Constitutional Change: Indigenous Australians In 1967

On 27 May 1967, Australians voted to change their constitution in relation to Aboriginal and Torres Strait Islander peoples. The referendum, which was called by the Holt government, sought to change two sections of the constitution. The first change was to amend Section 51 (xxvi) to remove the phrase 'other than the Aboriginal race in any state'. The second change was to remove Section 127 entirely. This section had excluded Aboriginal people from being counted in the census, and allowed states to create their own policies for Aboriginal and Torres Strait Islander peoples. The referendum was preceded by years of activism and lobbying by Indigenous and non-Indigenous groups, and it passed with 90.77% of the vote, making it one of the most successful national campaigns in Australia's history.

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The 1967 referendum allowed Indigenous Australians to be counted as part of the population

The 1967 referendum in Australia was a landmark moment for Indigenous Australians, allowing them to be counted as part of the population and ending their exclusion from the census.

The referendum, held on 27 May 1967, sought to change two sections of the Constitution that related to Indigenous Australians, specifically Aboriginal and Torres Strait Islander peoples. The first was Section 51 (xxvi), which gave the Commonwealth the power to make laws regarding 'people of any race, other than the Aboriginal race in any state'. The second was Section 127, which excluded Indigenous Australians from being counted in the official population for constitutional purposes.

The referendum question was whether to give the Commonwealth Parliament the power to make laws for Indigenous Australians and include them in population counts. The result was a resounding 'yes', with 90.77% of voters endorsing the changes, and every state having a majority 'yes' vote. This was a significant victory for Indigenous Australians, signalling a change in the mindset of the majority and a willingness to fight for change.

It is important to note that the referendum did not give Indigenous Australians the right to vote in federal elections. This right was granted earlier, in 1962, by Commonwealth legislation, although compulsory voting for Indigenous Australians was not introduced until 1984. Additionally, the referendum did not introduce new wording that recognised Indigenous Australians as the First Peoples of Australia. This recognition came later, in the 1992 Mabo judgment by the High Court of Australia.

The 1967 referendum was the result of a long campaign led by Indigenous activists and their allies, who worked tirelessly to bring attention to the negative treatment and marginalisation of Indigenous Australians. It was a crucial step towards recognising Indigenous Australians as equal citizens and allowing the Commonwealth to make laws on their behalf.

The Commonwealth gained the power to make laws for Indigenous Australians

The Australian Constitution came into effect on 1 January 1901, establishing the Commonwealth of Australia. The Constitution contained only two references to Indigenous Australians, which effectively made them second-class citizens in their own country. Section 51 (xxvi) gave the Commonwealth the power to make laws with respect to "people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws". Section 127 excluded Indigenous Australians from being counted in the census, stating that "in reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted".

The 1967 referendum sought to change these two sections of the Constitution. On 27 May 1967, Australians voted to amend the Constitution so that Indigenous Australians would be counted as part of the population and the Commonwealth would be able to make laws for them. 90.77% of voters said 'yes' to the changes, with majority support in all six states. The amendment became law on 10 August 1967.

The 1967 referendum was the result of a long campaign led by Indigenous Australians and their allies. Calls for Aboriginal issues to be dealt with at the federal level began as early as 1910, and the overall plight of Aboriginal Australians became a fundamental political issue in the 1960s. The success of the referendum was due in large part to the work of activists, who convinced increasing numbers of Australians to support a constitutional amendment.

The race power gained in the 1967 referendum has been used in several other pieces of significant Federal legislation. For example, in the Tasmanian Dam Case, the High Court held that a law prohibiting anyone from damaging sites, relics, and artefacts of Aboriginal settlement in the Gordon River catchment applied to all people and constituted a special law. In the 1992 Mabo judgment, the High Court of Australia recognised the existence of Native Title in Australian Common Law, and the Keating Government enacted the Native Title Act 1993 using the race power.

The referendum did not grant Indigenous Australians the right to vote

The 1967 referendum in Australia was a landmark moment for Indigenous Australians, but it did not grant them the right to vote. The referendum concerned changes to two sections of the Australian Constitution relating to Aboriginal and Torres Strait Islander peoples.

The first change was to Section 51 (xxvi), which previously gave the Commonwealth the power to make laws with respect to "people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws". The 1967 referendum removed the phrase "other than the Aboriginal race in any State". This change allowed the Commonwealth to make laws for Indigenous Australians.

The second change was to Section 127, which previously provided that "in reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted". The 1967 referendum repealed this section entirely. This change meant that Indigenous Australians would be included in official population counts for constitutional purposes, such as calculating the number of seats to assign for each state and determining tax revenue.

It is a common misconception that the 1967 referendum granted Indigenous Australians the right to vote in federal elections. In reality, the right to vote had been granted earlier, in 1962, when the Commonwealth Electoral Act 1918 was amended to allow Indigenous people to enrol to vote in federal elections. However, unlike for other Australians, it was not compulsory for them to enrol. Full voting rights were not granted federally until Indigenous Australians were required to register on the electoral roll in 1984.

It is worth noting that Aboriginal people in Western Australia had been able to apply for state citizenship and gain the right to vote as early as 1944. However, this citizenship was conditional on adopting "the manner and habits of civilised life" and not associating with Aboriginal people other than close family members. This situation continued until 1971.

The 1967 referendum was significant because it altered the Australian Constitution to recognise Indigenous Australians as equal citizens and part of the national population. This was the result of a long campaign led by Indigenous activists, and it sent a powerful message of survival, power, and being heard. However, it is important to clarify that the referendum itself did not grant Indigenous Australians the right to vote.

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The referendum removed the states' power to create discriminatory laws against Indigenous Australians

The 1967 referendum in Australia was a landmark moment for Indigenous Australians, a symbol of their survival, power, and voice being heard. It was the result of a long campaign led by Aboriginal and Torres Strait Islander activists, bringing to light many strong Indigenous leaders and organisations. The referendum proposed changes to two sections of the Constitution that previously marginalised and excluded Indigenous Australians, effectively treating them as second-class citizens.

Section 51(xxvi) of the Constitution gave the Commonwealth the power to make laws regarding "people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws". This meant that the Australian government had no power to make laws specifically for Aboriginal people, and the states could create discriminatory policies and laws that dispossessed and oppressed Indigenous communities. The referendum sought to amend this section to remove the phrase "other than the Aboriginal race in any State", thereby granting the Commonwealth the power to make laws for Indigenous Australians.

Section 127 of the Constitution stated that "in reckoning the numbers of the people of the Commonwealth, or of a State...aboriginal natives shall not be counted". This exclusion from the census had far-reaching implications. Indigenous Australians were not included in the official population counts for constitutional purposes, meaning their population was not considered when determining the number of seats in parliament or tax revenue. This further disenfranchised Indigenous communities, as they were not counted when drawing boundaries for parliamentary seats. The referendum proposed to repeal Section 127 entirely, allowing Indigenous Australians to be recognised and counted as part of the national population.

The referendum questions were technically a vote on the Constitution Alteration (Aboriginals) 1967, which aimed to amend Section 51(xxvi) and repeal Section 127. On 27 May 1967, an overwhelming majority of Australians, 90.77%, voted 'Yes' to these changes, with every state having a majority 'Yes' vote. The amendment became law on 10 August 1967, marking a significant step towards recognising Indigenous Australians' rights and agency in the country's history.

However, it is important to clarify some misconceptions. The 1967 referendum did not grant Indigenous Australians the right to vote in federal elections. While it removed the states' power to create discriminatory laws, it did not introduce new wording that explicitly recognised Indigenous Australians in the Constitution or acknowledged them as the First Peoples of Australia. That recognition came later, in the 1992 Mabo judgment by the High Court of Australia, which overturned the notion of 'terra nullius' and recognised the past and continuing relationship of Indigenous Australians with the land.

The referendum was the result of a long campaign led by Indigenous Australians

The 1967 referendum was the result of a long campaign led by Indigenous Australians, who had been fighting for their rights since the beginning of colonisation in 1788. The referendum was a significant moment in the history of Indigenous Australians, who had been marginalised and excluded by the Australian Constitution, which came into effect in 1901.

The Constitution contained only two references to Indigenous Australians, both of which were discriminatory. Section 51 (xxvi) gave the Commonwealth the power to make laws regarding 'people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws'. This meant that the Australian government had no power to make laws that specifically applied to Aboriginal people. Section 127 excluded Aboriginal people from being counted in the census, stating that 'in reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, Aboriginal natives shall not be counted'. This had significant implications for Indigenous Australians, as it meant that they were not recognised as part of the Australian population, and the states could create their own policies for Aboriginal and Torres Strait Islander peoples.

The treatment of Indigenous Australians gained public awareness in 1956, when an inquiry into the welfare conditions of the Aboriginal people in the Laverton-Warburton region revealed deprivation, malnutrition and starvation of the local communities. A film highlighting these issues caused public outrage and protest. This led to the formation of the first national Indigenous pressure group, the Federal Council for Aboriginal Advancement (FCAA) in 1958, which became an important organisation in the campaign for the 1967 referendum.

In 1962, the Commonwealth Electoral Act 1918 was amended to give Indigenous people the right to enrol to vote in federal elections, although it was not compulsory for them to do so. This was followed by the Bark Petition in 1963, the Milirrpum v Nabalco Pty Ltd and Commonwealth of Australia (Gove Land Rights Case), and the Gurindji Strike, which highlighted the negative treatment of Indigenous workers in the Northern Territory.

The referendum in 1967 was called by the Holt government and sought to change two sections of the Constitution in relation to Aboriginal and Torres Strait Islander peoples. Voters were asked whether to give the Commonwealth Parliament the power to make laws for Indigenous Australians and whether Indigenous Australians should be included in official population counts for constitutional purposes. The referendum was passed with 90.77% of voters agreeing to the amendment, and it became law on 10 August 1967.

While the 1967 referendum was a significant step towards recognising the rights of Indigenous Australians, it did not introduce new wording that specifically recognised Aboriginal and Torres Strait Islander peoples in the Constitution. This issue was later put on the national political agenda in 2010 by then Labor Party leader Julia Gillard, although no referendum was held.

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