I've noticed confusion around some of the following topics and therefore wanted to share some details surrounding these to help clarify, I've also read up on other aspects. I have added links for verification.
Also, just wanted to give a friendly reminder of all the details around the upcoming referendum.
First though I wanted to touch on any misinformation surrounding the campaign. I feel it's crucial to distinguish what's fact or not, for healthy debate. This enables us to engage in informed and thoughtful conversations.
Amnesty International has compiled a resource to clarify common myths with facts and evidence.
I encourage everyone to read
this and other fact checking materials.
Please feel free to post any publications you find.
2023 REFERENDUM 14 OCTOBER 2023 - Recognising Australia's First Peoples
The question
A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?
The question that will be put to voters is whether to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
The Parliament of Australia has agreed to propose adding a new chapter, Chapter IX-Recognition of Aboriginal and Torres Strait Islander Peoples to the Constitution. The chapter would include a new section 129, which would be as follows:
129 Aboriginal and Torres Strait Islander Voice
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
iii. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.
When you receive a ballot paper at the referendum, you should write 'Yes' if you agree with this proposed change to the Constitution, or you should write 'No' if you do not agree.
Interactive YES and NO pamphlets are available on the
AEC Website.
The 1967 Referendum and Constitutional Constraints
The 1967 referendum in Australia marked a significant milestone in recognising the rights of Aboriginal people. It successfully removed discriminatory clauses from the Australian Constitution, enabling the federal government to enact laws for the benefit of Indigenous Australians, and garnered public support for Indigenous rights. However, despite its success, certain constitutional constraints persisted, particularly in Section 51(xxvi) of the Constitution.
Section 51(xxvi) and Constitutional Constraints:
This exception stipulates that the federal government cannot create laws for Indigenous rights in any state without that state's permission. This constitutional constraint imposes limitations on the federal government's ability to legislate uniformly across all states concerning Indigenous rights.
The Proposed Voice to Parliament:
To address these persistent constitutional constraints, the proposed Voice to Parliament referendum seeks to find a balanced solution. The Voice is designed to operate within the existing constitutional framework, enabling Indigenous perspectives to be expressed at the national level while respecting the autonomy of individual states. This approach aims to reconcile federal and state powers concerning Indigenous issues.
Although, the 1967 referendum was a crucial step forward, it did not completely eliminate all constitutional constraints related to Indigenous rights. The proposed Voice to Parliament seeks to work within these constraints to ensure that Indigenous voices are heard nationally, even in a decentralised system where states have their own legislations
Collaborative Approach
To understand how the Voice and Parliament can collaborate effectively, it's essential to consider relevant constitutional provisions:
1.
Section 109 of the Constitution stipulates that when a state law conflicts with a federal law, the federal law prevails, rendering the state law invalid.
2. Any laws required to establish and operate the Voice must align with the areas outlined in Section 51 of the Constitution.
3. In the event of a conflict between new national laws for the Voice and state laws, the national laws for the Voice take precedence and must be followed.
These constitutional sections provide a clear framework for collaboration between the Voice and Parliament to craft policies that effectively address shared challenges faced by diverse communities, such as Child Protection policies.
Understanding Discrimination, Systemic Racism and the Distinction Between Race and Culture
Discrimination refers to the unfair or biased treatment of individuals or groups due to characteristics like race, gender, age, religion, or other factors. It can contribute to the continuation of bias and misconceptions by reinforcing negative stereotypes and maintaining unequal opportunities or treatment, thereby perpetuating and strengthening prejudiced beliefs.
Systemic (or institutionalised) racism: is a pervasive and deeply ingrained form of discrimination that exists within societal structures, institutions, and policies. It involves the systematic disadvantage, exclusion, or mistreatment of certain racial or ethnic groups, often resulting from historical and structural factors. Systemic racism can be observed in areas such as education, employment, housing, criminal justice, and healthcare, where marginalised racial groups face disproportionate challenges and barriers due to these deeply rooted inequities.
Race vs. Culture: Race is a societal concept used to categorise individuals based on physical traits such as skin color, often lacking a biological basis. In contrast, culture encompasses the shared beliefs, traditions, and customs within a social group, emphasising the societal aspect of human identity.
Closing the Gap 2023 Report Summary
The third
Closing the Gap Report, released in July 2023, provides a comprehensive assessment of Australia's advancement towards specific targets aimed at bridging disparities and disadvantages among Indigenous Australians. Progressions towards the 15 targets that can be assessed has been limited, with only four on track to be met. Despite this, outcomes are improving for most targets. Of the four targets that are on track, three have had annual improvements close to double what is needed. Moreover, seven of targets that are not on track are nevertheless improving.
However, outcomes are getting worse for Aboriginal and Torres Strait Islander people in four target areas. Rates of adult imprisonment, children in out-of-home care, and suicide have all increased, and children’s early development outcomes at the start of school have declined.
Suicide is the
5th leading cause of death for Indigenous Australians.
Historical Context and International Comparisons
The current discussion centres on the proposed Voice to Parliament referendum, which aims to address the historical factors that have led to disparities and inequities within Indigenous communities in Australia. This initiative is part of an ongoing effort to rectify these issues and enhance Indigenous rights and representation. To gain a deeper understanding, I strongly recommend exploring the historical context and reviewing relevant policies, as they are easily accessible on the internet through resources like Wikipedia. This can provide valuable insights into the origins and persistence of these challenges and the vital role of the Voice in addressing them.
Aboriginal Protection Act 1869
Half-Caste Act
Aborigines Protection Act 1909
Aborigines Act 1969
The Australian Parliament House website provides an extensive overview of
ATSIC, complete with comprehensive information about its history, as well as its precursor and subsequent entities.
Furthermore, feel it's important to note that other countries have established parliamentary bodies with the key function of addressing injustices and safeguarding the cultural rights and heritage of their communities. I've attached links for the following: the
Sámi in Scandinavia,
Canadian Indigenous peoples, and
New Zealand's Māori. Perhaps you can see how this would work from a political standpoint.
Just remember, when it comes to the referendum, it's ultimately your choice. Make it count!