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by Dr Peter Lewis,  President of ANTaR Victoria (Justice, Rights and Respect for Australia’s First Peoples)

As faith communities one of our guiding values is that of respect. Respect for the beliefs of others, respect for those who seek social justice. One of the challenges the nation of Australia faces is showing respect Aboriginal and Torres Strait Islander peoples, the First Peoples of Australia.

Currently the constitution of Australia doesn’t even mention Aboriginal and Torres Strait Islander Peoples and, worse still, reflects the ‘White Australia’ policies of the nineteenth (and unfortunately 20th) centuries.

When the constitution became the legal foundation for the nation in 1901 the only mention of First Peoples was negative – the ‘natives’ were the only race over whom the Commonwealth Parliament could not make laws and the only people who could not be counted in the national census. In 1967 we changed all that by that most famous of referendums – and the Commonwealth was able to make laws and count the First Peoples. To do that it deleted all mention of ‘the natives’ – an ironic twist in the long march for Indigenous rights in this country. So the First Peoples went from a negative mention in the constitution to no mention at all.

But that’s not the only problem. Currently the constitution enables laws to be made for ‘races’ (Section 51 part 26) and allows for State Government’s to exclude particular races from voting (Section 25). The ‘White Australia’ policy still beats at the heart of our founding document.

So is that who we are? A people who do not recognise the First Peoples of these lands and waters? A people who think it’s OK to discriminate on the basis of race?

In December 2010 an Expert Panel – whose members include Aboriginal and Torres Strait Islander leaders from all sides of the political spectrum, legal experts and representatives from the major parties and the independents – was established to consult the community about changing this situation. Early in 2012, the Expert Panel released its report and made recommendations concerning recognition and removing and preventing racism. Specifically to change the constitution to:

1. Recognise the prior occupation and continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander Peoples.
2. Acknowledge the continuing relationship of Aboriginal and Torres Strait Islander Peoples to these lands and waters.
3. Remove the ability of States and Territories to bar certain races from voting [section 25].
4. Remove the capacity of governments to make laws to the detriment of Aboriginal and Torres Strait Islander Peoples or the people of any race [section 51(xxvi)].
5. Insert a protection against discrimination on the basis of race, colour or ethnicity.

The Government’s response has been to promote further community education and discussion around its recommendations. Information and occasional funding for events and activities are available through the Recognise website – www.recognise.org.au . Community education material and actions is available also on ANTaR’s website – www.antar.org.au.
The nation made a major step in 2008 when former Prime Minister Kevin Rudd apologised to Aboriginal and Torres Strait Islander Peoples. The next step on the road to justice and resetting the relationship between the First Peoples and the rest of us is to recognise the unique heritage and contribution of Aboriginal and Torres Strait Islander Peoples to Australia’s identity. And not only that, the changes suggested by the Expert Panel, if they are accepted by the politicians and the community, will also protect all of us from racial discrimination.

Changing the constitution is an opportunity for us as a nation.

As Aboriginal leader, Richard Frankland suggests: “There is a question we must ask ourselves, do we have the courage to recognise the past for what it truly is, do we have the foresight to plant seeds here in the present and do we have the wisdom to empower our descendants with a document that shapes our nation for change that embraces us all? Let’s hope so and get behind this vision for an honourable nation.”

by Dr Peter Lewis, President of ANTaR Victoria (Justice, Rights and Respect for Australia’s First Peoples)

Peter Lewis is the Manager of Policy, Research and Communication at the Victorian Aboriginal Child Care Agency (VACCA) and has been at VACCA since 2004. He was one of the founding members of the Australians for Native Title and Reconciliation in Victoria (ANTaR) and is currently its Chairperson. Peter has also been a member of Reconciliation Victoria, the National Sorry Day Committee and the Victorian Stolen Generations Sorry Day Committee.