2023-11-01
Moving on after the Voice referendum, towards truth-telling and treaty; to better confront injustices like juvenile detention, deaths in custody and child removal
By Senator Dorinda Cox
It’s been a difficult period for First Nations communities. The 14th October outcome of the referendum is not the result that so many of us had hoped for, and we share your sadness and disappointment. The Greens acknowledge the many First Nations Elders and activists across this country who have stayed strong and resilient in the fight, for generations. You have led a national conversation this year that will change this country’s future for the better.
For those who are feeling a sense of loss, like us, we say to you: the pathway to First Nations justice does not end with this result. There are many ways to advance First Nations justice – this was one way. There are many within reach. There is formidable strength here. Right now, as activists and allies, we cannot relent. We must use the momentum of this national conversation to recalibrate and recommit.
The referendum campaign clearly demonstrated the need for truth-telling across this country. The violence that started with colonisation has continued to this day and misinformation and violent rhetoric was amplified during the campaign, led by several high profile conservative figures. This nation needs to have an honest and informed discussion about its history so we can speak the truth, heal and move forward together through Treaty or Treaties.
The Greens have already secured money in the last Federal budget for a Makarrata Commission, and we will be fighting to urgently advance Truth and Treaty. We will be working with First Nations campaigners across the movement to continue the campaign. We’re also calling on the Albanese Labor government to lay the groundwork for lasting First Nations justice through a $250 million commitment to a Truth and Justice commission.
A commitment to a Truth and Justice Commission would begin the process of recognising and repairing the harms of 234 years of injustice and allow our country to come together in an honest conversation where everyone has access to the truth.
National truth processes played a vital part in healing processes in Canada, New Zealand and South Africa.
In May 2021, Victoria established the Yoorrook Justice Commission, which has the powers of a Royal Commission, to hear, record and address the truths about First Peoples' experiences of colonisation in Victoria from 1788 to now. A national Truth and Justice Commission would work alongside and in support of local and state level truth-telling processes and would help initiate processes in regions and states where none currently exist. Until we tell the truth about our past and begin work towards a Treaty with First Nations people that recognises our sovereignty, there will be a painful hole in the centre of our democracy.
The Greens are committed to the ongoing fight for transformative change; for justice, self-determination and Sovereignty through truth-telling and Treaty, implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), protecting Country, heritage, languages and culture. It’s time to show ambition. It’s time to use this moment to drive the real change that will come through Truth and Treaty and the affirmation of First Nations Sovereignty.
I want to thank the First Nations campaigners and allies we campaigned with right across the country for your tireless efforts throughout the campaign. The Greens are so proud to work alongside such powerful activists and changemakers fighting for a better future. The fight for justice and for self-determination continues.
It was powerful to receive the support of the Krenak First Nations people of Brazil leading up to the referendum. I was deeply humbled to be presented with cultural gifts as they brought their message about their class action against BHP, to Parliament House. There are similarities in the treatment of First Nations people all over the world and we again see Tiwi Traditional Owners having to take on Santos over its Barossa gas project. My Spirit of Sea Country Bill aims to protect underwater and intangible cultural heritage.
I have many wonderful memories from travelling to remote communities in WA, to have a yarn as I visited remote polling booths at Yandeyarra Community, Burringurrah, Jinparinya and Useless Loop. It was a reminder of how vast and beautiful our state is. Areas with high First Nations populations overwhelmingly voted yes in Western Australia, Queensland and the Northern Territory, as Australian Electoral Commission data clearly shows. WA’s First Nations support for a Voice was strong in remote communities.
Yamatji on Country in Geraldton was also memorable. Performances by primary and high school students were heartwarming, especially hearing the koolangka singing in Wajarri language “I am you are, we are Australian” and seeing the combined high school kids’ cultural dances.
After the referendum the federal opposition called for a Royal Commission into child abuse, which was playing politics at its most cynical and should be seen for what it is, just a political stunt. Child abuse is a crime. We must listen to the experts and those on the ground closest to families and communities. More than 50 organisations and experts have co-signed a joint statement rejecting calls for a Royal Commission into child abuse and given their extensive experience in their fields, their reasons for not supporting it must be listened to and understood. The joint statement should be read in full, along with my speech in Parliament on 17 October.
There have already been 19 inquiries (state and federal) since 1990. There have been 33 reports into child protection since the Bringing Them Home report in 1997. We have all the research and solutions we need, and so what we need now is action, not a lengthy, expensive Royal Commission process that could take years to conclude. The huge amount of money needed to hold a Royal Commission would be better spent directly in the communities that need it most and for frontline sexual assault services.
Before entering the Senate, I led many service associations in this sector, working alongside victims, families and communities to help them navigate necessary supports. On this important issue, I am listening to those in these frontline services who have been working with First Nations people and continue to engage with stakeholders on the initiatives, strategies and programs that are missing the mark or are not fit for purpose.
The WA Government is asleep at the wheel and our children and their families are paying a heavy consequence. The systematic abuse of children in detention including nearly 24-hour solitary confinement for weeks in a row, is in breach of WA laws and human rights standards. Unit 18 is a blight on our state and country. The passing of Cleveland Dodd is a national tragedy.
A day of reckoning. A first for WA that the government and Justice Department should hang their heads in shame over. Enough is enough.
It’s time for the federal government to step in to ensure international standards are met before we see another death and man
y more boys traumatised. It is time for the inhumane treatment to end. It’s time for care and rehabilitation. These are boys. Teenage boys. They are not just a ‘case’ or a ‘cohort’. Without immediate and human centred, trauma informed action from Minister Paul Papalia and Premier Roger Cook, sadly tragic loss of life is likely to happen again.
Thank you to my Australian Greens colleagues Senator David Shoebridge and Senator Jordon Steele-John for standing alongside me on this important issue and my WA Greens colleague Brad Pettitt MLC for speaking truth at our recent press conference outside WA Parliament House. Brad was deeply affected by the death, having worked so hard to advocate for youth in detention. He told the WA Government that it has “blood on its hands”.
My Greens colleagues at both state and federal level will continue to push for positive changes for First Nations people in our justice and corrections systems. I will be holding Corrective Services Minister Paul Papalia and Premier Roger Cook to account. Allies and mob gathered in Forrest Chase on 25 October for a National Day of Solidarity calling for Unit 18 to be closed and for justice for Cleveland Dodd who is now ‘Forever 16’.
I travelled to Ieramagadu/Roebourne to film an episode of NITV’s The Point, discussing Aboriginal Cultural Heritage and attended the last in a series of ‘Songs for Freedom’ concerts to coincide with the 40th anniversary of Yindjibarndi teenager John Pat’s 
death in police custody, that triggered the Royal Commission into Aboriginal Deaths in Custody. The trip also included attending the launch of two discussion papers by Big hART on better ways for youth detention and the power of music in justice settings.
I am often raising the importance of free, prior and informed consent and self-determination for First Nations people. Recently I met with a special team of experts and advisers from the United Nation's Human Rights Council, including Sheryl Lightfoot from Canada.
They form what's known as 'EMRIP', the Expert Mechanism on the Rights of Indigenous Peoples that was set up in 2007.
The Expert Mechanism was invited here by the Noongar Family Safety and Wellbeing Council, to investigate the unacceptable rates of child removals in WA. I was able to share with the group the continuing, challenging work being done by the Senate Inquiry into missing and murdered First Nations women and children.
Evidence given to the inquiry by WA's Commissioner for Children and Young People, Jacqueline McGowan-Jones, highlighted that more than half of children in out-of-home care are Aboriginal, and that figure has risen 11 per cent in 11 years. These women and children, and the high rates of child removals deserve our focus and action.
The latest hearing in Boorloo was snubbed by the WA Police who did not attend to provide evidence. The committee called out the WA Government’s disrespect and disregard for families. It is a disservice to the community by a public service that should be open and accountable.
The mighty Matildas returned to Boorloo/Perth in October for their Olympic qualifiers and Sam Kerr, Mary Fowler, Ellie Carpenter and the Tillies didn’t disappoint! Matches were sold out and local fans enjoyed top class soccer, just like the electrifying World Cup. HBF Park was packed for the two-nil win against Iran in the AFC Women’s Asian Olympic qualifier. The Matildas are in Group A and have three matches in Perth.
The AFL grand final result didn’t go the way I’d hoped but it was an entertaining game to watch through all quarters. Congratulations to Collingwood Football Club and to Norm Smith Medalist, Whadjuk Ballardong Noongar man Bobby Hill for an outstanding effort.
Header photo: With the visiting Krenak First Nations people of Brazil who gave their support to the Voice