constitutional recognition of indigenous australians: overview

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Constitutional Change: What and Why Schools Constitutional Convention February, 2015

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Constitutional Change:

What and Why

Schools Constitutional

Convention

February, 2015

THE NEED FOR CHANGE

Society and the law

Through European eyes: inhabited

country…

Image K Galloway

“Uninhabited” country

Image K Galloway

http://www.powerhousemuseum.com/the80sareback/2010/01/the-bicentenary-of-88-celebration-survival/ Poster by Wendy Dunn

1967 referendum: was it enough?

http://www.recognise.org.au/about/expert-panel/

What do the experts say?

THE QUESTION OF RACE

Recommendation

Repeal s25 which says…

States exclude Indigenous people

from voting

Indigenous people not counted in

population figures

THE POWER TO MAKE LAWS

Recommendation

Existing power to make laws based

on race can be detrimental: repeal

s51(xxvi)

http://nicholsoncartoons.com.au/hindmarsh-island-bridge-aborigines-gap-1-7.html

Grant power to make laws but

give context: new s51A

• first occupied by Aboriginal and Torres Strait Islander peoples

Recognise

•continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and water

Acknowledge

• continuing cultures, languages and heritage

Respect

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

Acknowledging

What does advancement

mean?

http://www.abc.net.au/news/2009-07-

23/basics-card/359848

ANTI-DISCRIMINATION

Recommendation

Anti-discrimination: new s116A

Governments must not

discriminate

This doesn’t preclude

measures to overcome

disadvantage

‘One-clause bill of rights’? What

about…

Sex discrimination?

Disability discrimination?

Religious discrimination?

LGBTI discrimination?

LANGUAGE RECOGNITION

Recommendation

Language Recognition: new

s127A

The national language of the Commonwealthof Australia is English

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

OTHER THINGS TO THINK ABOUT

http://songlines.org.au/2011/05/27/no-recongition-no-treaty-no-nuclear-

dealings/

Lessons from the last

referendum…

http://www.slwa.wa.gov.au/federation/popup/115.htm

So do we want change, or not?

http://themojocompany.com/wp-content/uploads/2013/03/change.jpg

HOW ARE YOU GOING TO

VOTE?