The keyboard discussion on the Voice..
I should be working but a good friend of mine from Melbourne is challenging my position on the Voice.. telling me it is in conflict with Articles 2 and 21 of the UN Charter....
I do appreciate him challenging me as it forces me to dig up the actual facts and data -- so I may as well share it with other 'doubting Thomases..'
Without giving away identities.. these are my replies and here are some further resources to help you with your thinking and decision making..
I just read Articles 2 and 21 -- there is no such conflict -- especially Article 21 which talks about the General Assembly -- Article 21
The General Assembly shall adopt its own rules
of procedure. It shall elect its President for each
session.
In talking of the UN -- I draw your attention to the UN Declaration on the rights of Indigenous Peoples (UNDRIP) -- 2007 -- finally endorsed by Australia which had previously abstained when under a Liberal Government.. The Declaration addresses both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them.
https://www.ohchr.org/.../un-declaration-rights....\
In particular I draw your attention to this UN Declaration -- https://www.ohchr.org/.../Declaration_indigenous_en.pdf --and in particular Article 18 --
This is what Former High Court Chief Justice Robert French said about the Voice to Parliament -- Low Risk - High Return (as reported in The Financial Review)
https://www.afr.com/.../voice-is-low-risk-but-high-return....
The Voice is a big idea but not a complicated one. It is low risk for a high return. The high return is found in the act of recognition, historical fairness and practical benefit to lawmakers, governments, the Australian people and Australia’s First peoples.
French goes on to say -- It rests on the historical status of Aboriginal and Torres Strait Islanders as Australia’s Indigenous people. It does not rest on race. It accords with the United Nations Declaration on the Rights of Indigenous Peoples, for which Australia voted in 2009. It is consistent with the convention against the elimination of all forms of racial discrimination. Suggestions that it would contravene that convention are wrong.
Robert French AC was chief justice of Australia from 2008-2017. Geoffrey Lindell is Emeritus Professor of Law at the University of Adelaide.
PS: French also made the point that there were loud voices against a referendum for the creation of a Federation of Australia way back in 1898 and 1900 too
PPS: my friend said ATSIC was a disaster and both sides of Parliament said to get rid of it -- here is an analysis from a Professor of Law and Indigenous Studies - https://library.bsl.org.au/.../1/200511_behrendt_atsic.pdf
ATSIC’s ability to exercise its functions and meet its aims was impeded by some inherent
structural problems. One of the key problems was its lack of executive authority. Under
its enabling legislation, ATSIC was given the function to monitor the effectiveness of
other agencies, to coordinate the development and implementation of policies and to
formulate and implement program proposals. To fulfil this responsibility ATSIC needed
the active cooperation and involvement of Commonwealth agencies and State and
Territory governments. This in turn required an interface backed by executive authority
from the Department of Prime Minister and Cabinet. This authority was never given to
ATSIC and the activities of Prime Minister and Cabinet were often to the contrary to
ATSIC’s stated policies and intentions.
I am glad my friends challenges made me look deeper..
Only to further my resolve that people far smarter and more experienced that I say The Voice to Parliament is a great, historical, empowering move for our First Nations people who need a seat at the table so their voice can be heard on decisions that impact them.