Tony Abbott is surely a fool.

People in Australia and around the world have read of the extraordinary events that occurred in Canberra on Australia Day (26 January for international visitors).  The headlines paint a pretty scary picture.

There’s also been a great deal of commentary about it already (and you can expect to read more in the coming days or until the media find something new to obsess about). There are some that I agree with and even more that I disagree with. For starters I can’t agree with the statements of ‘violence’ or ‘riots’ because the people I know that were participating in the protest said it was peaceful. I have no reason not to trust them; they are themselves non-violent people.

I won’t go into the condemnation of condemnations but I think it is disappointing that one of the most senior politicians in the country would have the insensitivity of telling Indigenous Australians that a lot has changed since the tent embassy was first established in 1972, and that people should move on. It would also suggest that Mr Abbott is not as in touch with the issues and challenges of concern for Indigenous Australians as he’d like us to believe.

For me the most disappointing thing is some of the utter rubbish passed off as commentary. It’s not particularly surprising to read  from commentators that the protestors misunderstood Mr Abbott and overreacted, and that this somehow had put a dark cloud over the day’s celebrations. It’s a pity that these so-called commentators didn’t bother to think about the nature and context of Mr Abbott’s comments.

Unfortunately for these commentators they’ve ignored the very essence of Mr Abbott’s comments – that things have changed and people should move on.

That somehow a national apology makes up for 200+ years of dislocation, displacement and despair is ludicrous and shows Mr Abbott to be insensitive. That somehow the massive gap in health and education is a sign of how much things have changed for the better shows how dangerously out-of-touch Mr Abbott (including the commentators and mainstream media) is with the issues and concerns of Indigenous Australians.

It’s also pretty disappointing that Mr Abbott made such comments with the You Me Unity report released last week recommending that Indigenous Australia finally be recognised in the constitution, including the removal of sections that sanctify racially discriminatory laws. Though who is entirely surprised he made insensitive comments given his comments about the recommendations contained within the You Me Unity report. When commenting on the report he was quick to add that he didn’t support removing the racially discriminatory sections. He argued amazingly that somehow those sections were essential to the capacity of the government to govern; that somehow removing those sections weakens our democracy.

For someone who claims he cares for helping Indigenous Australians attain their goals and aspirations, his comments on Australia Day and those following the release of the You Me Unity recommendations, reveal the opposite. Indigenous Australians have every right to be mad as hell with the comments made by Tony Abbott. And they have every right to protest his comments and positions.

Ultimately the scenes created by the hysteria of law enforcement agencies could have been avoided if Mr Abbott had bothered to excuse himself from the event he was at and speak with the protesters. I’m sure if he had bothered to be the man of his convictions like we’re told he is, he would’ve had no problems discussing his comments with the protesters. He was certainly given a perfect opportunity to correct false impressions, speak with people about his comments, and to calm the situation; to prove himself a leader but failed.

Ultimately, Mr Abbott’s comments reveal he isn’t interested in having a national conversation about a day many in the community view as the day they were invaded.

The renewed debate raging about cyclists versus motorists, sparked by an incident involving Shane Warne, fails to consider the pedestrian.

The poor pedestrian is road kill in-waiting the way many motorists and cyclists use the roads and ignore the road rules pertaining to pedestrians.

One of the biggest problems motorists and cyclists have is with pedestrian crossings. It seems that neither of these road users is capable of giving way to pedestrians. These road users ignore traffic lights putting pedestrians’ lives at risk. There have been many times I’ve had to jump back from crossing (with a green walk sign) because a motorist or cyclist has decided to ignore the amber or red traffic lights.

However there is one thing that cyclists do, that motorists can’t (well not voluntarily) and that is to use footpaths. There are a couple of elements to the footpath menace that cyclists pose.

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Not long now until the annual celebration of Australia as a nation state. It’s also not long before we have to endure the throngs of people covered in nationalistic symbolism, something that I thoroughly detest. For some though Australia Day represents invasion, destruction, displacement and surviving-against-the-odds, power, family and culture.

However, I won’t be discussing that issue in this post. This post will be different.

This Australia Day can be different.

It can be different in many ways, especially with the release of the You Me Unity report recognising First Australians in the constitution. The first most important way that this year’s Australia Day can be different is accepting the basis and premise of the report released by the You Me Unity panel. In accepting this important landmark report (though did we really need a report to tell us that we should recognise First Australians in the constitution?) we can begin to truly celebrate Australia Day as a day for everyone.

Australia Day 2012 can be different by re-starting a very important conversation across Australia about self-determination and recognition of First Australians, not just in the constitution but in the law. This is an important conversation that has regularly been side-tracked. Regularly, First Australians tell us the most important way for white Australia to help is to shut up and listen. We can do that and we can talk openly about an Australia we want that is for everyone.

I’m pretty certain that First Australians are more than happy to have such open conversations. But it begins with us listening first, talking second.

Unfortunately it didn’t take long for the nay-sayers to pop-up to commit to recognising Australia’s original inhabitants pre-invasion in the constitution, preferably the preamble, but nothing else; the ‘yeah-but-nah’ crowd as I like to call them. There seems to be a unison of calls to ignore the apparently more ‘radical’ elements of the You Me Unity panel’s recommendations [PDF]; most notably Recommendation 1, 2 and 4. These recommendations would remove Section 25 [allows for any race to be excluded from having their votes counted (from a State(s)) in federal elections if they're excluded in a State(s)]; remove Section 51 (xxvi) [it allows the Commonwealth of Australia to make laws that are racially discriminatory] and insert a new Section 116A [would deny the Commonwealth of Australia powers to make racially discriminatory laws].

Apparently it’s a problem for the ‘yeah-but-nah’ crowd to see an end to such elements enshrined in our constitution. Frankly it’s embarrassing.

Of course the yeah-but-nah crowd quote concerns about the legal situation and the possible destabilising affect on current programs. Of course they quote concerns about potential for legal claims for damages and compensation. All of which are bunk and needlessly distract the conversation.

Hence this Australia Day can be different by finally advocating for an end to the constitutionally enshrined discriminatory laws that have been imposed on First Australians.

Let us have a different Australia Day in 2012. This year lets recognise First Australians and accept the You Me Unity report.

Help support the national conversation about updating our constitution to recognise Aboriginal and Torres Strait Islander peoples and culture for the benefit of all Australians. Join You Me Unity today. Or sign up at Facebook.

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