Sunday, 12 March 2023

THE VOICE Constitution alteration bill is not ready for a vote 13 March 2023

 

THE VOICE  Constitution alteration bill is not ready for a vote


Introduction

With respect to the Section 128  Constitution Alteration Bill which will be presented to the Commonwealth Parliament in March 2023, I believe no case has yet been made for the VOICE and many questions about THE VOICE proposal remain unanswered and in some cases unasked.

THE VOICE proposal involves a major change to the Constitution of Australia and a major change in the balance of power which affects decision making in federal government.

I want to see a Constitutional Convention established to fully explore issues raised by THE VOICE proposal before the Section 128 Constitution Alteration Bill is put to a vote. This Convention would meet as often as necessary to ensure all pertinent questions have been discussed and answered. Too many important issues have simply been ignored by VOICE proponents in their efforts to push THE VOICE through as quickly as possible.

These issues include consideration of doctrines and memes about aborigines, the problem of false attribution of causes and outcomes, the existential task for all Australians indigenous and not-indigenous and thinking about the endpoint for aboriginal policy and activism.

Some of the questions as yet unanswered by VOICE proponents include:

1. Please present an argument, case, rationale or at least a plausible narrative explaining how THE VOICE could improve the health, welfare or quality of life of any person, anywhere.

2. Please provide a process by which some agency can determine who is and who is not an aborigine using a method and criteria which can be independently verified by the Australian Electoral Commission.

3. Please explain what characteristic or circumstance of people who identify as aborigines requires them to have, in perpetuity, a separate multi-tier representative structure in addition to the many pathways for representation already available.

4. a. Do advocates want THE VOICE to be just an advisory body in addition to the plethora of advisory bodies already in place ?  If so what would be the point of it ?

4. b. Do advocates want THE VOICE to have executive power or at least so much influence as to be the equivalent of power ?  If so why would the Australian people agree to this dramatic re-shaping of the balance of power in favour of people who identify as being of one ethnic group ?

5. Do Australians want to live in a country characterised by ethnic sectarian division resulting in two separate “Nations”,  one for the 3% who identify as aborigines and another for the 97% who identify as not-aborigines ?

 

 The rest of this document is in the form of a discussion paper about issues raised by THE VOICE proposal, with some suggestions about an alternative approach.

Summary of the discussion paper

In this discussion I investigate what proponents of THE VOICE are saying and also what they are significantly not saying. I review some of the doctrines and myths about aborigines which underpin current discussion.    I raise the issue of false attribution which has received remarkably little airing in the public domain yet is central to any discussion about aboriginal matters.   I explore the existential task of living which aborigines and not-aborigines must undertake. I ask what is the end point for aboriginal policy in Australia.   Along the way I explore unanswered and in several cases un-asked questions which arise from THE VOICE proposal.  Some of these are listed above.

I offer for discussion  suggestions for an alternative approach to aboriginal issues in Australia.

1. What are proponents of THE VOICE saying in support of their idea ?

In a recent interview with Patricia Karvelas on ABC RN Breakfast radio the Prime Minister Mr Anthony Albanese said “ The voice is about two things: recognition for aboriginal and Torres Strait Islander peoples in our Constitution and about consulting them on matters that affect them. That is all that this is about”.

a) The assertion that THE VOICE is about recognition  represents a disingenuous mis-representation of the meaning of the word recognition.

In most dictionaries, the word recognition when used to refer to a group of people means:

An acknowledgement of the existence, validity or legality of the people or group.

Over a period of many years there have been many proposals about ways in which aborigines could be recognised in the Constitution. One of these was a proposal for a preamble to the Constitution acknowledging  this recognition.

But this was rejected by aborigine activists and somewhere in the middle of the discussion process the idea of a preamble morphed into the idea of THE VOICE. 

There is no sense in which the proposed multi-tier VOICE structure can be equated with recognition. It is an entirely different concept altogether for which no rationale has ever been presented.

b) The notion that  THE VOICE is about consulting them (people who identify as aborigines) on matters that affect them is even more disingenuous, to the point of being outright dishonest. People who identify as aborigines already have far more “voice” in “matters that affect them” than any other ethno-political or  ethno-cultural  group in Australia.  In very brief summary:

* The Commonwealth Government and each State and Territory Government have a Minister for aboriginal people. No other ethno-cultural or ethno-political group has a designated Minister.

* There are 11 members of the Commonwealth Parliament who identify as aboriginal.

* There are 30 Aboriginal Land Councils, 70 large aboriginal organisations including the National Indigenous Australians Agency (NIAA)  and 2700 Aboriginal Corporations, each able to represent the interests of its constituents in any fashion whatsoever.

* All people who identify as aborigines can and do seek audience with their State, Territory or Federal parliamentary representatives.

* All people who identify as aborigines have the right to vote in State, Territory and Commonwealth elections, congregate, form lobby groups and to engage in any legal activity they wish in order to pursue any matter they wish.

* There is a very large  aboriginal welfare industry involving state and federal government departments, politicians, a multitude of service provider organisations , service recipients and others who benefit directly or indirectly from this industry. All these people have a “say” in matters which they believe affect them, often very loudly.  Some of these organisations such as the NIAA have very large budgets derived from taxpayers, giving them considerable influence in public affairs.

c) ….”that is all that this is about”.   If this assertion by the Prime Minister were true THE VOICE proposal would come to a halt right there as we can readily demonstrate that it is not about “recognition” or about  “having a say”.  Something else is going on and the PM’s refusal to acknowledge this is disingenuous and  disappointing.

Notwithstanding the above Mr Albanese has described the Uluru statement from the heart as a “generous offer” although what exactly is being “offered” is unclear. 

He also said that support for THE VOICE is “simply good manners”, a view which surely extends the notion of good manners into previously unimagined realms.  

The current PM and former PM Kevin Rudd have both said if we fail to support THE VOICE then people of other countries will think badly of us. This is almost as silly as the exhortation to good manners and has nothing to do with the merits, if there are any, of THE VOICE proposal.

d) Proponents of THE VOICE point to the Uluru Statement from the heart as the wellspring of ideas forming the basis of THE VOICE proposal. The Uluru statement says:

* That people who identify as aborigines constitute the first sovereign nations of the Australian continent even though the concept of a sovereign nation as we now understand it would not have been part of aboriginal culture over the last 40,000 years.  The Uluru Statement states that …”this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood”. This is important to our understanding of the real purpose of THE VOICE proposal which is promotion of the separationist aboriginal nation agenda. It is not hidden, it is there for all to see.

* “the torment of our powerlessness”.  This promotes the false notion that people who identify as aborigines are “powerless”. In what way people who identify as aborigines might be “powerless” is not identified.

With respect to THE VOICE we need to consider the question of power. If we just have a think about this we can grasp that either THE VOICE will have no more power than the existing multitude of advisory bodies and voices, in which case there is no point to it OR THE VOICE will have real executive power or at least so much influence as to be equivalent to power, then it will be a de-facto third chamber of parliament and totally unacceptable in the Australian system of democratic representative government. Proponents of THE VOICE cannot have this both ways but they are trying to do just that.

* ..”We seek Constitutional reforms to empower our people to take a rightful place  in our own country”.  This concept of a “rightful place” was promoted by Gough Whitlam in 1972 and has been repeated many times since then but precisely what that “rightful place” might be has never been clarified  by anybody.

* The Uluru statement also refers to a Makarrata Commission and a process of agreement making or treaty between governments and people who identify as aborigines. These concepts make it clear that the assertion by the PM that “that is all that this is about” is entirely and disingenuously incorrect and that aboriginal activists have a much larger agenda. They are not hiding this, they have it right up front in the Uluru statement which, by the way the PM has said the Government will implement in full.

There are several more ideas which have been put forward as relevant to THE VOICE proposal.  These include

* VOICE proponents including the PM have asserted THE VOICE will assuredly “close the gap”. In this context “the gap” is shorthand for the difference in indicators of health, welfare, quality of life, life expectancy and  incarceration between people who identify as aborigines and those who do not identify as aborigines. Not a single word of evidence or plausible narrative has ever been produced to explain how THE VOICE might close the gap.

* Many advocates of THE VOICE have said that it will enhance a process of reconciliation between people who identify as aborigines and those who do not.  Not the slightest attempt has been made to explain what “reconciliation” might mean or how it might be promoted by THE VOICE.

In the real world reconciliation is not some grand national project at all. It is the sum of the actions of all the individuals and families who decide to live with and share experiences with their neighbours regardless of ethnicity. This is the character of the Australian multicultural society of which people who identify as aborigines are a part just as are people from each of the 200 or so ethnic groups which make up our polity.  Reconciliation at a personal and family level between people who identify as aborigines and those who do not has been underway for 200 years and is now far advanced. The claim by movie maker Rachel Perkins and Senator Lidia Thorpe that people who identify as aborigines are engaged in an ongoing “war” with the rest of us is a misrepresentation of the real situation which is very much more complex and nuanced. It is a beat-up to promote the separationist aboriginal sovereignty agenda.

* Several proponents of THE VOICE have said it is the right thing “in principle”.  To what principle do they refer ?  If they mean that people who identify as aborigines should have a say in matters which affect them then yes of course they should but they already have this in great abundance.

e) One very notable feature of “debate” about THE VOICE proposal is the propensity of VOICE advocates to respond to questions about THE VOICE or disagreement with the proposal by hurling personal abuse at the questioners or unbelievers.  Our experience teaches us  that when proponents of an idea behave this way they have no valid case. If they had a valid case they would patiently repeat it, in detail, as often as required to get their message across.

Prof. Megan Davis said that questioners are illiterate because they were in her opinion  incapable of reading the Langton/Calma document which would supposedly answer all their questions. In fact that document raises many more questions than it answers.    

Noel Pearson referred to Nationals Party as “a squalid little party” and its  leader David Littleproud as “a kindergarten kid”.

He castigated Senator Jacinta Price as “punching down on blackfellas” having been “drawn into a tragic redneck celebrity vortex” orchestrated by the Institute for Public Affairs and the Centre for Independent Studies.  

When former Prime Minister John Howard expressed a negative appraisal of THE VOICE  Noel Pearson responded with …”but who can arrogate to themselves that kind of presumption that their own views should be the view that prevails ?”   Mr Pearson appeared completely oblivious to the fact that he was doing exactly that which he claimed Mr Howard was doing. 

Actually  Mr Howard was simply expressing his considered response to the VOICE proposal but  Mr Pearson’s reaction shows just how intolerant are THE VOICE proponents to any form of negative feedback and how they refuse to engage in reasonable debate or discussion about any of the issues.

When The Nationals took a stand against THE VOICE Prof Marcia Langton said in response       

 We have to take these matters seriously. This is too important to play nasty electoral politics about … it would be terribly unfortunate for all Australians if the debate sinks into a nasty, eugenicist, 19th century-style of debate about the superior race versus the inferior race.”

I do not pretend to know what Prof Langton thought she meant by this strange outburst but it is clear she was attacking the messenger, not addressing the message.

Leader of the federal opposition Peter Dutton asked the Government to answer 15 questions about THE VOICE proposal. The questions were not answered and the PM’s response was to accuse Mr Dutton of “trying to confuse the issue” and of engaging in ”cheap culture war stunts”.

Greens leader Adam Bandt has described THE VOICE as “a step towards first nations justice” without making the slightest attempt to explain what he means by “first nations justice” or how he believes THE VOICE will bring it about.  This it yet another example of VOICE advocates tossing words around like confetti at a wedding. All show, no meaning.

f) In view of the complete absence of any kind of coherent case for THE VOICE why have so many Australians indicated in polls that they would support the idea ?  The short answer is emotional blackmail.  Indigenous activists have for many years successfully pursued  the notion that aborigines have been so damaged by the displacement and dispossession inflicted by colonisation, which we readily acknowledge, that they require perpetual special status by way of compensation.

The proposition is that all the descendants of not-aborigines must bear the burden of guilt for the harms done to aborigines by their forebears. 

Anybody who does not agree with whatever request is made by aborigine leaders by way of recompense is a racist, and a hater of aborigines, encouraged to feel vicarious guilt for presumed crimes about which they have no knowledge.

This paradigm has a kernel of truth of course. Aborigines were displaced and dispossessed over a period of many years and subjected to discrimination some of which undoubtedly persists.

However most of that story is in the past.  These days most people who identify as aborigines have engaged with the mainstream of modern life and are doing well as a result. Most of the more strident advocates of the story that aborigines are perpetual victims are themselves professors, heads of corporations, leaders of health and welfare services, members of Parliament and holders of high status positions.  These people are a living testament to the fact that for the majority of people who identify as aborigines life in the post-colonisation era is pretty good.

2. What are VOICE proponents not saying ?

a) VOICE proponents have not said a thing about how they imagine THE VOICE could, would or might improve the health, welfare or quality of life of any person anywhere.

At best they have simply ignored this most important of questions.

At worst we have reason to wonder if members the aborigine aristocracy who are  promoting THE VOICE are reliant on some aborigines remaining disadvantaged in perpetuity in order to provide them with some appearance of relevance.

Proponents of THE VOICE are notably absent from any specific proposals, plans or real activities which have a reasonable prospect of reversing the disadvantage experienced by some aborigines, especially those in remote and very remote locations, these making up about 17% of the total population of people who identify as aborigines.

b) VOICE proponents refuse to engage on the question of who is and who is not an aborigine, who gets to decide, on what criteria and by what process.  THE VOICE proposal is specifically conceived as a system by which people who are aborigines are chosen by some unspecified means to represent the views of regional populations of aborigines.

It is therefore a fundamental requirement that THE VOICE have a means of determining who is and who is not an aborigine and that this process can be independently evaluated by The Australian Electoral Commission to prevent gaming and fraud.

Aborigine advocates refer to the three part definition of an aborigine proposed by Justice Deane of the High Court in 1983 but refuse to engage in debate about the problems which this test raises.

The three part definition is:

1) The person must be of aboriginal or Torres Strait Islander descent. The intractable problem with this part of the definition is that nobody has ever agreed on what it means.    Who decides and by what means using what criteria if a person is or is not of ATSI descent ? Nobody can agree on this and no aboriginal activist will engage in debate about it.

Senator Pauline Hanson proposed that the person should have at least 25% of aboriginal DNA. This notion got shot down in flames from all sides including from some in the scientific community who pointed out that there is no reference aboriginal genome which could act as a benchmark.

2) The person must identify as an ATSI person. As we discovered from the 2021 Census about 200,000 people decided to do just that even though they had not so identified at the previous census. What all this means is anybody’s guess but as a way of deciding who is and who is not an aborigine it is useless or worse, opening a door to fraud, posturing and gaming.

3) The person must be accepted as an aborigine by the community in which he or she lives or lived.

Once again we have an unworkable definitional element. Who decides and by what criteria what constitutes “the community” of people who are to determine acceptance or otherwise of the supplicant’s aboriginal identity and what does “acceptance” mean ? The idea itself invites nepotism, favouritism or exclusion for unstated reasons.

When Bruce Pascoe announced some while ago that he decided to identify as an aborigine he was denounced as a fraud by people who were familiar with his family history. But then Minister for Aboriginal Australians Ken Wyatt said he accepted Pascoe as an aborigine on the basis of his self declaration. With this one act Mt Wyatt rendered meaningless any definition of an aborigine.

In other realms of public life the decision as to whether a person belongs to a category is determined by independently verifiable criteria. For instance a person’s eligibility for the age pension is determined by clearly stated and verifiable criteria.

If THE VOICE advocates cannot resolve this question the VOICE proposal should not proceed.

c) THE VOICE proponents are not talking about equality.   In fact aboriginal activists and their supporters stopped talking about equality around about 1966. Prior to the 1967 referendum aborigine activist groups sought to repeal Section 51 part 26 of the Constitution. This would have removed the ability of the Commonwealth Government to make laws about anybody on the basis of their “race” or as we now understand it their ethnicity, all being of the same species or race.

But someone persuaded someone that aborigines for some unknown reason needed special laws to be made about them so the “race provision” in the Constitution was not repealed but expanded to include people of any “race” including aborigines.

d) THE VOICE proponents have nothing to say about why they think that people who identify as aborigines are in some unknown and never clarified way so disabled that they cannot use the existing system of representative democratic government  to express their wishes in appropriate ways. In a former era this demeaning, paternalistic attitude was embodied in the office of the Protector of Aborigines. Unfortunately we now see self appointed aborigine activists adopting the same prejudice, despite overwhelming evidence from everyday life that the great majority of people who identify as aborigines are perfectly well able to speak for themselves and do so.

e) VOICE advocates have nothing to say about how they imagine THE VOICE would interact with the many “voices” already in play. The Langton/Calma 2018 Joint Select Committee document states “Consideration must be given to the interplay of any indigenous voice body with existing ATSI organisations at both local and national levels…”  A vague reference to “consideration” is nowhere near any kind of viable proposal.

f) We hear nothing from VOICE proponents about any kind of characteristic possessed by  or circumstance experienced by people who identify as aborigines which might form the basis for their supposed need for special representation to the federal parliament. Of course the reason we hear nothing is that no such characteristic or circumstance exists. Nobody proposes that people who are Han Chinese or Arabic or Koren or any other ethnic group require a perpetual special representative body.

The reality is that people who identify as aborigines exhibit as much diversity within their ranks as people of any other group. Some are rich and  famous, some live in remote “hellholes” (description courtesy of Jacinta Price) and most occupy a socio-economic and cultural middle ground.  Many live in cities, mostly on the East Coast, some live in country towns and a few live in outback locations. The only thing which people who identify as aborigines have in common is ticking the box in the census form. There is no basis for believing that people who tick the box form a meaningful ethno-political group.

g) The details. I leave it to others to expand on this theme. Suffice to say at the time of writing in early March 2023 that even rusted-on Voice supporters like Ken Wyatt are calling for more details and warning that THE VOICE proposal will fail if the Government, PM and VOICE proponents keep insisting that details will be provided after the referendum.

Prof Marcia Langton warned in July 2022 that “avoiding the matter of the structural arrangements for THE VOICE does not achieve the clarity that many ATSI people will require”.  “If you don’t present the voter with the available information in some form then the voter is going to say I don’t know what I am voting for”.

3. Aboriginal doctrines, myths and memes.

Some of these are promoted often and loudly, others simmer in the background of public discussion.

a) People who identify as aborigines are perpetual victims of colonisation, displacement and dispossession.  This never ending  victimisation is driven by the intergenerational transfer of anguish caused by harms done, mostly in the past.  There is enough truth in this doctrine to keep it going even though doing so greatly impedes progress in the existential mission of mutual engagement (see below) and perpetuates separationism to the detriment of all.

b) People who identify as aborigines have special needs, in perpetuity.   They must have special health services, schools, legal services, welfare and housing services and special administrative structures. The usual “reason” given for this extreme separationist endeavour is that regular services are not “culturally sensitive”. What this might mean is never explained.

Also never explained is why people of every other ethno-political and ethno-cultural group manage just fine with regular mainstream services.  Despite frequent loud assertion by prominent indigenous activists there is no evidence that these special indigenous services confer any benefit at all, despite their considerable cost to the taxpayer. Indeed one constant complaint by indigenous activists is that we are not “closing the gap” which would suggest rather strongly that the special services project has failed.

Notwithstanding this you can bet your life savings that if THE VOICE gets up it will demand yet more funding for special services.

 c) The notion of “self determination” was championed by former PM Gough Whitlam in 1972. Until then the official commonwealth policy about aborigines was assimilation. This was unpopular with many aborigines at the time as it seemed to be a way of diminishing their sense of identity, their connection to the land and their culture. 

So Whitlam came up with self determination. He said this was about “aborigines deciding the pace and nature of their future development as significant components within a diverse Australia”.

Reading these words 50 years later I have to wonder what on earth he thought he meant by them. It just sounds like waffling verbiage to me. 

The problem with policies which have no readily apparent meaning or purpose is that they are used as a bandwagon on which activists seek to transport initiatives of their own device.  In this case “self determination” has been used to promote the ongoing separationist agenda in the form of separate services for aborigines run by aborigines and administered by aborigines but funded by the general taxpayer with no accountability for the considerable sums spent.

d) This next doctrinal view is internally contradictory. It goes like this:

On the one hand,   only aborigines are able to provide effective services for aborigines. Aborigines are wise and strong.  They know best.

On the other hand aborigines are so incapable of speaking for themselves and managing their own lives they need special representatives to interpret and transmit their views to State and Federal Parliaments and the apparatus of government.

This dichotomy permeates narrative around THE VOICE proposal . Activists want the electorate to gloss over the disingenuous nature of the doctrine and allow them to have it both ways.

e) Aborigines have a deep and abiding spiritual attachment to the land. No doubt this has been the case for millennia. But nowadays most people who identify as aborigines live in cities or country towns. Only a small number  live on lands to which title was acquired by a claim under aboriginal land rights legislation. Unfortunately some of these are the same people who have the poorest quality of life of all Australians. I mention this to remind us that some consequences of the aboriginal special measures and separationist enterprise have done more harm than good despite the best intentions of their architects.

The point about these doctrinal issues is that they set the stage on which not-aboriginal Australians are encouraged feel guilty about aboriginal suffering and as a result moved to agree with whatever proposal is put forward by aboriginal activists.  THE VOICE is such a proposal.  It has no merit but many ordinary Australians feel inclined to wave it through to appease aborigines and assuage their sense of vicarious guilt.

4. The problem of false attribution

Please bear with me on this fundamental issue which I have not seen raised in the public domain.  Many years ago I saw a Chinese man in Sydney’s Chinatown step off the footpath in front of a bus which promptly ran over and killed him. This event happened to a Chinese man  in Chinatown. Do we think getting run over by a bus is a problem particular to Chinese men?  Of course not. That would be false logic. It is a problem for any of us who step into a traffic stream without looking.

We apply the same false logic to our national discourse about aborigines and aboriginal policy. We make the mistake of treating problems which affect the lives of aborigines as having come about because they are aborigines or indigenous people.

What are these problems ? In summary they are displacement, dispossession, cultural dislocation  and prejudicial treatment.  

Now stop and have a think.

These same problems affect the millions of immigrants who come to Australia. Immigrants deal with these problems over a generation or few and in the process engage with the mainstream of Australian society as valued citizens. They have access to transitional support programmes as required but these are temporary and are limited by need not creed or ethnicity.

As I write this there is much discussion about aborigine children running riot at night in Alice Springs. There are more people who identify as aborigines living in Sydney that there are in the greater Alice Springs region, but none of those in Sydney are running amok . Why ? The children in Alice Springs are not out of control because they are Aborigines or indigenous people but because they are humans trapped in debilitating circumstances, unmoored from a past culture but not yet engaged with the new and lacking opportunity to do so.

The essential problem was described by the French sociologist Emile Durkheim in the latter part of the 19th Century. He called this condition “Anomie”. Of course he was describing Europeans. My point is that the condition has been recognised for centuries and can affect any group of people of any ethnicity, anywhere, any time they are trapped in malign circumstances with little sense of self worth, little sense of meaning and purpose in life,  inability to engage the mainstream and lack of opportunity which might enable this to happen.

The solution to the problem is to rectify the circumstances. In relation to people trapped in outstations, offer them a time limited, need specific,  voluntary supported programme to relocate to a place where they can have a better life.

As to considerations of policy, when  we implement a standing policy, ANY POLICY,  for aborigines other than transitional affirmative action plans we are barking up the wrong tree.

We keep making the same mistake over and over. That is heaping new bad policies on top of old bad policies in the vain hope that some beneficial miracle will happen. Such has not come to pass in the last 200 years or so which should be a clue that we are getting it wrong.

We need fewer, not more,  policies and  programmes directed specifically at aborigines and none of them should be fixed or perpetual.

5. What is the existential task for Australians, indigenous and others ?

Across the globe, everywhere humans find a place to live, there have been successive waves of new arrivals seeking greener pastures. This process has been under way for many thousands of years.   When a new group encounters established occupants of a territory there is always some kind of conflict. 

In most cases a settlement between the parties is eventually reached. The process is usually protracted and will never please everybody but in due course most people realise that living in workable harmony with others is preferable to fighting with them.

The existential task is mutual engagement. This is aided by the desire of most people to live in peace and  engage in productive lives. The process of mutual engagement is facilitated in Australia by a democratic polity, miscegenation  and multi-ethnic immigration.

THE VOICE proposal is part of an ongoing and thus far quite successful  attempt by a small group of influential self appointed aborigine activists to frustrate the primary existential task by keeping aborigines separated from the rest.

We see this in the establishment of separate aborigine health, welfare, education housing and employment services. Very few of these services have been evaluated so nobody knows if the vast sums of money spent on these services has achieved anything useful.

The next step is a separate VOICE to Parliament and also the executive if some advocates have their way. Then will come a truth commission the exact nature of which is not revealed followed by a treaty or treaties the substance of which is not revealed. In due course we will see some kind of separate “nation” or “nations” for aborigines.

If you doubt this is the aborigine activist agenda please read the Uluru statement which states clearly …”it (indigenous sovereignty) has never been ceded  or extinguished and co-exists with the sovereignty of the crown.”

6. What is the end point for aboriginal policy in Australia ?

Unfortunately I can find little evidence of the question having been asked and none at all of an answer being agreed upon.

If people are left to their own devices, free from ethnic (‘racial”) policies of unclear merit, a natural end point will be found when the existential task of mutual engagement has been substantially completed. At that point there is no need for aboriginal policy at all.

Aboriginal activists are applying much pressure right now for Australia to support THE VOICE which has been conceived as a perpetual bureaucratic device regardless for any need for it which might or might not be apparent. I think the reason for their agitation is that the process of mutual engagement is actually far advanced and has gone much further than indigenous activists would have you believe with their constant references to the stolen generation, dispossession, ongoing war, displacement, trauma and  the plight of aborigines in remote out stations. The last is very real but VOICE activists appear not to regard affirmative action about the problem to be a priority.

You could make the case that we should never have entertained any kind of policy for people of any ethnic group and I agree. But it is hardly surprising that in the latter part of the 18th Century  early European settlers would consider aborigines to be an inferior race given their lack of technological advancement. The early colonists thought that some kind of policy for dealing with the aborigines seemed appropriate.

We now know that all humans are of the same species or “race” and that the slow development of aboriginal technology was due to lack of opportunity not lack of innate capability.

The other thing we know is that despite the best (or worst, depending on your point of view)  efforts of some indigenous activists to keep aborigines and not-aborigines separated they have in fact come together of their own individual volition, regardless of any government policy or activist agenda and have in the process made lots of children of mixed ethnicity. So many in fact that the number of “full blood” aborigines is vanishingly small. I have seen one estimate that the number might be about 5000.  The same process of miscegenation is occurring between migrants and not-migrants and between people of every ethnic group in the country.

The point of all this is that the enterprise of designing any kind of device to service in perpetuity people who identify as Aborigines or Indians or Chinese or Vietnamese or Koren or any other ethno-cultural group cannot have any meaningful purpose.

That does not exclude targeted, needs-driven affirmative action programmes which have a goal and which end when the goal has been reached.

Even now all the main proponents of THE VOICE are of mixed ethnicity. They identify as aborigines by choice. The could just a validly identify as not-aborigines. Or simply identify as Australians without getting over-excited about ethnic labels.

The narrative about aboriginal policy in Australia reached a decisive turning point in 1966.

Until then the main thrust of aboriginal activism, often associated with the crusading Faith Bandler, was a quest for equality. Henry Ergas, contributing editor to The Australian newspaper has stated that in the lead-up to the 1967 referendum the Bandler group wanted part 26 of Section 51 of the Constitution repealed. This would have removed the right of the Commonwealth Government to make laws about anybody on the basis of their “race” or ethnicity as we now understand it.

But somewhere along the way somebody convinced somebody that aborigines were so incapable of looking after themselves that there was a need for special laws and other initiatives designed to benefit them. And so the wrong question was put to the people at the 1967 referendum. To compound the error there was, as far as I can tell, little discussion about alternative questions and a “no” case was not presented. The referendum was rigged. I now believe this was a disaster for the course of aboriginal policy in Australia. Unfortunately I cannot recall what my own views about the referendum were at the time. I was working 100+ hours a week as a resident medical officer at Royal Prince Alfred Hospital with very little awareness of the world  outside the draconian peonage of my employment at the time.

It is impossible to know how matters relating to aborigines would have played out had a different question been put in 1967 but it is clear enough that the narrative about equality came to an end and a range of narratives about special provisions came to the fore.

This idea of special provisions has grown into the unwieldy congregation of perpetual programmes of undetermined merit which the aborigine welfare industry has become today. 

Humans are very strange creatures. We are able to simultaneously sustain mutually exclusive views without finding it necessary to reconcile them. Thus Noel Pearson has fulminated repeatedly and with good reason over many years about the debilitating effect of welfare dependency on entire communities but at the same time is a leading proponent of THE VOICE which is yet another special provision without demonstrated purpose.

For proponents of THE VOICE the end point is creation of a separate sovereign state or states for people who identify as aborigines.

An alternative proposal

This proposal is my own independent contribution to discussion about aboriginal policy. It comes from my personal analysis of the situation and what I believe could be the best way forward.

It is based on a fundamental belief that any kind of policy directed to people of any ethnic  group simply because they identify as belonging to that group (other than limited and results based affirmative action plans)  runs counter to basic principles of representative democracy in a multicultural society. This is not just an academic issue. Countries in which most citizens decide to live and work together in harmony score highest on international rankings for quality of life. Countries with internal sectarian division score worst.

The bare bones of my proposal are:

1. Over a period of 10-15 years repeal all policies and wind down all programmes  based on any person’s race, ethnicity or cultural affiliation.

2. Repeal part 26 of Section 51 of the Australian Constitution.

2. Ensure that all support services are based on need and that recipients have access the best available depth and breadth of support available.   Merge existing aborigine-only services with mainstream services over a period of 10-15 years.

3. Establish a Land Rights and Native Title Commission to help resolve the many problems embedded in  current arrangements. In particular the problem that title to land acquired under land rights legislation is held by a corporation and provides individuals and families with no negotiable stake in the enterprise. If they want to move elsewhere there is no pathway by which they can sell any entitlement for money to fund an alternative place of abode. They are trapped.

4. Establish a transitional voluntary support programme to enable people currently existing in the purgatory of native outstations to move to locations where they can find a better quality of life.

About the author, Andrew Smallman

I am an 80 years old retired psychiatrist. I was for many years Director of Northern Beaches Mental Health Service. Since retirement I have had more time to think and write about issues affecting many aspects of life.

I have no affiliation with any political entity.

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