11 June 2018

Thomas Mayor Torres Strait Islander – Advocate for the Uluru Statement from the Heart NT Branch Secretary Maritime Union of President NT Trades and Labour Council

Senator Patrick Dodson and Mr Julian Lesser MP Co-Chairs Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples Parliament House Canberra ACT 2600

Submission on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

Dear Co-Chairs,

1. I, Thomas Mayor, write this submission as a Torres Strait Islander residing on Larrakia land, Darwin. I make this submission from my life experience, as a stevedore and union delegate for 16 years, as an elected union official since 2010, and as an advocate for substantive constitutional recognition.

2. I made a submission in person directly to the Joint Select Committee in Melbourne on Wednesday 18 April 2018. In this written submission, I seek to briefly reiterate several key points on why I strongly support a constitutionally enshrined Voice to Parliament and a Makarrata Commission. I will also provide a unique perspective based on my continuous travels with the Uluru Statement from the Heart canvas over a period of more than 10 months.

Regional Dialogues and the Uluru Convention support for a Constitutionally Enshrined Voice

3. In late 2016 I was invited to be a facilitator for the Darwin regional constitutional dialogue. I accepted the invitation and attended the trial dialogue in Melbourne with other facilitators and co-chairs from each of the regions. I observed that many participants who already had strong views on a specific position, such as treaty, generally came to a similar common consensus with relevant information 1at hand: toward a Voice protected by the constitution.

4. I withdrew as a facilitator due to my union’s National Council being scheduled for the same date as the Darwin Constitutional Dialogue. I continued to support the local facilitators and co-chairs in the capacity of a volunteer, assisting with the organising of invitations to the

1 Film on History of our Struggle by Rachel Perkins, lectures on constitutional law and civics, expert analysis of previous recommendations to parliament. Darwin region participants. When the National Council was rescheduled, I was able to attend the Darwin dialogue as a participant.

5. I observed the same at the Darwin dialogue as I did at the trial dialogue: with informed dialogue, Aboriginal and Torres Strait Islander participants again leant toward a Voice protected by the constitution, and the need for agreement making and truth telling. I was elected by the Darwin dialogue to attend the Uluru National Constitutional Convention.

6. I attended the Brisbane and Torres Strait Island dialogues soon after the Darwin dialogue in the lead up to the Uluru Convention. I observed the same pattern 2as in points 3 and 5.

The Rejection of Mere Symbolism

7. It should be noted that the dialogues all rejected symbolic changes to the constitution, such as changes to: insert a Preamble; and/or amendments to section 25 as well as section 51 (xxvi) the Race Power.

8. From my participation in the dialogues and from many conversations with experts and fellow Indigenous people, my preference for reform prioritises a constitutionally enshrined Voice to parliament over a prohibition on racial discrimination s 116A. This is because I would prefer a Voice that can influence a decision before it is implemented, over the uncertainty of going to the High Court.

A Unique Perspective – Touring the nation with the Uluru Statement from the Heart

9. This section of my submission seeks to provide the Joint Select Committee a unique and important perspective on the likely success of a constitutionally enshrined Voice to parliament at referendum. My perspective is from a person who has travelled much of the nation meeting thousands of Australian people specifically about the proposals in the Uluru Statement from the Heart.

10. Following the Garma Festival with the support of the Maritime Union of Australia, I commenced a tour of Australia with the Uluru Statement from the Heart Canvas. I felt it was of vital importance that the amazing document that is written to the Australian people, be taken to the Australian people.

11. In point 13, I list most of the presentations I have given to the Australian people over the more than 10 months that the Uluru Statement has travelled. The list includes some of the resolutions from organisations and First Nations.

12. The list refers to additional canvas’. These additional canvas’ have travelled with me so that Australians who have seen the Uluru Statement with their own eyes can add their names to the document. There are now around 12 large canvas’ with thousands of signatures.

13. Uluru Statement Tour:

2 My observations are supported by the record of meeting included with the Referendum Council report Gurindji Freedom Day Festival – - 26 August 2017

I spent the evening of 25 August explaining the Statement process and proposals to Gurindji leader Rob Roy, who then translated our discussions to the elders. On 26 August I made a presentation to around 200 people following the “walk off” re-enactment. Following the presentation, the following Statement from Gurindji elders was read by Gurindji leader Rob Roy:

“Today on the anniversary of the Wave Hill Walk-off, we re-enacted the walk off that was the beginning of our struggle for land rights and fair working conditions. It was our actions that led to Prime Minister giving our country back to us in the symbolic gesture that is celebrated today in Australian history. The call of Voice Truth and Treaty out of Uluru this year was another action that we will be a part of. Dr Yunupingu put down a challenge to our Prime Minister at Garma to see the call for a voice enacted. We join our voice with theirs with the vision of seeing a Gurindji speaking to parliament, and the truth being told about our history. A settlement of our sad past can be resolved by Makarrata.” I was also provided the opportunity to speak about the Uluru Statement proposals on stage at the Festival concert to around 400 people. Many signed the additional canvas.

Daguragu Meeting – 28 August 2017

With author of “A Handful of Sand” Charlie Ward, I visited around 10 descendants of Sandy Moray at Daguragu. The Uluru Statement was presented and discussed. The Daguragu issues were also discussed. The participants in the discussion expressed concerns about not being heard on matters of housing and the truth of history.

North Queensland Summit – 30 August 2017

I participated in presentations by Uluru Convention participants Terry O’Shane and Kayleen Malthouse, to around 100 PBC representatives of the NQLC.

The NQLC Board endorsed the following resolution of support following a presentation to their summit:

The Board of the North Queensland Land Council & a number of delegates on the 30th August at their PBC Summit in Cairns, resolved to fully support the calls for a constitutional Voice, Truth and Treaty as was so powerfully put in the Uluru Statement from the Heart. We wish to see these outcomes in this generation to save the next; we therefore join our voices with the Yolgnu, Gurindji, and the Cape York Land Council in the challenge to the Prime Minister to commence the referendum process.

Australian Rural Leadership Federation (ARLF) NATSILP O’Shane Group – 30 August 2017

Terry O’Shane and I presented the Uluru Statement to around 17 Indigenous course participants. Participants have since actively supported the aspirations of the Uluru Statement.

Cape York Land Council Summit – 31 August 2017 I made a presentation with Terry O’Shane, Kayleen Malthouse, Noel Pearson and Shireen Morris to around 100 PBC representatives from the Cape York Land Council. I was informed later that there was a resolution from the participants supporting the Uluru Statement calls for a constitutionally enshrined First Nations Voice and a Makarrata Commission.

Northern Territory Trades and Labour (NTTLC) AGM – 4 September 2017

I gave a presentation to around 24 Councillors from affiliate unions at the NTTLC AGM. A resolution of support was carried unanimously.

SNAICC Conference Canberra – 14 September 2017

At the Secretariat of National Aboriginal and Islander Child Care (SNAICC) Conference in Canberra I gave a presentation to around 1000 people. Many signed on to the additional canvas supporting the proposals for a constitutionally enshrined Voice to parliament and a Makarrata Commission.

Australian Education Union Full Council Meeting – 11 September 2017

A presentation was given to around 16 AEU Council members at the at the AEU full Council meeting.

Canberra ARLF NATSILP Lingiari and O’Shane Groups Graduation – 14 September 2017

I gave a presentation on the Uluru Statement to around 80 people at the Graduation dinner. The participants signed the additional Uluru Statement canvas.

Sydney National SEARCH Conference – 16 September 2017

The Uluru Statement was presented to around 100 SEARCH members from around the country. The participants signed the additional Uluru Statement canvas. There has since been great ongoing support.

Kimberley Land Council, KLRC, KALACC, Aarnja Joint AGM’s – 19 September 2017

I made a presentation to around 200 people from throughout the Kimberley at jointly held AGM’s in Lombadina, Cape Leveque. A resolution was passed at the plenary strongly supporting the Uluru Statement.

Marlpa Yule River Bush Meeting – 20 and 21 September 2017

I made a presentation to around 140 representatives of clans in the Pilbara (Marlpa) region with some Yamatji representatives there also. I witnessed them organising their first advisory representative Voice for the region. This special moment made it easy to describe the need for a National First Nations representative body. A resolution was passed in support of the Uluru Statement:

We the Marlpa People at the 2017 bush meeting, wholeheartedly endorse, the Uluru Statement from the Heart. We historically made our voice strong in the Pilbara today, now we historically join with other First Nations in calling on our WA State and Federal Government to fully commit to a process towards Voice Treaty, and Truth.

Perth Noongah Meeting– 22 September 2017 I gave a presentation to Uluru Convention Participant David Collard and 8 other Noongah volunteers. Planning was commenced for 2 meetings held later on Noongah country, north and south of the river.

Redfern Community Centre Uluru Statement Forum – 27 September 2017

The Women’s Reconciliation Network were the majority of attendees. They signed on to the additional canvas and have continued to support with their advocacy.

Koori Knockout – 29 September 2017

On Friday 29 September, Suzanne Thompson and Jennie Gordon spent 2 hours with me and the Uluru Statement at the Koori Knockout. Many players and spectators signed the Statement (separate canvas).

CFMEU Construction Division National Conference Perth – 12 October 2017

I gave a presentation to around 200 National delegates at the Construction Division National Conference. The presentation was received with standing ovation, and the following day a motion was moved and seconded by CFMEU Indigenous members from Victoria and QLD endorsing the Uluru Statement and committing to inform all members of the importance of the Uluru Statement. The resolution passed unanimously.

Brisbane State Department Presentations – 18 and 19 October 2017

I made presentations on the Uluru Statement to around 40 QLD Government Policy Graduates and public servants. Also, to the Directors of the Premiers Department and Indigenous Policy. At each of these meetings the participants signed on to the additional signatory canvas.

NSW Bar Association Forum – 25 October 2017

Megan Davis and Noel Pearson with several others spoke of the Dialogues, Convention and the Referendum Council recommendations to around 100 of the legal profession. The Uluru Statement was displayed and many at the event signed the additional signatory canvas. Soon after the legal fraternity came out in strong support of the Uluru Statement and the Referendum Council recommendations.

Wollongong Southern NSW Trades and Labour Council – 26 October 2017

Uluru Statement presented to around 120 people from various unions affiliated with the SNSW TLC.

Sydney FILEF Forum on Recognition – 26 October 2017

I spoke and presented the Uluru Statement to around 50 people at the Federation of Italian Workers forum on First Peoples Recognition. They were very supportive.

MUA National Council – 27 October 2017

The Maritime Union of Australia received a report from MUA Indigenous Officer Terry O’Shane and NT Branch Secretary Thomas Mayor on their involvement in the Uluru Statement campaign. The National Council endorsed the Statement and committed to continue to support the campaign in line with the policy of the union of around 13,000 members.

Butchulla K’Gari (Fraser Island) Native Title Anniversary Celebration 28 October 2017

Uluru Convention participant Shireen Curry made an Uluru Statement Presentation with me to around 300 people on K’Gari. Many signed the additional Uluru Statement Canvas.

Sydney Inaugural CFMEU Youth Meeting - 14 November 2017

Uluru Statement presented to the construction union Youth Members.

Melbourne R.A.W Construction Site Meeting - 21 November 2017

Uluru Statement presented to workers at a construction site in Melbourne.

Central Coast Region – 30 November to 11 December

Uluru Convention participant Sean Gordon took the Statement to the following meetings/places on the Central Coast:

• ICAN 2017 Nobel Peace Prize Presentation • Inaugural Awabakal Cultural Festival • Human Rights Awards • NAISDA Dance College • Darkinjung Barker School • Darkinjung Land Council • Bungree • Yerin Medical Centre • Berang Community Healing Forum • Central Coast Healing Forum • Jawun Emerging Leaders • Empowered Communities Meeting

Sol Bellear’s Last March in Redfern – 8 December 2017

The Uluru Statement was carried by Sean Gordon and Dean Parkin at the front of the march. Sol Bellear was a signatory to the Uluru Statement and an advocate until his passing.

Woodside Week Panel Session on Constitutional Reform – Thursday 14 December 2017

With David Collard, Sharon Reynolds, I presented the Uluru Statement to around 60 people with many signing the additional Uluru Statement Canvas.

Woodford Festival Stall and Forums – Wednesday 27 December 2017 to Monday 1 January 2018

Thomas Mayor and several volunteers displayed the Uluru Statement at the Festival. There were several forums about the Uluru Statement throughout the Festival as well.

The aspirations of the Uluru Statement were welcomed by the traditional owners Jinibara people.

Thousands signed the additional Uluru Statement Canvas during the festival. Public Interest Advocacy Centre (PIAC) Office Presentation - Wednesday 24 January 2018

I presented the Uluru Statement to the PIAC office seeking support.

Megan Davis made a presentation at the PIAC dinner with around 300 people receiving the speech and statement with standing ovation.

Day of Mourning Anniversary – Australia House – 26 January 2018

I presented the Uluru Statement at the 80th anniversary celebration of the Day of Mourning at Australia House, Elizabeth St. It was welcomed by the descendants of those who attended the Day of Mourning meeting 80 years ago.

Yabun – 26 January 2018

The Uluru Statement was on display at the Yabun Festival in Sydney. Close to 1000 people who attended the event signed the additional canvas.

Salvation Army Headquarters Redfern – Thursday 8 February 2018

With Megan Davis, I made a presentation to senior Salvation Army Officers and Indigenous Officers. Many signed the additional Uluru Statement Canvas.

Grayndlor ALP Branch Meeting and BBQ Uluru Statement Presentation – Saturday 10 February 2018

With MUA Women’s Officer Mich-Elle Myers, I made a presentation to the ALP members at the Grayndlor electorate meeting and BBQ. Many signed the additional Uluru Statement Canvas.

Diversity Council of Australia Speech and Panel – Thursday 22 February 2018

I gave a key note speech to around 100 representatives of businesses that are members of the DCA. The speech was followed by a panel session with Professor Mick Dodson and Tanya Hosch. Many signed the additional Uluru Statement Canvas.

Northern Territory Land Council Joint Meeting - Friday 2 March 2018

I was invited by the 4 NT Land Councils (Anindilyakwa Land Council, Tiwi Land Council, and Northern Land Council) to report and discuss the Uluru Statement and a Treaty in the NT. The Councils resolved as follows:

The joint meeting of the Anindilyakwa Land Council, Central Land Council, Northern Land Council, and the Tiwi Land Council reaffirm our support for the aspirations of the Uluru Statement from the Heart.

We call on the multi-partisan parliamentary committee to respect our determination that we must have a constitutionally enshrined Voice to parliament. This Voice must be designed by First Nations, and we encourage that the parliamentary committee only recommends what a majority of First Nations themselves seek in a design outcome.

Lastly, we ask that the leadership of the nation, and the Australian people, join us, be determined and brave, toward enshrining our voice, our rightful place in the Australian Constitution.

CFMEU Manufacturers Conference Dinner - Wednesday 7 March 2018 I made the keynote speech regarding the Uluru Statement to the Manufacturers Division Inaugural Dinner. Many signed the additional Uluru Statement Canvas.

NSW Legal Aid Forum – Thursday 8 March 2018

Megan Davis, Teela Reid, and Thomas Mayor made a presentation to around 100 Legal Aid Lawyers at NSW Legal Aid. Many signed the additional Uluru Statement Canvas.

Presentation to NSW ALP Left AGM – Saturday 10 March 2018

` I made a presentation to the NSW ALP Left members at the 2018 AGM. Linda Burney was present and spoke also.

Public Defenders Conference Sydney - Sunday 18 March 2018

Teela Reid and I presented the Uluru Statement to the Public Defenders Annual Conference. Many of the participants signed the additional Uluru Statement canvas.

WA Labor Caucus Presentation – Thursday 20 – 21 March 2018

Hosted by WA Kyle McGinn MLC and Member for Belmont Cassie Rowe, Balardong Noongah man and Uluru Convention participant David Collard and I made presentations to WA Labor Members of Parliament. We asked that they consider making a submission supporting the Uluru Statement from the Heart and that they support First Nations in their electorates to also make submissions supporting the Voice to parliament with their views on design. Kyle McGinn MLC later spoke for the Uluru Statement on the record in the WA parliament.

Grafton Indigenous Interagency Meeting – Friday 23 March 2018

The interagency expressed support for the Uluru Statement. They signed the additional Uluru Statement Canvas.

Grafton Labor Branch – Friday 23 March 2018

I met with the Grafton Branch of the Labour Party. Many signed the additional Uluru Statement Canvas.

Grafton Harmony Day – Saturday 24 March 2018

I gave a speech at the Grafton Harmony Day. Many signed the additional Uluru Statement Canvas.

Byron Bay/Brunswick Heads Forum - Sunday 25 March 2018

Around 100 people gathered at Brunswick Heads to hear about the Uluru Statement. They have a petition going in addition to other forms of great support. Many signed the additional Uluru Statement Canvas.

Port Macquarie Uni – Monday 26 March 2018

I spoke to a gathering of around 50 people from the Port Macquarie community. There was overwhelming support for the Uluru Statement proposals. Many signed the additional Uluru Statement Canvas.

Balardong Noongah Elders Meeting – Tuesday 24 March 2018 I met with the meeting of Balardong Noongah elders with Uluru Statement signatory David Collard in Muresk. They carried the following Resolution:

The Balardong Elders who meet today on the country of our people, country that we have never ceded and have fought to protect from time immemorial, hereby announce that we unequivocally support the aspirations of the Uluru Statement from the Heart.

As Noongah elders, we call on our fellow Noongah people, and our fellow First Nations, to join the campaign for a constitutionally enshrined Voice to parliament and a Makarrata Commission. We commit to writing to the Dodson and Leeser Joint Select Committee and other Federal representatives to parliament to express our support and to seek theirs; we will call on the WA State Government to support the Uluru Statement on COAG, and we will campaign to see a successful referendum that will see Australian people say yes to our First Nations representative Voice to parliament.

Melbourne University Law Faculty - Monday 9 April 2018

I made a presentation to around 400 people as part of a panel that included Constitutional experts of great repute. Many of those in attendance signed the additional Uluru Statement canvas.

Melbourne University Social Studies Faculty of Arts and Social Sciences – 19 April 2018

I did a presentation to a Faculty organised forum. I also did LIME office and Maritime Super Office in some spare time. Many more signed the additional canvas.

Construction Forestry Maritime Mining and Energy Union Inaugural A & TSI Conference – Wednesday 2 May 2018

At the inaugural meeting of the unions Aboriginal and Torres Strait Islander members, the following resolution was unanimously carried:

The Inaugural Aboriginal and Torres Strait Islander Conference of the Construction Forestry Maritime Mining and Energy Union resolves that we strongly support the Uluru Statement from the Heart.

We acknowledge that the consensus at Uluru was a constitutional moment, a moment of national consensus and self-determination. We congratulate the participants at Uluru for their efforts in the face of many broken promises and divisive actions by Governments over many years.

We will campaign at all levels, including politically and in the community, to achieve its aspirations of a constitutionally enshrined First Nations Voice and a Makarrata Commission.

Darwin May Day – 7 May 2018

Uluru Statement marched behind the replica of the Bedford Truck that wharfie Brian Manning drove carrying supplies to the Gurindji strike.

I gave a speech to the crowd of around 2000. The crowd chanted YES WE WILL when I asked them if the Australian people support a constitutionally enshrined Voice to Parliament.

Northern Territory ALP Conference – Saturday 12 May 2018

At the NT ALP annual conference, the following resolution was unanimously carried: Conference supports the NT Labor Government commitment to Treaty with Aboriginal First Nations in the Northern Territory. We encourage that Labor members of parliament and the departments of Government responsible conduct themselves with fairness and respect in negotiations.

Conference calls for a commitment from the NT Labor Government to continue to support the aspirations of the Uluru Statement from the Heart and its importance to Treaty making, especially for a Territory Government that is affected by Section 126 of the Constitution – The Territories Power. We note that a constitutionally enshrined First Nations representative Voice and a Makarrata Commission will be vital to ensuring the Commonwealth Government also meets its obligations to Treaty outcomes.

To affect this commitment, the NT Labor Government will:

a) Make a submission to the Joint Select Committee on Recognition of Aboriginal and Torres Strait Islander Peoples (JSCCR) in partnership with First Nations of the NT.

b) Propose that COAG jointly makes a submission to JSCCR that supports the call for constitutionally enshrined Voice to Parliament and a Makarrata Commission.

Alice Springs Regional Tour – 21 to 23 May 2018

I took the Uluru Statement to various meetings around Alice Springs. This included – Grannies in Schools, Organisations against Domestic Violence, Alcohol and substance abuse, and local media organisations. There was great support from all visits.

Malcolm Turnbull’s electorate doorknock – Saturday 26 May 2018

I organised a gathering of around 100 Uluru Statement supporters in the Federal electorate of Wentworth, Sydney. The gathering heard several speeches from me and Gurindji people. The Gurindji people who travelled the many miles from Kalkaringi are Rosie Smiler (’s daughter), Rob Roy, and Jeremy Frith. At the end of the gathering, many supporters went to doorknock, leaflet, and have as many conversations as possible in the local suburbs. Hundreds of pledges were signed by local people, committing to do all within their power to support a constitutionally enshrined Voice and Makarrata Commission.

Pemulwuy Shield Birchgrove Park - Saturday 2 June 2018

At a Sydney AFL Game in Reconciliation Week I presented the Uluru Statement to the gathering of spectators and players. The gathering supported the call for a constitutionally enshrined Voice and a Makarrata Commission, with the Balmain team committing to make a submission to the Joint Select Committee.

Native Title Conference – Thursday 7 June 2018

There were several sessions on constitutionally enshrined Voice. Following these sessions on Thursday 7 June, the following resolution was carried:

We, the people gathered here at the Native Title Conference in Broome 2018 support the Uluru Statement from the Heart and we ask all Australians to join the campaign for Voice Treaty Truth.

The Barunga Festival 9 – 10 June 2018 Hundreds of festival goers signed the additional Uluru Statement Canvas on the 30th anniversary of the Barunga Statement. Many Australians were upset that 30 years on from the Barunga Statement, there is no representative Voice nor treaty between First Nations and Government.

14. It is from countless hours of conversations with thousands of Australian people from many different backgrounds that I convey to the Joint Select Committee that the nation is ready and willing to enshrine a First Nations Voice in the constitution. It only takes explanation of the process and reasoning behind the proposals.

15. The overwhelming support of First Nations people has been almost unanimous at all forums. It is from my experience during my travels, and also from the consensus at Uluru, that I am confident that the proposal for a constitutionally enshrined Voice accords with the wishes of First Nations.

Design the Voice with First Nations

16. From my participation in the dialogues and from my discussions with First Nations people during my travels with the Uluru Statement I am aware that it is vital that when parliament designs the Voice to Parliament, the process of design must be led by First Nations.

17. I believe the regional constitutional dialogues and a recent design dialogue in North Queensland are useful starting points for developing this future process.

18. I strongly encourage that design ensures bottom up participation.

19. I strongly discourage any recommendation that could impose a Government or “captains pick” representative structure. Such a structure will be doomed to failure.

Addressing Issues raised with the Proposal for a Constitutionally Enshrine Voice to Parliament

20. With the advice and information at the perusal of the Joint Select Committee, I believe that the committee can address the three issues that Prime Minister Malcolm Turnbull has raised against the proposal for a constitutionally enshrined Voice to parliament:

Issue One – The proposed Voice to Parliament is a “third chamber”

The proposal is for the constitutionally enshrined Voice to parliament to be legislated by parliament. Parliamentary supremacy is conserved. It is not a proposal for a right to Veto and the parliament need only ensure that it is not so.

Issue Two – Voice proposal is contrary to Australia’s equal civic rights

It is dangerously wrong that this is an issue that should be a barrier to a constitutionally enshrined First Nations Voice. Indigenous people are the most unequal polity in the country. We have suffered violence, dispossession and discrimination for decades. The Constitution has allowed this. The discourse around constitutional recognition has been about rectifying