Call for Constitutional change, to end Australia’s discrimination against Aborigines
The council recommended “the removal of those remaining sections of the Constitution which discriminate on the basis of race”; a preamble recognising Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, as well as their prior occupation and ownership; and the repeal of “the anachronistic race power” contained in section 51 (xxvi), which allows laws to be made that benefit or discriminate against Aborigines.
Australia was one of the only modern democracies that did not guarantee racial equality in its Constitution and it would be an “unfortunate irony” if Australians voted to recognise Aborigines, but the capacity for discrimination remained within the Constitution.
Lawyers backed new race power BY: STUART RINTOUL The Australian January 6 A PANEL that recommended constitutional reform to recognise and protect Aboriginal people and culture had the strong backing of the Law Council of Australia. A submission by the council recommended the key changes to the Constitution ultimately adopted by the panel in its report, which will be handed to Julia Gillard this month.
The legal profession’s peak body said a minimalist approach confined to recognising Aboriginal people in the preamble to the Constitution “would be of little if any practical effect”. It supported “an approach to constitutional recognition which goes beyond the preamble to the Imperial Act and secures enforceable rights”.
In a speech supporting substantive reform, the council’s then
president Alex Ward said: “Decades of entrenched discrimination and
grave mistreatment or neglect of Aborigines and Torres Strait
Islanders have created a legacy of disadvantage, which we as a nation
need to rectify.”
The council recommended “the removal of those remaining sections of
the Constitution which discriminate on the basis of race”; a preamble
recognising Aboriginal and Torres Strait Islander peoples as the first
peoples of Australia, as well as their prior occupation and ownership;
and the repeal of “the anachronistic race power” contained in section
51 (xxvi), which allows laws to be made that benefit or discriminate
against Aborigines.
It suggested a new head of power obliging governments to make laws
“beneficial” to Aborigines (the panel opted for the word
“advancement”) and recommended “a general guarantee of racial equality
and racial non-discrimination”, which would secure land rights, native
title rights and heritage protection rights.
The council acknowledged that making laws “beneficial” to Aborigines
would raise questions about the scope of a government’s legislative
power, but said this was a “necessary consequence” of voting for the
“judicial protection of the rights and interests of Aboriginal and
Torres Strait Islander peoples”.
It recommended a new provision, similar to section 37 of the Canadian
constitution, providing a commitment to constitutional conferences or
other processes to discuss indigenous rights, which could vest in the
commonwealth powers to make agreements on potentially controversial
subjects such as guaranteed seats in parliament, recognition of
customary law or sovereignty.
In making its recommendations, the council took account of reports
over the past 20 years recommending constitutional reform by ATSIC,
the Council for Aboriginal Reconciliation and the Aboriginal and
Social Justice Commissioner……
He said most Australians would be unaware section 25 was designed to
deny Aboriginal and Torres Strait Islander people the vote and would
be surprised that there was no safeguard against racial
discrimination.
Mr Ward said Australia was one of the only modern democracies that did
not guarantee racial equality in its Constitution and it would be an
“unfortunate irony” if Australians voted to recognise Aborigines, but
the capacity for discrimination remained within the Constitution.
http://www.theaustralian.com.au/national-affairs/indigenous/lawyers-backed-new-race-power/story-fn9hm1pm-1226235947046
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I hear alot of people saying just have a law for Australians with no mention of different races, that would be an effective way of not addressing the imbalance the current constitution has promoted, the balance of Aboriginal disadvantage is well and truly tipped to one side, we must address the imbalance before making it for one Australian people because that isnt reflective of the reality of Australians culture, if we dont provide specific protections to Aboriginals we will never address the imbalance, it would help to cement the disadvantage, the cry of one Australia moving forward together is a thinly veiled attempt at keeping the racist elements of Australian society alive and well, why bother if your going to ignore what Aboriginals really want and need, Aboriginals will not have anything to do with it if its lip service, that would again highlight just how racist Australia is to the world, white Australia need to work out if they have grown enough or are still trying to stop the evolution process, the world is watching and Aboriginals wont accept worthless preamble only, must contain real protections or it will look funny with only whites involved
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