Senate debates

Tuesday, 13 June 2023

Bills

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

1:04 pm

Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | Hansard source

I want to thank Senator Cox for speaking in language in this place. I want to start by acknowledging the traditional owners of country and pay my respects to elders past and present. I want to acknowledge the Ngunnawal and Ngambri people and the Ngunnawal and Ngambri people's continuous connection to this place. I want to acknowledge all traditional owners of our nation, and I want to say very clearly in this place that this always was and always will be Aboriginal land.

Today, Lake Mungo is a vast and dry landscape in south-west New South Wales, 700 kilometres north of Melbourne and a couple of hours north of my home town of Swan Hill. Forty-two thousand years ago the lake was actually a lake, filled with water and a part of the Willandra Lakes system. Mungo Woman and Mungo Man lived and died on these shores. When their remains were unearthed in the 1960s and 1970s, Lake Mungo became the site of international attention. Today they remain some of the earliest modern remains found in the world. Mungo Lady, cremated more than 40,000 years ago, is the oldest known cremation in the world, representing very clear evidence of spirituality. Mungo Man had been covered with red ochre and buried. These are culturally significant and sacred sites. This is also my country. Mungo Man and Mungo Woman are my ancestors.

I'm a proud Mutthi Mutthi and Wamba Wamba woman with links to country all along the Murray River, and I stand here today on the shoulders of giants. I think of my grandparents and the incredible women in my life who have raised me and enabled me to stand here today. I'm the first Aboriginal Labor senator for Victoria and the youngest First Nation woman elected to our federal parliament. I am proud to stand in this chamber today to speak in support of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 legislation.

The successful passage of this legislation will see First Nations Australians recognised as the First Peoples of this nation and let us take our rightful place in the Australian Constitution. It will enable Aboriginal and Torres Strait Islander Australians to have a say in and be consulted on matters that impact our communities. The opportunity afforded to us this year, through the referendum, has been hard fought. First Nations communities across Australia have been working towards the establishment of a Voice for very many years. Now First Nations leaders from across the country have invited Australians, through the Uluru Statement from the Heart, to walk with us. In 1967 we were counted. In 2023 we invite you to walk with us in a movement of the Australian people for a better future. We're asking to be seen. We're asking to be listened to. We're asking to have a say on matters that affect us, to begin moving forward as a nation and addressing the gaps for Aboriginal and Torres Strait Islander people. We're asking for a Voice.

It is about creating practical and lasting change that will lead to better policies and improve the lives of First Nations people in areas like health, education and housing. The Closing the Gap report continues to publish statistics which show that current policies and initiatives are not leading to better outcomes for First Nations communities in areas like social welfare, education, health, child protection, social justice—and I could go on and on and on—and it is damning of this country.

In the 2023 implementation report, the proportion of Aboriginal and Torres Strait Islander children assessed as developmentally on track in all five domains of the Australian Early Development Census has dropped. It has dropped. The target for healthy birth weights for babies has gone from being on track to not on track. This is not an abstract conversation to me. These are not just numbers on a page. These conversations are about my family, they're about my community, they're about my aunties, my uncles, my nieces and my nephews. These conversations are about my sons. This is their lives. This is my life.

There have been 47 parliaments since Federation. There have been 51 prime ministers and 22 ministers for Indigenous Australians in various forms. There have been countless chances, moments, committees, organisations, election commitments and budget announcements—countless moments that have been missed. And we still don't have parity. We are still not equal in our own country—and we are far, far from it.

To say that our current efforts, policies, programs—whatever you want to look at—are not leading to successful outcomes would be putting it politely. As Aunty Pat Anderson from the referendum committee has said, everyday First Nations Australians don't have the megaphones of politicians. So we need to give all Aboriginal and Torres Strait Islander individuals and communities a Voice. No more status quo—it is not good enough in 2023. A constitutionally enshrined Voice will give Aboriginal and Torres Strait Islander Australians an opportunity to change our lives for the better. It will give us a say in the matters that affect our communities.

I would like to take a moment to acknowledge the strength of my community, the strength of mob. We've been voiceless for too long. Across the five public hearings of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice, we heard from First Nations people and their organisations. We heard from legal experts, journalists and trade unionists about this strength and resilience of First Nations communities. We heard a very, very strong desire for a new approach. We heard of a potential for community engagement in the Voice and the positive impacts it could have for community, and how it ties to existing structures in First Nations communities.

Aunty Pat Anderson spoke of her personal experiences over many years: 'Every time there's a change of government, minister or head of department, we all have to come back to Canberra and justify. We have to explain who we are. Often we have to bring a map to show where we're coming from. We talk to the government of the day and explain who we are and why we need to maintain the level of funding that we already have to run our organisations, our families, and explain what our needs are—every time there's a change.' As she said, 'We keep running on the spot here.' She also said: 'A lot of money—you know better than me—is spent on us. It doesn't get down to where the real needs are. That's why we need to talk to the government of the day as well as to parliament. That's why we need a voice.'

Former Minister for Indigenous Australians Ken Wyatt presented analysis of legislation considered in 2022 and the degree to which Aboriginal organisations or communities were consulted on legislation that was directly relevant to their circumstances. In that year alone, in the consideration of religious discrimination legislation, the National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Bill and the Family Law Amendment (Federal Family Violence Orders) Bill, Mr Wyatt noted that no Aboriginal organisations provided input into these bills—zero. He also said that the government amendments to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill had some 20 organisations listed, but not one of them was Indigenous, yet they have profound impacts on Indigenous families and communities.

While I feel optimistic that, by and large, Australians support reconciliation and they support giving First Nations people a fair go, I know that the next few months will be hard. Sadly, the public debate about the referendum has been quite ugly, and I fear it's going to get worse. Words have been used as a powerful weapon against First Nations communities for a very, very long time. For our mob, racism and hate have already been on the rise and on full display for all to see while we discuss enshrining a First Nations Voice in our Constitution. These are the words that are heard by my nieces and nephews, my cousins, my aunties and uncles. These words have real-world impacts.

But words can also be used to unite us: a proposed law to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve of this proposed alteration? Writing three simple letters, saying yes to these words, will mean Australians will have taken the next step towards bettering the lives of First Nations people. It will mean a more united country, united by the desire for progress and a more equal and fair country for everyone. A First Nations Voice to parliament is an opportunity for the Australian people to walk with Aboriginal and Torres Strait Islander people towards a better future for all Australians. My great hope is that we will wake up the day after the referendum as a better nation.

I want to thank all who have shown support so far—multicultural communities, organisations, the trade unions, sporting organisations, everyday Australians and individuals. Thank you for your solidarity. I want to encourage you to be loud and proud in your support for the Voice, because First Nations people will be watching. Together, we can ensure every Australian can be proud of the society we have built together. In the words of the Uluru Statement from the Heart:

We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.

We call for the establishment of a First Nations Voice enshrined in the Constitution.

While this bill seeks to recognise Aboriginal and Torres Strait Islander people, it's not just about us. This is about who we are as a country. This is about my children and it's about your children. It's about our children inheriting a better country than each of us has grown up in. That's what's at stake. As a parent, you know that it is ingrained in you to want everything for your children—a better life and a better future than what you had. Supporting the referendum is an opportunity to give them that. My very strong message to this place is: don't let them down.

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