Recognising Aboriginal and Torres Strait Islander peoples in the Constitution

[Chief]

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):

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?)

 

[medusala]

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."

 

[tandino]

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.

 

[tandino]

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.

 

[cancat]

This thread?

http://www.bigfooty.com/forum/showthread.php?t=776306&highlight=constitution&page=4

 

[Chief]

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.

 

[Chief]

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."

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.

 

[Cap]

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.

agreed

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!

 

[tandino]

agreed

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!

the sun would go cold before that happens.

 

[tandino]

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.

 

[Cap]

yes, true.

 

[Old Skool]

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.

 

[cancat]

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?

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

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

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

 

[Old Skool]

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

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.

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

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

 

[cancat]

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

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

 

[DTRAIN87]

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.

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

 

[campbell]

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.

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

 

[Belnakor]

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

 

[Old Skool]

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

No, it really isn't.

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

 

[tandino]

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

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.

 

[medusala]

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

A sovereign people? How so?

 

[Old Skool]

A sovereign people? How so?

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

 

[medusala]

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

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.

 

[Old Skool]

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.

Are you a consensual Australian citizen?

If so, you consent and pay.

I think I should consult a first year Arts lecturer to obtain their opinion.

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

 

[campbell]

]How do the Vietnamese and Chinese feel about not being specifically included in the constiution?[/B]



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

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.