Recognising Aboriginal and Torres Strait Islander people in the

Australian Constitution

Race and the Constitution 1

• “… if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of people of the State or of the Commonwealth, persons of that race resident in that state shall not be counted.”

The Constitution of the Commonwealth of Australia, Section 25, Provision as to races disqualified from voting, p. 12.

Race and the Constitution 2

• “51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:-

(xxvi) The people of any race for whom it is deemed necessary to make special laws:”

The Constitution of the Commonwealth of Australia, Section 51. (xxvi), pp. 17-18.

The first chapter missing

• The Constitution reflects values and beliefs of 1901

• It was thought then that Aboriginal people were “a dying race.”

‘The Silence Separates Us’

What is the Constitution

• The Australian Constitution is the foundation of Australia’s legal and political system.

• It is our highest law - the set of rules by which Australia is governed.

The silence in our Constitution

• Was drafted and adopted over a century ago• Was developed by a narrow cross section of

society• No Aboriginal or Torres Strait Islander people

were involved in the drafting or the consultations that took place at the time

• Our Constitution reflected the dominant historical, economic, social and political aspirations of the day.

The silence in our Constitution

Campaign Background

The Expert Panel

Professor Patrick Dodson and Mark Leibler AC deliver the report to the former Prime Minister Julia Gillard

The Expert Panel Report 1. Recognise the prior occupation and continuing cultures, languages and

heritage of Aboriginal and Torres Strait Islander Peoples.

2. Acknowledge the continuing relationship of Aboriginal and Torres Strait Islander Peoples to these lands and waters.

3.Remove the ability of States and Territories to bar certain races from voting [section 25].

4.Remove the capacity of governments to make laws to the detriment of Aboriginal and Torres Strait Islander Peoples or the people of any race [section 51(xxvi)].

5.Insert a protection against discrimination on the basis of race, colour or ethnicity.

Changing the Constitution

• A Vote by the people – ‘A Referendum’• To be successful a referendum must receive a

double majority.• A double majority means a ‘yes’ vote by:1. The majority of Australian voters across all

States and Territories; and2. A majority of States

Characteristics of a successful referendum

• Multiparty support

• Popular Ownership

• Popular Awareness

The Referendum• Timing – most likely to succeed• Act of Recognition• Sunset Period • Recognise

Uniting in a profound way

A chance to unite

“Constitutional Recognition is a chance to unite Australians after living apart from one another for so many chapters” Michael Long

A Chance to Unite

“This is much more than a question of symbolism, this is a question of national wellbeing and national identity. It's about coming to terms with who we are as

a nation and deciding who we want to be in the future. ” NOEL PEARSON, Cape York Institute

“Constitutional recognition of the First Australians would be good not only for our own heads and hearts, but also for the nation’s soul.”

Yankunytjatjara woman DR LOWITJA O’DONOGHUE

http://www.youtube.com/watch?v=d6app6EEeg8

A Chance to Unite

“I'm a big supporter of this. It should be a unifying moment for Australia. It should be a

healing moment for Australia. And that's what I want to bring about. ”

A Chance to Unite

TONY ABBOTT, Prime Minister

A Chance to Unite

"We call Australia a place of fairness and equality. Yet our Constitution still proclaims a whole race may be banned by any state from voting. We need to remove it. And we need to acknowledge the people who lived in this land for 50,000 years before our federation was enacted."

A Chance to Unite

BILL SHORTEN – Opposition Leader

A Chance to Unite

“I think we have a duty to do the right thing. So I'm encouraging you, as a person you know is pretty conservative, to move yourself to the position where we move this nation forward

as one. ”

A Chance to Unite

BARNABY JOYCE, Deputy Leader of the Nationals

A Chance to Unite

“What a great thing for Australia it would be if, at last, we recognised Australia’s First Peoples in our Constitution - it's part of who we are as

a nation. ”

A Chance to Unite

CHRISTINE MILNE, Greens Leader

Spreading the Word