Can Liberal States Accommodate Indigenous Peoples?. Duncan Ivison

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Can Liberal States Accommodate Indigenous Peoples? - Duncan Ivison


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      Copyright © Duncan Ivison 2020

      The right of Duncan Ivison to be identified as Author of this Work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988.

      First published in 2020 by Polity Press

      Polity Press

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      Cambridge CB2 1UR, UK

      Polity Press

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      All rights reserved. Except for the quotation of short passages for the purpose of criticism and review, no part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher.

      ISBN-13: 978-1-5095-3297-1

      ISBN-13: 978-1-5095-3298-8 (pb)

      A catalogue record for this book is available from the British Library.

      Typeset in 11 on 15pt Sabon

      by Fakenham Prepress Solutions, Fakenham, Norfolk NR21 8NL

      Printed and bound in the UK by TJ International Limited

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      Every effort has been made to trace all copyright holders, but if any have been overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition.

      For further information on Polity, visit our website: politybooks.com

      I am deeply grateful for help, advice and inspiration from Sam Balaton-Chrimes, John Borrows, Danielle Celermajer, Simone Chambers, Glen Coulthard, Megan Davis, Mick Dodson, Andrew Fitzmaurice, Rainer Forst, Moira Gatens, Kirsty Gover, Stan Grant, Matthew Joseph, Jacob Levy, Lynn Meskell, Paul Patton, Noel Pearson, Audra Simpson, Quentin Skinner, Charles Taylor, Dale Turner, James Tully, Jeremy Webber and Melissa Williams. Three anonymous readers provided wise and encouraging comments on the penultimate draft, as did George Owers, who has also been a supportive editor. None should be held responsible for the errors and infelicities that remain.

      I owe a debt of gratitude of a different order to Diana, Hamish and Isobel, for their continuous love and support.

      Chapters 3 and 4 contain heavily revised material first published in ‘The Logic of Aboriginal Rights’, Ethnicities 3 (3) (2003): 321–44; and ‘Pluralising Political Legitimacy’, Postcolonial Studies 20 (1) (2017): 118–30.

      If you look at a map of Australia and search for Uluru, it appears to be almost at the centre of the country. It’s located in the Central Desert region, 335 kilometres from Alice Springs. The name refers to the land of the Anangu, the traditional owners. Whether or not it is at the geographical heart of Australia – rather wonderfully, the Australian government’s Geosciences division suggests there is no such thing1 – the massive sandstone formation, standing almost 350 metres high, with a circumference of more than 9 kilometres, looms large in the geographical, spiritual and metaphysical landscape of both the Central Desert peoples and Australia. Uluru’s history, in so many ways, encapsulates the struggles, hopes, fears, narrow-mindedness and generosity of Aboriginal and European relations over two centuries on this continent.

      Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. … With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood.

      It continues:

      Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are alienated from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future.

      These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness.

      Three major recommendations emerged from the Convention and the ‘Statement from the Heart’. The first was that a referendum should be held to enshrine a First Nations ‘Voice’ to Parliament. This would be a representative body of First Nations traditional owners to advise Parliament on policy affecting Aboriginal and Torres Strait Islander people. It would be a first step to addressing the ‘torment of our powerlessness’. Further discussions would be needed to define exactly what kind of representative body it would be, but the constitutional guarantee of its existence was critical. Previous advisory bodies have been created but then dismissed at the whim of governments. At the same time, the Council made clear it was not intended to have a veto over legislation. It would be a political mechanism for enhancing dialogue and improving the lives of Indigenous peoples.


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