Stepping up to the plate

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.