Constitutional Recognition

17 June 2011

Avant Card

A Referendum for recognition

The federal Government has agreed to hold a national referendum on constitutional recognition of Aboriginal and Torres Strait Islander peoples by the time of the next election, due in 2013.

ANTaR welcomes the plan for a referendum and is determined to do all we can to work with others to bring about a positive outcome. We would welcome your support for this campaign.

Are we there yet?

ANTaR's Reconciliation Progress Report Are we there yet? assesses progress in the ten years since the December 2000 Final Report of the Council for Aboriginal Reconciliation. We are very grateful to Professor Patrick Dodson for launching this report. The Report makes a number of recommendations aimed at resetting relationships, respecting rights and resourcing reconciliation activities and groups.
Photo: Education Network Australia
Find out more

Recent Developments and Information

End of the Consultation Process

The Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples wrapped up their consultation period on September 30. Over 3400 submissions were received by the Panel and over 70 public consultations were held in metropolitan, regional and remote communities across Australia. ANTaR National took part in the Sydney consultations at the end of September.

After canvassing the thoughts and ideas of Aboriginal and Torres Strait Islander and non-Indigenous Australians across the country, the Panel is now considering those views as they prepare their report to Government.

Letter from the National NGO Network to the Expert Panel

ANTaR, along with a number of other members of the National NGO Network on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples (‘the Network’), have written a letter to the Expert Panel to express our jointly held views on the nature of changes we believe should be made to the Australian Constitution.

Endorsing Organisations:
* Amnesty International Australia
* Australian Council of Social Service
* Australian Council of Trade Unions
* ANTaR
* Caritas Australia
* GetUp!
* National Aboriginal and Torres Strait Islander Catholic Council
* National Aboriginal & Torres Strait Islander Women's Alliance
* National Association of Community Legal Centres Inc
* National Sorry Day Committee
* Oxfam Australia
* Public Interest Advocacy Centre
* Uniting Church in Australia Assembly
* Women's Legal Services NSW

Submission to the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

ANTaR recently made a submission to the Expert Panel, in which we set out our vision for meaningful and lasting change: a set of Constitutional reform proposals which we believe can help build a Constitution free from discrimination and which gives positive recognition to the First Peoples of Australia.

July 2011 - Constitutional Recognition Top Priority, says poll

A survey carried out by the National Congress of Australia's First Peoples has found almost 90% of respondents rate Constitutional Recognition as a number one current issue.
Report from SBS News.

Expert Panel on Constitutional Recognition Established

An Expert Panel has been appointed by the federal government to lead the public debate and consultation on possible options for constitutional change and will report their findings at the end of 2011.

The Expert Panel website.
Follow the Expert Panel on YouTube!
Sep 2011 - Read a Communique from the Expert Panel, which provides a brief overview of the consultation process so far
May 2011 - Their Discussion Paper and a Guide to the Issues. 18 May
Read the Communique from the Expert Panel detailing their commitment to "an extensive schedule of consultations which includes meetings and discussions across urban, regional and remote Australia" - 4 May
Read the 2nd Communique from the Expert Panel - 16-17 March
Read the 1st Communique from the Expert Panel - 16-17 February

The Royal Australian and New Zealand College of Psychiatrists has recently issued a paper on the possible mental health benefits of Constitutional recognition
View the paper here.

May 2011 - The Australian Human Rights Commission has released a new paper:Constitutional reform: Creating a nation for all of us.

The Law Council of Australia has released a discussion paper outlining options for Constitutional reform. Read the full paper here. (PDF 300kb)

Megan Davis and Dylan Lino of the Indigenous Law Centre discuss Constitutional reform and Indigenous peoples: Options for amendment to the Australian Constitution in a paper available from Australlian Policy Online.

17 May 2011 - Audio/video of a forum hosted by University of NSW's Indigenous Law Centre on Constitutional Reform, with Megan Davis,Mick Gooda, George Williams, Les Malezer, Paul Kildea and April Long.

ANTaR's National President, Dr Peter Lewis, issued a statement on Australia Day, emphasising the opportunity the proposed referendum presents: Australia Day an opportunity to start rethinking the nation

History

Poster from 1967 Referendum

The Australian Constitution is currently silent on the history, status and rights of Aboriginal and Torres Strait Islander peoples. It also contains a number of racially discriminatory provisions.

ANTaR supports reform of the Constitution to rectify this situation by recognising the specific status and rights of Aboriginal and Torres Strait Islander peoples and removing all racially discriminatory elements.

The referendum, which has received in-principle cross-party support, presents an historic opportunity and a great challenge for addressing some of the ‘unfinished business’ of reconciliation.

ANTaR has called on the Federal Government to take full advantage of this significant opportunity and make the necessary funding increases to educate the community about the importance of recognition and the history of our Constitution, its omissions and prejudices.

"These issues of reconciliation, treaty and self-determination will remain recurring themes on Australia’s domestic agenda until there has been
some step to counter the exclusion of Indigenous peoples from the creation and development of the modern Australia nation-state."
Larissa Behrendt

"Constitutional reform is more than just symbolism. The positive effect on our self-esteem, the value of our culture and history, and the respect it marshals from others can make real differences to the lives of indigenous
Australians everywhere." Mick Gooda

What could change look like?

In our recent report Are we there yet? three key priorities were highlighted to progress this debate and ensure that the status and rights of Indigenous Australians are recognised and protected:

A new preamble to the Constitution which recognises the unique place, history and rights of the first Australians;
Removal of section 25 of the Constitution, which enables to states to exclude people of a particular race from voting, and introduction of a new section making it unlawful to adversely discriminate against any people on the grounds of race. and
The amendment of the current ‘race power’, section 51 (26), to ensure equality and non-discrimination. This power can currently be used for the benefit or detriment of people of a particular race.

"What is still needed is a positive citizenship for indigenous Australians: a positive recognition of our status as the country's indigenous peoples and yet sharing a common citizenship with all other Australians". Noel Pearson

"Right now we need to deal with the one issue of the indigenous recognition." Lowitja O'Donoghue

Timeline: The Road to Constitutional Recognition

June 2007: Former Prime Minister John Howard makes landmark address on Constitutional Recognition at the Sydney Institute.

August 2010: The election platforms of the Australian Labor Party, the Coalition and Australian Greens all include a commitment towards constitutional recognition.

November 2010: The Gillard Government announces start of active work on Constitutional recognition with support from Coalition, the Australian Greens and the Independents in the House of Representatives.

November 2010: The Gillard Government announces an Expert Panel to lead the public consultation and debate and report back to Parliament in December 2011.

February 2011: Expert Panel meet for first time in Canberra
Read more information about the Expert Panel

What Action has ANTaR Taken so far?

ANTAR has been advocating through the media:

Making Policy Submissions

ANTaR has made a submission to the Expert Panel, which sets out ANTaR’s vision for meaningful and lasting change: a set of Constitutional reform proposals which we believe can help build a Constitution free from discrimination and which gives positive recognition to the First Peoples of Australia.

ANTaR has provided a pre-Budget submission to Treasury detailing a range of areas where further funding is needed to address the Government’s stated goals and reduce Indigenous disadvantage. This includes funding for community education on the need for constitutional recognition.

Building a case around the issues through our Reports

For the full story see

Fact Sheets:
ANTaR Fact Sheet Constitutional Recognition
ANTaR Fact Sheet Treaty
Reconciliation Australia Fact Sheet Indigenous Australians and the Constitution
Reports
Megan Davis and Dylan Lino Constitutional reform and Indigenous peoples: Options for amendment to the Australian Constitution
Indigenous Law Centre Constitutional Reform and Indigenous Peoples