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Uluru Statement proves that ‘while the law can oppress, the law can also redeem’
Constitutional reform is a long game and engaging in deliberative dialogue processes – as well as utilising support from the legal profession – is the best way forward in achieving meaningful change for Indigenous peoples, argues Professor Megan Davis.
Jerome Doraisamy
At last week’s Annual Members Dinner for the Law Society of NSW, UNSW pro vice-chancellor and law professor Megan Davis reflected on The Uluru Statement from the Heart, noting that the “deliberative dialogue process” undertaken that led to the historic consensus calling for a Voice to Parliament had been “lauded around the world” as a best practice process for eliciting Indigenous views.
“The Uluru Statement is an offer of friendship and peace. Many of our old people are dying and they want some peace for their country,” she said.
“Despite all of Australia’s history, the Uluru dialogue participants acknowledged that while the law can oppress, the law can also redeem. And the Voice to Parliament is about fairness and using the highest Australian law to empower our people. To compel the government to listen.”
If the Uluru Statement from the Heart was a triumph of deliberative democracy, Professor Davis continued, then the aftermath showed the “limitations of Australian retail politics”.
“The aftermath of Uluru shows the exigency of the Voice. The unyielding belief of the political elite, black and white, that they alone know what is best for Aboriginal and Torres Strait Islander people is anti-democratic,” she mused.
“But we forge on. We, like many Australians, remain committed to a constitutional enshrined Voice which is the first tranche of the Uluru reforms.”
There is a significant role for lawyers to play in this fight, she added.
“The legal profession has been instrumental. The support of the legal profession is crucial because it is we who people look to for an explanation and advice particularly on referendums,” she posited.
“And lawyers do persuade. That’s why we banned lawyers from the deliberative discussions.
“Another reason why the legal profession plays a critical role here is that Indigenous peoples aren’t the best at crossing the divide from aspiration and advocacy to making change happen. For that we need coalitions. It’s why we issued the Uluru Statement from the Heart to the Australian people. We can’t do it ourselves.”
Dozens of legal organisations have also endorsed the Uluru Statement and pledge workplace support, Professor Davis noted, such as the Law Council of Australia, Australian Bar Association and numerous firms who have implemented Elevate Reconciliation Action Plans.
“A peoples’ movement is afoot, and we continue to push for this reform even as government may seek to wind it back,” she concluded.
“Constitutional reform is a long game.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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