Land councils get behind Noel Pearson recognition plan

Land councils from NSW and Western Australia are backing Noel Pearson’s plan for a declaration outside of the constitution.

Support for Noel Pearson’s model of indigenous recognition is growing, with land councils from NSW and Western Australia backing his plan for a declaration outside of the constitution.

They have also endorsed Mr Pearson’s push for a new constitutional body to consult on policy decisions, saying it would provide indigenous groups with certainty and improve the chances of a successful referendum on recognition.

Kimberley Land Council chief executive Nolan Hunter said the turmoil surrounding the potential closure of up to 150 communities in Western Australia had demonstrated the need for indigenous groups to be consulted on laws and policies.

“Broadly, our lack of national representation and mechanisms for fair consultation have undermined our people’s general right to self-determination,” Mr Hunter said.

“Pearson’s solution would add certainty. It would set out a clear procedure for fair consultation that the indigenous body, and the parliament, can follow. It would help create certainty for all parties, and all Australians.”

The KLC has put its argument to the Joint Select Committee on Constitutional Recognition of ­Aboriginal and Torres Strait Islander Peoples, which is due to report on the steps needed to progress towards a successful referendum by the end of June.

Mr Pearson’s package for reform includes adopting a proposal from conservatives Julian Leeser and Damien Freeman for a symbolic 300-word declaration of recognition outside of the constitution. He also wants practical constitutional change to remove discriminatory clauses and to establish a representative indigenous body.

While constitutional conservatives and some members of the expert panel have backed the proposal, including indigenous leader Marcia Langton, others say it has derailed consensus.

Mr Pearson has argued that the parliamentary committee, chaired by Liberal MP Ken Wyatt, wants only “miserly remnants” of the expert panel’s recommended changes to be pursued.

Mr Hunter said the Pearson compromise, which also removes inclusion of a racial non-discrimination clause in the constitution, was more likely to win political consensus.

“We can’t approach things with a basket full of ask and no strategy to pitch to a conservative wider voting community,” Mr Hunter said.

“I support Pearson’s position because if we don’t try something different, it is not going to work.”

Chris Ingrey, chief executive of the La Perouse Local Aboriginal Land Council in Sydney, said he was excited that Mr Pearson’s proposal for a representative body may be achievable.

“The idea of an indigenous body in the constitution is one way to start getting broader Australia and the government take Aboriginal people a lot more seriously,” he said. “We may be arriving at a moment where something like this can happen, and that is an exciting prospect.”

Mr Ingrey also added his call for a series of constitutional conventions — or constitutional corroborees — to allow indigenous Australians to debate the best way forward and Pearson’s proposal.

“It is easy to tear down those who seek to propose new ideas,” he said. “But if we support each other, we are less vulnerable. If we work together, we are stronger than if we try to do it alone.”