Expert Panel on Constitutional Recognition of Indigenous
Australians
Mutitjulu, NT, Public Consultation Meeting
11 May 2011
MEETING NOTES
Panel member(s): Mick Gooda
Interpreter: Harry Wilson
Number of Attendees: 35
Acknowledgement of Country
Mr Gooda acknowledged the traditional owners on whose land the meeting was
held, and paid respect to their elders past and present.
Expert Panel Introduction:
Mr Gooda introduced himself both as the Social Justice Commissioner and a member
of the Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander
Australians. He also advised:
Panel members provided an overview of the Discussion Paper and an overview of
the role and membership of the Panel.
Key issues and questions raised in the discussion:

Australia belongs to all Aboriginal people in the first place.
The Constitution

This is important, but how do you say this? Different countries have different
arrangements. For example, New Zealand has the Treaty of Waitaingi, they
have land rights, sea rights and seats of parliament. In other places like Canada,
the Innuit people have a Treaty. It’s not like us. They don’t pay tax. They run
their own casino. They talked about this when I was a young boy in 1967. They
talked about this then. Whitlam talked about land rights, Fraser talked about
land rights, and then gave us land rights. But then in the 70’s they started
talking about a republic. In 1979 they said we’d talk about a treaty. From there
I was chair of the Makarata treaty committee, and on 10 June 1998 Bob Hawke
went to Barunga and we gave him the Barunga Statement. And it’s in
Parliament house. The word got stronger when Mabo won his case in 1993. If
they put a referendum it has to be words that are more substantive – it has to
be words that are more than just ‘Sorry’. So out of the referendum there has to
be something, a big lot of research has been done on a treaty. The 1967
changes are being used to stamp on us, for the NTER. It’s two faced. We need
protection for the young people.

We have to be switched on – it’s about the Constitution - it’s not about Captain
Cook shooting our people.
What do you want constitutional recognition to achieve?
1
Expert Panel on Constitutional Recognition of Indigenous
Australians
Mutitjulu, NT, Public Consultation Meeting
11 May 2011





It’s important – it’s special to put Aboriginal people and issues in the
constitution because we have the next generation coming through, so we need
to recognise them in the constitution.
Need to make it strong, put strong words in so that it stays and the next
generation can benefit.
We’re talking about sovereignty
Next generation is learning about Canberra politics and laws. Our young people
have cultural ties and we have to teach our young people that this should be
recognised in the constitution.
We’ll end up with a didgeridoo on the streets. We want to be Anangu, and pass
it on. We don’t want to be like other Australians.
Ideas for change
Should Aboriginal people be recognised in the constitution?
Recognition of Aboriginal law

Aboriginal people have got their own constitution – it’s not written down. Put
the changes to the government, but NTG is trying to take away our recognition.

Yes, we want recognition, we were here, so we should be recognised. We
didn’t come on a boat.

Our woman, our men, have sacred sites with their constitutions. It is not the
law for us to show them our constitution. This is not our constitution, but we
want to be recognised in it. Every community in australia is close to its own
constitution. Can’t tell people in the next community how to live their life.
Recognition of culture

They still don’t know about Anangu culture after 200 years. But we know about
theirs. They need to come together. It needs to be put in the constitution. We
need to change the constitution and put it in.

We have our own 60,000 year culture, and we have to protect it.

Recognise Anangu, but also culture and protection of everything else.

Change the constitution to recognise Anangu we were here first. We still have
our memories. Don’t want the government exploiting our constitution.
Agreement making and self determination

In the past, under the Land Rights Act, we talked about royalties. It’s the only
thing that is keeping us above water. There’s a constitution that is written over
by the queen, we want to be recognised. We recognise numeracy and literacy
is low, but also there is culture.

Will it respect land rights and self determination?

They have other things in mind. Like a republic and treaty, external powers, the
RDA. Also have to look at other work internationally. The Declaration of
Indigenous Rights could look at these words in a treaty. Treaty, sovereignty,
rights and words from the declaration of indigenous rights.
2
Expert Panel on Constitutional Recognition of Indigenous
Australians
Mutitjulu, NT, Public Consultation Meeting
11 May 2011


Also the issue of self governance. The Kalkaringi statement and Batchelor
statement. And drove self governance. After that they introduced the shires
which wasn’t in the model.
We need sovereignty, treaty, and ownership. We have never ceded our
sovereignty.
Racism and discrimination

This community is like a political football – when they want bad news, they use
us. But they aren’t here to help us or put out the good news.

The government knows more about Anangu than the Anangu. White people
don’t have to prove where they come from, but we do.

When they started the intervention, we took them to court. They used section
51 to do the intervention. But there can be legal arrangements. This was made
in 1967, but the amendment wasn’t used in good faith.

Our mob was chased and shot in living memory. It’s still with the people here.
Our first contact, our story, was in the 1930s. Over by the well, that’s where my
grandfather was shot.

When they saw the first white people, they thought they were a devil. We had
our home.
Care of land

In the past, they introduced rabbits and camels. lots of animals were here and
they shot all the native animals now they filled it up with lots of other animals.
The first thing to arrive was the rabbits. Then white people arrived on a camel.
Aboriginal names were already there, but white people changed them. Even in
the station days of pastoral leases, they put in boundaries and fences on
Aboriginal land.

This place, we’re still here looking after this place. Our culture is not
recognised. We recognise Canberra, but no-one recognises us or our culture.
Education

There are only a few old people left, and they want to teach their young – is
education by Aboriginal elders, passing this on, going to be recognised?
Stolen generations

Also the person of stolen generations - they shouldn’t be recognised as half
casts, they should be recognised as Aboriginal people.
Prior ownership

We want recognition of prior ownership.
Seats in Parliament

Can we in the Constitution, make sure that Aboriginal people have seats
allocated in parliament?
3
Expert Panel on Constitutional Recognition of Indigenous
Australians
Mutitjulu, NT, Public Consultation Meeting
11 May 2011
Joint commitment for change

It’s not just politicians that vote, so it has to be all around Australia so
everybody votes.

Mutitjulu has been left in the dark since the Intervention.
Risks
None raised.
Questions for follow-up
None raised.
4