Eleanor Finch
The recognition of Indigenous people in the Constitution is an important contemporary issue in countries such as Australia and Canada. In Australia, the Constitution, established in 1901, included sections that referred to Aboriginal and Torres Strait Islander peoples, but these amendments were removed in 1967, and no new wording was introduced to recognize these groups. In 2023, a referendum was held to recognize the First Peoples of Australia in the Constitution, but it failed to gain public support. In Canada, the Government has committed to achieving reconciliation with Indigenous peoples through a renewed relationship based on recognition of rights, respect, and cooperation. Section 35 of the Constitution Act, 1982, recognizes Indigenous self-government and existing Aboriginal and treaty rights. Both countries have engaged in discussions and workshops to address constitutional recognition and reconciliation with Indigenous peoples, highlighting the importance of this issue in contemporary society.
| Characteristics | Values |
|---|---|
| Recognition of Indigenous Australians in the Australian Constitution | Symbolically recognises the special place of Indigenous Australians as the first peoples of Australia |
| Prohibitions on racial discrimination | --- |
| Protection of Indigenous languages | --- |
| Addition of new institutions | --- |
| Recognition of prior ownership of the land | Treaties are "a contract between two sovereign parties" |
| Recognition of sovereignty of the original owners | --- |
| Recognition of Indigenous self-government and laws | Critical to a country's future |
| Recognition of inherent rights of Indigenous peoples | Reflects UN Declaration's call to respect and promote the inherent rights of Indigenous peoples |
| Recognition of Indigenous connection to their lands | Constitutionally protected interest |
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What You'll Learn
The need for a treaty
In Australia, the call for a treaty is exemplified in the Uluru Statement from the Heart, which was released by Indigenous leaders in 2017. This statement proposed constitutional reform on three key points: voice, truth, and treaty. It advocated for an Indigenous Voice to Parliament, recognising First Nations sovereignty, and addressing their current powerlessness. Despite this, when the proposal was put to a national referendum in 2023, it was heavily defeated.
The push for a treaty is not unique to Australia. In Canada, the Government recognises Indigenous self-government and laws as critical to the country's future. Section 35 of the Constitution Act, 1982, affirms the reconciliation of the prior existence of Indigenous peoples with Crown sovereignty and the fulfilment of historic treaty relationships. This reflects the UN Declaration's call to respect and promote the inherent rights of Indigenous peoples, including their rights to lands, territories, and resources.
The Australian Human Rights Commission supports the recognition of Aboriginal and Torres Strait Islander peoples in a preamble to the Constitution. As of 2020, several Indigenous treaties were underway at the state level in Australia, and in March 2023, the South Australian Parliament established a First Nations Voice.
The recognition of Indigenous peoples in a country's constitution is a complex and ongoing process that requires meaningful consultation and collaboration with Indigenous communities. It is essential to address historical injustices and move towards a more inclusive and just future.
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Recognition of sovereignty
Recognition of Indigenous sovereignty is a key aspect of the contemporary issue of constitutional recognition. This recognition involves acknowledging the prior ownership and presence of Indigenous peoples in Australia and Canada, as well as their inherent rights and unique connection to their lands. In Australia, the call for a treaty is linked to the constitutional recognition of Indigenous sovereignty, as a treaty is "a contract between two sovereign parties".
The Uluru Statement from the Heart, released by Indigenous leaders in 2017, proposed constitutional reform on three points: voice, truth, and treaty. It recommended deliberate structural reform to recognise First Nations sovereignty and address their powerlessness. This statement was the culmination of a national Indigenous public consultation process, demonstrating the importance of Indigenous voices in shaping the recognition of their sovereignty.
In Canada, the Government recognises Indigenous self-government and laws as critical to the country's future. Section 35 of the Constitution Act, 1982, acknowledges the unique constitutional relationship between Indigenous peoples and the Crown, including existing Aboriginal and treaty rights. This recognition forms the basis for reconciliation, aiming for a fair and just relationship between Indigenous peoples and the Crown.
The process of recognising Indigenous sovereignty requires meaningful engagement and collaboration between governments and Indigenous peoples. It involves addressing historical injustices, respecting Indigenous perspectives and rights, and working towards transformative change. This includes symbolic recognition of the special place of Indigenous peoples as the first peoples of their respective countries, as well as substantive changes such as prohibitions on racial discrimination and the protection of languages.
While there have been efforts to bring about constitutional recognition, such as the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 in Australia, the specific issue of recognising Indigenous sovereignty remains a topic of debate. Finding mutually pressing reasons related to security or economic issues is essential to achieving a national agreement on this matter.
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Symbolic recognition
One key aspect of symbolic recognition is the acknowledgement of Indigenous sovereignty and prior ownership of the land. The call for a treaty is deeply intertwined with this concept, as a treaty signifies "a contract between two sovereign parties." By recognising Indigenous sovereignty, Australia would be taking a significant step towards reconciliation and addressing the powerlessness that Indigenous peoples currently experience.
The Uluru Statement from the Heart, released by Indigenous leaders in 2017, is a powerful example of the desire for symbolic recognition. The statement proposed constitutional reform on three fronts: voice, truth, and treaty. It advocated for an Indigenous Voice to be included in Parliament, recognising the right of Indigenous peoples to be heard and included in the country's decision-making processes. This proposal was, unfortunately, heavily defeated in a national referendum in 2023.
Additionally, symbolic recognition aims to address issues such as racial discrimination and the protection of Indigenous languages. By including prohibitions on racial discrimination in the Constitution, Australia would be taking a stand against racism and affirming the equal value and dignity of Indigenous peoples. Similarly, protecting Indigenous languages is crucial to preserving the unique cultural heritage and knowledge systems of Indigenous communities.
The push for constitutional recognition in Australia has been a long-standing effort, with the Federal Council for Aboriginal Advancement campaigning for constitutional change since its formation in Adelaide in February 1958. While there have been some significant milestones, such as the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013, the journey towards constitutional recognition remains ongoing. Symbolic recognition is an essential component of this process, as it provides a foundation for transformative change and a more inclusive future for Indigenous Australians.
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Substantial changes
The issue of constitutional recognition of Indigenous Australians refers to various proposals for changes to the Australian Constitution to recognise Indigenous Australians in the document. While there has been some progress, the question of how to bring about this constitutional change remains a topic of debate among Indigenous leaders.
In 2017, the Uluru Statement from the Heart was released by Indigenous leaders, proposing constitutional reform on three points: voice, truth, and treaty. It called for the establishment of an Indigenous Voice to Parliament as their preferred form of recognition. However, when submitted to a national referendum in 2023, the proposal was heavily defeated.
The Uluru Statement from the Heart proposed substantial changes, including prohibitions on racial discrimination, the protection of Indigenous languages, and the addition of new institutions. These changes aim to address issues of racism, land, sovereignty, and pride.
One of the key substantial changes sought by Indigenous Australians is the recognition of prior ownership of the land and sovereignty. A treaty is "a contract between two sovereign parties", and the call for a treaty is related to the constitutional recognition of Indigenous Australians' prior ownership of the land. This recognition reinforces the symbolic acknowledgment of the sovereignty of the original owners.
Another substantial change that has been proposed is the protection of Indigenous languages. This proposal recognises the unique connection that Indigenous peoples have with their languages and the need to preserve and promote them.
Furthermore, the addition of new institutions that specifically cater to the needs of Indigenous Australians is another substantial change that has been proposed. These institutions would aim to address issues related to policy areas such as education, health, community services, arts, events, and language.
These substantial changes are essential to addressing the contemporary issues faced by Indigenous Australians and ensuring that they are recognised and respected in the Australian Constitution.
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Indigenous Voice to Parliament
The question of how to bring about constitutional change to recognise Indigenous Australians is a topic of ongoing debate. In 2017, the Uluru Statement from the Heart was released, calling for an Indigenous Voice to Parliament as the preferred form of recognition. This statement was the culmination of a national Indigenous public consultation process at the First Nations National Constitutional Convention held at Uluru. It proposed constitutional reform on three points: voice, truth, and treaty.
The Uluru Statement recommended deliberate structural reform, setting out three steps to achieve this, in a way that recognises First Nations sovereignty and overcomes their current powerlessness. The statement called for the establishment of a 'First Nations Voice', enshrined in the Constitution, to advise the Australian Parliament on matters relating to Indigenous peoples. This proposal was heavily defeated when put to a national referendum in 2023.
The push for an Indigenous Voice to Parliament recognises the unique connection Indigenous peoples have to their lands and seeks to protect their inherent rights. This includes political, economic, and social rights, as well as those relating to their cultures, spiritual traditions, histories, laws, and philosophies. An Indigenous Voice to Parliament would provide a mechanism for Indigenous peoples to have a direct say in matters that affect them and ensure their perspectives and rights are respected and upheld.
The Australian Human Rights Commission supports the recognition of Aboriginal and Torres Strait Islander peoples in a preamble to the Constitution. This recognition is seen as a symbolic affirmation of Indigenous sovereignty and prior ownership of the land. It is also about respecting and promoting the rights that derive from their unique connection to the land, including self-government and decision-making powers.
The call for an Indigenous Voice to Parliament is part of a broader movement towards reconciliation and transformative change in the relationship between Indigenous peoples and the state. This requires a shift in perspectives and actions, as well as a commitment to collaboration, partnership, and honouring the inherent rights of Indigenous peoples. While there have been setbacks, such as the defeat of the proposal in the 2023 referendum, the ongoing dialogue and advocacy for constitutional recognition reflect a desire for meaningful change and a more inclusive future.
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Frequently asked questions
Constitutional recognition is important for Indigenous people as it acknowledges their existence, inherent rights, and unique connection to their lands. It also provides a platform for self-government and the preservation of their cultures, traditions, and laws.
Constitutional recognition aims to address issues such as racism, land rights, sovereignty, and representation in government. It also seeks to promote education, health, community services, and cultural events.
Constitutional recognition is a crucial step towards reconciliation by acknowledging the prior existence and rights of Indigenous peoples alongside Crown sovereignty. This involves upholding the honour of the Crown and acting with integrity and fairness in all dealings with Indigenous communities.
Australia and Canada are two countries where constitutional recognition of Indigenous peoples is a contemporary issue. In Australia, a referendum was held in October 2023 to recognise the First Peoples of Australia in the Constitution, but it failed to gain public support. In Canada, the Government has committed to reconciliation with Indigenous peoples, recognising their self-government and laws as critical to the country's future.
