TOOLKIT 2013WWW.OXFAM.ORG.AU/STUDENTSFORRECOGNITION

STUDENTS FOR REC OGNITIONTOOLKIT 2013

studentsfor recognitionTOOLKITA guide to taking action on constitutional recognition of the First Australians

TOOLKIT 2013

TOOLKIT 2013

Amending the Constitution — our chance for change.Australia’s Constitution, the founding political and legal document of our nation, is silent on tens of thousands of years of Aboriginal and Torres Strait Islander history. In fact, it doesn’t even mention Australia’s First Peoples. We need to fix this historical exclusion.

And we also need to remove discrimination — like the section of our Constitution that says people can be banned from voting based on race.

With a grassroots movement building and a political window of opportunity, now is our historic chance to write the next chapter of our nation’s story together.

What will this generation be remembered for?

What needs to be changed?In 2011 an Expert Panel, made up of a diverse group of Aboriginal, Torres Strait Islander, and non-Indigenous Australians consulted nationally on this issue, receiving 3500 submissions and holding more than 300 public meetings. The Panel found overwhelming support for change and recommended amending the following key areas:

… Aboriginal and Torres Strait Islander recognition

Australia is home to the oldest living cultures in the world — yet not one word in the Constitution testifies that long history.The Panel proposed inserting provisions into the Constitution that recognise Aboriginal and Torres Strait Islanders’ continuing cultures and relationship with traditional lands and waters. This would would be the next step in our national story; a story which began long before 1788.

… Remove discrimination

Today Australia prides itself on being a place of fairness, but our Constitution doesn’t reflect our modern values. It’s long past time that we removed race discrimination from our founding document of law. The Panel proposed that Section 25, which says the States can ban people from voting based on their race, be deleted. It’s hard to believe, but this was last used to exclude Aboriginal people from voting in Queensland, up until 1965.

It also proposed that the ‘races power’ [Section 51(xxvi)], which allows ‘special laws’ directed at the people of a particular race be deleted. Whilst this power enables government to address disadvantage, it can also be used to unfairly target particular ‘racial’ groups, and was last used to discriminate against Aboriginal people in 1998. This change would require governments must only pass laws that are beneficial for Aboriginal and Torres Strait Islander Australians.

In addition, to remove the possibility of racially discriminatory laws being made in the future, the Panel also proposed inserting a provision banning racial discrimination by governments.

… Protect language

Aboriginal and Torres Strait Islander languages are some of the most unique parts of our shared identity. The Panel proposed provisions which will help to protect and respect their unique status by stating that Aboriginal and Torres Strait Islander languages were this country’s first tongues, whilst confirming that English is Australia’s national language.

Why Now?In 1967, more than 90% of Australians voted ‘yes’ in a legendary national referendum on Aboriginal and Torres Strait Islander rights. That ‘yes’ vote came to symbolise more than the constitutional change it facilitated; it represented our nation’s support for change, equality and rights for Aboriginal and Torres Strait Islander Peoples.

But we didn’t finish the job. Our Constitution is still not free of racial discrimination, and doesn’t even mention Aboriginal and Torres Strait Islander Peoples. It’s an extraordinary omission which reflects the values of the time when the Constitution was drafted.

But momentum is building to put this right.

At a time when political agreement can seem rare, there is support across the political spectrum. But it’s now up to us to take up the challenge of our parents’ generation and remove the shameful reminders of past attitudes towards the First Australians.

Put simply, constitutional recognition of the First Australians is the right thing to do.

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01 // WHAT WILL THIS GENERATION BE REMEMBERED FOR?

What would change do?Changes would have powerful symbolic and practical effects for all Australians. They would recognise the unique status of Aboriginal and Torres Strait Islander Peoples as the First Peoples of this land and ensure that all Australians are protected from discrimination on the basis of their ‘race’, colour or ethnic or national origin.

…Reconciliation

Many Australians still feel a lingering sense of separation between Aboriginal and Torres Strait Islander, and non-Indigenous people. In part that is because of the searing events in our history in the treatment of ‘Australia’s First Peoples’. Constitutional recognition could help to repair that gap, and bring us closer together as a nation, by starting off the next chapter of our national story on the right footing.

…A fairer Australia

Change would create a fair and just Constitution that would benefit all Australians. It also has the potential to improve Aboriginal and Torres Strait Islander health and wellbeing.

Making these proposed changes will ensure the Australian Government is able to make necessary laws to improve the lives of Aboriginal and Torres Strait Islander Peoples by addressing historic disadvantage and protecting heritage and culture.

When should this happen?These important changes can only be made through a national referendum. However, Australians are notoriously difficult to convince: only 8 out of 44 referenda in Australia have been successfully passed. A failure at the polls could set relationships relationships between Aboriginal and Torres Strait Islander, and non-Indigenous Australians back another generation.

The referendum should therefore be held at a time when there is strong community support. In the meantime, an Act of Recognition, passed through Federal Parliament in February 2013, has a two year ‘sunset clause’ and will keep the campaign on the political agenda; signaling the government’s commitment to this process.

But the people must drive the issue. The latest research statistics show that Australians have low awareness about this important referendum, and political support could waver if the grassroots movement isn’t strong. The challenge ahead is to raise public awareness and make sure politicians know this is an issue of importance to all Australians.

...A once in a generation opportunityStudents have been at the forefront of many nation–changing social movements; passionate about shaping the type of future that they want to live in. Many have been unwilling to accept ideas that characterised their parents’ generation — racism, inequality and poor treatment of our nation’s First Peoples.

The opportunity to put our Constitution right needs the same groundswell of strong student leadership. Making these historic changes will leave an important legacy, much like the civil rights campaigns of the 60’s and 70’s.

A once in a generation opportunity

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DO SOMETHING:#1 - Read more about what’s proposed: www.recognise.org.au/expert-panel-report

#2 - Use your influence — have conversations on the issue with friends, family and colleagues.

#3 - Like & Share Students for Recognition on Facebook www.facebook.com/StudentsforRecognition

#4 - Sign the Students for Recognition pledge www.oxfam.org.au/studentsforrecognition

#5 - Host fun and inspiring events on campus and beyond. Contact Oxfam for support: rosem@oxfam.org.au

#6 - Connect with Recognise, the national movement for Aboriginal and Torres Strait Islander constitutional recognition: www.recognise.org.au

Students and Activism

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Why this movement needs you

In 1965, a group of Indigenous and non-Indigenous university students boarded a bus and travelled around northern NSW to expose the endemic racism that Aboriginal people faced in Australia. In what became known as the Freedom Ride, their actions brought the segregated reality of Australian life into the public eye and forced the civil rights movement onto the national agenda.

In 1967, an historic referendum passed with a record 90.77% approval rate. Its success was a result of a decade of campaigning by Aboriginal, Torres Strait Islander, and non-Indigenous people working together. Passionate students seeking a new era of justice and equality were vital allies in this campaign and drove much of the broader support for change.

The 60’s was a time of great political and social change. Today’s young people are just as critical to the Aboriginal and Torres Strait Islander rights movement. You have the capacity to influence mainstream Australians and drive the campaign for recognition in Australia’s Constitution.

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Quick Tips for Getting Involved

• Read the Expert Panel’s full report at: www.recognise.org.au/expert-panel-report

• Follow Students for Recognition on Facebook, get involved in the conversation and sign your friends up to the campaign. www.facebook.com/StudentsforRecognition

• Collaborate: find others who are passionate about this issue and work together. Try your university’s Oxfam group, Indigenous student groups, law schools or social justice societies.

• Use the Oxfam tools available at: www.oxfam.org.au/StudentsforRecognition to inform your work.

…Skill up

…Event ideas• Taking cues from the 60’s, hold ‘teach-in’s — where students get together in an informal setting and collectively discuss and learn about the issues at hand.

• Use innovative approaches like unusual locations, paste–ups or public art, food or music to engage students.

• To get speakers for more formal events, such as forums and lectures, a good place to start is your law faculty, Equity and Diversity unit or Aboriginal and Torres Strait Islander studies unit.

• Use the Oxfam Students for Recognition tools to present your message wherever possible.

• Contact Oxfam anytime you decide to host an event. Oxfam has a dedicated Indigenous Rights Advocacy Officer who can support your work and help promote your event.

• Our Constitution is missing the first chapter of Australia’s story — the part that recognises tens of thousands of years of Aboriginal and Torres Strait Islander history.

• Firstly, connect and build relationships with Aboriginal and Torres Strait Islander units, student groups and academics.

• Find allies in social justice or Aboriginal and Torres Strait Islander students’ societies.

• Encourage your supporters to blog, tweet and share Facebook updates to their networks.

• Engage with on-campus or local media.

• Lecture bash: ask to speak on the topic for a few minutes at the start of a lecture.

• Share your wisdom: blog for Students for Recognition to share campaigning techniques across campuses. Contact Oxfam to get involved.

• Cross pollinate: target relevant groups or individuals on campus with similar interests and gain their support.

Grow your supporter base

Need More?Contact Oxfam’s Indigenous Rights Advocacy Officer, for support, event ideas and more resources.

Details at: www.oxfam.org.au/StudentsforRecognition

Our Constitution also permits discrimination, such as;

• Section 25, which says that states can ban people from voting based on their race

• Section 51(xxvi), which can be used to pass laws which discriminate against people based on their race

• A referendum with wide community support is coming up

• We need to build support amongst young people to lead the movement

• Help us by signing up, talking to friends and family and getting behind the campaign - Through www.oxfam.org.au/StudentsforRecognition - Through www.recognise.org.au (the national movement for recognition)

Your ‘elevator pitch’

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What is the Constitution? The Constitution is our founding document; it is the set of rules by which Australia is run. It lays out how parliament works, what powers it has, how federal and state governments share power, and the roles of Executive Government (Ministers) and the High Court. The document came into effect in 1901, after the Australian colonies agreed to form the nation of Australia. In effect, the Constitution lays out the ‘story’ of our nation.

Aboriginal and Torres Strait Islander Peoples havelived in this land for tens of thousands of years. Recognition would simply acknowledge that first chapter of our shared story. At the moment, our Constitution mentions Queen Victoria and the British Parliament — and lighthouses, beacons and buoys — but doesn’t acknowledge the existence of the first Australians.

Changing the ConstitutionThe Constitution binds the actions of the government. Whereas legislation such as the Racial Discrimination Act has the potential to be suspended by parliament, the provisions in the Constitution cannot. The document can only be amended by a referendum.

• A referendum is a national vote on one or more question to change the Constitution. If a majority of people in a majority of states as well as a majority of people across the nation (a double majority), vote ‘yes’, then the change is approved. If not, the Constitution remains the same.

• The Constitution is also notoriously difficult to amend; only eight of forty-four referenda have ever been passed.

What’s the Act of Recognition about?In February 2013 the Federal Government passed the Aboriginal and Torres Strait Islander People’s Recognition Bill 2012 (the Act of Recognition). This Act demonstrated wide cross-party support for constitutional recognition. A joint select committee of Parliament has been established to consult further, finalise the model to put to a referendum and help build community support.

If we already have an Act of Recognition, why do we need a referendum?An Act of Parliament alone cannot change the Constitution. We, the people, have the final say over our highest legal document. A referendum will be our chance to vote to recognise the unique Aboriginal and Torres Strait Islander cultures of this land, and to end the exclusions of the past.

The Act of Recognition is only an interim step — not a substitute — for constitutional recognition. It has a two-year sunset clause in the expectation that a referendum will be held regardless of who forms government after the 2013 federal election.

Why should we recognize Aboriginal and Torres Strait Islander Peoples, but not other groups? Australia’s Aboriginal and Torres Strait Islander cultures are one of the things that makes Australia unique in the world and are every bit as much a part of our story as the system of government we inherited from Britain. When we add recognition of the first Australians to our Constitution, we will be making a conscious decision to live together in this land, respectfully — rather than living alongside and apart from each other.

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Further Links• Oxfam’s ‘get passionate about politics’ resource: www.oxfam.org.au/act/diy-campaigning/

• Oxfam’s work in Indigenous Australia: www.oxfam.org.au/explore/indigenous-australia/

• Students for Recognition on Facebook: www.facebook.com/StudentsforRecognition

• Recognise – the national campaign to recognise Indigenous Peoples in the Constitution. www.recognise.org.au

Practical or symbolic? In consultations conducted by the Expert Panel, Aboriginal and Torres Strait Islander people expressed the view that any change needed to be meaningful and practical, as well as symbolic.

Both are important. Dr Hambleton, President of the Australian Medical Association (AMA) said that recognising Aboriginal people and Torres Strait Islanders in the Constitution could help improve the health and wellbeing of Aboriginal and Torres Strait Islander Australians:

“Concerted action to recognise Australia’s unique Indigenous cultures and remove sections of our Constitution that still allow race discrimination could help to tackle health inequality, ...could help to bolster physical and mental wellbeing among Aboriginal people and Torres Strait Islanders and ...be another important chapter in efforts to close the gap.”

Recognition and respect form the basis of the types of real partnerships and participation that are a key part of overcoming historic disadvantage and closing the 10-17 year life expectancy gap.

Recognition

Do Aboriginal and Torres Strait Islander people support this? In 2011, an Expert Panel was appointed by the Australian Government made up of a diverse range of people including Aboriginal and Torres Strait Islander Elders and leaders, legal experts and representatives from across the political sphere. The Panel consulted extensively across the nation and reported to the Prime Minister in January 2012. It took 3500 submissions and held more than 300 public meetings and found overwhelming support for change.

Research by Auspoll in late 2012 found strong Aboriginal and Torres Strait Islander support for constitutional recognition. Three-quarters of Aboriginal and Torres Strait Islander people surveyed were in favour of recognition, and only 8 percent opposed it. The same overwhelming majority felt recognition would help protect against a loss of culture for future generations. As with the entire Australian community, there are diverse views among Aboriginal and Torres Strait Islander people.

CAMPAIGN FOR

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Remove Section 25 – which says the States can ban people from voting based on their race; Remove section 51(xxvi) – which can be used to pass laws that discriminate against people based on their race; Insert a new section 51A - to recognise Aboriginal and Torres Strait Islander Peoples and to preserve the Australian Government’s ability to pass laws for the benefit of Aboriginal and Torres Strait Islander Peoples; Insert a new section 116A, banning racial discrimination by government; and Insert a new section 127A, recognising Aboriginal and Torres Strait Islander languages were this country’s first tongues, while confirming that English is Australia’s national language.

The Expert Panel’s proposals

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Would these changes negate sovereignty or prevent a treaty?No. Proposals to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution and the issues of sovereignty (the power of a people to rule their own affairs) and a treaty (an agreement or compact between government and Aboriginal communities) are separate issues.

The Panel considered this from a legal perspective, consulting constitutional law experts and found that recognition in the Constitution would not have any effect on moves towards a treaty or sovereignty.

Many Aboriginal and Torres Strait Islander Peoples have campaigned for Australia to make a treaty with the First Peoples and to acknowledge sovereignty. We should recognise this proud history of activism and how it has played a role in putting constitutional recognition on the political agenda, whilst acknowledging that they are separate issues.

As respected Aboriginal leader Patrick Dodson points out, there is a distinct need for Australia to have a Constitution that “properly honours Aboriginal and Torres Strait Islander people and our long presence in this land”. Constitutional recognition could, in actual fact, be a positive stepping stone towards a treaty and recognition of ongoing sovereignty

• Read what the National Congress of Australia’s First Peoples has to say about treaty and sovereignty: www.nationalcongress.com.au/recognition

• Read what Recognise has to say on this issue: www.recognise.org.au/be-informed/faqs

• Read chapters eight (agreement-making) and nine (sovereignty) of the Expert Panel’s full report : www.recognise.org.au/expert-panel-report

The Australian Constitution does not contain a preamble, although there is a preamble to the British Act which contains our Constitution. The predominant view is that the preamble

in the British Act cannot be amended by the Australian people by referendum, meaning that a new preamble would need to be drafted.

The Expert Panel found there would be too many unintended consequences from the potential use of a new Australian preamble in

interpreting other provisions of the Constitution.

In addition, the Panel found that to include recognition solely in a preamble would be contradictory while racially discriminatory provisions remain in our Constitution. It therefore recommended

a package of change to remove such discrimination and ensure the Constitution would “reflect the values of

contemporary Australia”.

….Why not just acknowledge Aboriginal and Torres Strait Islander

Peoples in the preamble?When will or should the referendum be held?Moves are underway to hold a referendum in the next two — three years. The referendum should be held once there is sufficient support across the community to ensure the best possible chance of success. The two year sunset clause in the Act of Recognition is intended to keep the issue on the political agenda, but what’s really needed is a strong grassroots movement for change.

Further links

• Recognise, the national campaign to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution: www.recognise.org.au

• The Expert Panel’s full report: www.recognise.org.au/expert-panel-report

• Students for Recognition on Facebook: www.facebook.com/StudentsforRecognition

• Students for Recognition at Oxfam: www.oxfam.org.au/StudentsforRecognition

TOOLKIT 2013