Have your say on constitutional recognition of Aboriginal and Torres Strait Islander Peoples

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The Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples and it still includes parts that contemplate racially discriminatory laws. The Constitution, which underpins Australia’s laws and institutions, can only be changed by vote at a referendum.

The Australian Government, the Opposition, the Australian Greens and the Independent members of Parliament all support recognising Aboriginal and Torres Strait Islander peoples in the Constitution, and Prime Minister Julia Gillard has proposed a referendum on this before or at the next federal election, which is due by November 2013.

There are a number of different ways that the Constitution could be changed to recognise Aboriginal and Torres Strait Islander peoples. These include:

  • a new preamble, recognising Aboriginal and Torres Strait Islander peoples
  • deleting section 25, which contemplates racially discriminatory State voting laws
  • changing or deleting the ‘races power’
  • prohibiting racial discrimination or guaranteeing equality
  • providing constitutional support for making agreements or treaties between Aboriginal and Torres Strait Islander peoples and the government
  • reserving seats in federal parliament for Aboriginal and Torres Strait Islander peoples

A referendum could propose one or more of these ideas. The changes to be put to referendum have not yet been determined, and the government has established an Expert Panel to advise it on this issue. The Panel will consult with the community and report to the Federal Government in December 2011.

The Expert Panel has set up a website, You Me Unity and have released a discussion paper as part of its consultation process. There are many ways that you can have your say in this consultation, including:

To keep up to date with the Panel’s activities, you can also follow them on twitter or facebook.

For more information, visit the Expert Panel’s website, You Me Unity or visit one of the websites listed below.

This update is based on material from the Australian Human Rights Commission, Australian for Native Title and Reconciliation (ANTaR), UNSW’s Gilbert + Tobin Centre of Public Law and Indigenous Law Centre, and You Me Unity.