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Stepping up to the plate

By Lowitja O'Donoghue - posted Friday, 17 June 2011


The National Congress, as it stands today, is the result of extensive nationwide consultations. A maker inevitably leaves his or her mark on their creation. Our people have spoken and our fingerprints are all over the National Congress. We can expect to be judged on our part in its creation and its success or otherwise. As a result, this is an organisation that:

  • Is a company, limited by guarantee, at arms length from government.
  • Has built-in gender equity at all levels of representation.
  • Sets new levels of excellence and expectation (unrivalled in Australian society, whether in government or the public, private or community sectors); and
  • Has a structure interwoven with the golden threads of our communities; talented individuals and representative organisations across all spheres.

Some people regard me as a radical, others see me as quite conservative. I would say I'm both, as well as a pretty open book. My mixed feelings about the demise of ATSIC – for example, my belief that it was an organisation set up to fail, as well as my disappointment in some people and events of the past – are on the public record and I see no need to re-hash them here. Suffice to say that over the past six years, I have despaired over the absence of a national Indigenous voice, a vehicle for our self-determination.

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I will concede that, as the National Congress was being fashioned, I wondered at times whether our community had the goods when it came to electing the best people. Then, when the notion of an Ethics Council emerged, I questioned what right anyone had to judge any of us by standards not applicable anywhere else. I asked myself if the imposition of gender balance was really necessary. And when the proposed multi-tiered structure was revealed, I found it complicated.

Having now had time to metabolise all of these things, I have arrived at a point where I am comfortable with the National Congress as a working model. I venture that it is, as my friend Paul Keating last week described the national Native Title Act 1993, 'necessarily completed but nonetheless inspired.'

I am excited, for example, to see what emerges from the blending of individuals – many of you leaders in your fields – with representatives of sectoral, state and territory and national organisations constituted in various ways.

And I have no doubt that gender balance would not have been achieved organically any time soon. Let it be declared, here and now, that the old 'Boy's Club' is officially dead – in this forum at least. I thank my brothers for supporting our sisters in this. I think we can be proud that, together, we've done something that no-one else has had the guts to do.

I would like now to make a few humble suggestions and issue a few challenges to you as delegates. Some are borne from my own experience; others are just common sense.

I say that you should expect the going to be tough and, regrettably, for things to get personal from time to time. The path you have chosen is not for the fainthearted. Some of your biggest critics will be your own people, so steel yourselves.

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A people's movement will necessarily take time to build. I hope you will encourage membership of the National Congress – both within your own families and communities but also far beyond them.

Of course, an organisation with 100,000 inactive members may as well have none. It is not enough to say blithely, 'I'm a member of the National Congress' and do no more. That is having one foot inside the camp and the other foot out, ready to cut and run when the going gets tough. Every one of our people needs to decide: Are you out or are you in? And if you're out, run your own race and let the rest of us run ours.

I am not the first person, nor will I be the last, to observe that the National Congress will only ever be as good, energetic, dynamic, staunch and fearless as all of its people – elected representatives, delegates such as yourselves, members and staff. And none of us should wait for the administration to do all of the heavy lifting.

Others have their roles to play too, including governments, opposition parties and public servants.

The Federal Government has said that it will work with the National Congress, including on measures to close the gap in Indigenous life outcomes and opportunities. The National Congress must also work with governments of all persuasions on this, and everything else on our agenda.

Common features of all of ATSIC's successful negotiations with Government – yes, there were some – were the ability to sensibly argue our position, hold our ground and maintain a good measure of diplomacy (even when it was hard to do). These will also hold the National Congress in good stead, especially when governments – themselves facing challenges – begin looking for easy ways out. Don't give them those outs. Send a message that the National Congress is here to stay.

One of the criticisms I have made of ATSIC is that, on a few occasions, it got too close to Government – for example, where Australia was represented as a country at international forums. We dealt with this at the Working Group on Indigenous Populations (WGIP) in Geneva by asking for and securing separate seats for ATSIC representatives, apart from Government and public servants.

I have the feeling that some people are a little afraid to mention ATSIC. I'm not one of them, because I know that lessons unlearned are opportunities lost.

The National Congress can learn much from the experiences of ATSIC and others. In the international context, for example, it must always remember that it exists to advocate for our people, not for Australia per se. While taking a strategic and constructive approach, the National Congress must not be afraid to flex its muscles of independence where required.

For all of the talking that will take place here this week, I also hope there'll be a great deal of listening. You have much to learn from each other. It is important that you come with ideas but none set in concrete, and without personal hobbyhorses that will achieve little for the greater good. After sharing and listening, you will be in a position to decide what issues are truly critical and should be addressed first.

Which brings me to my own personal number one priority – one in which I sincerely hope the National Congress will play a major role. It is something that can underpin the full plethora of other issues that the National Congress will be concerned with. I am talking about advancing constitutional reform, specifically recognising Aboriginal and Torres Strait Islander people in the Australian Constitution.

The Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples will advise the Federal Government on this before the end of the year, with a view to a referendum on the subject being held before the next federal election.

Since the 1967 Referendum, Australia has been living a lie. It has patted itself on the back as a fair country, one that treats its citizens equally and, especially, protects the vulnerable.

Don't get me wrong. I am proud to have helped to secure the 'Yes' vote that recognised us as citizens and more than mere flora and fauna. It was important. But it also pains me to know that the Constitution still contains a potentially discriminatory power, which can be used by the Commonwealth against our people or, indeed, any other race. And that it still lacks any explicit recognition of us or our place as the First Australians.

Of course, our founding document was framed in a different era. Many say we cannot judge it by today's standards. Perhaps not but we can bring it into line with those standards. This would be good not only for our own heads and our hearts, as per advice from the Royal Australian and New Zealand College of Psychiatrists (RANZCP), but also for the nation's soul.

In order to succeed, we need political bipartisanship, which thankfully we have at present. And we need to secure the agreement of the Australian people. A national majority of voters, and a majority of voters in a majority of states – a Herculean task, and one that has seen many more referenda fail than succeed in the past.

Recent debate has swirled around how far we can push the issue of constitutional recognition, where the line is between success and failure? Does it limit matters to mere mention in a preamble that might be inserted in the Constitution? Or can we move beyond relative tokenism to something more meaningful? I strongly hope for the latter.

These will not be easy questions to answer but make no mistake – this is truly a once-in-a-lifetime opportunity to make things right for our country. This is something around which the National Congress could play a valuable role; informing and encouraging our people to become actively involved and fully engaged. I hope that today's various sessions on constitutional reform will help us all arrive at a better understanding of the mechanics, realities and possibilities of what lies ahead. In order to move beyond superficialities in a unified way, we first need to have an informed and robust discussion amongst ourselves.

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This is an edited version of the speech by Dr Lowitja O'Donoghue AC, CBE, DSG at the opening of the National Congress of Australia's First Peoples, Homebush NSW, 8 June 2011



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About the Author

Ms Lowitja "Lois" O'Donoghue, AC, CBE, DSG (born 1 August 1932) is an Aboriginal Australian retired public administrator. She was named Australian of the Year in 1984 and 1990, and was inaugural chairperson of the now dissolved Aboriginal and Torres Strait Islander Commission (ATSIC)

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