Constitutional Reform - What is it all about?

The constitutional reform agenda is about recognising Aboriginal and Torres Strait Islander peoples as the First Peoples of this country as well as addressing racial discrimination in Australia’s founding legal document – the Constitution. Currently, the Constitution doesn’t contain any references to the First People of Australia. Read more about this history, & the proposed changes please read our briefing paper. 

 

Constitutional Reform Position statement

Reconciliation Victoria supports the calls of the Aboriginal community in Victoria for the long-overdue negotiation of a Treaty…

A Treaty – an agreement between governments and Aboriginal people – will address the nature of Australia’s settlement and colonial history and the ongoing impacts these have had on Aboriginal people, and provide Aboriginal people self determination over their own lives and futures, as shown by evidence to be the key to creating wellbeing. … We also believe that the Australian Constitution needs to be changed, as it currently includes racist clauses and at the same time omits Aboriginal and Torres Strait Islander peoples as Australia’s First Peoples.

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It is our understanding that both state-based Treaty discussions and the national constitutional reform agenda can be progressed alongside each other. Both will represent significant milestones in our country’s history, but they must be informed by the diverse voices of Aboriginal and Torres Strait Islander peoples if they are to be achieved.  To read our full position statement please follow this link.

 

So where are things at?

Nationally: Currently the Referendum Council is conducting national consultations and providing various opportunities for community engagement around the country. In October a discussion paper was released, they have also launched a website to host digital consultations and provide more information on constitutional reform.

The Referendum Council are seeking feedback on the following proposals via their nationwide consultations.

 drafting a statement acknowledging Aboriginal and Torres Strait Islander peoples as the First Australians, and inserting it either in the Constitution or outside the Constitution, either as a preamble in a new head of power or in a statutory Declaration of Recognition

 amending or deleting the ‘race power’, section 51 (xxvi) and replacing it with a new head of power (which might contain a statement of acknowledgement as a preamble to that power) to enable the continuation of necessary laws with respect to Indigenous issues

 inserting a constitutional prohibition against racial discrimination into the Constitution  providing for an Indigenous voice to be heard by Parliament, and the right to be consulted on legislation and policy that affect Aboriginal and Torres Strait Islander people

 deleting section 25, which contemplates the possibility of a State government excluding some Australians from voting in State elections on the basis of their race.

Recognise are continuing to build community awareness and support for constitutional reform. The Journey to Recognition is in hiatus, however they will have a strong presence at festivals and events over summer across Australia. 

In spite of there being bi-partisan support for constitutional reform, neither major party has officially responded to any of the recommendations made in numerous reports over the past few years by various, government initiated, committees. From the Expert Panel, to the Joint Select Committee to the Referendum Council, none of their recommendations have been officially responded to or addressed.

No date has been set for a referendum, next year will be the 50th Anniversary of the 1967 referendum, so there may be a symbolic gesture to hold the referendum on the anniversary of the most successful referendum in our nation’s history.

What is RecVic doing?

Reconciliation Victoria are committed to facilitating greater community awareness and understanding on the issues of Treaty & Constitutional Reform, and in particular to provide a balanced and informed voice on these issues to Reconciliation Victoria’s supporters and networks.

For more information about the Victorian Context and RecVic's involvement to date, follow this link.

Latest News

The Referendum Council have released the dates for their nation-wide dialogues in 2017. They had their first dialogue in Tasmania at the end of 2016, in February they will hold dialoges in Broome, Dubbo & Darwin. In March: Perth, Sydney, Melbourne, Cairns & Ross River. April: Ross River, Adeliade & Brisbane. In May the final dialogue will be held in the Torres Strait followed by the National Convention in Uluru. Please follow this link for more information.

Mark Leibler in The Age on the writes on the 20th December that "Sections of the media writing off the outcome of consultations around constitutional recognition, after the first of 12 discussions among Aboriginal and Torres Strait Islander Australians in Hobart just over a week ago, are selling the nation short." Read the full article, 'It's way too early to write off Aboriginal Reconciliation' here.

The first forum was held by the Referendum Council in Hobart, the key message from the meeting was “A discussion of constitutional recognition (can) only take place simultaneously with a proper consideration of treaty,” To read the full article, published in the Australian Newspaper, follow this link.

The Social Justice and Native Title Report 2016 has been released. In discussing Constitutional Recognition it states, "Despite years of processes and numerous recommendations on this issue, the prospect of reform and recognition remains uncertain. The process has continued to be hampered by a lack of political action and engagement with Aboriginal and Torres Strait Islander voices." To read the full report, please follow this link. 

For more news and information about upcoming events please visit our Latest News tab.