Australia/Invasion Day: It's complicated

As 26 Jan approaches, and whilst there's much controversy over the date, it actually gives us all the opportunity to go deeper in our understanding of why this is an issue for Australia.

Democracy

Democracy is a new concept to this continent. Traditional Aboriginal customary law has been practiced continuously for over 35,000 yrs. At Uluru, Traditional Law is called #Tjukurpa [pronounced Joo-ka-paa] and it informs all measure of governing society, order and managing land.

Truth telling, especially in a democracy, should not and should never have been a choice.

Telling the truth helps to understand and answer many questions and inform the ‘why?’ of constitutional reform and also inform the necessity of agency, a #VoicetoParliament, or similar for #FirstNations.

Treaty

Why is Australia so far behind New Zealand and Canada in establishing Treaty? A very topical question given that two days ago, history was made in the Supreme Court of Canada putting to rest the location of the western boundary of Treaty No. 8. Finally, after over 120 years a Treaty 8 First Nation member can step outside their front door and know exactly where they may exercise their Treaty rights.

Treaty is just one of many questions we, as a nation could usefully ponder.

Progress

We’ve had some movement since the 27 May 1967, where a referendum was put on removing the impediment in s.51 (xxvi) to the Commonwealth Government making special laws with respect to Aborigines and on removing the impediment in s.127 to counting Aboriginal people in the census. The result, a 90.77% ‘yes’ vote, which opened the way for much greater Commonwealth Government involvement in the area of Aboriginal affairs.

The significance of the referendum has however, been obscured by popular myths. These include that it was whole-heartedly supported by both sides of politics, that it conferred the vote, equal wages and citizenship on Indigenous Australians and that it ended legal discrimination. None of this was the case, but it was a start.

Real reform for First Nations thus far has been through a white prism, symbolic and one sided. Mabo2 is also an excellent example of some reform, largely celebrated as a win for First Nations -- passing a test, imposed since 1788 on a continent inhabited and cultivated for over 35,000 years with more cultural and linguistic diversity than Europe.

The Doctrine of Tenure -- that all Commonwealth land belongs to the Crown -- formed the basis of judicial determination in granting the Murray Island peoples with 'Native Title'. Native Title was determined through a test benchmarked against the Doctrine of Tenure.

A win for land rights but through a very new 'white' lens.

Mabo2, along with the '67 Referendum demonstrates that there has been official recognition for First Nations people over the past 60 years, but within the parameters determined by an introduced and foreign 'white' law.

These landmark decisions in Australia bring some modicum of recognition to First Nations but yet, Australia has not been able to officially negotiate Treaty, nor enshrine a First Nations voice in the Australian constitution.

Representation

Without an understanding of the above, this discussion remains very one sided and circular. The same issue perpetuates, as it has for 233 years.

Hence, the necessity to understand the importance of Treaty and a Voice to Parliament or similar. It is also important to understand the impetus for the Uluru Statement from the Heart and the meaning of 'Makarrata', (an Aboriginal ceremonial ritual symbolizing the restoration of peace after a dispute, a treaty or agreement) in order to bring meaningful change and constitutional reform.

Opportunity

As January 26 ‘Australia Day’ / 'Invasion Day' approaches, it is an opportunity to consider, to understand, to tell, to listen and apply truth -- for all.

It is an opportunity to become aware of the absence of truth telling in the recent 233 year history of this continent, to be aware of unconscious bias, to enable healing, to question why we have had over 400 Aboriginal deaths in custody yet not one conviction.

It is an opportunity to reform the present and in doing so, take steps toward unity for emerging generations of Australians.

Here’s the link to learn more about the #UluruStatement from the Heart, to reflect, to understand, and to sign to show #FirstNations and Canberra #AusPol support for real reform, for all Australians. Because it matters.

My six year old son and I signed the #UluruStatementCanvas because it matters to us and I hope it matters to you too.

Link https://lnkd.in/gQSaKVr