Andrew Wilkie (Clark, Independent) Share this | Hansard source

I begin by acknowledging the traditional owners of this country, and I pay respect to the elders past, present and emerging. In particular, I would like to acknowledge the Ngunnawal and Ngambri peoples, who are the traditional owners of the land on which we meet today, as well as the palawa and muwinina peoples, who are the traditional owners of the land in which the federal division of Clark lies.

Regarding the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, I begin by noting that in May 2017 more than 250 Aboriginal and Torres Strait Islander delegates gathered at the First Nations National Constitutional Convention, with the overwhelming majority supporting the Uluru Statement from the Heart, which called for—with absolute clarity—voice, treaty and truth. To that end, this bill is the essential enabler for creating the first of those pillars, that of a constitutionally enshrined Indigenous voice to parliament. It is this bill that will allow Australians later this year to have the opportunity to vote in a referendum to decide whether or not to alter our Constitution so as to give First Nations people a say in the thinking, policies and laws which affect them. That is obviously important, enormously important, and that is why I will unflinchingly support the bill and will ultimately, proudly and with a smile on my face, vote yes on a referendum.

It is impossible to overstate just how inherently important First Nations peoples are. For at least 65,000 years they have lived on this land, nurtured families, taken care of country and developed a rich and deep culture. They are of global significance. But when the British occupied Australia in 1788, everything changed. Land was stolen. First Nations people were murdered. Children taken away from their family and community. Since then, all First Nations people have been subjected to a paternalistic system that has endured for 235 years. Yes, countless non-Indigenous Australians laboured tirelessly to do the right thing by First Nations people. But many didn't. Systemically, the whole approach consistently and horridly failed Indigenous communities. That helps to explain why an Indigenous voice to parliament is so very important.

History shows this clearly, that what we have been doing up until now simply isn't working. When you drill down into all the problems and deficiencies and the enduring and chronic disadvantage that First Nations people face in this country, we see that so much of it comes from the paternalism of decision-makers like us—in other words, the mindset of old white men thinking, 'We know what you need,' or 'We know what is good for you.' All of that is so terribly wrong.

Business as usual is not an option any longer. All the indicators show clearly that what we've been doing up until now, regarding First Nations people, simply doesn't work. It has failed dreadfully. When we come into the parliament, year after year, to listen to the Closing the Gap speech, we hear of the continued injustices faced by First Nations people and that the policies implemented by successive governments over a number of years just aren't working. Remember, as noted by the Attorney-General in his introductory speech for this bill, 11 of the 15 Closing the Gap targets are not on track and, shamefully, some are actually going backwards.

First Nations people continue to have lower life expectancies, lower educational outcomes and higher suicide rates than non-Indigenous Australians. They continue to be, overwhelmingly, over-represented within the criminal justice system, in particular. Indeed, despite making up only three per cent of the population, First Nations adults make up 32 per cent of the prison population. Moreover, First Nations children are jailed at 20 times the rate of non-Indigenous children. All of that is, quite frankly, unconscionable.

This is not the fault of First Nations people. No, the responsibility falls entirely to a paternalistic system, to old white men who, for more than two centuries, have completely misjudged and mismanaged the relevant policies and their implementation. Governments know this. They've known it for a long time. but it's not as though we haven't had the answers at our fingertips for years. More than 30 years ago, the Royal Commission into Aboriginal Deaths in Custody did a thorough examination of the issues and handed down hundreds of recommendations to start winding back the shocking prevalence of Aboriginal deaths in custody. But, to this day, none of the significant recommendations have been implemented, and 527 more Aboriginal deaths in custody have, tragically, occurred. Moreover, the rate of deaths has actually increased. That is a systematic failure of the parliament and a perfect example of why the Voice to parliament is so critical.

Through the Voice, First Nations people will finally get a mechanism to challenge the government and hold it to account by being empowered to raise their concerns. For instance, through the Voice, First Nations people will be able to advise government about what is really needed to keep First Nations people out of prison. It will be able to provide advice and recommendations on why effective justice reinvestment is crucial to keeping people out of the justice system, to improving their lives and keeping them out of prison. And this is important. This is the sort of reason we all should support the 'yes' vote. We need to listen to what First Nations people believe is needed and to act on their recommendations, if we are to have the best chance of turning around the terrible injustices being meted out to First Nations people to this day.

Moreover, the wisdom of First Nations people—in particular, their connection to this land—is invaluable and something that should be treasured, but, regrettably, this has not been the case, not just in terms of what is needed for First Nations people today but also in the recognition and preservation of what is the oldest ongoing culture on the planet. Few could forget the moment on 24 May 2020—three years ago to the day, yesterday—when the mining giant Rio Tinto destroyed Juukan Gorge in Western Australia. Remember: in the blink of an eye, 46,000 years of First Nations culture and history were blown up. And for what? For a mining company to pocket $104 million from the iron ore below Aboriginal land, which is a scandal that, morally, at least, should have seen managers locked up and the key thrown away. But, of course, it was all perfectly legal under Western Australia's outdated and inadequate Aboriginal heritage legislation.

Mind you, lax federal and state laws have permitted the destruction of First Nations' cultural heritage for centuries, and it's way beyond time we did something about it so as to make sure their wonderful culture can be preserved for future generations. And preserved it must be—not least because Australia is a much better place because of our remarkable history in full. So we need to not only preserve that but also draw from the culture and knowledge that First Nations people have developed over 65,000 years or more, if we are to move forward as a country.

I trust that my contribution today—backing in, as it does, the many fine speeches delivered by at least some of my parliamentary colleagues—paints a clear picture of why we desperately need a constitutionally-enshrined voice to parliament. But we must not forget, here, that the Voice is but one pillar of the Uluru Statement from the Heart and that, to achieve real, meaningful reform, we must continue to listen to First Nations people, including by establishing a Makarrata commission and legislating a treaty. That is what First Nations people want, and we cannot fall back into the trap of thinking that we old white men know better, because we don't.

If I could make one final point, it's to remind the community that, at the referendum, every eligible voter will have exactly the same power to effect change. Yes, the parliament is preoccupied with this bill, and, yes, some members of the community likely think that we're in here actually deciding whether or not to create a voice to parliament. But of course we're not. No, what we're doing instead is merely deciding a bill that will facilitate the referendum.

So I support this bill, just as I support a constitutionally-enshrined voice to parliament, and I look forward to voting 'yes' in the referendum later this year. To that end, I urge all Australians to do the same, because it's way beyond time for us to listen to First Nations people and it's way beyond time for them to have an effective say in the thinking, policies and laws that affect them.

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