11 June 2018 Thomas Mayor Torres Strait Islander – Advocate for the Uluru Statement from the Heart NT Branch Secretary Maritime Union of Australia 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 – Kalkarindji - 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 Gough Whitlam 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 Gurindji people 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 Land Council 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 Northern Territory 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.