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Why we need constitutional reform: Indigenous recognition and equality before the law : Comments
By Shireen Morris, published 12/6/2013The conversation about constitutional recognition of Indigenous peoples presents us with an opportunity to establish some bipartisan consensus in Indigenous affairs.
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However, some of the suggested changes to the constitution are not consistent with this position. Specifically, the recognition in the constitution of a specific group of people based on their race, by definition results in the unequal recognition of other races. To break down the suggested changes to the constitution for those who may not read the link:
1. That section 25 (Provision as to races disqualified from voting) be repealed. - Reference to previous discriminatory practices, I agree.
2. That section 51(xxvi) (power to make race-specific laws) be repealed. - Agree again
3. Addition of new Section 51A, to include:
A) Recognising that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples.
B) Acknowledging the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters;
C) Respecting the continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander peoples;
These first three potential additions are themselves discriminatory, as no other "peoples" are recognized for their role in the history of this country. How would you feel if descendants of the first fleet wanted specific recognition, or perhaps "White Australians" from before the end of that policy? I know many groups of people who have significantly contributed to this land and country, many of them immigrants who could be defined as "peoples" too. However, these additions are purely symbolic.
D) Acknowledging the need to secure the advancement of Aboriginal and Torres Strait Islander peoples;
Now this addition is completely contradictory to the principle to "eliminate both adverse and preferential treatment on racial grounds." As the government is required to secure the advancement of all peoples in this country, preferential acknowledgement of this need for Aboriginal and Torres Strait Islander peoples is not needed. Other than symbolic purposes, this addition opens the possibility of facilitating the preferential treatment of these "peoples" due their constitutionally recognized special "needs".