Senate debates

Wednesday, 14 June 2023

Bills

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

8:50 pm

Photo of David PocockDavid Pocock (ACT, Independent) Share this | Hansard source

I rise in support of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023. I know we acknowledge country in the morning, at the start of the Senate, but it does seem fitting to acknowledge that we are on Ngunnawal country, an incredible part of the world that has been looked after for tens of thousands of years. As an immigrant to this country, having moved here 20 years ago with my family, I am incredibly grateful for the opportunities that it has afforded me and will always be grateful for that and seek to contribute.

Having grown up in Zimbabwe, a country that by the time I was born had undergone independence, was grappling with decolonisation—at times, in a messy way—but was trying to find a way forward, I've been struck again and again by the generosity of Aboriginal and Torres Strait Islander people here. They're still welcoming people to their country after the brutal history of colonisation, knowing that we're one of the only developed countries—if not the only one—without a treaty and that we still do not have recognition of Australia's First Peoples. There is a strong argument that we are not responsible for the things that happened—you're not responsible for the things that your ancestors did—but what we are responsible for is the kind of future that we're building, and I really believe that the centre of that, given our history, has to be reconciliation. This does require change. I agree that if it ain't broke don't fix it, but we need to face up to the fact that it is broken. Decades of governments on both sides of politics have grappled as best as they've known how to try and deal with entrenched disadvantage in Aboriginal and Torres Strait Islander communities, and we still see the gap reported every year.

This is a huge moment in our history. We are at the point where we have decided as a country that we will go to a referendum to vote on whether we believe Aboriginal and Torres Strait Islander people, Australia's First Peoples, should be recognised in our Constitution and whether or not those same people across the country should have a say on the laws that affect them. It seems a straightforward proposal to me. The Uluru Statement from the Heart was the result of one of the biggest consultations and deliberative democratic processes in our history. It is a powerful statement and it is a generous offer to Australians: to find a way forward together, to walk together in a way that allows First Nations people to have a say on things that affect them so that we can start to deal with the issues that we talk a lot about here in the Senate. To quote the Uluru Statement from the Heart:

With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia's nationhood.

This is a step on the road to reconciliation. This combines the deeply symbolic act of a nation changing its constitution as well as the very practical way of beginning to deal with the entrenched disadvantage we see in communities across the country, by consulting. People know their problems better than anyone else. When you listen to people, when you consult, you get better outcomes. We hear so many senators having a go about the lack of consultation on this or that piece of legislation. This is an opportunity to ensure that we do have that consultation when it comes to an issue that we have failed to address.

On the point of making representations, it's been disappointing, after the committee process where it seemed so clear to me that there was overwhelming evidence from constitutional lawyers and experts that this was sound wording. As I've seen many times, the government is not obliged to take advice, but certainly a lot has been made of that.

From consulting with Ngunnawal people here in the ACT, and with other Aboriginal and Torres Strait Islander people, there is a deep desire to see this referendum succeed in terms of what it will mean for our country. We have to acknowledge how tough this debate is for many people, and we'd really like to call out some of the misinformation that we have seen thrown around: the fearmongering. This is an opportunity to make the case for an Australia that is committed to addressing this challenge. Ngunnawal elder Aunty Violet Sheridan said: 'We need to make change. We need to make a difference. Think about the next generation and the next generation. I want my great grandchildren to walk beside their friends and not let them see that there's a difference between us. We are proud Aboriginal people, proud First Nations people, but we are also proud Australians. So let's work into the future to make a difference. Please support this yes vote because it will make a difference to my people. I'm 68 years old. My eldest granddaughter is 27. Will she be 68 when her granddaughter is standing beside her, and nothing has changed?'

I'm hoping the Voice will empower communities and that the government will sit down and listen. This year, as a country, we have a chance to be part of building something together. I commend this bill and urge my Senate colleagues to be part of a new future that we can chart together. We know that the decision on the Voice will be up to the parliament, so the claims of lack of detail are disingenuous. This is about ensuring that we don't see what's happened to the other seven Aboriginal and Torres Strait Islander organisations that fell at political whims. This is about ensuring that we are committed to listening. What the Voice looks like will be up to the parliament, as it should be. And that will hopefully change as we learn better ways to actually consult.

We should be proud, as a country, to have the oldest continuing cultures in the world. We're facing some very big challenges here in Australia when it comes to climate change—the ecological crisis that we're seeing. As a country, we need Indigenous knowledge and Indigenous wisdom more than ever. In this debate we have an opportunity not only to recognise Australia's First Peoples but also to actually truly begin to listen. It really doesn't seem like you often get to speak on something that can truly change our country not in a matter of days or weeks but over years and years and years. We have an opportunity to start to address the many issues that we talk about here and the many more issues that we don't even know about. I thank the Senate for this opportunity, and I would encourage Senate colleagues on all sides to keep the debate grounded in fact. Remember that there are a lot of people watching this debate, and this affects their lives. This affects the experiences that they are having in their communities.

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