The Forum > General Discussion > There Is No Place For Race In Our Constitution
There Is No Place For Race In Our Constitution
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the fundamental moral problem that has tormented our
country since 1788.
Indigenous
peoples were not represented in the constitutional
compact that made the Commonwealth. It was not answered
in 1967: the referendum empowered parliament to make
laws for Indigenous people, but it did not empower
Indigenous people with a fair say in respect of those
laws. It was not resolved in 1999: the proposed
symbolic preamble would have changed nothing, and it
failed at referendum.
Indigenous Australians have now formed a historic consensus.
They ask for constitutional recognition through a First
Nations voice in the Constitution. Not a racial
non-discriminatory clause, which was opposed by politicians.
Not uncertain symbolism in the Constitution.
They ask only to be heard in decisions made about them.
A practical reform. Not a veto, but merely a voice.
We've all heard the objections - the rejections of the
call for Indigenous Australians to have a guaranteed say
in laws and policies made about their affairs because
"all Australians are equal." That our nation's founding
document should "unify us - not divide us." However it
already divides us.
One of the problems is that our Constitution
has not ensured fairness and equality for Indigenous
Australians. Our Constitution confers upon Parliament a
special power to racially discriminate. The Race Power
was inserted, according to the Constitutional convention
debates, to control and exclude the "inferior" and
"coloured" peoples.
The Uluru Statement offers a way to recognise and empower
the First Nations of Australia to take responsibility for
their affairs, while holding the Constitution, respecting
Crown sovereignty and unifying the country.
Constitutional recognition is not about the out-dated,
pseudo-scientific concept of "race." It is about
recognising the rightful place of the First Nations of
Australia - the Wik, the Yolngu, the Yorta Yorta and the
Anangu. It is about acknowleding that there are peoples
in Australia whose pre-colonial heritage gives rise to
distinct rights and interests in their descendants
and that those people should have a say when parliament
makes changes affecting their distinct rights and interests.