibly important piece of legislation before us today. Let us embrace this moment with courage, with empathy and with a shared commitment to justice. As a nation, I hope we seize this chance to create a nation where every Australian, regardless of their background, has a true and equal voice in shaping our collective destiny and that we are able to continue the work of putting some of the wrongs to rest and create a more positive story for this nation. This is an important step towards a more just and harmonious Australia, and I'm very pleased to support this bill today.

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