Australian Referendum, 1967 (Aboriginals) - Proposed New Referendum

Proposed New Referendum

In 2010 the federal government established an "expert panel" to inquire into changing the federal constitution so that Australia's Indigenous peoples would be recognised in it. This would require a new referendum: Constitution s 128. After wide-ranging consultation and receiving thousands of submissions, the panel delivered its report to Prime Minister Julia Gillard on 19 January 2012. The report recommends the removal of Constitution ss 25 and 51(xxvi), and the insertion of new ss 51A, 116A and 127A:

Section 51A Recognition of Aboriginal and Torres Strait Islander peoples

Recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples;

Acknowledging the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters;

Respecting the continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander peoples;

Acknowledging the need to secure the advancement of Aboriginal and Torres Strait Islander peoples;

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 Aboriginal and Torres Strait Islander peoples.

Section 116A Prohibition of racial discrimination

(1) The Commonwealth, a State or a Territory shall not discriminate on the grounds of race, colour or ethnic or national origin.

(2) Subsection (1) does not preclude the making of laws or measures for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group.

Section 127A Recognition of languages

(1) The national language of the Commonwealth of Australia is English.

(2) The Aboriginal and Torres Strait Islander languages are the original Australian languages, a part of our national heritage.

The panel recommends that there be a single referendum—in which, in particular, removal of s 51(xxvi) and insertion of the new s 51A would be proposed together, so that the validity of legislation that depends upon s 51(xxvi), such as the Native Title Act 1993 (Cth), would switch immediately from s 51(xxvi) to s 51A. The panel seeks a referendum process that will be nationally unifying and not divisive, with an eventual level of public support similar to that in 1967. To that end, it proposes that the referendum be preceded by "a properly resourced public education and awareness program" and "should only proceed when it is likely to be supported by all major political parties, and a majority of State governments". If the federal government were to prefer different changes, the panel advises, it should return to consultation with the Aboriginal and Torres Strait Islander peoples.