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Constitutional recognition of Indigenous Australians facts for kids

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Constitutional recognition of Indigenous Australians is about officially recognising Aboriginal and Torres Strait Islander peoples in Australia's main rule book, the Constitution of Australia. People have been working towards this since 1910. A big part of this idea is having an Indigenous Voice to Parliament written into the Constitution. This Voice would allow Indigenous Australians to advise the Parliament on laws and policies that affect them.

Early Steps Towards Recognition

1958: FCAATSI and the 1967 Referendum

In 1958, a group called the Federal Council for Aboriginal Advancement (FCAATSI) was formed. It was the first national group to speak up for Aboriginal people. They started a big campaign to change the Constitution.

Their hard work led to the 1967 Australian referendum (Aboriginals). In this vote, Australians said "yes" to changing the Constitution. This change meant that Aboriginal and Torres Strait Islander people would be counted in population counts. It also allowed the Australian Parliament to make laws specifically for Indigenous people.

1995: ATSIC Report

In 1995, the Aboriginal and Torres Strait Islander Commission (ATSIC) released a report. It said that changing the Constitution was very important. The report found that many people supported recognising Indigenous Australians in the Constitution.

Later, Prime Minister John Howard promised a vote (referendum) on this in 2007. Labor leader Kevin Rudd also supported the idea. In 2010, Prime Minister Julia Gillard announced plans for a referendum.

Working Towards Change

2012: Expert Panel's Ideas

In 2010, the government set up an Expert Panel. Their job was to look into changing the Constitution to recognise Australia's Indigenous peoples. The panel talked to many people and received thousands of ideas.

In 2012, they gave their report to Prime Minister Julia Gillard. The report suggested removing some old sections of the Constitution. It also proposed adding new sections to:

  • Recognise that Aboriginal and Torres Strait Islander peoples were the first people of Australia.
  • Acknowledge their ongoing connection to their traditional lands and waters.
  • Respect their cultures, languages, and heritage.
  • Allow Parliament to make laws for Aboriginal and Torres Strait Islander peoples.
  • Stop discrimination based on race.
  • Recognise English as the national language and Indigenous languages as original Australian languages.

The panel hoped for a referendum that would bring the country together, like the 1967 vote. They said a vote should only happen with support from all major political parties and most state governments.

In 2013, the federal parliament passed a law called the Aboriginal and Torres Strait Islander Peoples Recognition Act. This law recognised Indigenous peoples and set up a committee to plan for a referendum.

2015: Referendum Council's Work

In 2015, a Referendum Council was created. It had 16 Indigenous and non-Indigenous members. Their job was to advise Prime Minister Malcolm Turnbull and Leader of the Opposition Bill Shorten on the path to a referendum.

The council held many meetings across the country. They listened to what constitutional recognition meant to Aboriginal people.

The Uluru Statement from the Heart

In May 2017, the Uluru Statement from the Heart was created. This important statement came from a big meeting of Indigenous people at Uluru. It suggested three main things for constitutional reform:

  • Voice: A national group that could advise Parliament on laws affecting Indigenous peoples.
  • Truth: A "Makarrata Commission" to help make agreements (treaties) between governments and First Nations. This commission would also share the true history of Australia.
  • Treaty: Formal agreements between Indigenous peoples and governments.

The Referendum Council supported the idea of an Indigenous Voice to Parliament in the Constitution. They said this body would recognise Indigenous Australians as the first peoples of Australia.

However, in October 2017, the Turnbull government said they would not support a national representative body. They worried it might become like a "third chamber of Parliament."

2018: Joint Select Committee

In 2018, another Joint Select Committee was formed. It looked at all the ideas for constitutional recognition. The committee suggested that the government should work with Aboriginal and Torres Strait Islander peoples to design "The Voice." They also said the government should then consider how to set up The Voice through laws or in the Constitution.

2019: Indigenous Voice to Government

In 2019, the government started a "co-design process" for an Indigenous Voice to government. This means Indigenous people would help design how the Voice would work.

The Morrison government said it would hold a referendum if there was strong agreement and a good chance of success. The National Indigenous Australians Agency (NIAA) website states that the government is committed to recognising Aboriginal and Torres Strait Islander Australians in the Constitution.

2022: Referendum Working Groups

In 2022, the Albanese Government announced plans for a referendum on the Indigenous Voice to Parliament. Groups were set up to plan the timing, refine the proposed change to the Constitution, and decide what information people would need for a successful vote.

Challenges and Other Ideas

Changing the Constitution is a big task. Some Indigenous leaders see challenges in getting wide support for a referendum.

The Australian Human Rights Commission supports recognising Aboriginal and Torres Strait Islander peoples in a short introduction (preamble) to the Constitution.

The idea of a treaty is also connected to constitutional recognition. A treaty is like a formal agreement between two groups. It would recognise the original ownership of the land by Indigenous peoples. As of 2020, some treaties are being worked on at the state level in Australia.

See also

  • Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013, a law to recognise Aboriginal peoples in the South Australian Constitution
  • Reconciliation in Australia
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