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'Divided society' without treaty

30 Mar, 2009 06:30 AM
Australia must modernise its ''horse and buggy era'' constitution to enshrine Aboriginal land rights, customary law and social equality, Australian of the Year Mick Dodson says.

''We need a comprehensive review of it. It was made by bearded white men more than a hundred years ago, and it's out of date,'' the Australian National University law professor told a public forum at the Two Fires arts and activism festival yesterday in Braidwood.

Professor Dodson's call comes as the United Nations has formally warned the Rudd Government to show it is making progress to end the suspension of Australia's racial discrimination laws.

The laws were suspended by the Howard government in 2007 to push ahead with the emergency intervention in Aboriginal communities.

The UN's racial discrimination committee wrote to Australia's UN ambassador two weeks ago, after receiving formal complaints from Aboriginal representatives claiming intervention measures had ''allegedly led to serious discrimination''.

The committee has questioned the necessity for the Racial Discrimination Act to be suspended. The act is being redrafted in consultation with Aboriginal communities, and the UN has asked the Rudd Government to provide details of all proposed amendments by the end of July.

During a passionate and incisive speech, Professor Dodson urged the Government to resolve the issue of land rights by committing to draft and introduce a treaty to ''finish the unfinished business'' of national reconciliation.

''We need a treaty that will outline, once and for all, how we're going to share this country. Until we fix that, we are always going to be a divided society.''

He said the apology to the Stolen Generations by Prime Minister Kevin Rudd last year was a joyous and long overdue gesture of inclusion. But it was ''just the corner of the jigsaw if we're talking about a bigger picture''.

For more, pick up a copy of today's Canberra Times

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Date: Newest first | Oldest first
Yes our constitution was made while discriminating Aboriginal people from inclusion, therefore it is a document born from racism, What are our political leaders doing to create a fair and equitable society? Nothing. I call on all political leaders to wake up to this bright on our nation and work for the correction of these matters, as it is long over due.
Posted by Jaconah, 30/03/2009 7:30:40 AM
The age old adage: united we stand, divided we all. So, yes, let's enshrine division in our Constitution and guarantee and the collapse of our nation.
Posted by JRC, 30/03/2009 9:38:40 AM
You can re-write the Constitution and every other piece of legislation in the land. That will not change the conditions these people live under. Unfortunate as it is, some indigenous people live in poverty and 3rd world conditions often of their own chosing. Millions each year is spent on programs to improve the lot of these people, yet there appears to be little effort on their behalf to want to take advantage of the opportunities that are laid out before them. I'm not suggesting we give up and Professor Dodson should keep this dialogue open , however just throwing more $ at it and rewriting the Constitution are not going to fix this issue. Surely a more dynamic approach that includes both the involvement and commitment from from those affected needs to be looked at. Is it simply that these communities need a reason to get up every day? I'm sure the communities in Kakadu have their issues, but they appeared to be progressive in their involvement and management of the Nationa Park where they lived. This is an example of what could be achieved? We (my family and I) were most impressed with the setup there in 2007 when we spent a week there. In comparison to what we saw at Coober Pedy also visited during our 2007 travels, which was nothing short of shameful and embarrassing for all concerned.
Posted by PKA, 30/03/2009 10:59:05 AM
This debate is needed. I agree with Professor Dodson that the constitution needs to be renewed and that it should recognise Aboriginal people and their place in this country's history, their rights and the need for social equity. I could no more support the elevation customary law than Sharia law or even worse vatican law into our constitution. There can be only one law which must be equitable, apply to all people and be enforced through an integrated, independant legal system. Our new constitution must also remove all power from the British Royal family and their representatives.
Posted by Geoff, 30/03/2009 12:22:52 PM
So grateful to Canberra Times in general and Ros Beeby in particular for her excellent coverage of the Two Fires Festival. Her writing is of a very high standard and reflects the atmosphere and events accurately. Thank you Ros! Shame the rest of the media doesn't go to as much trouble. Jane Salmon Two Fires Festival Committee
Posted by Jane Salmon, 30/03/2009 12:41:42 PM
The issues of Aboriginal Sovereignty, of Land Rights, of a Human Rights Declaration backed up by action are all very serious. Black deaths in custody must end at any price. Land must be given back. Dodson also said that the Intervention is a paternalistic model that would not be acceptable for any Ausaid community development project in the Pacific. Why is it acceptable here? Shame Australia, Shame!
Posted by Jasmine, 30/03/2009 12:45:20 PM
How ghastly is the idea of trading land rights or leases for housing? When are we going to put things right? Hope the UN throws the book at Australia.
Posted by Ingrid C., 30/03/2009 12:53:06 PM
Geoff. I don't know that Sharia Law is worse than Vatican Law. Are beheadings, stoning to death and severing of the hand acceptable convictions within this law? What I mean is, is Vatican Law so much worse than this?
Posted by Beth, 30/03/2009 4:00:23 PM
Closer to home, when are aborigines who were allegedly 'given back' Gulaga (Dromedary) actually going to be granted control? Self-determination, sovereignty and management rights are only token at present.
Posted by Jane Salmon, 30/03/2009 4:50:25 PM
Racial Discrimination and UN http://www.abc.net.au/news/storie s/2009/03/27/2527696.htm?si te=indigenous&topic=latest
Posted by Glider, 30/03/2009 8:36:04 PM

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