2022 Evatt Lecture – University of Sydney

Ballumb Ambul Gadigal yindamarra. Ngadu – yirra bang marang.

I have just said in Wiradjuri, the language of my people – that I pay my respects to the Gadigal people, of the Eora Nation – and honour their custodianship and care for country.

I extend that respect to all Aboriginal and Torres Strait Islander peoples from all “points of the southern sky”.

I am honoured to be delivering the Evatt Lecture for 2022 here in the Charles Perkins theatre.

Thank you to Norma Ingram for the welcome to country.

Thank you to Prof. Lisa Jackson Pulver for the generous introduction.

To Prof. Mark Scott VC

John Graham

And to Thomas Mayor.

Thank you

I want to thank the Evatt Foundation for inviting me to speak on a topic which you have described as having enormous moral, legal and social significance to this nation –

The referendum to enshrine an Aboriginal and Torres Strait Islander Voice to Parliament in our Constitution and the implementation of the Uluru Statement

This topic closely aligns to the ideals on which the Evatt Foundation was founded –

Social justice, equality, democracy and human rights.

It is fitting that tonight’s lecture has returned to the University of Sydney, where the Evatt Foundation was first launched in 1979.

Because at that very launch, the legendary Faith Bandler, leader of the successful YES campaign for the 1967 referendum on Aboriginal Australians, spoke before a large group of supporters.

Now 43 years on from that launch –

And 55 years on from the historical 1967 referendum –

I stand before you this evening with an invitation to walk with Aboriginal and Torres Strait Islander peoples once again.

An invitation to answer the call of history.

An invitation to walk together to create a better future for all Australians.

As the Uluru Statement from the Heart states:

In 1967 we were counted, in 2017 we seek to be heard.

The Uluru Dialogues

The Uluru Statement didn’t come from nowhere.

The Uluru Statement from the Heart was endorsed through an unprecedented nation-wide consultation process –

Imbued with cultural authority.

It is the culmination of a process of regional dialogues leading to a First Nations National Constitutional Convention:

Never before had we seen a constitutional convention convened with and for First Peoples.

In the heart of the nation.

Its ambitions were lofty.

To address the historical exclusion of Aboriginal and Torres Strait Islander peoples from the original processes which led to the drafting of Australia’s Constitution.

The process was structured and adapted by First Nations peoples to suit the needs of the First Nations peoples.

The Dialogues provided for a comprehensive legal explanation of each of the proposals –

And issues canvassed during these sessions were reported back to the plenary session.

The exhaustive deliberations and informed participation in the First Nations Regional Dialogues led to consensus at Uluru.

The outcome captured in the Uluru Statement was a testament to the process –

Allowing for the wisdom and intent of the First Nations representatives of the Dialogues to find consensus.[1]

And I want to pay tribute to Megan Davis, Pat Anderson and Noel Pearson – among others – for their extraordinary contribution in making Uluru Statement a reality.

And I understand that they will be awarded the Sydney Peace Prize next month.

Why voice comes first

Now, you might have heard a bit of noise recently from the Greens on these issues.

You see the Greens like to argue that Treaty should come before Voice.

Tonight, I want to spend some time explaining why Voice should come first.

First of all, it’s what the Uluru Statement says!

The Uluru Statement makes clear the sequence –

A First Nations Voice to Parliament, enshrined in the Constitution.

A Makarrata Commission to supervise agreement making –

And to oversee a process of truth-telling.

Now, why is the sequence so important?

Voice comes first because it will start to address the political disempowerment of Indigenous Australians.

For too long government and bureaucrats and have made policies for Aboriginal people, not with Aboriginal people.

1967 might have made us equal before the law.

But generations of discrimination, systemic racism and entrenched disadvantage means we are starting from a long way behind.

The Voice can help change that

It will improve lives and drive practical outcomes in health, education and housing.

And Voice will set us on the path to Treaty and Truth.

Now, to be clear, that doesn’t mean we can’t begin preparatory work on truth-telling

And this is something I’ll return to that a little later.

But I think it’s appropriate to use the example of Victoria – the state that is most advanced on its journey to Voice, Truth and Treaty.

Yesterday, the Victorian Government signed off on the framework that sets up the principles for negotiating treaty.

Significantly, a state-wide treaty cannot be negotiated until after the election of the new First Peoples’ Assembly, due next year.

The framework does allow for some traditional owners to commence treaty processes earlier than that, in some instances.

But in order to have a Victoria-wide treaty you need to have a representative body in place to begin that process.

So the Victorian example shows the importance of having a sequenced approach to implementing the Uluru Statement –

And for the Commonwealth Government that means giving the greatest focus to the referendum on the Voice – before we move to implement the other elements of the Statement.

Referedum

Friends, we will hold a referendum to enshrine an Aboriginal and Torres Strait Islander Voice in the Constitution in this term of Parliament.

Much progress towards this goal has already been made.

At Garma the Prime Minister announced a possible referendum question and amendment –

Our starting point is a recommendation to add three sentences to the Constitution, in recognition of Aboriginal and Torres Strait Islanders as the First Peoples’ of Australia.

1. There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice.
2. The Aboriginal and Torres Strait Islander Voice may make representations to Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander Peoples.
3. The Parliament shall, subject to this Constitution, have power to make laws with respect to the composition, functions, powers and procedures of the Aboriginal and Torres Strait Islander Voice.

We are considering modernising the referendum process by updating legislation to reflect modern electoral delivery.

We are working towards enfranchising all Australians – particularly Aboriginal and Torres Strait Islander people and people in remote communities.

The Attorney General is setting up a processes to seek advice from Aboriginal and Torres Strait Islander leaders and from legal experts.

We are building coalitions of support across the community.

We are working with our state and territory colleagues to work towards a constitutionally enshrined Voice.

And next week our Government will release its first budget which will outline some of the next steps in this process.

Voice to Parliament

Aboriginal and Torres Strait Islander people have been leading the way in developing a Voice –

And substantial amount of work has been done to date to get us to this once-in-a-generation opportunity.

Earlier this month I met with more than 60 Aboriginal and Torres Strait Islander people at Parliament House to start to consider the process towards enshrining the Voice in the Constitution.

These people make up the Referendum Working Group and the Referendum Engagement Group and represent a broad range of communities, cultures and expertise.

The Working Group members discussed a set of key design principles for the Voice drawn from work already done.

Those principles identify the Voice as a body that:

1. The Voice would:

1. 1. provides independent advice to the Parliament and Government
   2. is chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities
   3. is representative of Aboriginal and Torres Strait Islander communities
   4. is empowering, community led, inclusive, respectful, culturally informed and gender balanced, and includes youth
   5. is accountable and transparent
   6. works alongside existing organisations and traditional structures.
   1. not have a program delivery function
   2. not have a veto power.

Next week I will meet with the Working Group again to continue these important discussions.

In their first meeting, the Engagement Group discussed what more could be done to ensure all Australians understand the Voice, and how to best build support in communities.

States and Territories

All state and territory governments are working towards improving First Nations decision making and representation in some way.

Several states are working towards or have established state-wide ‘voice’ bodies – and as I mentioned earlier, Victoria is the most advanced in this.

While Queensland, South Australia and the NT are in the early design and consultation phase.

The Referendum Working Group highlighted the importance of connecting the Aboriginal and Torres Strait Islander Voice to regional and local arrangements.

It is important for us to support ways for First Nations people to come together with all levels of government to have a say on what matters most to them – including practical action to Close the Gap.

We will continue to consider ways to strengthen these connections as we continue to move forward in partnership.

To this end, I will be meeting with State and Territories Ministers again at the end of the year.

Makaratta

As part of the Government’s commitment to implement the Uluru Statement from the Heart in full, we will also establish an independent Makarrata Commission to oversee a national process for agreement-making and truth-telling.

The Uluru Statement says:

“Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination.”

And in the Budget next week, the government will be to getting started on the $27 million commitment we took to the election

This will be the first small step to establishing a national truth-telling body.

This journey is not quick.

The ground work is really important

We must not undermine states and territories who have work underway.

We very much welcome and acknowledge the many truth-telling and agreement-making initiatives already underway at the state and territory level.

They will be considered as part of any decisions the Government makes regarding the design and functions of the Makarrata Commission –

Conclusion

The path to referendum requires us to work together.

With your help, we can harness the goodwill of the Australian people.

Mobilising your network will be key in spreading support for the Voice and the referendum –

Talk to your work colleagues, your family and friends about why this change is important.

Help them understand why Government should listen to Aboriginal and Torres Strait Islander people when making policies and programs that affect them.

Together we can realise a change that not only empowers Aboriginal and Torres Strait Islander people, but will improve our country as a whole.

So I invite you all to walk with us on this path towards a referendum and the Voice and lay a foundation in history just as the Evatt Foundation laid its foundation in 1979.

I want to finish tonight by quoting from the Uluru Statement:

“Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people.

Our children are aliened from their families at unprecedented rates.

This cannot be because we have no love for them.

And our youth languish in detention in obscene numbers.

They should be our hope for the future.

These dimensions of our crisis tell plainly the structural nature of our problem.

This is the torment of our powerlessness.

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.

In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country.

We invite you to walk with us in a movement of the Australian people for a better future.”

Friends, history is calling us.

And I hope the answer is “Yes”.

Yes to the Uluru Statement from the Heart.

Yes to an Aboriginal and Torres Strait Islander Voice to Parliament.

Yes to a better future for all Australians.

Let’s win this thing.

Thank you.

[1] https://www.referendumcouncil.org.au/sites/default/files/report_attachm…