The first thing Anthony Albanese said in his victory speech on Saturday night, after acknowledging the traditional owners of the land where he stood, was to promise that Labor will commit “in full” to the Uluru Statement from the Heart.
Albanese’s declaration, which marked a very clear departure from previous governments’ sentiment on Indigenous affairs, brought a big cheer from the room and reignited the hopes of the Uluru statement’s long-term campaigners and their supporters that there may now be progress on its demands.
What is the statement, what does it ask for, and what does Labor’s commitment mean?
The Uluru Statement from the Heart was issued to the Australian people in May 2017, developed after two years of deliberative “dialogues” around the country. Broadly, it calls for constitutional change and meaningful, structural reforms based on justice and self-determination for Indigenous peoples.
It calls for a First Nations voice to parliament enshrined in the constitution, and a Makarrata commission to supervise a process of agreement-making and truth-telling.
The statement says these reforms are necessarily sequential: a Voice first, then Treaty and Truth.
What is the voice? And why is a referendum necessary?
The Uluru Statement calls for a permanent forum of representation from which First Nations can advocate for their peoples to the parliament and government. This voice should be enshrined in the constitution, so it cannot be removed by any government of the day. To enshrine the voice, the constitution must be amended, and that can only be done by referendum.
The architects of the Uluru statement say it was deliberately addressed to the Australian people, not any particular government, because it should be up to the people to decide on meaningful, permanent change.
The voice was immediately dismissed by the Turnbull government in 2017 as a “third chamber” of government, and he ruled out a referendum, dashing the hopes of all involved. From 2019, the former Indigenous affairs minister Ken Wyatt spent three years developing an alternative process of “Indigenous voice co-design”. The co-design group, all government appointees, met more than 70 times and developed a legislated model which was discussed – and criticised – but never tabled. The Coalition refused to support a referendum, and even Wyatt argued that it would probably fail.
Labor has promised to hold a referendum on the voice in its first term of government, most likely in mid-2024.
“Australians are more than ready for the discussion about a voice to parliament. We are already having it. It’s time we put the discussion at the centre of our national discourse and took it to a vote,” the incoming Indigenous affairs minister, Linda Burney said last week.
Anthony Albanese has also said Labor would prefer for there to be bipartisan support for a referendum, adding that the Uluru statement was a “modest and gracious” request by First Nations people.
But Labor’s path to securing a public vote may be rocky. The LNP opposes any referendum. Peter Dutton and a handful of remaining senior MPs have made it clear they would actively campaign against one.
Another challenge will come from the Greens, who now have a greater presence in federal parliament, and whose policy is for a treaty first. In fact, the Greens say the sequence of reforms should be the opposite: truth-telling, a treaty, and then a voice. They say a treaty, or treaties, between traditional owners and the colonisers have never been negotiated, and “sovereignty from First Nations people was never ceded”, so constitutional reform is not a priority.
Truth Treaty first and foremost. A voice in parliament will do more than a voice to parliament. https://t.co/QHKmeOWo2A
— Senator Lidia Thorpe (@SenatorThorpe) July 5, 2020
What is a Makarrata commission?
“Makarrata” is a Yolngu word that means to come together after a struggle or dispute, to make peace. The second stage of Uluru process is for a Makarrata commission to supervise a process of agreement-making between governments and First Nations, and truth-telling.
In its Indigenous policy statement last week, Labor has committed to establishing a Makarrata commission, which it says will develop a national framework for treaty-making and to support and fund local truth-telling efforts, in partnership with First Nations groups and local communities, taking into account processes already under way in Victoria, Queensland and the Northern Territory.
The Uluru statement sees the Makarrata commission as having two roles: supervising a process of agreement-making, and overseeing a process of truth-telling at a national, regional and local level, providing support and momentum and helping the parties reach agreement. The commission would take a clear-eyed look at all the past injustices experienced by Aboriginal and Torres Strait Islander people.
There isn’t a lot of detail around this model but it may look to Victoria’s Yoorrook Truth and Justice Commission.
Who will do this work?
Labor’s First Nations Caucus Committee is expected to drive these significant reforms, led by Linda Burney who promised Labor would “move quickly” to embark on the process of reform. Burney will be joined by WA senator Patrick Dodson, who is expected to be named as assistant minister for constitutional recognition of Indigenous Australians.
“It’s a national shame that there has been no progress to implement the Uluru Statement from the Heart since it was presented to the Australian people five years ago,” Dodson said last week.
“What’s needed is political leadership. From Whitlam returning Gurindji land to Vincent Lingiari, to Keating’s Redfern speech and Rudd’s apology, Labor has shown it is ready to walk with First Nations people and all Australians towards a fairer, more just future. This is the next logical step.
“The Australian people should have their say on a voice to parliament,” he said.
