The information, photos, and images if deceased persons may cause distress in the process of sorry business. Submission To the Joint Select Committee On Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples Before the 17th September 2018 Hope O’Chin 11 May 2018 1 The information, photos, and images if deceased persons may cause distress in the process of sorry business. Committee Secretary Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples Parliament House Canberra ACT 2600 Dear Secretary, Thank you for the opportunity to make a submission to this inquiry. I do so in a personal capacity, as a Kabi-Kabi [Gubbi-Gubbi], Wakka-Wakka, Koa Australian, enrolled as a research student, in a PhD of Creative Arts at the Sunshine Coast University at Sippy Downs, Queensland. The Australian Constitution needs to be changed to provide appropriate and respectful recognition of Aboriginal and Torres Strait Islander peoples. It is from the intensities of attitudes and values that prevailed in the historic treatment of Cherbourg residents, and other Indigenous Australians, and my personal, and contributions as an educator and practicing artist which informs this submission. It is from this perspective that I have applied this submission to Strait Islander Peoples, to address the issues personally and to contribute to the as outlined in this submission. The Uluru Statement from the Heart articulate reforms desired by Indigenous peoples. The proposal for a Voice by way of an advisory body/advocacy/peak body and or Makarrata Commission to Parliament is sensible and sound, and provisions exist under present Parliamentary legislation. Further amendments to the Constitution is overdue in addressing inclusion for Australia’s First Nations people. I applicable these amendments need to address Preamble and or include introductory words to the Constitution that includes the principles for inclusiveness, purpose and context, respecting continuous occupation of Indigenous peoples on this continent. The repeal of section 25. The repeal and replacement of section 51(xxvi), A general power to make laws in respect of Aboriginal and Torres Strait Islander peoples, which do not discriminate adversely against Indigenous peoples. Other matters include; Australia’s identifying national symbols and emblems. The following submission examines, discusses and makes recommendations in addressing those issues raise above. Hope O’Chin Tuesday 11th September 2018 2 The information, photos, and images if deceased persons may cause distress in the process of sorry business. Table of Contents 1. Submission Proposal …...........................................................................................Pp, 4 2. Proposed Submission: ………………………………………………………….…………………………….Pp, 4 3. Background of this Submission……………….…………………………….……………….……………Pp, 4 4. Summary of Interim Report …………………………….………………………………………………….Pp, 4 4. i Further Reports informing this Submission …………………………………………….Pp, 4 4. ii Possession Foundation of Indigenous exclusion……………………………………..Pp, 5 4. iii Relevant Literature ……………………………………………………………………………….Pp, 7 4. iv Committee Comment Pp 125 ….................................................................Pp, 8 4. iii Previous Reports. ………………………………………………..…………………………………Pp, 9 4. iv Considerations for the way Forward…………………………………………..……………Pp, 10 5 Suggested models for this Submission…………………………………………..…………………….Pp, 10 5. i Past, Existing and proposed structures …………………………….……………………..…Pp, 11 6. [Preamble] ‘Belongingness’ for all Australians, ………………………….…..….………………Pp, 11 6. i The Question of a Preamble…………………………………………………………………………Pp. 11 6. ii Belonging for all Australians………………………………………………………………………..Pp.12 6. iii Agreement making [truth] …………………………………………………………………………Pp.13 6. iv Australian Peace Summit cultural context of Makarrata Commission ………..Pp.14 6. v Uluru Statement of the Heart……………………………………………………………………..Pp.16 7. Other matters………………………………………………..……………………………………………………Pp.17 7. i Emblems and Symbols of Australia……………………………………………………………...Pp.17 8. Conclusion………………………………………………..……………………………………………………….Pp.17 9. Recommendations…………………………………………………………………………………………...Pp.18 10. References...Pp.29 3 The information, photos, and images if deceased persons may cause distress in the process of sorry business. 1. Submission Proposal 2. Proposed Submission: Submission must be submitted to the Secretariat of the Joint Select Committee before the 17th September 2018. 3. Background of this Submission On 1 March 2018 the Commonwealth Houses of Parliament established the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples (the Select Committee). Submissions to contribute to the interim report be made to Parliament by 30 July 2018 with a final report by 29 November 2018. 4. Interim Report This submission to the Joint Select Committee is based on the Interim Report. The COMMITTEE COMMENT on Pp. 119 which outlines Questions for further consultation in point 7.39 which states: This interim report canvasses options for the possible structure, functions, and implementation of various Voice proposals. The Committee is seeking further evidence in relation to these options and proposes a set of questions for consideration. For a National, Regional and Local voice of Aboriginal and Torres Strait Islander people to Parliament. 4. i Further Reports informing this Submission The Australian Bar Association (ABA) (2018) Submission to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples. Pp. 3 point 7 explains that: “Since 2010 Commonwealth Governments have established a number of bodies to assist with determining how best to recognise First Nations peoples in the Constitution. Those bodies have all engaged in detailed consultations and produced 4 The information, photos, and images if deceased persons may cause distress in the process of sorry business. a number of reports and recommendations. 2 Those bodies and processes have been: a. The Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples established in 2010 which reported to the Government in 2012; The Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples established in 2010 which reported to the Government in 2012; b. The establishment of Recognise in 2012 to campaign for the recognition of First Nations peoples in the Constitution. The campaign was funded until 30 September 2017, but its objectives are now managed by Reconciliation Australia; c. The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples established in November 2012 which reported to the Government in 2015; d. The Referendum Council,3 jointly appointed by the Prime Minister and Leader of the Opposition in 2015 to advise the Prime Minister and Leader of the Opposition on progress and next steps towards constitutional reform, reported to the Government in 2017; and e. The First Nations Regional Dialogues established by the Referendum Council which resulted in the National Constitution Convention held in Uluru in May 2017 and the Uluru Statement.” Pp. 3 point 7 f. Canberra Parliament of the Commonwealth of Australia (July 2018) Interim report Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples © Commonwealth of Australia ISBN 978-1-74366-860-3 (Printed Version) ISBN 978-1-74366-861-0 (HTML Version) http://creativecommons.org/licenses/by-nc-nd/3.0/au/. 4. ii Possession Foundation of Indigenous Exclusion: The implication of Terra Nullius by possession laid the foundation for Indigenous exclusion rather than inclusion in the developments of Australia’s future by the British. 5 The information, photos, and images if deceased persons may cause distress in the process of sorry business. The matter for First Nation’s diverse people inclusion in Australian society has been a continuous issue of exclusion since a British presence on this continent’s shores. Whereas prior to the arrival of the British, thousands of years of continuous occupancy of hundreds of Indigenous diverse nation have contributed to their survival and the survival of this continent. Undisputed evidence exist in highlighting Indigenous people continuous occupation of Australia. Defeated in the defense of this continent Indigenous people were slaughtered, captured, rounded up, impounded, controlled and managed on missions and reserves throughout every part of Australia. Then neglect was physical, psychological, and intentional in the grab of lands for mining, postural, farming and other endeavours in the settlement of Australia by the British. Historians, anthropologists, and authors such as Reynolds (2001), Langton (2000), Loos (1996), Hegarty (1998), Huggins (1998), Kerwin, D. Martin, K. Peterson, N. and Sanders (1988) and others, suggest that alienation and disorientation experienced by Indigenous Australians in its history were influenced by legislation and their accompanying powers, coupled by the attitudes of the day that prevailed, by governments, communities, and ordinary people. Or Was it necessary to remember That there needed to be Time To converse, time understand to learn from one another, Time To listen to one another And time To share with one another. The articulation of the above sums up the effect of the proclamation