Saturday, December 25, 2010

Why we need constitutional change - documents

Why we need constitutional change


Our Constitution does not recognise the First Australians. In fact it enables governments to discriminate against under the 'race power.' The referendum of 1967, while it resulted in indigenous people being counted in the census and gave the Commonwealth the power to legislate on indigenous matters, did not give us recognition or equality. Even though the Racial Discrimination Act foribids racism, governments continue to discriminate. Could constitutional amendment stop discrimination against us? Many years ago, I became interested in the Makarrarta campaign that the Aboriginal Treaty Committee and the National Aboriginal Congress pursued. The problem was then, as it is now, that indigenous Australians have no status in the nation other than as ordinary citizens, which clearly we are not: we are the inheritors of ancient Australian traditions, including polities, or tribes, or clans. These long predate the Annexation of Australia and the Australian Constitution. Various statutes define our status in very limited ways, although some give quite important rights, but always at the pleasure of the Crown of the day. The following documents are a potted history of my own interests in constitutional issues and the way that indigenous Australians have argued for a better deal from the nation state that was built on our land:


There's more to come.



2 comments:

  1. Hi all,
    This is what Fahcia have posted:

    http://www.fahcsia.gov.au/sa/indigenous/progserv/engagement/Pages/constitutional_recognition.aspx

    ______________________________________________

    Constitutional recognition of Indigenous Australians

    The Australian Government will establish an expert panel to lead broad consultations throughout 2011, culminating in a report and recommendations to Government in December 2011.

    More information is provided in these fact sheets:

    •Constitutional recognition of Indigenous Australians
    •The path to a referendum
    •Constitutional change in Australia
    •Strengthening relations between Indigenous and non-Indigenous Australians
    •Expert panel Terms of Reference
    •Membership of the Expert Panel

    ReplyDelete
  2. Also: Interesting to note that the Final Report Of The Constitutional Commission of "1988 "draft preamble proclaimed:

    "Whereas the people are drawn from a rich diversity of cultures yet are one in their devotion to the Australian tradition of equality, the freedom of the person and the dignity of the individual; whereas Australia is an ancient land previously owned and occupied by Aboriginal peoples who never ceded ownership; whereas the Australian people look to share fairly in the plenty of our Commonweath; whereas Australia is a continent of immense extent and unique in the world demanding as our homeland our respect, devotion and wise management . . ."

    Commonweath refers to the Australian federation, of course, not the British Commonweath of Nations.

    ReplyDelete

Marcia Langton on why we need constitutional change




Our Constitution does not recognise the First Australians. In fact it enables governments to discriminate against under the 'race power.' The referendum of 1967, while it resulted in indigenous people being counted in the census and gave the Commonwealth the power to legislate on indigenous matters, did not give us recognition or equality. Even though the Racial Discrimination Act foribids racism, governments continue to discriminate. Could constitutional amendment stop discrimination against us? Many years ago, I became interested in the Makarrarta campaign that the Aboriginal Treaty Committee and the National Aboriginal Congress pursued. The problem was then, as it is now, that indigenous Australians have no status in the nation other than as ordinary citizens, which clearly we are not: we are the inheritors of ancient Australian traditions, including polities, or tribes, or clans. These long predate the Annexation of Australia and the Australian Constitution. Various statutes define our status in very limited ways, although some give quite important rights, but always at the pleasure of the Crown of the day. The following documents are a potted history of my own interests in constitutional issues and the way that indigenous Australians have argued for a better deal from the nation state that was built on our land:




There's more to come.