Elders hail summit on indigenous constitutional recognition

A high-powered meeting of Aboriginal leaders yesterday attempt­ed to steer the indigenous recognition debate back on course.

A high-powered meeting of Aboriginal leaders yesterday attempt­ed to steer the indigenous recognition debate back on course with a breakthrough in the polit­ical stalemate.

“This is the discussion that needed to happen,” declared Cape York leader Noel Pearson after emerging from the high-level summit in Broome, which had ­become a flashpoint for discussion of politic­ally polarised positions on ­recognition.

Constructive dialogue took place at the meeting as Mr Pearson argued the merits of his fresh model for recognition that focuses on a declaration paired with an indig­enous representative body, while Yawuru leader Patrick Dodson, who is wedded to a racial non-discrimination clause, stood firmly behind the recommend­ations of an expert panel on recognition that reported in 2012.

A series of national conventions are now being planned to try to chart a middle course between the two leaders’ preferred plans.

Mr Pearson described yesterday’s closed-door discussions on constitutional recognition — held at the end of a historic summit on property rights — as highly constructive. “It was just a very good discussion between Aboriginal leaders about the different models,” he said.

“I was able to talk to the body idea that I’ve been developing with the constitutional conservatives. I think people appreciated the opportunity to get to understand that. I was part of the expert panel that proposed the original proposals that are objected to by constitutional conservatives.”

Mr Pearson said he was able to discuss constitutional lawyer Anne Twomey’s opinion, published yesterday, of how such an advisory body would work.

Professor Twomey has drafted a set of words that would allow the Pearson proposal for the creation of an indigenous body to advise on laws and policy without overriding parliament’s sovereignty.

“I was very worried about (social campaigner) Frank Brennan’s comments over the weekend that it’s not possible to draft a body that would derogate from the parliament’s supremacy,” Mr Pearson said. “I think Anne has shown that you can conceive of a body that is advisory, but that gives Aboriginal people and islander people a voice in the parliament.”

He said that a series of national conventions would be planned to continue the discussion that has begun the process of achieving consensus.

“Let’s have conventions right around the countryside involving Aboriginal and Torres Strait Islander groups in these ideas.”

Yesterday’s forum on constit­u­tional recognition followed a priv­ate meeting between Mr Dodson, Mr Pearson, and Recognise joint campaign director Tanya Hosch, that was held on Monday night.

Aboriginal and Torres Strait Islande­r Social Justice Commissioner Mick Gooda convened yesterday’s forum on constitu­tional recognition. He was keen to seize on the opportunity to discuss the issue at the rare high-powered meeting of leaders, which inclu­d­ed land council heads and trad­itional owners from around the nation. He warned yesterday that the constit­utional recognition movement was in danger of “drifting” unless there was consensus.

Mr Pearson’s compromise position on recognition involves a non-constitutionally mandated advisory body that would scrutinise legislation, paired with a Declar­ation of Recognition. Mr Dodson is wedded to a non-discrimination clause section 116a, as recommended by the 2012 panel.

All are united in repealing clauses that entrench race power in a discriminatory manner.