Report on the Australian Reconciliation Convention
Melbourne 26 - 28 May 1997

One of the greatest honours I experienced since taking office was participating in the Australian Reconciliation Convention in Melbourne. In fact, like almost all delegates, I would have to say that attending such a deeply moving and profound seminar will be categorised as one of the most notable events in a lifetime. For everyone, it was emotionally exhausting - with the emotional pendulum swinging from the euphoric peaks of shared brotherhood, sisterhood and mutual respect to the darkest troughs of shame, pain and sorrow.

At the end of the conference, there was a collective sense of sadness at the impending departure of old and newly forged friendships, but there was equally a desire to clasp and somehow bottle what we all experienced so we could take it home with us and set it free within our own little corner of the nation. So in part my writing this article is a fulfilment of my promise and commitment to promote, advertise, and do all I can to further the steps to reconciliation. My personal commitment was only strengthened through the Convention, and amidst the emotional waves, I think we all left stronger and rejuvenated in our determination to achieve true reconciliation.

It is a naive and superficial view to think that reconciliation involves one huge guilt trip being bestowed upon non-Indigenous Australians for the acts of past generations. Reconciliation is about us as a nation reaching the emotional maturity to acknowledge and express great sorrow for the unjust and inhumane treatment of our Indigenous Australians in the past. It is only through this realisation and acknowledgement that we can move forward in unison as a nation with one voice advocating diversity in the international arena.

It disturbs me that the value of an apology has been associated with a collective feeling of guilt. This fundamentally misses the true meaning of an apology. An apology is in fact a cleansing exercise, an opportunity for rebirth by expressing deep regret and sorrow. Guilt is an enduring emotion, and in fact is antithetical to an apology - guilt comes from a refusal to admit the error and face up to it. Only those who emphatically refuse to apologise will be plagued by feelings of guilt.

Before reconciliation can be achieved - before we can truly walk together, non-Indigenous Australians must have the honesty to admit and teach our children of the truth in our history, warts and all. The truth is that Indigenous Australians were the first owners of this country - the documents of settlement are testimony to the British sovereignty itself acknowledging this fact. The instructions from the Empire to the colonists was to `go inland' where the lands seemed to be uninhabited, after reports that the natives seemed to live along the coastal regions.

And Wik seemed such a certain solution when the historical data indicated that the colonies at the time only intended to grant leasehold "subject to the rights of natives" - indeed, this qualification was a standard term in the original pastoral leases and remains to this day a standard term in many other States. The practice to include it as a term was only stopped in Queensland leases sometime this century.

I am sorry that over time, pastoralists have been led to believe or assume that they are "getting as good as freehold title". The truth is that, in law, leasehold has never entailed the same equitable interest as freehold. I don't know who is at fault in this sad series of events. All I know as a lawyer is that a lease has never been the same as fee simple.

The antagonists of native title base their opposition on a `philosophical commitment' to defend proprietary rights. The problem is, by this very argument, they should equally and fiercely defend native title. Fundamentally, if we took the emotivism out of the debate, native title is simply and purely another type of property right that deserves equal defence in our legal system. The High Court did not invent the doctrine of native title - it did not come into being with Mabo but rather that doctrine, which was always there in our common law, was applied in Mabo. The Commonwealth Constitution expressly prohibits the national government from compulsorily taking away property rights without fair compensation. Reconciliation is about acknowledging co-existence instead of trying to fight it.

Why have I meandered off into native title territory? Because I believe it is the most fundamentally misunderstood topic among non-Indigenous Australians and this gross misunderstanding is causing serious interruptions to the process of reconciliation. It was uplifting to share, for a mere three days, the emotional highs and lows with people from a wide cross-section of the community who held similar views to mine. From people who hold the highest of offices in the nation, to spiritual leaders, to internationally recognised activists, to the elderly, the very young and what I hope will one day become the `mainstream'.

The inspirational address by Bishop Tutu will always be in the forefront of my mind - especially where he spoke sincerely about how South Africa had come to the realisation that the rainbow is to be treasured for the very reason that it is comprised of many colours and how he dearly hoped that Australia too would find its rainbow.

This metaphor was most eloquently continued by Dr Boraine who noted that the acronym for the Australian Reconciliation Convention is "ARC" and how he, too, hoped this ARC finds the rainbow signalling the end of the storm.

But most telling, I think, is the sheer integrity of the Indigenous leaders whose very presence command an aura of respect and the Indigenous peoples who can find it in their hearts to forgive. To witness the peace and tranquillity emanating from their leaders, rather than the anger and rage emanating from our political masters, made me truly humbled in their presence. More telling, it left me with thoughts of despair when I postulated `Would white Australia be so open to peaceful resolution and forgiveness if it had happen to it what our Indigenous Australians had suffered?' But there is hope - as Noel Pearson stated in his tribute to the negotiators on the other side of the table in the Cape York Agreement, "Blessed are the Peacemakers".

Karen Walters
Anti-Discrimination Commissioner

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