Australia’s choice – survive by respect or die by stupid

Normally, the weeks preceding our national day see social and mainstream media, posturing politicians and personalities and cultural warriors of all our tribes caught up in argument and invective about its meaning and significance. And then, it’s all over. Calm is restored as summer winds down, the kids return to school, and the working year starts in earnest – until the next national shibboleth lumbers into view – Anzac Day in late April. 

This year, however, things are unseasonably quiet. As a nation and a community, we are too preoccupied with Australia’s unprecedented bush-fire crisis to wage our customary wars of words.

The fires have dominated the media space, with harrowing photographs and video footage of their impact on people, property, and wildlife, stories of heroism and resilience, and circular debates and divisions, political posturing and finger-pointing. They have crowded out others news and reportage from around Australia and overseas where much is happening, be it the US’ assassination of Iran’s foremost general, ongoing protests in Beirut and Baghdad, the continued pounding on tons and villages in Syria’s beleaguered Idlib province, devastating floods in Indonesia, and volcano eruptions in the Philippines and and Zealand – and, less catastrophic but infinitely entertaining, Britain’s imminent retreat from Europe, and Harry and Meghan’s divorce from the royal family.

The fires have also crowded out the predictable argy-bargy over our national identity. It’s as if the partisans and opinionistas right across our political spectrum have holstered their weapons in deference to our collective pyro-purgatory.

There is one piece, however, that I deem worthy of republishing in In That Howling Infinite insofar as it encapsulates perfectly a cognitive and cultural dissonance at the heart of our national identity that I touched upon recently in How the ‘Lucky Country’ lost its mojo.

Sydney journalist Elizabeth Farrelly is always worth reading for her perspective on our identity, our culture and our natural and built environment. On this Australia Day 2020, she asks the perennial rhetorical question: what does it mean to be Australian? Her observations are illuminating. Here is my summary – you can read it in full below.

“As the fires rage on, bringing little but anti-green and pro-coal propaganda from our governments, we have a choice. We can go on pretending that exploitation is a sustainable way of life. We can pursue this culture of denial, where truths about nature, climate, women and Indigenous peoples are held in contempt. Or we can smarten up …

Australian culture has always relied on easy exploitation. From the moment white people arrived, we’ve been kidding ourselves that arrogance and theft add up to a lifestyle with a future. We dig stuff up and flog it, no value added, no questions asked. We grow food in the most destructive possible manner – clear-felling, mono-culturing, irrigating and overgrazing; destroying soil, desertifying land and belching carbon. We crowd to the edge of the continent, gazing out to sea, chucking our trash over our shoulders, pretending it won’t come back to bite.

Even now, our Indigenous peoples are being displaced three and four times over. Last year we extinguished native title for Adani’s foreign coal-mining interests, making the Wangan and Jagalingou people trespassers on their own land. We relentlessly export such coal, helping drive temperatures in central Australia beyond the habitable, exiling people for a second time from their ancestral homelands. Then, should anyone dare critique this mindlessness, as Bruce Pascoe obliquely has, we label them non-Indigenous and  set the federal police onto determining their ancestry.

And we apply this domineering denialism, this refusal to listen, across the board. In agriculture it says, we don’t care what naturally grows here. We’re going to poison the insects, suck the water from ancient caverns and nuke the living daylights out of the soil with petroleum-based fertilizers. We’re going to burn oil and coal, and if we get fires that destroy our townships, we’ll clear the forests too. 

In politics and at home it says, if our women are troublesome, we’ll ridicule, intimidate and beat them into submission (with one woman murdered every week by her current or former partner and our political sphere internationally recognized for its misogyny).

In sport, it says it’s fine if our cricketers – so long as they don’t get caught. And in social relations, if people insist on different hierarchies – if they demand gender fluidity, or optional pronouns, or same-sex marriage or voluntary race-identity or anything else that questions our superiority we’ll come down on them like a ton of bricks.

It’s the arrogance we came with, two centuries back, but it’s getting worse, not better … God gave us white guys dominion and we’ve weaponized it. We’ll show this country who’s boss. 

Forget the Aussie flag, the flag of dominion. 

This we should carve on our hearts: there is no economy without ecology”.

See also: We got them Australia Day Blues;  and Down Under – Australian History and Politics

Survival-by-respect or death-by-stupid: your choice Straya

Elizabeth Farrrelly, Sydney Morning Herald 26th January 2020

It’s invasion day again only, this time, the eyes of the world are upon us. Under headlines like “Australia shows us the road to hell“, the world is wondering if our economy isn’t every bit as fragile as the landscape it routinely exploits. It’s wondering about our tourism, with massive cancellations already from China and a US travel warning putting Australia on par with Gaza and PNG. It’s asking how long Australia will be habitable. But beneath those questions lies another. What, at this crossroads, does it mean to be Australian?

The first three are questions of both fact and perception. As such they may be partly addressed by Scott Morrison’s $76m commitment to beef-up Australia as a brand. But the last is a question for us. Who are we, as a nation, and who do we wish to be going forward? 

Australia Bushfires: Tourism fire effects

The tourism industry has lost some $4.5 billion as overseas visitors cancel trips over bushfires.

As the fires rage on, bringing little but anti-green and pro-coal propaganda from our governments, we have a choice. We can go on pretending that exploitation is a sustainable way of life. We can pursue this culture of denial, where truths about nature, climate, women and Indigenous peoples are held in contempt. Or we can dust off our angel wings and smarten up.

Australian culture has always relied on easy exploitation. From the moment white people arrived, we’ve been kidding ourselves that arrogance and theft add up to a lifestyle with a future. We dig stuff up and flog it, no value added, no questions asked. We grow food in the most destructive possible manner – clear-felling, mono-culturing, irrigating and overgrazing; destroying soil, desertifying land and belching carbon. We crowd to the edge of the continent, gazing out to sea, chucking our trash over our shoulders, pretending it won’t come back to bite. 

 

Illustration: Simon Letch

Illustration: Simon Letch

And sure, to some extent, that’s just colonialism. Colonialism is inherently macho, and inherently denialist. But it should be transitional. Now, as the NY Times argues, our political denialism is “scarier than the fires”. Smarten up? It’s time we grew up.

This is Australia’s moment of reckoning. It’s time we lost the attitude. Time we made a clear, rational and collective choice between survival-by-respect and death-by-stupid.

On top of Auckland’s Maungakiekie, the volcanic Māori pa also known as One Tree Hill, stands an obelisk. The land was bequeathed to the city in the mid-19th century by the beloved Scot Sir John Logan Campbell, who designed the obelisk as a permanent record “of his admiration for the achievements and character of the great Maori people”. That was then – now, New Zealand has Jacinda. And yes, these dots are connected.

Australia has shown no such reverence. Indeed, unable even to express genuine remorse for our repeated attempts at genocide and erasure-by-other-means, we’re still doing arrogant displacement. And we, as a result, have Scott Morrison, who must live with the disparaging epithet concocted by the lads at the Betoota Advocate – Scotty from marketing – because many Australians believe there is a ring of truth to it.

Morrison who responds to bushfires by wanting to clear more land. Who thinks hazard reduction is climate action and more advertising can persuade them back to a charred continent. Death by stupid.

It’s the arrogance we came with, two centuries back, but it’s getting worse, not better. Even now, our Indigenous peoples are being displaced three and four times over.

Last year we extinguished native title for Adani’s filthy foreign coal-mining interests, making the Wangan and Jagalingou people trespassers on their own land. We relentlessly export such coal, helping drive temperatures in central Australia beyond the habitable (Alice had 55 days above 40 degrees last yearand recorded street-surface temperatures between 61 and 68 degrees celsius), exiling people for a second time from their ancestral homelands. Then, should anyone dare critique this mindlessness, as Bruce Pascoe obliquely has, we label them non-Indigenous and set the federal police onto determining their ancestry.  

As if that very ancestry, those very records, hadn’t been, for two centuries, the subject of our energetic erasure. As if being Indigenous had always yielded some special right to speak, instead of the precise opposite. As if the speaker’s genetic makeup validated or invalidated his speech. What?

And we apply this domineering denialism, this refusal to listen, across the board. In agriculture it says, we don’t care what naturally grows here. We’re going to poison the insects, suck the water from ancient caverns and nuke the living daylights out of the soil with petroleum-based fertilisers. We’re going to burn oil and coal, and if we get fires that destroy our townships, we’ll clear the forests too. That’ll show them. 

In politics and at home it says, if our women are troublesome, we’ll ridicule, intimidate and beat them into submission (with one woman murdered every week by her current or former partner and our political sphere internationally recognised for its misogyny).

In sport, it says it’s fine if our cricketers cheat – so long as they don’t get caught. And in social relations, if people insist on different hierarchies – if they demand gender fluidity, or optional pronouns, or same-sex marriage or voluntary race-identity or anything else that questions our superiority we’ll come down on them like a ton of bricks. 

God gave us white guys dominion and we’ve weaponised it. By golly we’ll show this country who’s boss. Then if things get really rough, we’ll pop to heaven. Let’s hear it. A recent street poster picturing Morrison declaring Pentecostals for a Warmer Planet! may seem extreme, but Meritus Professor of Religious Thought, Philip C. Almond, explains why Morrison’s faith meansreducing carbon emissions … may have little intellectual purchase with the PM” – because world’s end means the second coming and, for the chosen, salvation. It’s also why Morrison’s beloved Hillsong church can happily advertise its coming conference, called Breathe Again, with Bishop T D Jakes saying “it’s amazing how God can strike a match in Australia and the whole world catches on fire”. As if the fires were God given.

That’s choice A, Scott Morrison’s choice. Business as usual but with extra cheesy advertising. Choice B, survival-by-respect, recognizes that even cheese can’t sell a pile of ash.

Survival-by-respect means just that: respect for Indigenous peoples, for nature and for women. It means knowing that listening is no weakness, but a path to greater strength.

On the ground, the shift would be dramatic but not impossible. Zero carbon cities would become an immediate priority: solar vehicles, green roads, every surface productive of food or energy. It would mean ending coal production. Investing in renewables. Creating whole new industries. 

This would mean listening to people who’ve spent 60,000 years here. Not copying, necessarily, listening. And listening, above all, to nature, heeding the fires’ overwhelming lesson. Forget the Aussie flag, the flag of dominion. This we should carve on our hearts: there is no economy without ecology. 

Sure, we can stick with lazy old Plan A. We can bow to Brand Australia and trust our grandchildren’s futures to the Rapture Hypothesis. Good luck with that, and happy Straya Day!

Bare Dinkum

Elizabeth Farrelly is a Sydney-based columnist and author who holds a PhD in architecture and several international writing awards. She is a former editor and Sydney City Councilor. Her books include ‘Glenn Murcutt: Three Houses’, ‘Blubberland; the dangers of happiness’ and ‘Caro Was Here’, crime fiction for children (2014).

We oughtn’t fear an Indigenous Voice – but we do

They were standing on the shore one day
Saw the white sails in the sun
Wasn’t long before they felt the sting
White man, white law, white gun
Don’t tell me that it’s justified
‘cause somewhere, someone had lied
And now you’re standing on solid rock
Standing on sacred ground
Living on borrowed time
And the winds of change are blowin’ down the line
Goanna

Journalist Jacqueline Maley wrote in The Sydney Morning Herald  on17th November 2019:

“The Uluru Statement From the Heart, with its reasoned call for constitutional recognition, has become such a politicised issue that it is easy to forget what a beautiful piece of writing it is. It is not even 500 words, but within it is a world: the struggle, tragedy and dignity of one of the world’s oldest living cultures. It discusses the ancestral ties of First Nations peoples to the land, unextinguished by colonisation. It talks about children stolen and incarcerated. “This is the torment of our powerlessness,” it reads “.

You’d have thought that the recognition of Indigenous Australians in our constitution would be a no-brainer, and that their participation as stakeholders and advisers in matters of government policy affecting them, much as many other bodies and institutions do, would be a reasonable and worthwhile proposition. It would, one might’ve thought, be simply the right thing to do.

But you’d be disappointed. Not in today’s Australia, it would seem. The things that divide us are greater than those which unite us.

Anne Twomey, Professor of Constitutional Law at the University of Sydney has written a clear and concise response to the naysayers, fear-mongers and purveyors of misinformation. It ought to be required reading, but as it is behind News Ltd’s paywall, I republish it here.

It is followed by an opinion piece by one time journalist and now academic, Stan Grant, on why the plan for a referendum proposed by our new Minister for Indigenous Australians, Ken Wyatt, may be a forlorn hope (both Grant and Wyatt are indigenous Australians); and after this, an informative article by conservative columnist Chris Kenny.

Kenny is normally a caustic and predictable member of News Corp’s right wing  comments racy, but here, he provides a good analysis of the obstacles facing Wyatt and the ambivalent PM Scott Morrison.

“There appears to be no sphere of our national political debate – indigenous groups, conservatives, progressives, media, business, sport­ing organisations – mature enough to deal with this issue in a meaningful, pragmatic or generous fashion. Perhaps unsurprisingly given the toxicity, shallowness and incompetence of our past decade of national politics, we seemed to have learned nothing about how to conduct this discussion. Instead of reasoned negotiations we have positions shouted and rejected across the airwaves, exaggerations and scare campaigns run against various options … (for) constitutional change that is neither detailed, settled or easily understood. Everyone wants to parade their view … but are less prepared to do the hard work of grinding out a workable compromise. The nation’s first indigenous Minister for Indigenous Australians must despair at the kneejerk responses since he reopened this debate”.

Malcolm Harrison, an old friend of mine, makes the following observations”:

”The liberal, progressive left, identity politics movement seems to have met some severe headwinds of late, and the growing apprehension about some of its more extreme aspects may halt it for the forseeable future. Various forms of conservatism are definitely gaining ground at least in the short term. The voices of oppressed indigenous peoples, and those colonised like India, are growing louder, and demands for financial compensation are becoming more common. It’s only a matter of time before this becomes a very real issue. If I were the government of Australia, I would be making secure deals with what’s left of the indigenous peoples, while I still could. Excluding them from the constitution only strengthens their future case. From the perspective of identity politics, if I were an aboriginal I would be righteously aware that from a human rights perspective, I had a lot to complain about. And sooner or later, the conscience of my society might be forced to acknowledge this in practical ways that at present it is not prepared to countenance or even consider. But, as I imply in the first paragraph, we may not get there in the short term, and indeed we may never get there at all. Indeed, if some of the extreme ideas being privately discussed among our present neoliberal aristocratic elites come to fruition, many more of us might be joining our indigenous brothers on the fringes, beyond the pale”.

There is a darkness at the heart of democracy in the new world “settler colonial” countries like Australia and New Zealand, America and Canada, where for almost all of our history, we’ve confronted the gulf between the ideal of political equality and the reality of indigenous dispossession and exclusion. To a greater or lesser extent, with greater or lessers success, we’ve laboured to close the gap. It’s a slow train coming.

Also, in In That Howling Infinite: Down Under – Australian History and Politics

Postscript

two month’s on, and it would appear that positions have hardened. More like ossified, I would say.

Delivering the 19th Vincent Lingiari Memorial Lecture in early August, Ken Wyatt made explicit, in the strongest terms since becoming Minister for Indigenous Australians, that the Morrison government has decided to dismiss the call for a First Nations Voice enshrined in the constitution.

“I want to be very clear,” he said. “The question we put to the Australian people will not result in what some desire, and that is an enshrined voice to the Parliament –  these two matters [constitutional recognition and a Voice to parliament], whilst related, need to be treated separately.”

Whilst carefully choosing how it tackles the Uluru Statement from the Heart, the government’s tactic may be to appear to be doing something, while doing nothing at all.

If the government legislates the Voice without constitutionally enshrining it, it will not only ignore the Uluru Statement and the unprecedented consensus that made it, ii will be setting it up to fail. A First Nations Voice established by an act of parliament alone and not protected by the constitution will one day be diminished or repealed at the whim of a future parliament as has been the fate of all national Indigenous representative bodies. Moreover, Indigenous people do not support mere symbolic constitutional recognition and have dismissed it in regional constitutional dialogues. Those who are to be recognised need to be able determine how they are recognised.

22nd August 2019

See also in In That Howling Infinite:

Fright-monsters keen to deny voice a fair go

Anne Twomey, The Australian, 13th July 2019

The most remarkable thing about a proposal for an indigenous voice to parliament is how moderate and reasonable it is. It is not a demand to dictate laws. There is no insistence upon a power of veto. There is simply a cry to be recognized — to be listened to with respect.

It means no more than that indigenous views can be channeled into the parliament by a formal mechanism so that they can be taken into account and parliament can be better informed when making laws that affect indigenous Australians.

How many people would prefer that the parliament be poorly informed? Who thinks it is a good idea for parliament to waste money on ineffective programs that achieve nothing?

The proposal is so very reasonable that it has shocked people into imagining hidden conspiracies and conjuring up fright-monsters, because they cannot bring themselves to believe that a proposed change could actually be good.

The best way to dispel fright-monsters is to expose them. The first is the claim that any indigenous voice that could channel its views and advice into the parliament would be a “third house of parliament”.

To state the obvious, it would be a third house only if it was given the power to initiate bills, pass and veto them, and be defined as a constituent part of the parliament in section 1 of the Constitution.

The only people suggesting this are those who are opposing it, so we can strike this off the list of problems.

If the suggestion is that any person or body that formally advises parliament in relation to bills or policies is a third house, then we would have a parliament of very many houses indeed.

Take, for example, the Independent National Security Legislation Monitor, whose role is to provide independent oversight of national security legislation and make recommendations about it, which are tabled in parliament. The monitor is currently conducting an inquiry into laws that terminate the citizenship of people involved with terrorism. Does this make the monitor a “third house of parliament”?

If so, the monitor would join the Auditor-General, the Productivity Commission, the Australian Law Reform Commission, the Australian Human Rights Commission and the many other bodies and people whose job it is to ensure that the parliament is better informed about particular subject matters.

All of these bodies and officers have influence, and should be listened to with respect because of their experience and expertise, but that does not mean they dictate legislation and government policies.

Governments have to take into account broader issues as well, such as the budgetary position and the general wellbeing of the entire country.

There is no greater threat in having an indigenous body advise and influence the parliament than there is in relation to any of these other bodies. Instead, there is a benefit in having a better informed parliament and hopefully better targeted laws and policies.

The next argument is that if this indigenous voice is enshrined in the Constitution, the High Court will get involved and every time indigenous advice is not followed there will be litigation and the High Court will force the parliament to give effect to that advice. This view is misguided. It is part of the principle of the separation of powers that the courts do not intervene in the internal deliberations of the parliament.

The High Court has held that it will not enforce constitutional provisions, such as sections 53 and 54 regarding money bills, because they concern the internal proceedings of the houses. As long as the constitutional provisions concerning an indigenous voice were drafted to make it clear that consideration of its advice was part of the internal proceedings of the houses, the matter would not be one that could be brought before, or enforced by, the courts.

The third argument concerns equality. Some have argued that there is a fundamental principle of equality in the Constitution and that division on the basis of race should not be brought into the Constitution.

First, there is no general provision of equality in the Constitution. For example, Tasmanians have, per head of population, far greater representation in the federal parliament than voters from NSW.

Members of parliament might also be aware by now that section 44 disqualifies them if they are dual nationals.

Second, the Constitution has always provided for distinctions based upon race. From 1901 to 1967 section 127 provided that for certain purposes “aboriginal natives” were not counted in the population.

This did not mean that they weren’t counted in the census. Every census, from the very first, has included detailed information about indigenous Australians. But it did mean that when determining the population for the purpose of calculating how many seats a state had in parliament, indigenous Australians were excluded from the statistics until this provision was repealed in the 1967 referendum.

Section 25 continues to provide that if a state excludes people from voting on the basis of race, it is punished by having its population reduced for the purposes of its representation in the federal parliament. Section 51 (xxvi) continues to allow the federal parliament to make laws with respect to the “people of any race for whom it is deemed necessary to make special laws”.

There are good reasons today to remove sections 25 and 51 (xxvi) from the Constitution, but there will still be a need to include some kind of power to make laws with respect to indigenous Australians.

This is not because of race. It is because of indigeneity.

Only indigenous Australians have legal rights that preceded British settlement and continue to apply today.

Only indigenous Australians have a history and culture unique to Australia.

It is not racist, divisive or a breach of principles of equality to enact laws that deal with native title rights or protect indigenous cultural heritage.

Nor is it racist, divisive or in breach of principles of equality to allow the only group about whom special laws are made to be heard about the making of these laws. Indeed, it is only fair, and fairness is a fundamental principle that Australians respect.

Anne Twomey is a professor of constitutional law at the University of Sydney.

Ken Wyatt, a man in the cross-hairs of history

Stan Grant, Sydney Morning Herald, 13th July 2019

Ken Wyatt is a man of history. He has defied a history of Indigenous children stolen from their families. He has defied a history that locked Indigenous people out of Australian political life, that for too many years denied Aboriginal people full citizenship. This week he made history, speaking at the National Press Club as the first Aboriginal person to be a cabinet minister in a federal government – an Aboriginal person leading the portfolio for Indigenous Australians.

His moment in history ... Ken Wyatt, the Miniser for Indigenous Australians.                        Ken Wyatt, the Minister for Indigenous Australians (Alex Ellinghaussen)

But when it comes to constitutional recognition of Indigenous people, history is against him. There have been 44 referendums put to the Australian people and only eight carried. It has been more than 40 years since the last yes vote. We set a high bar: change requires a majority of voters in a majority of states. Fifty per cent of the national population plus one is not enough.

The numbers are against him: Indigenous people are fewer than 3 per cent of the Australian population seeking to win over 97 per cent. Politics is against him: he is in the wrong party; more than half of all referendums have been put by the ALP. Right now, Ken Wyatt cannot even count on the full support of his own side of politics.

If a referendum won’t succeed, there will be no vote, he says. He’s hoping for consensus, bringing together political opposition including influential politicians such as Pauline Hanson. He wants a conversation with the Australian people around barbecues and dinner tables. His hardest conversation will be with Indigenous people.

Black Australia has already spoken. The Uluru Statement from the Heart remains the clearest expression of the aspirations of Indigenous people, emerging out of an exhaustive and emotional process of negotiation and consultation. It is itself a compromise, a conservative position, achieved in spite of understandable hostility from some Indigenous people who have no faith in Australian politics. Now they are being asked to compromise again.

What was all of that for? Where is the trust? The previous Turnbull government rejected the key recommendation of the Uluru Statement, that there be a constitutionally enshrined “voice” – a representative body allowing Indigenous people to advise and inform government policy. Prime Minister Scott Morrison was among many who called it a “third chamber” of Parliament. He reportedly has not shifted from that view.

Wyatt has already framed future negotiations by indicating that he may prefer some symbolic words of recognition in the constitution and a legislated statutory voice. He is testing the resolve and agility of Indigenous leadership. Will they walk back their demand for a constitutional voice? Can they accept symbolism? He’s already sought to recast constitutional recognition as the preserve of urban Indigenous elites, disconnected from impoverished remote black communities.

Ken Wyatt is also on a collision course with the Labor opposition. Senior Indigenous ALP figures Linda Burney and Patrick Dodson have reasserted their commitment to the spirit of the Uluru Statement and full constitutional recognition. It sets up a divisive political battle, which would scuttle any hope of a successful referendum.

Constitutional lawyer George Williams knows how difficult referendums are. He has previously laid out a roadmap to a yes vote. It requires political bipartisanship and popular ownership.  It cannot be perceived as political self-interest. The public must know what they are voting for, so it requires popular education. Referendums, Williams warns, are a minefield of misinformation.

And there must be a sound and sensible proposal.

Professor Williams has cautioned that the referendum process itself may be out of date – not suited to contemporary Australia. He says referendums should be expected to fail if there is political opposition or if the people feel confused or left out of the process.

On that basis, as it stands right now, an Indigenous constitutional voice looks a forlorn prospect.

But there is a glimmer of hope and it comes from our history. In 1967, Australians voted in overwhelming numbers – more than 90 per cent, the most resounding yes vote ever – to count Aboriginal people in the census and allow the Parliament to make laws for First Peoples.

Ken Wyatt is invoking the spirit of ’67, but he also knows its lesson: it was a victory of fairness over difference. Australians are wary of difference, suspicious of questions of rights. Australia has no bill of rights; our constitution is a rule book, not a rights manifesto. Australia is a triumph of liberalism where people are not defined by their race, religion, ethnicity or culture. Australia is a place where migrants are encouraged to leave their histories and old enmities behind. Nationally we are more comfortable mythologizing our own history than probing its darkest corners.

Indigenous people live with their history; they carry its scars; it defines them. In a country founded on terra nullius – empty land – where the rights of the First Peoples were extinguished, where no treaties have been signed, this – as the Uluru Statement says – is the torment of their powerlessness.

When it comes to Indigenous recognition – symbolism or substance – black and white Australia speak with a very different voice.

Ken Wyatt, a man of history, is now in the cross-hairs of history.

Stan Grant is professor of Global Affairs at Griffith University. He is a Wiradjuri and Kamilaroi man.

The key to an indigenous voice’s success – it must be practical

Chris Kenny, The Australian, 13th July 2019

For all their best intentions, it might have been a mistake for Ken Wyatt and Scott Morrison to put indigenous constitutional recognition back on the agenda and commit to getting it done in this term of government. There appears to be no sphere of our national political debate — indigenous groups, conservatives, progressives, media, business, sport­ing organisations — mature enough to deal with this issue in a meaningful, pragmatic or generous fashion.

Perhaps unsurprisingly given the toxicity, shallowness and incompetence of our past decade of national politics, we seemed to have learned nothing about how to conduct this discussion. Instead of reasoned negotiations we have positions shouted and rejected across the airwaves, exaggerations and scare campaigns run against various options, and groups as diverse and seemingly irrelevant as national sporting organisations and major businesses running jingoistic campaigns supporting constitutional change that is neither detailed, settled or easily understood.

Everyone wants to parade their view and, yes, signal their virtue, but they are less prepared to do the hard work of grinding out a workable compromise. The nation’s first indigenous Minister for Indigenous Australians must despair at the kneejerk responses since he reopened this debate.

Completely lost in the debate is the genesis of the “voice” proposal as a compromise proffered by conservative thinkers looking to deliver a meaningful outcome for indigenous Australians while preserving the integrity of the Constitution. This concept, first devised by indigenous leader Noel Pearson building on work by now Liberal MP Julian Leeser, conser­vative philosopher Damien Free­man and others, was assiduously workshopped and then explained and promoted to politicians, commentators and activists.

At the heart of this proposal, and a key to understanding this debate, is the desire to ensure constitutional recognition provides more than a cursory or symbolic mention of Aboriginal people in our nation’s founding document but delivers a practical outcome for indigenous advancement. This would be done by guaranteeing indigenous input into decision-making over their affairs — something that happens informally now but under the plan would be genuinely representative and underpinned in the Constitution.

In return, the Constitution would be protected from more radical change and a statement of national values would make more poetic exclamations about the shared indigenous, British and immigrant strands of our national bounty, outside of the Constitution. Incredibly, all the work devising this approach occurred outside the official channels such as the expert panel and select committee inquiries.

Initially its prospects seemed likely to match those of a snowflake at Uluru. It was attacked as a sop by the activists on the left who argued for a racial non-discrimination clause to be inserted into the Constitution as well as an indigenous affairs power and recognition clause that looked like a broad-ranging, de facto bill of rights. The right branded this voice approach as a divisive attempt to give additional rights and representation to indigenous Australians — an attempt to inject race into the Constitution.

Never mind that race is already embedded in our Constitution and that whatever happens on recognition the detailed constitutional changes are likely to remove those redundant race-based clauses. Never mind that by dint of legislation such as the Native Title Act there already are very specific measures that fall under the constitutional responsibility of the federal government that demand special consideration for indigenous people. And never mind that successive governments, Labor and Liberal, have had informal bodies to provide advice from Aboriginal people on these issues.

Somehow, mainly because of the power of the ideas but also thanks to the persuasiveness of Pearson and his team, the thrust of these ideas was embraced by a summit of indigenous community leaders at Uluru in May 2017. It was a monumental achievement but the grandiloquence of the “Statement from the Heart” would always frighten many horses.

Talk of “first sovereign nations” and spiritual links to the land was anathema to calculated, clinical constitutional change. Having invested some time in comprehending this process, I recall being immediately dismayed by the emotive words of the Uluru statement because I foresaw the political resistance they would trigger. It is a beautiful statement in many ways, and certainly encapsulates a wise position, but constitutional change is no place for emotionalism. Still, at its core are two proposals: “the establishment of a First Nations Voice enshrined in the Constitution” and “a Maka­rrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history”.

This is now characterized as indigenous people asking too much of their non-indigenous compatriots. It is actually the opposite; these proposals can be seen as a generous offer of compromise from Aboriginal Australia to try to advance reconciliation in a practical but meaningful way.

Instead of demanding a racial non-discrimination clause and direct recognition of their rights in the Constitution, indigenous Australia is merely looking to have a guaranteed, advisory and non-binding input into legislation that affects them. And instead of demanding a treaty, they have come up with a regionally based process of agreements and truth-telling under the Yolngu (Arnhem Land) word of Makarrata, which encompasses conflict resolution but helps to avoid divisive arguments over treaties.

Conservative politicians as different as Malcolm Turnbull and Tony Abbott have dismissed the entire voice proposal as a “third chamber” that is too radical to contemplate. This has made the voice a third rail in the debate.

This is disappointing and ultimately dishonest because there are so many options available to arrange the representation and functions of a voice that if anyone has concerns it might be directly elected and wield some kind of informal veto power over parliament then a way to deal with the issue is to propose an acceptable format rather than just create fears over a third chamber. Otherwise, are they really suggesting the Aboriginal advisory councils reporting to Labor and Liberal governments over past decades have operated as third chambers of parliament?

Not all the blame for the emptiness of this debate rests with the conservatives — let me remind you, conservative thinkers were at the genesis of this proposal. The sloganeering on the progressive side has probably created more concern in the community than the scare campaigns from the Right.

People like Marcia Langton have been so aggressive towards their perceived ideological enemies that they burn goodwill faster than others can create it. And when big business and big sport start pushing loosely formed ideas about Recognition or a Voice onto customers and supporters — out of context and without formal proposals even being in existence — they raise the suspicions of voters, if not their hackles.

The most likely avenue for compromise now is for Morrison to prevail, as hinted at in Wyatt’s speech, and have a voice formalised through legislation but not mandated in the Constitution. This will disappoint many indigenous people but might fly.

Another idea worth consideration to assuage the doubters might be some sort of sunset provision. There is a legitimate argument to be made that one race-based grouping should not have separate consideration in our political processes. For reasons I have outlined previously (mainly recognizing historical disadvantage and accepting special status under native title rights), I think an exception should be made for indigenous Australians. But perhaps in the spirit of the Closing the Gap initiative, any changes could recognize that once those crucial gaps in social outcomes between indigenous and non-indigenous are closed, then special representation might no longer be required.

That will be a long way off. But it might provide extra emphasis on the need to focus on practical outcomes rather than mere symbolism. Let us see where the debate takes us in coming months. Success for Wyatt would be success for the nation. But he and Morrison need to be wise enough to walk away from their self-imposed time frame if necessary.

This will be worthwhile only if it delivers something practical that can help indigenous advancement and provide closure to decades of debate. A trite phrase dropped into a preamble to make the majority feel good about themselves won’t be worth the effort and could create more trouble than it is worth.

Read also: Walk with me, Australia: Ken Wyatt’s historic pledge for Indigenous recognition

We’ve got them Australia Day blues … again

Australia Day has always been celebrated on 26th January – except when it wasn’t …

Today is our national day. We celebrate the first settlement of white settlers on Australian shores. Captain Cook had been here a decade before, and Dutch, Portuguese and English mariners had touched land at various point earlier in the century, but didn’t find the amenities attractive enough to stick around.

Many people, particularly rightwing politicians and opinionistas, and white Anglo-Celtic nationalists regards this seminal moment as “a good thing” to borrow a phrase from “1066 and All That”. After all, it brought the benefits of European civilization to those whom Rudyard Kipling might later have referred to as “fluttered folk and wild, half demon and half child”. After two centuries of dispossession, enslavement, massacre, and, in recent times, gradual steps towards recognition and restitution, many descendants of the first peoples think otherwise and regard 26th January as Invasion Day, a time of mourning.

It has become a time for debating our history, and also, our  identity. It is also about memory and myth. As American author CE Morgan has written, “Repeated long enough, stories become memory and memory becomes fact”. German academic Ulrich Raulff put it this: “ … our historical memory is a motherland of wishful thinking, sacrificed to our faith and blind to known facts … This is why historical myths are so tenacious. It’s as though the truth even when it’s there for everyone to see, is powerless – it can’t lay a finger on the all powerful myth”.

And so  around this time every year, people argue about moving the date to one that is less divisive, and indeed, to one that more realistically commemorates the founding of the Commonwealth of Australia. January 1st for example. is put forward as the day six states came together as one Commonwealth under a federal government. The problem with January 1st is of course that being New Year’s Day, and already a fireworks and hoopla day off, no one would notice. The Queen’s Birthday weekend in June (it’s not her’s actually, but George III’s, but never mind) is also mooted. But that’s wintertime And not good for the beach and a cold beer. Moreover, January 26th is ideally placed as the last long-weekend before the kids go back to school.

As if responding to Pavlov’s bell, folk of a conservative persuasion evoke the irrevocable sanctity of January 26th as a commemoration of how we became who we are – that is, a mainly white and Christian but increasingly multihued and multifaith democracy at the fag-end of the earth. The conservative media seize upon it as an opportunity to serve up overblown, meretricious flimflam not withstanding the fact that the story of the First Fleet is thrilling enough without over-leavening it with patriotic flagwaving, triumphalism, and a big serve of manifest destiny.

The idea of celebrating the acknowledged virtues of our country – its tolerance and openness, its acceptance of immigrants of all colours, cultures, and religious beliefs, its mythical values of “mateship” and a “fair go” are sound. In citizenship ceremonies across our island continent, migrants from all over swear allegiance to our nation and it’s English queen (but we won’t go there). And yet, the day itself has evolved into a shibboleth, a caricature, a bombastic, jingoistic carnival of flags and fireworks, partying and posturing. It’s as if we forget that on January 26 1788, Captain Arthur Phillip established a penal colony – not a nation. Of the 1336 souls who landed, over half of them were in chains.

Ironically, the day is not at all sacrosanct. For most of the century of our existence as a nation, most Australian states did not see a reason to celebrate this Sydney-centric beano with such gusto.  indeed, as the picture below shows, the date itself was quite portable. the It was only on the occasion of our bicentenary in 1988 that it officially donned the aura of a secular holy day of obligation – and, of course a public holiday conveniently placed between the hot and lazy Xmas holidays and the commencement of the school year. Recent polls have show that a majority of Australians wouldn’t be too fussed if the date was moved. A significant proportion are hard pressed to say what it is we are actually commemorating.

Perhaps one good reason we ought to abolish Australia Day is that we are not grown up enough as a nation to deserve it.

[I have included at the end of this post what I consider a reasonably well-nuanced appraisal of the culture wars being fought out over Australia Day. Paul Kelly of The Australian  is a conservative commentator, and is obliged to recite form the News Corp song sheet when it comes to repeating the cliched mantras of his mother-ship – or is it ‘fathership’?) but he weighs well the tired arguments of left and right and argues for what would, could or should pass for the ‘reasonable middle’]

And so, today is our national day. A day when the “black armband” and “white armband” tribes leave off their month-long cage-fight that has dominated the media during the Xmas holiday doldrums, and just enjoy a day off.

And we can have a break from self righteous patriotics until our next official day off: Anzac Day, when we celebrate our defeat the hands of Johnny Turk at Gallipoli, and when, of course, The Australian and it’s hired hacks will get carried away by all the Anzacery bluster, and express their indignation with all who criticize that shibboleth. The irony of Anzac Day is that whilst it rightfully remembers the cost and futility of war, its commercialization has meant that more money is spent on political and patriotic posturing than on our serving soldiers and on those who return home injured and traumatized. As Samuel Johnson quite rightly (is said to have) said, “patriotism is the last refuge of the scoundrel”.

See also, The Frontier Wars – Australia’s heart of darkness, and We oughtn’t  fear an indigenous voice – but we do.

For more in In That Howling Infinite on Australian history and politics, see Down Under


We’ve had those Australia Day blues for a long time as this report from the ABC demonstrates:

We thought they were going to be massacred’ 

ABC Broken Hill. Aimee Volkofsky, 25 January 2018

Watch the  video here:  Eighty years since forced First Fleet re-enactment (ABC News)

WARNING: This story contains images of deceased Indigenous people.

Aboriginal men perform a dance at a 1938 re-enactment of the landing and proclamation of Captain Arthur Phillip at the 150th Australia Day celebrations.    (State Library of NSW)

On January 26, 1938, as the first rally against Australia Day was held, 25 Indigenous men were told if they did not perform the role of ‘retreating Aborigines’ in a re-enactment of the First Fleet, their families would starve.

Government officials had selected the best dancers and singers from Menindee mission in far-west New South Wales and told them they were required to perform cultural dances in Sydney. What they were sent to take part in was a re-enactment of the landing and proclamation of Captain Arthur Phillip at the 150th Australia Day celebrations.

Ngiyaampaa elder Dr Beryl (Yunghadhu) Philp Carmichael, born and raised on the mission, was only three at the time, but her memory of the fear in the community never left her.

Ngiyaampaa elder Dr Beryl (Yunghadhu) Philp Carmichael,

My grandfather protested Australia Day in 1938

The inescapable reality is that Australia’s current national day excludes and alienates Indigenous people — 80 years after my grandfather marched the streets in a fight for equality, writes Ngarra Murray. “All I can remember is the crying, all the women were crying,” she said.  “Whether they were taking them away to be massacred or what, no-one knew. The community went into mourning once they were put on the mission truck.”

The men returned a week later, but Dr Carmichael said it was many years until they would talk about their experience. ‘They came back very quiet,” she said. “It was only in the late 70s they started saying something about what it was like down there. We knew whatever happened down there really hurt them and we didn’t question them.”

Hidden from friends and family

It is speculated that part of the reason for bringing Indigenous people all the way from Menindee was because those in Sydney refused to take part. In Sydney plans were afoot to hold a rally on Australia Day; the Aborigines Progressive Association would declare it a ‘day of mourning’.

Aboriginal rights leaders William Ferguson and John Patten published the Aborigines Claim Citizen Rights! pamphlet on January 12, 1938. In it they declared, “We do not ask you to study us as scientific freaks … the superstition that we are a naturally backward and low race … shows a jaundiced view of anthropologists’ motives”.

Those in power at the time seemed eager to keep the Menindee men well away from activists, keeping them locked away in police barracks.

The incident was detailed in a biography on William Ferguson, written by Jack B Horner in 1974. “The Secretary of the Protection Board had a shrewd idea that Ferguson would try to prevent the Menindee men from taking part in this re-enactment. The Board was taking no chances. Nobody could meet the Aborigines in the coming week in Sydney, without … obtaining personal permission.” — from Vote Ferguson for Aboriginal freedom: a biography by Jack B Horner
Dr Carmichael said there had been whisperings of the movement on the mission, and a direct link to Mr Ferguson.

“Most people on missions couldn’t read and write; that made it really hard for them to understand the government documents they were throwing around,” she said. “Old Bill [Ferguson], because he knew his brother Duncan was back on the mission, he used to send messages back to him. But in the end the mission manager found that out, picked the old fella [Duncan] up in a truck and dumped him over the hill [outside the mission boundary].”

Mr Ferguson attempted to get word to the Menindee men while they were in Sydney but, as elaborate as they were, his efforts were unsuccessful.  “Then followed in the week before the celebrations an amusing battle of tactics between the Protection Board officers and the executive of the Aborigines’ Progressive Association….Some Sydney relatives of a Peter Johnson from Menindee tried to see him at the barracks.  The relatives had been sent by Ferguson, of course, in order to pass to Hero Black (the leader of the Menindee party) a message not to take part in the mortifying ‘retreat’ from the ‘first party of Englishmen’.” (From Vote Ferguson for Aboriginal freedom: a biography by Jack B Horner) . They were eventually allowed a closely supervised visit from two female relatives.

The men soon discovered their duties would include playing the part of Aboriginal people fleeing British soldiers.

Threatened with ration cuts

While the activists may have gotten their message through to the performers, discouraging them from taking part in the re-enactment, the men were left with little choice.

Dr Carmichael said when it came to performing traditional dance, the men were troubled to find they would be led by an Aboriginal actor who did not speak their language or know their culture.

“The government unknowingly or knowingly put up a big Aboriginal, good looking fella as the leader of the dancers and they didn’t even know him. He wasn’t from Ngiyaempaa,” she said. “That really devastated the people and they refused to dance. [The government] threatened them and threatened them; if they didn’t perform they’d cut off the rations to their people on the mission. It was the toughest time of their lives, I think.  I’m just happy we survived’

Eighty years on, as debate continues around whether January 26 is celebrated or mourned, Dr Carmichael said she was happy to have survived, even though she was sad about the past. “We were brought up to tolerate a lot of things and to give thanks for being alive,” she said. “I’m just glad I survived with my culture intact and am alive to teach and pass it on. We should strive for peace, between all nations. We need to come together as people.”

Australia Day: we must face the two truths about January 26

Paul Kelly, Editor-At-Large, The Australian,  
Illustration: Eric Lobbecke
Illustration: Eric Lobbecke

Australia Day is getting bigger, brighter, more celebratory and stained by the rising tide of culture war hostility. The transformation of January 26 from a sleepy public holiday two generations ago into a boisterous party and civic commemoration has provoked a political backlash conceived in two different sentiments — grievance and exploitation.

The debate is not just about our national day. It’s really about who we are, what symbols we honour and, ultimately, the legitimacy of our civilisation. This debate can break one of two ways: robust differences can generate a better understanding of Australia and its national day or the upshot can be a destructive orgy of self-interested identity politics leading to a diminished and divided country.

The progressive crusade to ­remove January 26 as Australia Day has won fresh momentum for a movement bent upon imposing its views on the nation. Nobody should be surprised.

The volatility of social media, the power of negative politics and the emotional manipulation around “invasion day” constitutes sufficient warning that things could go badly wrong.

A nation ignorant of its history or simply unable to handle its history is heading for trouble in the present age of populist and cheapjack disruption.

Those pledged to “change the day” underestimate the popularity of the late January public holiday before the kids return to school, when barbecues abound in parks and backyards, fireworks make a spectacular night, the Australian flag adorns cars and front verandas, the sense of community is tangible, and civic and citizenship ceremonies at the local level testify to a beating patriotism.

In every such event there are tributes to the first Australians. This is embedded in our civic ­culture. More indigenous peoples are participating and being recognised on Australia Day, with its ­official emphasis on multi­culturalism and diversity. Since governor Lachlan Macquarie nominated the public holiday in 1818, the day has seen enormous and essential reinterpretation.

Beware, however, the emerging malaise — a culture war between the green-identity, politics-progressive left determined to destroy the current day and the hopelessly unpersuasive conservatives who defend the status quo, speak and listen only to one another and lose every battle because they cannot find a language to appeal to a ­diverse mainstream.

There are two truths about January 26, 1788. It was the threshold moment for one of the most audacious experiments of the ­Age of Enlightenment seeding a British settlement and society on the continent most distant from Britain under the practical yet visionary leadership of Arthur Phillip, in many ways the true founder of Australia who, against almost every prospect, had the ­insight to believe this convict ­colony at the ends of the earth would one day be “the most valuable ­acquisition Great Britain ever made”.

Those who say the story of the First Fleet and settlement are boring and uninspiring are dead in their imagination and blind in their vision.

The associated truth is that the oldest civilisation on earth, isolated for thousands of years from the rest of the globe and hence ­extremely vulnerable, was unable to defend ­itself and suffered dis­possession of its lands, ravage from disease, loss of life in conflict and loss of its way of life.

Despite the ­initial good ­intentions towards the Aborigines displayed by Phillip, the great moral failure in Australian polity was the belief there was no place, no dignity and, indeed, no life for the original Australians.

Both truths are authentic. Neither can, nor should, be denied. This is our inheritance and, in its soaring achievement and murderous squalor, it constitutes the unique meaning of Australia. One of the central purposes of our existence is to find a way of living with these truths and ensuring the peoples who embody such different traditions can live together and thrive together. There is simply no alternative.

We should exist neither in perpetual grievance nursed by the ­indigenous peoples and those, like the Greens, who recklessly exploit their grievances, nor in the complacency of those Europeans who still pretend there was no dark side to the civilisation we enjoy.

The issue is whether we have the maturity to hold together conflicting truths and sort things through, or whether we choose ideological indulgence and cynical zero-sum politics.

Australia Day needs to stand because the nation cannot run or hide from either the glory or ­tragedy in its duality. The answer to indigenous feelings about January 26 is to construct, not destroy — if there is sufficient agreement, then construct a new day of indigenous commemoration, suffering, survival and triumph. That will take time but over time it may emerge as one of the constructive solutions for Australia.

Declaring that January 26 must be shut down as a day of shame, genocide and mourning offers no solution to anyone. Telling the ­descendants of Arthur Phillip that the origin of the British civilisation and prosperous multicultural democracy they have built lacks sufficient legitimacy to be honoured as the national day is dishonest and destructive. How could it not be?

In this paper today, indigenous leader Noel Pearson says the blackfellas were here 65,000 years before whites arrived and it is vital we “recognise and honour this”. Pearson also says the whitefellas aren’t going away, they created something and it is also vital to “recognise and honour this”.

Tearing one truth down in the cause of another is the road to ruin for Australia. Both truths need to be confronted and engaged. “Trying to erase January 26 is denying the very history we want Australians to face up to,” Pearson says. “There is no other relevant time or date other than those 24-48 hours when ancient Australia passed into the new Australia.” It is this transition the nation must face.

The enemies of this obligation are thick on the ground as radicals and conservatives, often peddling phony mantras. The self-interested cynicism in the stand of Greens leader Richard Di Natale is gobsmacking. With his eye on stealing future votes in inner-city Melbourne, Di Natale announces changing Australia Day will be a priority for the Greens during the rest of the year since the day is about theft and genocide.

What will replace January 26? Why should Di Natale bother with such trifles when there are ideological axes to be swung and votes to be purchased through cultivating national self-abasement under the fraudulent cover of morality?

In response, Labor leader Bill Shorten was just pathetic: he won’t defend Australia Day, he won’t abandon Australia Day and he doesn’t like another day of ­Aboriginal commemoration. In the end he says the day itself is not what really counts. Yes, this is the alternative PM on our national day. Perhaps we should be grateful he didn’t line up with Di ­Natale’s view that the flag should be flown at half mast on the national day.

Malcolm Turnbull, unsurprisingly, said he’d like to hear Shorten speak “proudly and passionately” about Australia Day. But Shorten has a problem, given the embrace by much of the Labor rank and file of a progressive orthodoxy ­towards changing the national day anyway and at odds with majority public opinion.

Indigenous ALP frontbencher Linda Burney stepped into this confusion, criticising the Greens, saying Australia Day won’t be changing any time soon, but highlighting the difficulty it poses for Aborigines as a day of celebration. Aware that NSW ALP policy calls for consultation about a new and separate public holiday devoted to indigenous commemoration, Burney put this idea on the table. It is not ALP policy but Burney was being constructive and her proposal merits serious consideration.

Turnbull preaches an Australia Day that brings people together and celebrates our multicultural diversity. The government has properly removed the right of local councils to hold citizenship ceremonies if they refuse to recognise Australia Day and hold citizenship ceremonies on that day. But the ­reality cannot be avoided: division over Australia Day will mount in the future and this will require astute leadership and management.

For many Aborigines, January 26 will remain invasion day, and that is understandable. But any alternative national day that commemorates British settlement or the foundation of Australia has a similar problem. The logical ­alternative of January 1 — the ­inauguration of the Commonwealth of Australia — would honour an event that denied any role or existence for Aboriginals and assumed they were a dying race.

In truth there is no escape from the history — yet the historical story must be authentic, not convenient mythology. Australia was always destined to be settled by a European power. The force of the Enlightenment and the Industrial Revolution would never be denied from the great southern land. There are few inevitabilities in history and this was inevitable.

We are fortunate the European power was Britain, not France or Spain. This was an 18th-century blessing. We are fortunate the British came not just to establish a convict colony but to bring their values and institutional ethos.

Phillip had an 18th-century faith in improvement, a belief he was founding a new British society and serving the cause of humanity. With slavery still not abolished in the empire, Phillip declared from the inception of Australia that “there can be no slavery in a free land and consequently no slaves”.

The Aborigines he encountered were not a nation state. They were a collection of hundreds of tribes speaking different lan­guages, devoid of collective political purpose or leadership, often at war with each other and without the structures to allow sovereign negotiations or dealings.

To say the British should not have come is a ludicrous denial of reality and makes as much sense as saying the early explorers should not have advanced inland to ­discover the continent. To pretend the Aborigines could or should have retained their possession of the continent forever is delusional and is a device to avoid historical reality.

The encounter between the British and the Aborigines was without precedent in human history. The idea that good intentions were enough for success is absurd. Historian Geoffrey Blainey says in first volume of his The Story of Australia’s People: “The racial conflict in Australia — nearly all would agree today — should have been handled more wisely and firmly but the British leaders lacked the political and cultural experience needed to handle a ­dilemma that was exceptional in world history. Furthermore, London at one end of the globe and Sydney and Hobart at the other end viewed the dilemma and their duties and powers, differently.”

The idea that the British ­arrivals should have negotiated a treaty is nonsense. With whom and on what basis? There is no ­answer. During the 70 years after settlement many thousands of ­Aborigines were killed by Europeans — though far more died from diseases — creating a moral legacy the nation cannot deny and must confront.

Efforts to do this have been substantial while incomplete. Witness the Reconciliation process, the Mabo case and granting of native title rights, huge though flawed public funding, and the continuing process of constitutional ­recognition.

The first Australians lost much from the events of 1788 yet they also gained much, eventually — proving that indigenous peoples could live and thrive in a modern urban society. Aborigines are poised to become more prominent in every facet of Australian life.

The related truth, however, is that as a nation we cannot pretend there is full atonement for the ­dispossession. We cannot say: “Sorry, let’s leave.” We could not do this in 1808, let alone 1901, let alone 2018. There can be no full rendering of justice, no full recompense after dispossession. History cannot be reversed.

We must honour and reflect on the history, restore Aboriginal rights, and strive for justice as much as practicable. But it cannot serve indigenous Australians to engage in perpetual grievance, to magnify the sins of the past in an endless demand for atonement and more atonement still, part of a futile quest to deny any legitimacy to January 26. That is the road to a self-defeating misery.

The bulk of the Australian population, including the millions of post-World War II immigrants and their descendants, will neither accept nor tolerate the idea that the British founding of this country was a shameful and illegitimate event. When the Greens and other progressives promote this sentiment — exploiting indigenous ­resentment for their own ideo­logical and electoral gains — there is no upside for our polity, just ­counterproductive bitterness with the risk of violence.

Where is the legitimacy in January 26? It lies in the society that evolved and continues to evolve, a nation that, for all its faults, is democratic, egalitarian, tolerant and, in per capita terms, has opened its door to immigrants on a more sustained basis than ­virtually any other developed country. This constitutes a powerful legitimacy.

It was Noel Pearson more than a decade ago, in a famous letter to John Howard, who offered the most honest and enduring framework for presenting and understanding contemporary Australia. For Pearson, the nation embodies three traditions: the indigenous peoples, the first Australians, who roamed this continent for 65,000 years, long before the ages of Babylon, Athens and Rome, finding a way to live and thrive in this environment; the British inheritance dating first from the voyages of James Cook and then from the ­initial colony under Phillip, followed eventually by Lachlan Macquarie and more settlements across the continent that led to a polity of British-derived laws, values and institutions that still operate today; and the immigrant tradition, the ethnic input from so many nations that broadened and deepened the culture and led to a multicultural nation, one of the most successful on earth.

These three traditions need formal embodiment. Pearson’s vision was adopted by Tony Abbott as PM. But it needs a more declaratory form authorised by the parliament or the people. This is a critical step in finding a national identity that is shared and inclusive and can win wide support ­because of its validity.

The issue of constitutional recognition of indigenous peoples needs to be reopened with a new process. This time there needs to be greater realism on all sides. The Turnbull cabinet rejected the final recommendation for an indigenous advisory body to be inserted into the Constitution because it believed such a referendum had no prospect of success. Those ­attacking this decision have singularly failed to offer any explanation or strategy of how such a referendum could be passed.

There have been some suggestions that the Australia Day issue can be postponed pending the ­inauguration of an Australian ­republic. That is a tempting but most unwise proposition. The ­republic will not provide the ­answer and, moreover, it is probably many years or decades away.

While the republic is a necessary step in Australia’s evolution, its cause is currently weak and devoid of energy. This is because of the ­destructive transformation in progressive politics to embrace change based on individual and group rights around sex, gender and race, a combination of tribal and narcissistic imperatives.

The republic has no voice or ­appeal in this world. It won’t change your personal life, it won’t relate to how you live, it won’t speak to your gender, sexual or ­racial identity. Paul Keating once lamented the republic had been consigned to an after-dinner conversation; these days it doesn’t even win that rating. When was the last dinner party you attended where the republic got anything more than the briefest mention?

Shorten pledges that in office he will launch a path to the republic. But that will prove immensely difficult in today’s Australia. The republic is now a token of progressive politics, nothing more. The emotions, energy and priorities of progressive politics lie ­elsewhere.

The nation must face the Australia Day issue and competing historical truths as a constitutional monarchy or not at all.