Lexi Webster
The Australian Constitution, established in 1901, initially included discriminatory sections that referred to Aboriginal and Torres Strait Islander peoples. While the Constitution was altered in 1967 to remove these sections, it did not introduce new wording that recognised Aboriginal and Torres Strait Islander peoples in any context. Since then, there have been growing calls for constitutional reform to recognise Indigenous Australians in the document and address historical injustices. This has included various proposals for symbolic recognition and substantial changes such as prohibitions on racial discrimination and the protection of languages. While constitutional reform alone will not rectify historical injustices, it is argued that it represents an important step towards forging a more unified and inclusive national identity, addressing deep-seated inequalities, and positively impacting the self-esteem and mental health of Aboriginal and Torres Strait Islander peoples.
| Characteristics | Values |
|---|---|
| Recognition of Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters now known as Australia | |
| Recognition of the First Peoples of Australia | |
| Prohibitions on racial discrimination | |
| Protection of languages | |
| Addition of new institutions | |
| Recognition of the past and continuing relationship of Aboriginal and Torres Strait Islander people with Australian land | |
| Improvement in the self-esteem and mental health of Aboriginal and Torres Strait Islander people | |
| Improvement in the physical health of Aboriginal and Torres Strait Islander people | |
| Building stronger relationships of trust and mutual respect between Aboriginal and Torres Strait Islander peoples and other Australians | |
| Improvement in the human rights of Aboriginal and Torres Strait Islander people | |
| Improvement in the voting rights of Aboriginal and Torres Strait Islander people |
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What You'll Learn
- The Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples
- Constitutional reform: recognising Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters
- The 1967 Referendum: amending the Australian Constitution to include Aboriginal and Torres Strait Islander peoples in population counts
- The impact of constitutional recognition on the self-esteem and mental health of Aboriginal and Torres Strait Islander peoples
- The process of changing the Australian Constitution: the requirements for a referendum to pass
The Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples
The Australian Constitution, established in 1901, does not recognise Aboriginal and Torres Strait Islander peoples. Initially, the Constitution included two parts that referred to Aboriginal and Torres Strait Islander peoples: Section 51 (xxvi) gave the Commonwealth the power to make laws regarding people of any race "other than the Aboriginal race in any state". Section 127 excluded Aboriginal natives from being counted in the national population count.
In 1967, the Australian Constitution was altered through a referendum, which saw the removal of these two sections. This allowed Aboriginal and Torres Strait Islander peoples to be included in the national population count and for the Commonwealth to make laws for them. However, this change did not introduce new wording that recognised Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.
The lack of recognition in the Constitution has been a long-standing issue for Aboriginal and Torres Strait Islander peoples, with various proposals put forward for constitutional reform. While constitutional reform alone will not rectify historical injustices, it is seen as a critical step towards forging a more unified and constructive national identity. Recognition would also positively impact the self-esteem and mental health of many Aboriginal and Torres Strait Islander peoples.
In 2023, a referendum was held, asking Australians if they approved of altering the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Unfortunately, this proposal was not agreed upon by the majority.
Despite the challenges, there have been some positive milestones in the journey towards recognition and equality. For instance, the 2008 Apology, the Closing the Gap initiatives, and the resilience demonstrated by Aboriginal and Torres Strait Islander communities in their ongoing struggle for equal rights and recognition.
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Constitutional reform: recognising Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters
The Australian Constitution, which came into effect on 1 January 1901, initially included two sections that specifically referred to Aboriginal and Torres Strait Islander peoples. Section 51 (xxvi) gave the Commonwealth the power to make laws regarding people of any race "other than the Aboriginal race in any state". Section 127 excluded Aboriginal natives from being counted in the national population count.
In 1967, a referendum was held to alter the Constitution, which saw 90.77% of Australians voting 'Yes' to remove these discriminatory sections. While this change allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population and for the Commonwealth to make laws for them, it did not introduce new wording that recognised them in any context.
Constitutional recognition of Indigenous Australians refers to proposals for changes to the Constitution to recognise Indigenous Australians as the first peoples of Australia. Various proposals have been put forward, including symbolic recognition, prohibitions on racial discrimination, the protection of languages, and the addition of new institutions.
In 2012, a report was presented to Prime Minister Julia Gillard, recommending the removal of Constitution sections 25 and 51(xxvi) and the insertion of new sections recognising Aboriginal and Torres Strait Islander peoples. The report also suggested substantial changes, such as prohibitions on racial discrimination and the protection of languages. On 12 March 2013, the federal parliament passed the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013, which recognised the Indigenous peoples of Australia and required the establishment of a committee to advise on a referendum date for these proposals.
In 2023, a referendum was held, asking Australians if they approved of altering the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Unfortunately, the proposal was not agreed upon.
Constitutional reform to recognise Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters now known as Australia is a critical step towards reconciliation. While it will not rectify historical injustices on its own, it represents an important step towards a more unified and diverse national identity. Recognition would positively impact the self-esteem and mental health of many Aboriginal and Torres Strait Islander peoples, helping to address the deep-seated inequality experienced by these communities.
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The 1967 Referendum: amending the Australian Constitution to include Aboriginal and Torres Strait Islander peoples in population counts
The Australian Constitution, which came into effect on 1 January 1901, establishing the Commonwealth of Australia, is a living document that continues to shape Australia. However, it has been criticised for its discriminatory provisions towards Aboriginal and Torres Strait Islander peoples.
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, headed "Aborigines not to be counted in reckoning population", 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".
The 1967 Referendum aimed to address these discriminatory provisions by proposing two changes to the Constitution: amending Section 51 (xxvi) to remove the phrase "other than the Aboriginal race in any State" and removing Section 127 entirely. This would allow Aboriginal and Torres Strait Islander peoples to be included in the national population count and enable the Commonwealth to make laws for them.
The referendum, held on 27 May 1967, saw an overwhelming majority of Australians—90.77%—voting 'Yes' to the changes. This represented a significant shift in the mindset of the majority of Australians and opened the door for First Nations Australians to have a voice in political decision-making.
While the 1967 Referendum was a landmark moment in Australian history, it is important to note that it did not introduce new wording that specifically recognised Aboriginal and Torres Strait Islander peoples in the Constitution. The idea of including explicit recognition of Aboriginal and Torres Strait Islander peoples in the Constitution was later proposed in 2010 by then Labor Party leader Julia Gillard, but it has yet to be realised.
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The impact of constitutional recognition on the self-esteem and mental health of Aboriginal and Torres Strait Islander peoples
The Australian Constitution, which came into effect on 1 January 1901, establishing the Commonwealth of Australia, has been amended several times. However, it did not introduce new wording that recognised Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia. 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 allowed the Commonwealth government to make laws for them. However, this did not grant them the right to vote in elections, recognise them as the First Peoples of Australia, or address the deep-seated inequality and discrimination they have historically faced.
The Royal Australian and New Zealand College of Psychiatrists (RANZCP) has called for substantive constitutional reform to support the mental health and human rights of Aboriginal and Torres Strait Islander peoples. While constitutional reform alone will not rectify historical injustices, it is argued to be a critical step towards a more unified and constructive national identity. Recognition of Aboriginal and Torres Strait Islander peoples in the Constitution would positively impact the self-esteem and mental health of many individuals, families, and communities. It would also benefit all Australians by reinforcing collective national pride in the rich heritage, culture, and history of Aboriginal and Torres Strait Islander peoples.
The RANZCP supports the establishment of an Aboriginal and Torres Strait Islander advisory body to guarantee an Indigenous voice in political decision-making. This advisory body could monitor the use of the constitutional head of power that allows the Commonwealth government to make laws for Aboriginal and Torres Strait Islander peoples. Such a body, democratically elected, would ensure that the broader Aboriginal and Torres Strait Islander population has input into political processes. Evidence suggests that self-determination and supportive societal structures can be protective factors against negative mental health outcomes.
Furthermore, recognising Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters now known as Australia is essential. This recognition would address the deep-seated inequality experienced by these communities, reflected in their lower life expectancy and higher disease burden compared to the broader Australian population. Australia has a responsibility to address historical policies that have caused trauma spanning generations and continue to impact the present. Constitutional reform is a vital step towards reconciliation and ensuring that all Australians are treated with equality, respect, and justice.
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The process of changing the Australian Constitution: the requirements for a referendum to pass
The Australian Constitution was established in 1901, and it included two parts that referred to Aboriginal and Torres Strait Islander peoples. Section 51 (xxvi) gave the Commonwealth the power to make laws concerning "people of any race, other than the aboriginal race in any state". Section 127 stated that "in reckoning the numbers of people of the Commonwealth, or of a State... 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. This allowed Aboriginal and Torres Strait Islander peoples to be counted as part of the national population and enabled 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 deep-seated inequality they experience.
Constitutional reform, including recognition of Aboriginal and Torres Strait Islander peoples as the traditional owners of the land and waters now known as Australia, is seen as a critical step towards reconciliation. While it will not rectify historical injustices on its own, it represents an important step towards a more unified and inclusive national identity and can positively impact the self-esteem and mental health of Aboriginal and Torres Strait Islander communities.
The Process of Changing the Australian Constitution
Changing the Australian Constitution was intentionally designed to be challenging. The framers of the Constitution wanted to prevent it from being altered based on temporary fluctuations in public opinion or crises. They also sought to ensure that control over the Constitution rested in Australian hands, rather than being dependent on external entities like Westminster.
To amend the Australian Constitution, the following steps are required:
- Approval by Parliament: The proposed change must start as a bill in the Australian Parliament. It must be approved by an absolute majority of each house of parliament (Senate and House of Representatives). If it cannot be approved by both houses, it can be passed twice by an absolute majority of one house, with an interval of at least three months between votes.
- Referendum Initiation: Once approved by Parliament, the bill is submitted to the electors. The referendum must take place between two and six months after the bill is passed.
- Double Majority Requirement: For the referendum to pass and the Constitution to be amended, a "double majority" must be achieved. This means that a majority of voters across Australia must approve the change, and the change must also be approved by a majority of voters in a majority of states (at least four out of six states).
This process ensures that any changes to the Australian Constitution reflect the will of the people and have broad support across the nation and its states.
Requirements for a Referendum to Pass
For a referendum to pass and result in a change to the Australian Constitution, the following requirements must be met:
- Double Majority: As mentioned earlier, a majority of voters nationwide must approve the change, and it must also be approved by a majority of voters in at least four out of six states. This ensures that support for the change is distributed across the country and is not limited to a single region.
- Voting Eligibility: Referendums are open to Australian citizens aged 18 and over, and voting is compulsory for this demographic. The votes of residents of the Australian Capital Territory and Northern Territory are counted in the national total but not towards the count of states.
- Clear Question: The referendum question should be straightforward, asking voters to approve or disapprove of the proposed change. Voters write "Yes" or "No" on their ballot papers to indicate their preference.
In summary, for a referendum to pass and lead to a change in the Australian Constitution, it must secure the approval of a majority of voters in a majority of states. This process ensures that any amendments to the Constitution are supported by a significant portion of the Australian population and are not based on fleeting shifts in public sentiment.
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Frequently asked questions
Recognizing Aboriginal and Torres Strait Islander peoples in the Constitution would allow Australia to move forward in the spirit of partnership and unity and to fully embrace the uniqueness and diversity that is the essence of Australia. This would also have a positive effect on the self-esteem of Aboriginal and Torres Strait Islander peoples.
The Australian Constitution, which came into effect in 1901, initially did not recognize Aboriginal and Torres Strait Islander peoples as part of the Australian population. This allowed the states to create their own policies, leading to dispossession, oppression, and control of their lives. The states enacted Aboriginal Protection Acts, giving them the legal right to remove children from their families.
In 1967, a referendum was held, and 90.77% of Australians voted to change the Constitution. This removed discriminatory sections and allowed Aboriginal and Torres Strait Islander peoples to be included in population counts and for the Federal Parliament to legislate for them. However, this did not grant them the right to vote or recognize them as the First Peoples of Australia. In 2010, the federal government established an Expert Panel to inquire into changing the Constitution to recognize Indigenous peoples, and a report was presented to the Prime Minister in 2012. Despite these efforts, a referendum in 2023 on recognizing the First Peoples of Australia was not agreed upon.
