JohnDe
La dolce vita
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Voice required to address deep Indigenous 'cynicism'
Indigenous expert Marcia Langton has told the joint select committee inquiring into the voice that the advisory body must be enshrined into the constitution to address a deep level of “cynicism and pessimism” in remote communities following the failures of previous governments.
Professor Langton said there was a “great frustration” among Indigenous people that previous governments have failed to listen to their concerns, and argued all levels of governments needed to rebuild trust with Aboriginal people.
“There is an enormous level of cynicism and pessimism in our communities because of the failures of governments to address urgent problems…housing came up repeatedly, as did the incarceration of adults and youth, removal of children from communities,” Professor Langton said.
“I overwhelmingly got the impression that all levels of governments needed to rebuild their trust for Aboriginal and Torres Strait Islander people…there is a complete lack of trust with governments to do anything right.
"We went into communities where the situation was so dire and the feelings that people have that governments have failed them is evident."
Co-chair of Indigenous voice to parliament co-design group Tom Calma said a constitutionally enshrined body would give it protections against future governments who may seek to dismantle its power.
“If the government of the day doesn’t want to play ball then it's up to the other politicians of the day to hold them to account,” he said.
Constitutional expert gives legal tick to Indigenous voice in parliamentary submission
Voice will not result in obligations on the executive or parliament, Anne Twomey says in submissions to inquiry
One of the nation’s top constitutional experts has reiterated to a parliamentary inquiry that the Indigenous voice to parliament won’t slow down government decision making or clog up the courts.
Conservative critics have raised fears the voice could spur ongoing court challenges, but Prof Anne Twomey once again dismissed those concerns in a submission to the parliamentary inquiry probing the referendum.
“There is no obligation upon parliament or the executive government to respond to the representations [from the voice] or give effect to them,” Twomey wrote in a submission to the inquiry ahead of the committee’s first hearing in Canberra on Friday. “There is no obligation of prior consultation. There is no requirement to wait to receive a representation before the executive government of parliament can act.”
Witnesses for the first hearing of the joint select committee on the Aboriginal and Torres Strait Islander Voice Referendum include Tom Calma and Marcia Langton, the Indigenous leaders who chaired a co-design process for the voice under the former Coalition government.
Pro-voice campaigners Thomas Mayo, former ABC host Kerry O’Brien and lawyers Louise Clegg and Douglas Drummond KC, who have expressed concerns about the voice, will also be witnesses.
Twomey will form part of a panel of leading constitutional lawyers appearing before the committee who have all either spoken strongly in favour of the voice or rebuffed concerns about the legal effect of its representations.
The committee chair, Labor senator Nita Green, said the committee was not tasked with weighing up the yes or no case. Instead, it would consider the voice’s legal ramifications.
“We’re not making a decision about the broader referendum,” she said. “That’s a decision the Australian people will make, not politicians.”
Green said she hoped Coalition members of the committee would work to “change their party’s position” on the voice through the course of the inquiry.
Hearings will be held in Orange, Cairns and Perth, to gather views from Indigenous communities and those involved in the processes that led to the voice proposal.
Father Frank Brennan, a supporter of the voice who has raised concerns about the voice advising the executive branch of government, suggested in his submission changing the words “executive government” to “ministers of state”. Brennan claimed that there could be a requirement for the voice to be given notice of pending administrative decisions – and a requirement for its representations to be entertained.
“The voice would need to know what is going on in public service offices,” he claimed.
'The Voice alone isn't enough'
Taylah Gray is a Wiradjuri woman and the first Aboriginal woman to undertake a PhD in law at the University of Newcastle.
In her fourth year of law, a lecturer told her: "First Nations people were supreme negotiators.
"We've had these practices since time immemorial," she says, having learned that Aboriginal and Torres Strait Islander people are highly experienced and skilled in mediation and dispute resolution.
"So, one of the downfalls with the Voice is that there are opposing opinions in First Nations communities – and they haven't been addressed."
Ms Gray says all First Nations people should be able to have their say and have their concerns adequately accounted for before the referendum.
Ms Gray also believes that while "the Voice alone isn't enough", it does have power to influence the government and breathe life into the treaty process.
"If we want to have a treaty, we need to have structures in place to talk to parliament and hear First Nations people," she explains.
"How do we create a treaty when we don't have that process in place?"
Ms Gray hasn't decided how she'll vote – yet – but she wants all First Nations people to know that it's ok to vote yes or no.
"I'm leaning on my mentors and the people I trust," she says, "and I advise people to do the same."
"People need to come to an independent decision, but they can lean on people who have their best interest at heart."