Let's establish a Makarrata Commission

One year ago, on 26 May 2017, the Uluru Statement called for the establishment of a First Nations voice enshrined in the Australian Constitution. It also called for the establishment of a Makarrata Commission to supervise a process of agreement-making between our State and Federal governments and First Nations. This process would include truth-telling about Aboriginal and Torres Strait Islander people's history.

I can understand the frustration of our Aboriginal and Torres Strait Islander compatriots at the rejection in October 2017 by the Prime Minister, Malcolm Turnbull, of the Uluru Statement. Rejected – yet it was relatively anodyne compared to the UN Declaration of Indigenous Rights our Federal Government declared it subscribed to in 2009.

The Uluru Statement had been painstakingly elaborated in response to the Referendum Council's question "What does Constitutional recognition mean to you?". This Council was jointly appointed by the Prime Minister, Malcolm Turnbull, and the Leader of the Opposition, Bill Shorten, on 7 December 2015 in preparation for a referendum on the question.

The reason for the Federal Government's rejection was that the proposed "First Nations voice enshrined in the Constitution" would inevitably become seen as a third chamber of Parliament.

The Federal Government argued: "Our democracy is built on the foundation of all Australian citizens having equal civic rights – all being able to vote for, stand for, and serve in either of the two chambers of our national Parliament [whereas] a constitutionally enshrined additional representative assembly which only Indigenous Australians could vote for, or serve in, is inconsistent with this fundamental principle".

It seems to me that the government has a point there that should be taken into account. Let us not be mistaken: what we want is a single country and a single nation in which everybody, whoever they are and whatever their origin, has equal rights, duties, opportunities and privileges. Where each individual enjoys exactly the same respect as everybody else, as law-abiding citizens, without distinction of any kind, such as race, colour, sex, gender orientation, language, religion, political or other opinion, national or social origin, property, birth or other status.

By the same token, we recognise that each individual is different from every other individual and that Australia is one of the world's most highly multicultural societies composed of people of many different cultural and historical backgrounds. These differences contribute to the richness of our society. It is important that we all continue to cooperate and live together in an atmosphere of peace and harmony.

It is with this in mind that I raise the possibility of accepting this idea: that our Aboriginal and Torres Strait Islander compatriots establish a Makarrata Commission to participate in a process of agreement-making between our State and Federal governments, and the First Nations. In my view, it is important for its legitimacy that the Commission be constituted on a truly democratic basis, by the popular vote of our Aboriginal and Torres Strait Islander compatriots, exclusively, with the election of a president, vice president and shadow government.

However, in view of the federal government's objection, the Makarrata Commission should not possess any legislative powers. It should have a purely consultative and advisory function. The source of its authority would be its legitimacy as a democratically elected organism, speaking on behalf of all our nation's Aboriginal and Torres Strait Islander peoples.

Our State and Federal governments as well as our parliaments should all be obliged to consult the Makarrata Commission and carefully consider its requests, proposals and comments on all and any matters concerning our Aboriginal and Torres Strait Islander compatriots, in a concerted effort of mutual agreement.

These provisions should be enshrined in a new preamble to our federal constitution as follows:

« We the people of Australia, free and equal citizens:

• intend through this Constitution, to foster the peace, welfare and good government of Australia; and
• adopt the principle of the sovereignty of the people, under the rule of law, and the system of representative and responsible government, prescribed by this Constitution; and
• honour the Aboriginal peoples and Torres Strait Islander peoples, the First Australians, whose lands, winds and waters we all now share; and pay tribute to their unique values, and their ancient and enduring cultures, which deepen and enrich the life of our community; and
• undertake to consult the democratically elected national organism of our Aboriginal and Torres Strait Islander peoples and carefully consider its requests, proposals and comments on all and any matters concerning our Aboriginal and Torres Strait Islander peoples, in a concerted effort of mutual agreement.
• determine to protect our unique environment; and
• acknowledge the achievements of our forebears coming from many backgrounds, who together faced and overcame adversity and injustice, and whose efforts bequeathed to us, and future generations, a realistic opportunity to strive for social harmony; and
• resolve in this the 230th anniversary year of the establishment of Australia, to nurture our inheritance, and build a society based on democracy, freedom and peace. »

Naturally, this new preamble should be accompanied by some indispensable refurbishing of the Constitution which any reputable constitutionalist can recommend in order to eliminate the inacceptable colonial terminology disrespectful of our Aboriginal and Torres Strait Islander compatriots from the main body of the text.

That said, there comes a time when there are so many holes in the rusty old bucket that you just can't fix it anymore.

Our old colonial constitution was drafted in the 1890s. The population was about 3.5 million in those days. But we are no longer a British colony even though it was not until 1984 that we Australian citizens ceased to be British subjects. We abandoned the White Australia policy in 1973 and have since become one of the world's most multicultural societies.

Our rusty old bucket (the constitution) is so old and fragile it is full of holes and beyond repair. Freedom of expression (speech, cartoons, etc.) has fallen through one of them. The prime minister has fallen through another. The constitution simply says the British Crown is the head of state. No mention of a bill of rights.

We have tried to patch it up 44 times since it was drafted 120 years ago but were only succeeded eight times. The only way it can be fixed is by referendum and that's almost certain to fail. Howard knew that. That's why he used it to preserve royalty and prevent the country from becoming a republic.

The only sensible thing to do would be to wrap our old colonial constitution in fine silk tissue paper (just plain white would be nice) to carefully conserve all the worn-out, dusty bits and pieces - and get a new one.

Unfortunately, that won't happen until we decide to become a republic. For that, we probably need more non-British Australians in order to counterbalance the overwhelming weight of the nostalgic vote perpetuated by British Royal mania.