Indigenous Recognition: Constitutional Referendum Explained

The Australian Constitution, which came into effect on January 1, 1901, is notoriously difficult to change. Amendments to the Constitution can only be made through a referendum, which requires the approval of a majority of voters in a majority of states, as well as a majority of voters across the nation. In 1967, a referendum was held to alter the Constitution to recognize Aboriginal and Torres Strait Islander peoples as equals. This referendum was the result of years of campaigning by activists and organizations advocating for the rights of Indigenous Australians. Despite the successful passage of the 1967 referendum, Indigenous Australians continue to face discrimination and disadvantage. In 2023, another referendum was proposed to establish an Indigenous Voice to Parliament, but it failed to gain support from the Australian public.

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The 1967 referendum recognised Indigenous Australians as part of the population

The 1967 referendum sought to change two sections of the Constitution in relation to Indigenous Australians. On 27 May 1967, Australians voted to change 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 Australians voted 'Yes' and every single state had a majority result for the 'Yes' vote. It was one of the most successful national campaigns in Australia's history, signalling a change in the mindset of Australia's majority.

The 1967 referendum was the result of a growing swell of support for change led by a range of people and organisations. In the late 1950s, changes in other countries towards equality and civil rights focused public attention on the injustices faced by Indigenous Australians. Human rights activist Jessie Street highlighted which sections of the constitution were impeding the Commonwealth's ability to implement policies that would provide financial assistance to Indigenous Australians. This led to the formation of the first national pressure group, the Federal Council for Aboriginal Advancement (FCAA), in 1958.

In the early 1960s, activists ran a series of petition drives to gain public support for constitutional change. The FCAA's 1962-63 nationwide campaign garnered 100,000 signatures. In May 1964, Arthur Calwell, leader of the Labor Opposition, tabled a Bill that called for a referendum to amend section 127 of the constitution. The subsequent debate focused on whether the wording of the section was discriminatory. The Bill did not pass, but public sentiment was very much for removing the two references in the constitution.

The 1967 referendum has iconic status in Australian history. It was the first time the nation came together to show overwhelming support for Indigenous people, and the first time Indigenous Australians were able to mobilise the non-Indigenous population to make that happen. However, as Joe McGinness cautioned supporters in 1967, "Winning the referendum is an important step forwards – but it is only a first step."

The referendum was the result of a decade of campaigning

Across the 1950s and 1960s, activists organised petitions to gain public support for constitutional change. The FCAA's 1962-63 nationwide campaign gathered 100,000 signatures. In 1963, the Yirrkala Bark Petitions, and in 1965, the Freedom Ride, further drove these issues into the international spotlight. In 1964, the FCAA recognised Torres Strait Islanders as a distinct people and became the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI).

In May 1964, Arthur Calwell, leader of the Labor Opposition, tabled a Bill to amend section 127 of the constitution, but it did not pass. However, public sentiment was in favour of removing discriminatory references in the constitution. In 1966, Prime Minister Menzies, who had given First Nations peoples the right to vote in 1962, set a date for a referendum in May 1966. However, his retirement in January 1966 stalled the campaign's momentum, and the coalition government, under new leader Harold Holt, postponed the poll.

On 27 May 1967, nearly 91% of Australians voted 'yes' to change the constitution, signalling a change in the mindset of Australia's majority and opening the door to First Nations Australian agency. The referendum was a resounding success, with every state having a majority 'yes' vote. It was the result of years of campaigning and a growing swell of support for change, led by a range of people and organisations.

The referendum did not grant Indigenous Australians the right to vote

The 1967 referendum in Australia was a vote to change the Constitution so that Aboriginal and Torres Strait Islander peoples would be recognised as part of the population and the Commonwealth would be able to make laws for them. It was not a vote to grant Indigenous Australians the right to vote.

Before the referendum, Aboriginal and Torres Strait Islander peoples were excluded from discussions about the creation of a new nation on their ancestral lands. The Australian Constitution, which came into effect on 1 January 1901, was drafted at a time when Australia was considered a land that belonged to no one before European settlement. Aboriginal and Torres Strait Islander peoples were considered a "dying race" not worthy of citizenship or humanity.

While many people believe that the 1967 referendum gave Indigenous Australians the right to vote, this is not true. In fact, Aboriginal people could vote at the state level before Federation in 1901; Queensland and Western Australia were the only states that expressly prevented them from voting. The right for Aboriginal and Torres Strait Islander peoples to register and vote was granted in 1962 when the electoral act was amended, although voting was not made compulsory.

The 1967 referendum was significant because it was the first time the nation came together to show overwhelming support for Indigenous people, with 90.77% of Australians voting 'yes' to change the Constitution. It was also the first time that Aboriginal and Torres Strait Islander people were able to mobilise the non-Indigenous population to make that happen.

However, the fight for equality and civil rights for Aboriginal and Torres Strait Islander peoples did not end with the 1967 referendum. In 2017, the 'Uluru Statement from the Heart' argued that Indigenous people should have greater constitutional recognition and a say in how Australia is governed. A referendum held on 14 October 2023 sought to establish an Indigenous Voice to Parliament, but it failed to gain support from the Australian public, with only 39.6% voting in favour.

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The referendum was a benchmark in overcoming discrimination

The 1967 referendum on Indigenous recognition in Australia was a significant step towards addressing discrimination against Aboriginal and Torres Strait Islander peoples. This referendum sought to amend the Australian Constitution, which was established in 1901 and had previously excluded Indigenous peoples from the democratic process and nation-building discussions. The referendum aimed to recognise Indigenous peoples as equals and ensure they were counted as part of the population, enabling the Commonwealth to make laws for them.

The referendum was proposed after a decade of campaigning and activism by Indigenous peoples and their allies. Activists like Jessie Street played a crucial role in highlighting the sections of the Constitution that impeded the Commonwealth's ability to implement policies benefiting Indigenous communities. Street's work, along with various organisations' efforts, led to the formation of the Federal Council for Aboriginal Advancement (FCAA) in 1958, which later became the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI). Their campaigns brought attention to the injustices faced by Indigenous peoples, with events like the Warburton Ranges controversy in 1957 and the Wave Hill walk-off in 1966 gaining international media attention.

The referendum was a response to the growing swell of support for change, with 90.77% of Australians voting 'Yes' to alter the Constitution. This overwhelming support signalled a shift in the mindset of the majority of Australians and opened the door for Indigenous agency and leadership. It was a benchmark moment because it demonstrated the possibility of change and inspired ongoing efforts to address discrimination.

However, it is important to acknowledge that the referendum did not grant Indigenous peoples the right to vote, as they had already gained this right in 1962. Additionally, despite the referendum's success, discrimination against Indigenous peoples has persisted. In 2017, the 'Uluru Statement from the Heart' emphasised the ongoing need for greater constitutional recognition and a say in how Australia is governed. This led to the 2023 Indigenous Voice referendum, which unfortunately failed to pass, receiving only 39.6% support.

Despite setbacks, the 1967 referendum remains a pivotal moment in Australian history, setting a precedent for the nation to unite in support of Indigenous peoples. It demonstrated the potential for positive change and continues to inspire efforts to address discrimination and advance reconciliation.

A similar referendum in 2023 failed to pass

The Australian Constitution, which came into effect on 1 January 1901, is notoriously difficult to change. Amendments to the Constitution can only be made through a referendum, which must be approved by a majority of voters in a majority of states, and by a majority of voters across the nation (a "double majority").

On 27 May 1967, Australians voted to change the Constitution so that Aboriginal and Torres Strait Islander peoples would be counted as part of the population and the Commonwealth would be able to make laws for them. 90.77% voted "Yes", and every state had a majority "Yes" vote. This was the result of a growing swell of support for change led by a range of people and organisations.

In 2023, a similar referendum was held, proposing to amend the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice to Parliament and Government. However, this referendum failed to pass. A majority of electors in each state voted against the change, as did a majority of electors nationally. The Australian Capital Territory was the only state or territory with a majority of "Yes" votes.

Analysis by DemosAU concluded that fear of constitutional change was the primary reason for the referendum's failure, with 29% of the electorate opposed to any change and 23% believing it should only be changed "if it doesn't work". The referendum also lacked bipartisan support, with the Liberal Party opposing the Voice. Despite this, the party is supportive of the Voice in New South Wales and Tasmania and had initially been supportive in Western Australia before changing their position in August 2023.

The referendum question was also deliberately vague, which may have contributed to the result. The proposal for an advisory body was developed and endorsed by Aboriginal and Torres Strait Islander leaders in 2017. It was envisaged to provide non-binding advice to the government on issues affecting Indigenous Australians, who make up about 4% of the population and face significant health, education, and infant mortality disparities.

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