Read The Times Australia

Daily Bulletin

Treaty debate will only strengthen Indigenous recognition process

  • Written by: Paul Kildea, Lecturer, Faculty of Law; Referendums Project Director at the Gilbert + Tobin Centre of Public Law, UNSW Australia
image

Indigenous affairs had a rare moment in the election spotlight when Opposition Leader Bill Shorten signalled he was open to supporting a treaty with Indigenous Australia. Shorten told a Q&A audience last week that it was important to discuss:

… what a post-constitutional recognition settlement with Indigenous people looks like.

Prime Minister Malcolm Turnbull jumped on the comments, saying they threatened to derail the constitutional recognition process. Some commentators agreed.

Turnbull’s remarks reflect genuine anxiety that support for recognition is cooling and a referendum could fail if the public begins to focus on other reform ideas.

But this is misguided. It was never feasible that the push for constitutional recognition could be quarantined from debates about a treaty. And if we are to have a mature and sensible debate on recognition, we must be more willing to embrace difficult issues and diverse perspectives.

Treaty versus constitutional recognition?

Australia is the only Commonwealth country that does not have a treaty with its Indigenous peoples. This fact has been at the centre of conversations about reconciliation for decades.

In 2000, the Council for Aboriginal Reconciliation recommended:

… the Commonwealth parliament enact legislation … to put in place a process which will unite all Australians by way of an agreement, or treaty, through which unresolved issues of reconciliation can be resolved.

But there is a sense that talk of a treaty has increased in recent months. This is partly due to the Victorian government’s decision to commence its own process aimed at negotiating a formal agreement with the state’s Indigenous peoples. Shorten’s comments have only added to the issue’s profile.

Turnbull evidently feels talk of a treaty will “scare the horses” and cause the public to vote down the referendum planned for 2017.

This is understandable. As the leader of the failed republic campaign in 1999, he knows more than anybody how difficult referendums are to pass, and how crucial public support and bipartisanship are. No doubt he had this in mind when he called on Shorten to exercise “more discipline and more focus”.

But it is far too premature for the prime minister to call on the opposition to close ranks and carefully usher constitutional recognition through the referendum process. For starters, we are well short of a political or public consensus on what form recognition should take. Community and party support for the general idea of “recognition” conceals fundamental disagreements about whether reform should be minimalist or substantive.

In the four years since the expert panel on constitutional recognition delivered its report, neither major party has been willing to lead the difficult but necessary discussion about the different proposals for reform. If anything, the major parties have shown too much “discipline and focus” in maintaining superficial levels of bipartisanship at the expense of dealing with important matters of detail.

Turnbull also places too high a value on the objective of “winning” a referendum. His anxiety about bipartisanship and discipline suggests the government’s primary goal is to develop a proposal that can clear the notoriously high bar for achieving constitutional change.

This elevates pragmatism above everything else. This process’ goal should not be to win a referendum, but instead to forge a stronger political settlement between the Australian government and the nation’s First Peoples. That can only be achieved through an open and robust discussion that embraces difficult issues and diverse perspectives.

This is the kind of vigorous debate that has been happening in Indigenous communities for some time. It is the sort of national conversation that could have begun years ago – if our politicians had shown more leadership.

Looking ahead

If Australia is to have a mature debate on recognition, it is only natural that a treaty will be part of that. Both issues are central to the reconciliation process.

Indigenous Labor senator Patrick Dodson has said:

Recognition is an important step on the road to reconciliation, and it is the immediate priority, but it is not the end of the road. Many Aboriginal people feel a treaty is a path to reconciliation, and that needs to respected. These issues aren’t mutually exclusive. We can talk about both.

Tanya Hosch, Recognise’s outgoing joint campaign director, agrees:

Treaty and constitutional recognition can coexist. We can work for both.

Dodson and Hosch evidently hope for a more nuanced debate on recognition – and the good news is that it might be about to happen. Commencing in late June, the Referendum Council will conduct a series of community consultations, beginning with Indigenous leadership meetings in Broome, Thursday Island and Melbourne. These will be followed by a series of regional dialogues for Aboriginal and Torres Strait Islander peoples.

Constitutional reform is the focus, but the council has made clear that it will not attempt to prevent participants from discussing a treaty.

These meetings have the potential to promote a wide-ranging and respectful discussion that also involves strong and heartfelt disagreement. They could help Australians work towards a more meaningful and durable consensus on recognition, treaty and any other reform ideas that emerge. Pragmatism will naturally be part of that conversation, but it must not lead it.

Authors: Paul Kildea, Lecturer, Faculty of Law; Referendums Project Director at the Gilbert + Tobin Centre of Public Law, UNSW Australia

Read more http://theconversation.com/treaty-debate-will-only-strengthen-indigenous-recognition-process-61078

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...