Law Reform: Constitutional Recognition of Indigenous Australians

"A constitutional convention bringing together over 250 Aboriginal and Torres Strait Islander leaders met ... at the foot of Uluru in Central Australia on the lands of the Aṉangu people ... "

"The Australian Constitution can be amended only with the approval of Australian electors. Therefore, any proposed alteration must be put to the vote of all electors at a referendum ... "

The article discusses Eddie Mabo, the Australian Aboriginal who advocated for the political and ancestral rights of Aboriginals. In 1981 Mabo and other activists brought a legal case challenging the legal principle of terra nullius, which held that Aboriginals had no right to their ancestral homeland because Australia was unoccupied at the time of colonization. The Australian court found in Mabo's favor resulting in legal recognition of indigenous owners' land.

" 1993 was the International Year of the World's Indigenous Peoples with the theme 'A New Partnership'. This theme was echoed in Australia in Prime Minister Keating's important 'Redfern Park Statement' on 10 December 1992 launching the International Year, including his statement about the Murray Island decision itself: "Mabo is an historic decision - we can make it an historic turning point, the basis of a new relationship between indigenous and non-Aboriginal Australians."... "

"THE Prime Minister, Kevin Rudd, told a gathering in Arnhem Land yesterday that he intended to honour an election promise to recognise the rights of Aboriginal people in the constitution ... "

" ... The Australian Constitution can only be changed by referendum. A referendum is a vote by Australians over the age of 18 on a specific change to the text of the Australian Constitution ... "

The article argues the need for a constitutional reform in Australia for indigenous recognition and equality before the law. Topics covered include the purpose of the Aboriginal and Torres Strait Island Peoples Recognition Act, the importance of bipartisan support for a successful referendum and the procedures that must occur for a change in the Constitution to take place. The effect of the Mabo decision on the Constitution and the right of Aboriginal people is also discussed.

"The Constitution is the founding document of our nation and is the pre-eminent source of law. The Constitution was drafted at a time when Australia was considered a land that belonged to no one before European settlement and when Aboriginal and Torres Strait Islander peoples were considered a 'dying race' not worthy of citizenship or humanity ... "

Aboriginal Australians and Torres Strait Islanders are the indigenous peoples of Australia. They are believed to have lived in Australia for an estimated fifty thousand years. Despite this, the Australian constitution does not recognise their presence prior to European colonisation and settlement.