Isabella Carter
The recognition of First Peoples in the Australian Constitution is important because it will rectify over 120 years of explicit exclusion of Aboriginal and Torres Strait Islander peoples in the country's founding legal document. The Australian Constitution was drafted at a time when Australia was considered unoccupied land before European settlement, and when Aboriginal and Torres Strait Islander peoples were considered a 'dying race' unworthy of citizenship or humanity. They were excluded from discussions about the creation of a new nation on their ancestral lands and waters. Constitutional recognition is an opportunity to acknowledge this history and come together for a more reconciled future.
| Characteristics | Values |
|---|---|
| Recognition of the First Peoples of Australia | The Aboriginal and Torres Strait Islander people are recognised as the First Peoples of Australia |
| Addressing historical injustices | The Australian Constitution was drafted when the land was considered unoccupied prior to colonisation, and the Aboriginal and Torres Strait Islander people were deemed a 'dying race'. |
| Representation in Parliament | The Voice to Parliament will allow the First Peoples to have a say in their own affairs. |
| Reconciliation | The recognition will allow Australians to acknowledge their history and come together for a reconciled future. |
| Trauma healing and support | Australians are responsible for recognising the impact of intergenerational trauma on Indigenous citizens and for supporting them in their healing process. |
| Respectful partnership | Governments, businesses, and non-profit organisations must work in close, respectful partnership with the First Peoples. |
| Treaty | Some Aboriginal people want a treaty instead of symbolic recognition. |
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What You'll Learn
To acknowledge the First Peoples' history and culture
The Australian Constitution, established in 1901, excluded Aboriginal and Torres Strait Islander peoples from discussions about the creation of a new nation situated on their ancestral lands and waters. The Constitution was drafted when Australia was considered a land that belonged to no one before European settlement, and when Aboriginal and Torres Strait Islander peoples were considered a 'dying race' unworthy of citizenship or humanity.
The Constitution included two parts that referred to Aboriginal and Torres Strait Islander peoples: Section 51 (xxvi) gave the Commonwealth 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'; and Section 127 stated 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'.
In 1967, the Constitution was altered through a referendum with 90.77% support to amend Section 51 (xxvi) to remove the phrase 'other than the aboriginal race in any State' and remove Section 127 entirely. These amendments allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population and for the Commonwealth government to make laws for them. However, this alteration did not recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
Constitutional recognition is important to acknowledge the First Peoples' history and culture. It is an opportunity to acknowledge the shared history of Australia and come together for a more reconciled future. Noel Pearson, an Aboriginal Australian lawyer and activist, said that "Australia doesn't make sense without recognition" and that until the First Peoples are recognised in the Constitution, "we are a nation missing its most vital heart".
Constitutional recognition of the First Peoples of Australia would also recognise the enduring spiritual, social, cultural, and economic importance of their traditional lands and waters. It would acknowledge the unique and lasting contributions that Aboriginal and Torres Strait Islander peoples have made and continue to make to Australia. Furthermore, it would be an act of recognition of the First Peoples in the manner that they have chosen.
In addition to acknowledging the history and contributions of the First Peoples, constitutional recognition is important to address the intergenerational trauma experienced by Indigenous communities. While Australians today are not responsible for past wrongs, it is important to recognise the impact of this trauma and support Indigenous communities in healing from it to ensure that it does not negatively affect future generations.
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To recognise the First Peoples' unique relationship with the land
The recognition of First Peoples' unique relationship with the land is an important aspect of constitutional recognition. This relationship was historically denied, with the original notion of 'terra nullius' (unoccupied land before colonisation) asserting that Australia belonged to no one prior to European settlement. The exclusion of Aboriginal and Torres Strait Islander peoples from discussions about the creation of a new nation on their ancestral lands further emphasised their lack of recognition and representation.
Constitutional recognition aims to rectify this by acknowledging the First Peoples' status as the traditional owners and occupants of the land and waters. This recognition is vital as it validates their enduring spiritual, social, cultural, and economic connection to their traditional homelands. For example, in 2013, the South Australian Constitution recognised Aboriginal peoples as the "State's First Peoples and nations" and affirmed their role as "traditional owners and occupants of land and waters in South Australia". It also acknowledged the significance of their cultural and heritage beliefs, languages, and laws, which are integral to their identity and way of life.
Additionally, the inclusion of First Peoples' unique relationship with the land in the Constitution serves as a form of reconciliation. By recognising their historical and ongoing connection to the land, the Australian people can begin to address the intergenerational trauma caused by past injustices and dispossession. This recognition is a crucial step towards healing and ensuring that the mistakes of the past do not continue to negatively impact future generations.
Furthermore, constitutional recognition empowers First Peoples to have a say in decisions that directly affect their lands and waters. By having a voice in their own affairs, they can actively contribute to the protection and preservation of their cultural heritage, ensuring that their relationship with the land is respected and valued. This empowerment also enables them to address the issues that are important to them and work towards improving their circumstances and life opportunities.
In conclusion, recognising the First Peoples' unique relationship with the land is a fundamental aspect of constitutional recognition. It validates their historical and ongoing connection, addresses past injustices, and empowers them to have a say in decisions affecting their lands and waters. This recognition is a vital step towards reconciliation and ensuring that the rich cultural heritage of First Peoples is celebrated and preserved for generations to come.
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To address past injustices and intergenerational trauma
The Australian Constitution was established in 1901, and it excluded Aboriginal and Torres Strait Islander peoples from the discussions about the creation of a new nation situated on their ancestral lands and waters. At the time, Australia was considered a land that belonged to no one before European settlement, and Aboriginal and Torres Strait Islander peoples were considered a 'dying race' unworthy of citizenship or humanity.
The Constitution included two parts that referred to Aboriginal and Torres Strait Islander peoples: Section 51 (xxvi) gave the Commonwealth 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', and Section 127 stated 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'.
In 1967, the Constitution was altered through a referendum with 90.77% support to amend Section 51 (xxvi) and remove the phrase 'other than the aboriginal race in any State' and remove Section 127 entirely. These amendments allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population and for the Commonwealth government to make laws for them. However, this alteration did not grant them the right to vote in elections, recognise them as the First Peoples of Australia, or address the intergenerational trauma caused by past injustices.
While Australians today are not responsible for past wrongs, recognising the impact of intergenerational trauma and supporting Indigenous citizens to heal is essential to ensure that it does not negatively affect future generations. Constitutional recognition is a crucial step towards addressing these past injustices and promoting reconciliation. It provides an opportunity to acknowledge Australia's history and come together for a more reconciled future.
The proposed new provisions in the Constitution will include recognising Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia and providing an Indigenous Voice to Parliament. This Voice will be included in a new Chapter 9, entitled 'Recognition of Aboriginal and Torres Strait Islander Peoples', which will contain a new section 129. The Voice will be an important step towards working in close, respectful partnership with Indigenous communities and ensuring that policies are effectively targeted to improve their circumstances and life opportunities.
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To give the First Peoples a voice in their own affairs
The Australian Constitution, established in 1901, excluded Aboriginal and Torres Strait Islander peoples from discussions about the creation of a new nation on their ancestral lands. The Constitution was drafted when Australia was considered a land that belonged to no one before European settlement, and when Aboriginal and Torres Strait Islander peoples were considered a 'dying race' unworthy of citizenship or humanity.
The Constitution included two parts that referred to Aboriginal and Torres Strait Islander peoples: Section 51 (xxvi) gave the Commonwealth 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 stated that ‘in reckoning the numbers of people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted’. In 1967, the Constitution was altered through a referendum with 90.77% support, to amend Section 51 (xxvi) and remove Section 127 entirely. These amendments allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population, and for the Commonwealth government to make laws for them. However, this alteration did not recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
The Australian Human Rights Commission's Voice Referendum Educational Resource Kit highlights that the Constitution still allows for racial discrimination, not just against Aboriginal and Torres Strait Islander peoples, but against anyone. This is made possible by Section 51 (xxvi) which states that the government may make laws with respect to ‘people of any race’.
The Australian government has since recognised that there is no value in moving forward on constitutional recognition without the support of the people it seeks to recognise. The First Peoples want a voice in their own affairs and for this voice to be enshrined in the Constitution so that it cannot be abolished at the whim of a government, as other Indigenous bodies have been in the past.
By providing for the Voice in the Constitution, the Australian people will perform an act of recognition of the First Peoples of the continent in a manner chosen by the First Peoples themselves. This will also allow the Australian people to acknowledge their history and come together for a more reconciled future.
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To ensure the system of government works for the First Peoples
The Australian Constitution, established in 1901, excluded Aboriginal and Torres Strait Islander peoples from discussions about the creation of a new nation on their ancestral lands. The Constitution was drafted when Australia was considered a land that belonged to no one before European settlement, and when Aboriginal and Torres Strait Islander peoples were considered a 'dying race' unworthy of citizenship or humanity.
The Constitution still allows racial discrimination – not just against Aboriginal and Torres Strait Islander peoples but against anyone. This is made possible by Section 51 (xxvi), which states that the government may make laws with respect to ‘people of any race'.
Constitutional recognition of the First Peoples of Australia is important to ensure that the system of government works for them too. The Constitution sets out the principles that define the way democracy operates and provides the framework for the Australian federation. The proposed new provisions will provide the broad outline of the Voice and allow Parliament to legislate for its day-to-day operation.
The Australian government has been working towards constitutional recognition and an effective representative body. Recognition through a Voice is an important new chapter in Australia's relationship with the First Peoples. The Bill proposes to insert a new Chapter 9, entitled 'Recognition of Aboriginal and Torres Strait Islander Peoples', which will contain a new section 129 recognising the First Peoples of Australia.
The Voice will be in the Constitution so that it cannot be abolished at the whim of a government, as other Indigenous bodies have been in the past. By providing for the Voice in the Constitution, the Australian people will perform an act of recognition of the First Peoples of the continent in the manner that the First Peoples have chosen.
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Frequently asked questions
Constitutional recognition of First Peoples is significant because it acknowledges the history of the First Peoples of Australia and sets the stage for a more reconciled future. It is an act of recognition of the First Peoples in the manner that they have chosen and ensures that their voice cannot be abolished at the whim of the government.
The Australian Constitution, established in 1901, excluded Aboriginal and Torres Strait Islander peoples from discussions about the creation of a new nation on their ancestral lands. Amendments were made in 1967 to include them as part of the national population and allow the government to make laws for them. However, it did not recognise them as the First Peoples of Australia.
One argument is that the Australian Constitution should recognise and celebrate the ancient and enduring culture of the First Peoples. Additionally, recognising the impact of intergenerational trauma and supporting Indigenous citizens in healing from this trauma is essential to prevent it from negatively affecting future generations.
Some people argue that constitutional recognition is unnecessary and that a treaty with the First Peoples is a more appropriate course of action. Others may believe that the current model of recognition does not align with the wishes of the First Peoples.
The Australian government has taken steps towards constitutional recognition, such as the 2013 Act of Recognition and the 2016 Tasmanian Constitution Amendment. The most recent development is the 2023 referendum, which aimed to establish an Indigenous Voice to Parliament. However, it failed to gain public support.
