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Recognising Aboriginal and Torres Strait Islander peoples in the Constitution

Discussion in 'Australian Politics' started by Chief, Apr 20, 2012.

Put it out there
  1. Chief

    Chief Business Time

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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?)

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  2. medusala

    medusala Premiership Player

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    This bit is interesting in the doc you linked, I was under the impression they were going to have another referendum at some stage.

    "The Panel has concluded that any proposal relating to constitutional recognition of the sovereign status of Aboriginal and Torres Strait Islander peoples would be highly contested by many Australians, and likely to jeopardise broad public support for the Panel’s recommendations. Such a proposal would not therefore satisfy at least two of the Panel’s
    principles for assessment of proposals, namely ‘contribute to a more unified and reconciled nation’, and ‘be capable of being supported by an overwhelming majority of Australians from across the political and social spectrums’. While questions relating to sovereignty are likely to
    continue to be the subject of debate in the community, including among Aboriginal and Torres Strait Islander people, the Panel does not consider that these questions can be resolved or advanced at this time by inclusion in a constitutional referendum proposal."
  3. tandino

    tandino All Australian

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    I am positive I posted in a thread on this topic, but I can't find it.

    Maybe one of your minions disposed of it Chief.
  4. tandino

    tandino All Australian

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    But on the issue itself.

    I'm against the "A" amendments, for the simple reason of I can't understand how the identification and recognition of one race and one race only can be put forward as an exercise in unity.

    There's nothing about those "A" amendements that I like.

    You want to take race out of the constitution, then fine. But don't replace it with more race.
  5. cancat

    cancat Account Cancelled by User

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  6. Chief

    Chief Business Time

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    Probably the thread I remembered, it's only talking about the announcement of the process.

    I'll turn this thread into a thread covering the report. I'll try to add things as I find them, given I've got a couple of dozen pages of notes on the report (yes, I read the whole thing) and I'm going through commentary, history of the topic of Aboriginals and the constitution and so on in the legal journals.

    Note: I'd rather be having a nasty dental operation.
  7. Chief

    Chief Business Time

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    That is in relation to sovereignty alone.

    The decision was, leave that until next time. The final proposal for a bill is in chapter 11 of the report.
  8. Cap

    Cap Premiership Player

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    agreed :thumbsu:

    how about, we just write a new constitution? One that is modern upto date and gets rid of the queen as a head of state!
  9. tandino

    tandino All Australian

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    the sun would go cold before that happens.
  10. tandino

    tandino All Australian

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    Plus, imagine what the result would be if every special interest group in the nation had their input.

    It would be chaos. The result would be thicker than Steve Waugh's autobiography.
  11. Cap

    Cap Premiership Player

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    yes, true.

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  12. Old Skool

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    I wonder how the Aboriginal and Torres Strait Islanders feel about this? Will their true wishes be swamped beneath the tyranny of the ballot box?

    Another irony is the insertion of the words "Aboriginal and Torres Strait Islander" in a document that doesn't acknowledge Australian citizenship.
  13. cancat

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    How do the Vietnamese and Chinese feel about not being specifically included in the constiution?

    Easy answer. Don't insert the words "Aboriginal and Torres Strait Islander" into the constitution.
  14. Old Skool

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    I don't think they care in the slightest. It's not as if we have any serious national identity anyway. They're all here to partake in the corporate gangbang, like every body else. Auistralia is a business opportunity, nothing more.

    That's for the "Aboriginal and Torres Strait Islanders" to decide, not you.
  15. cancat

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    No it's not. It's for all Australians to decide.
  16. DTRAIN87

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    You do realise Chinese have been in Australia since the 1850s for the gold rush?
  17. campbell

    campbell Club Legend

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    um. are you meaning that the aboriginal people are a special interest group?
  18. Belnakor

    Belnakor Club Legend

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    I would be incredibly surprised if this kind of ammendment got above 40% in any state, let alone enough to pass a referendum
  19. Old Skool

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    No, it really isn't.

    You can't force a sovereign people in to constitutional bondage on a racial premise.
  20. tandino

    tandino All Australian

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    Read the exchange between myself and Cap. I would have thought my intention was pretty clear.

    That's not saying that there's no A&TSI lobby groups or such pushing for constitutional recognition. I'm sure that they are. But I'm not commenting on that.
  21. medusala

    medusala Premiership Player

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    A sovereign people? How so?
  22. Old Skool

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    Sovereign by their birth right and their lack of consensual inclusion in the Australian Constitution Act.
  23. medusala

    medusala Premiership Player

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    I would love to have a right of consensual inclusion with the Income Tax Assessment Act. Not sure, however, that I have that as a birth right. I think I should consult a first year Arts lecturer to obtain their opinion.
  24. Old Skool

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    Are you a consensual Australian citizen?

    If so, you consent and pay.

    I think this would be a vast improvement on your current position.
  25. campbell

    campbell Club Legend

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    Who cares, they chose to come to this land.

    The Aboriginal and Torres people are the ORIGINAL inhabitants of this land. Huge difference, and insulting to even think it isnt imo.