Indigenous groups want more from truth-telling inquiry

Ethan JamesAAP
Camera IconKimberley Land Council CEO Tyronne Garstone says truth-telling must be paired with agreement-making. (Mick Tsikas/AAP PHOTOS) Credit: AAP

A proposed national truth-telling commission to examine injustices faced by Indigenous people has been described by some groups as inappropriate.

Several WA organisations will give evidence on Tuesday at a parliamentary inquiry into a truth and justice commission bill.

The legislation put forward by the Greens would set up a commission to examine historical and ongoing injustices against Indigenous people and make recommendations to Canberra.

Kimberley Land Council CEO Tyronne Garstone said it was a strong advocate for truth-telling and supported an oversight body, but did not back the bill in its current form.

"Primarily because it does not structurally join truth-telling with an agreement-making mechanism," he said in a submission to the inquiry.

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"Shining light on the injustices experienced by Aboriginal and Torres Strait Islander people is crucial for healing and understanding.

"But (this) must be combined with an agreement-making process to ensure substantive justice can be achieved."

The land council said the bill hadn't been written with comprehensive co-design by Indigenous people.

"The proposed ... commission is a formal western legal structure that may in many ways be inappropriate for a truth-telling process," Mr Garstone said.

"The bill provides no direction on how the formality of the commission's inquiry may be adapted to ensure it is run in a culturally safe and trauma-informed way."

Mr Garstone also questioned how a commission would interact with state treaty and truth-telling processes under way in Victoria and Queensland.

The federal government backs the principle of truth-telling but the prime minister has distanced himself from setting up a formal commission.

The inquiry, holding its second public hearing in Perth, is expected to prepare a report by February 11.

The Martuwarra Fitzroy River Council strongly supports a national commission, but has put forward "substantial" changes to the legislation.

Chair Anne Poelina said the commission should be established from a bottom-up representative process and not top-down or informed by political decisions.

The river council raised concerns about the proposed method of establishing the commission via appointments from joint ministers.

"(Given) the highly sensitive and culturally specific nature of a truth-telling process for First Nations peoples ... it is inappropriate for members to be selected by politicians," Dr Poelina said.

"Politicians come and go through the electoral cycle and the life of a government.

"It is essential that a truth and justice commission be a self-determining, Indigenous body, established and operated by our people."

Reconciliation WA said setting up a commission would help forge a pathway forward, noting truth-telling at state level had played a crucial role in recognising historical injustices.

Australia was at a critical point after the defeat of the October 2023 voice to parliament referendum, the organisation said.

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