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Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.
The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.
It is understandable that Turnbull sees no benefit in a second heroic failure caused by moving too soon. But political leaders who wait for overwhelming popular support are self-serving, because top-down support is needed for success. While January brought unprecedented approval from political leaders and the support of the Australian of the Year, the Australian Republican Movement must continue to be energetic and ambitious, and meet Turnbull's challenge to become still larger and more popular.
It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.
Political donations give privileged access to powerful public officials to those who are wealthy. But public funding does little to reduce parties’ reliance on private money and radical control measures can fall foul of the Constitution. A 2013 High Court judgment finding that a ban on donations infringed the constitutional freedom of political communication.
The past week's meeting at Kirribilli House between Aboriginal and Torres Strait Islander leaders and politicians decided on the establishment of a Referendum Council. We should not overlook the power of the land itself to reconcile us. Theologian, archaeologist, and biblical scholar Eugene Stockton, along with artist Terence O'Donnell, has just produced a timely booklet titled This Land, Our Mother.
Walking towards the courthouse, I heard a cry, 'Hey, Father Frank, over here! You've got to support us mob.' I was torn. I was chairing a national consultation at the request of the Commonwealth Government. I did not want to politicise our presence in town. But then again, I did not want to abandon Ben and his colleagues in their hour of need. They all stood in front of an Aboriginal flag. Some were crying out for justice for their deceased loved one.
The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.
It's often said in Thailand that the three pillars of Thai society are Buddhism, the monarchy and the nation, or political system. In recent months I've witnessed many noisy anti-government protests in Bangkok where political groups have been very visible. But amid the turmoil, Buddhism and the monarchy are notably absent. The low profile of the monarchy is easily explained. The absence of Buddhism is more puzzling.
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