Leslie Massey
The path to citizenship for Aboriginal and Torres Strait Islander peoples in Australia has been long and arduous. While citizenship was granted in 1948, this did not afford Aboriginal and Torres Strait Islander peoples with all the rights usually associated with citizenship. The 1967 referendum is often mistakenly believed to have granted citizenship to these groups, but in reality, it gave the federal government the power to make laws for Indigenous people and include them in the census. The struggle for equal rights and representation continues, with Indigenous Australians still facing marginalization and exclusion from the social rights granted to other Australian citizens.
| Characteristics | Values |
|---|---|
| Year of citizenship recognition | 1948 |
| Voting rights | Granted in 1962 |
| First Aboriginal member of parliament | Senator Neville Bonner in 1971 |
| First Aboriginal author | David Unaipon |
| First book of verse by an Aboriginal author | We Are Going (1964) by Oodgeroo Noonuccal |
| First Aboriginal member of parliament after 1999 | Tsebin Tchen |
| First Aboriginal member of parliament | 1999 |
| Year of Racial Discrimination Act | 1975 |
| Year of protection of Aboriginal art and folklore | 1981 |
| Year of Native Title Act | 1993 |
| Year of increase in Aboriginal population in census | 1996 |
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What You'll Learn
- Aboriginal and Torres Strait Islander peoples were granted citizenship in 1948
- This did not afford them all the rights usually associated with citizenship
- The 1967 referendum altered the Australian Constitution
- The Commonwealth Electoral Act 1962 granted Aboriginal and Torres Strait Islander peoples voting rights
- The Social Service Consolidation Act 1947 granted pensions and allowances, but only to those who renounced their Aboriginality
Aboriginal and Torres Strait Islander peoples were granted citizenship in 1948
Before 1948, all Australians were British subjects. Under the Nationality Act 1920 (Cth), all Aborigines and Torres Strait Islanders born after January 1, 1921, gained the status of British subjects. In 1949, they automatically became Australian citizens under the Nationality and Citizenship Act 1948 (Cth).
It is important to note that Aboriginal and Torres Strait Islander peoples were not given voting rights in 1948. This right was guaranteed by the Commonwealth Electoral Act 1962. The first Aboriginal member of parliament was Senator Neville Bonner in 1971.
The 1967 referendum has often been misconstrued as granting citizenship to Aboriginal and Torres Strait Islander peoples. However, this is a myth. The referendum concerned the Commonwealth's right to legislate for Indigenous people and included them in the census count. It did not address citizenship rights.
The long history of Indigenous Australians advocating for their rights and participation in decisions affecting them demonstrates their strength, resilience, and tenacity in engaging with the Australian nation-state. Despite gaining citizenship in 1948, Indigenous people have continued to face racism and exclusion from the wealth of the nation.
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This did not afford them all the rights usually associated with citizenship
Aboriginal and Torres Strait Islander peoples were granted Australian citizenship in 1948, along with all other Australians. However, this did not afford them all the rights usually associated with citizenship.
Before 1948, Indigenous Australians were denied citizenship under colony or state law and had to apply to become naturalised British subjects in the same way as aliens. The Nationality Act 1920 (Cth) granted all Aborigines and Torres Strait Islanders born after January 1, 1921, the status of British subjects, and so, in 1949, they automatically became Australian citizens under the Nationality and Citizenship Act 1948 (Cth). However, Australian citizenship was a mere formality for Indigenous Australians, as they had none of the rights and responsibilities of Australian citizenship as laid down in Commonwealth legislation.
The Social Service Consolidation Act 1947 (Cth) granted age or invalid pensions and maternity allowances only to those Aborigines who had renounced their Aboriginality and isolated themselves from their communities. Even when granted, pensions and allowances were not paid directly to Indigenous applicants.
The Commonwealth Franchise Act 1902 excluded all 'aboriginal natives of Australia, Africa, Asia, or the Islands of the Pacific except New Zealand' from voting unless they could vote in state elections. In most states, Aboriginal and Torres Strait Islanders were not able to vote. It wasn't until 1962 that Aboriginal and Torres Strait Islander peoples were granted voting rights, with the first Aboriginal member of parliament, Senator Neville Bonner, taking his seat in 1971.
The 1967 referendum further altered the Australian Constitution to give the federal government the power to make laws for Indigenous people, a power previously held by states alone. This referendum also allowed Aborigines to be counted in the census.
Despite these changes, Indigenous Australians continued to face marginalisation and exclusion from the social rights granted to Australian citizens. There is a long history of First Nations people advocating for the right to representation and participation in decisions that affect them, dating back to the early days of colonisation.
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The 1967 referendum altered the Australian Constitution
The 1967 referendum result altered the Australian Constitution to give the federal government the power to make laws for Indigenous people, a power previously held by states alone. The referendum concerned the Commonwealth's right to legislate for Indigenous people, rather than the states, and fully included Indigenous people in the census count.
Indigenous Australians were denied citizenship under colony or State law and had to apply to become naturalised British subjects in Australia before 1921. Under the Nationality Act 1920, all Aborigines and Torres Strait Islanders born after January 1, 1921, gained the status of British subjects. Therefore, in 1949, they automatically became Australian citizens under the Nationality and Citizenship Act 1948. However, this did not grant them the rights and responsibilities of Australian citizenship as laid down in Commonwealth legislation.
The Social Service Consolidation Act 1947 granted age or invalid pensions and maternity allowances only to those Aborigines who had renounced their Aboriginality and isolated themselves from their communities. Even when granted, pensions and allowances were not paid personally to Indigenous applicants but to an authority of a State or another authority or person the Director-General considered suitable.
The 1967 referendum invoked the social recognition of Indigenous people as citizens of Australia. The campaigns led by the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI) and non-Indigenous activists granted some of the formal rights associated with citizenship to Indigenous people before the referendum.
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The Commonwealth Electoral Act 1962 granted Aboriginal and Torres Strait Islander peoples voting rights
Aboriginal and Torres Strait Islander peoples were granted Australian citizenship in 1948, along with all other Australians. However, this did not automatically grant them voting rights.
Prior to 1921, Indigenous Australians were denied citizenship under colony or state law and had to apply to become naturalised British subjects in the same way as aliens. Under the Nationality Act 1920 (Cth), all Aborigines and Torres Strait Islanders born after January 1, 1921, gained the status of British subjects. In 1949, they automatically became Australian citizens under the Nationality and Citizenship Act 1948 (Cth). However, this citizenship was largely symbolic and did not confer the full rights and responsibilities of Australian citizenship as laid down in Commonwealth legislation.
Despite gaining voting rights, Indigenous Australians continued to face marginalisation and exclusion from the social rights granted to other Australian citizens. For example, the Social Service Consolidation Act 1947 (Cth) granted age or invalid pensions and maternity allowances only to those Aborigines who had renounced their Aboriginality and isolated themselves from their communities.
The 1967 referendum further altered the Australian Constitution, giving the federal government the power to make laws for Indigenous people, which was previously held by the states. This referendum also resulted in the inclusion of Indigenous people in the census count. While it did not directly grant citizenship rights, it represented a significant step towards social recognition and reconciliation between Aboriginal and settler Australians.
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The Social Service Consolidation Act 1947 granted pensions and allowances, but only to those who renounced their Aboriginality
The Social Service Consolidation Act of 1947 was a significant development in Australia's social security history. However, it continued the government's discriminatory policies against Aboriginal and Torres Strait Islander peoples. The Act granted pensions and allowances, but only to those Aboriginal individuals who renounced their Aboriginality and isolated themselves from their communities. This meant applying for exemption from state-based laws that governed Aboriginal people.
The pensions and allowances included age or invalid pensions, maternity allowances, widow pensions, and child endowment. However, it was extremely difficult for exempted Aboriginal people to obtain unemployment or sickness benefits. Even when granted, these pensions and allowances were rarely paid directly to Aboriginal applicants. Instead, they were often paid to state authorities, mission or station managers, or other individuals or entities deemed suitable by the Director-General.
The criteria for exemption were vague and subjective. In states without exemption provisions, Aboriginal individuals had to convince the Director-General that "by reason of the character and the standard of intelligence and social development of the native, it is desirable that a pension should be granted to him." This assessment of worth and assimilation further perpetuated the marginalisation and exclusion of Aboriginal people from the social rights granted to other Australian citizens.
The Social Service Consolidation Act of 1947 was a step towards recognising the social and economic rights of Aboriginal people. However, the exemptions and assessments required for Aboriginal individuals to access these rights highlight the ongoing discrimination and inequality faced by Aboriginal communities in Australia during this period.
It is important to note that even after the Social Service Consolidation Act of 1947, Aboriginal and Torres Strait Islander peoples were not afforded full citizenship rights until 1948, and voting rights were not guaranteed until 1962. The fight for civil rights and equal participation in Australian society continued well beyond these legislative changes.
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Frequently asked questions
Aboriginal and Torres Strait Islander peoples were granted Australian citizenship in 1948.
No, Aboriginal and Torres Strait Islander peoples were not granted voting rights in 1948. The Commonwealth Electoral Act of 1962 guaranteed their voting rights.
The 1967 referendum altered the Australian Constitution to give the federal government the power to make laws for Indigenous people, a power previously held by the states. It did not grant citizenship to Aboriginal and Torres Strait Islander people.
In 1975, the Racial Discrimination Act gave Indigenous Australians the right to manage their own property. The Native Title Act of 1993 recognized Aboriginal and Torres Strait Islander peoples' rights to land and waters through native titles.
Aboriginal people have a long history of advocating for their rights and representation. In 1938, the Australian Aborigines' League and the Aboriginal Progressive Association declared a Day of Mourning to draw attention to the violence, dispossession, and inhumane conditions faced by Aboriginal communities. They requested full citizenship status and rights.
