A hot topic in some communities around the country is whether constitutional recognition will affect the pursuit of Aboriginal and Torres Strait Islander sovereignty. Last week the Sydney Opera House hosted an event about this very subject - “Does Constitutional recognition negate Aboriginal Sovereignty?”
The line-up of panelists included Professor Megan Davis, Director of the Indigenous Law Centre, Faculty of Law UNSW; Professor George Williams, Australian Research Council Laureate Fellow, Faculty of Law, UNSW; Nicole Watson, Senior Researcher, Jumbunna Indigenous House of Learning, UTS and Les Malezer, Co-Chair of National Congress of Australia’s First Peoples.
Each had different views to offer, but it was clear this is a complex issue.
Professor Davis began by acknowledging that during the Expert Panel consultations there was a want for sovereignty, but also a vast majority of Aboriginal and Torres Strait Islander peoples were in favour of constitutional reform. She noted the varying ideas about what sovereignty actually means and this is something that requires clarity.
Professor Williams noted that constitutional recognition does not compromise Aboriginal sovereignty, and considers both as important and necessary. He believes that Constitutional recognition and Aboriginal sovereignty are like two pieces in a larger puzzle. Recognising Aboriginal and Torres Strait Islander peoples in the Constitution will be a stepping-stone to opening up a larger conversation about sovereignty and other topics. He expressed to the group that recognition is the issue on the agenda now. As political leaders are on board, we should take the opportunity.
He conceded that the Australian Constitution is deeply flawed in that it does not recognise Aboriginal and Torres Strait Islander peoples.
Nicole Watson mentioned the diversity of opinion among Aboriginal and Torres Strait Islander peoples on what steps we need to take forward. She expressed the view that issues of sovereignty should be dealt with before constitutional recognition, which she was ambivalent about. She reminded people that there is never going to be a 'right' time to talk about sovereignty; it will always be contentious but something that we must discuss further.
Les Malezer mentioned his concerns at the divisiveness of sovereignty. He believes that we should look closely at its meaning, as it is defined in many ways by different people. He felt that sovereignty is a political issue, not a legal dispute, and therefore is not something to be tied in with constitutional recognition.
Sovereignty is an important part of the constitutional recognition discussion, and we will continue to provide a platform for people to engage on these topics.
The forum was co hosted with YouMeUnity and the National Congress of Australia’s First Peoples. The forum was filmed by NITV.