Editor, Koori Mail: A nation, like a person, should be true to itself, if it is to earn the respect of not being false in any way, at home or abroad. For Australians, this means frankly acknowledging the harmful, discriminatory treatment of the indigenous people since our formation as a nation to the present day.

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Recognising all Australians in the Constitution

A nation, like a person, should be true to itself, if it is to earn the respect of not being false in any way, at home or abroad. For Australians, this means frankly acknowledging the harmful, discriminatory treatment of the indigenous people since our formation as a nation to the present day. Such discriminatory measures have been embodied in our laws and our constitution. Most noteworthy was the falsehood of terra nullius and the White Australia policy.

While the High Court has upheld Native Title when acknowledging indigenous land rights (with limitations), remnants of racist thinking and practices still find expression in Section 51(xxvi) and Section 25 of the constitution.

From the Constitution:

Legislative powers of the Parliament.
51. The Parliament shall, subject to this Constitution, have power* to make
laws for the peace, order, and good government of the Commonwealth with
respect to…

(xxvi) The people of any race for whom it is deemed
necessary to make special laws:

Provision as to races disqualified from voting.
25. For the purposes of the last section, if by the law of any State all
persons of any race are disqualified from voting at elections for the more
numerous House of the Parliament of the State, then, in reckoning the
number of the people of the State or of the Commonwealth, persons of that
race resident in that State shall not be counted.

These sections permit the discrimination of groups of citizens due solely to their racial characteristics. Such constitutional divisive options which enable  governments to violate national fairness and harmony and pass laws affecting indigenous people (or indeed people of other races) have no place in our modern-day multicultural society, and so should be erased.

In addition, the Racial Discrimination Act 1975, which prohibits racial discrimination, should be included in the Constitution to ensure that it cannot be repealed or amended by any future parliament influenced by populism.

At a time when nationwide efforts are being made to overcome the long term marginalisation and disadvantage suffered by indigenous people, constitutional amendments that give due recognition to the unique place held by our nation’s First Peoples, who were custodians of this vast country for over 50,000 years, are needed. Such amendments will send a clear message to the nation that every Australian citizen  is safeguarded by a constitution that will  enable them to pursue happiness in a society that is fair and just.

– Keith McEwan, CLA member, Castlemaine, Vic