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The draft bill proposed by the Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution report ( http://www.youmeunity.org.au/final-report ) recommends that the following changes to the Constitution be put to the Australian public in a referendum (chapter 11 of report linked above):
It is proposed that s51(xxvi) and insertion of s51A be proposed together, given removal of 51(xxvi) would leave a bit of legislation unconstitutional and disable the Commonwealth's ability to take 'special temporary measures' to try to rectify the past effects of discriminatory policy and actions of State and Fed governments.
(original post below, but the original thread does not seem to exist:
I know there was a thread on this, but nothing comes up in search. I'm doing an assignment on it (2500 words critique the proposals and the reasons given by the panel) and I recall the thread had some good points.
http://www.youmeunity.org.au/final-report
I've tried searching for the URL, for Kartinyeri, etc etc.
Little help?)
Schedule
Item 1
Repeal section 25 and section 51(xxvi) of the Constitution.
Item 2
Insert after section 51:
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.
Item 3
Insert after section 116:
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.
Item 4
Insert as section 127A:
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.
It is proposed that s51(xxvi) and insertion of s51A be proposed together, given removal of 51(xxvi) would leave a bit of legislation unconstitutional and disable the Commonwealth's ability to take 'special temporary measures' to try to rectify the past effects of discriminatory policy and actions of State and Fed governments.
(original post below, but the original thread does not seem to exist:
I know there was a thread on this, but nothing comes up in search. I'm doing an assignment on it (2500 words critique the proposals and the reasons given by the panel) and I recall the thread had some good points.
http://www.youmeunity.org.au/final-report
I've tried searching for the URL, for Kartinyeri, etc etc.
Little help?)