January 2012
© Commonwealth of Australia 2012
ISBN 978-1-921975-28-8 (print)
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Creative Commons licence
Except where otherwise noted, all material presented in this document is provided under a Creative Commons Attribution–Non-Commercial-NoDerivs 3.0 Australia licence (http://creativecommons.org/licenses/by-nc-nd/3.0/au). The details of the relevant licence conditions are available on the Creative Commons website (accessible using the links provided) as is the full legal code for the CC BY-NC-ND 3.0 AU licence (http://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode).
This document should be attributed as:
Recognising
Aboriginal and Torres Strait Islander Peoples in the Constitution: Report of
the Expert Panel
Disclaimer
The material contained in this document has been developed by the Expert Panel on Constitutional Recognition of Indigenous Australians. The views and opinions expressed in this document do not necessarily reflect the views of or have the endorsement of the Commonwealth Government or of any minister, or indicate the Commonwealth's commitment to a particular course of action. In addition, the members of the Expert Panel, the Commonwealth Government, and its employees, officers and agents accept no responsibility for any loss or liability (including reasonable legal costs and expenses) incurred or suffered where such loss or liability was caused by the infringement of intellectual property rights, including the moral rights, of any third person, including as a result of the publishing of the submissions.
Inquiries
Inquiries regarding the licence and any use of this document are welcome at:
Group Manager, Indigenous Policy and Engagement
Department of Families, Housing, Community Services and Indigenous Affairs\
GPO Box 7576
Canberra Mail Centre ACT 2610
Email: constitutional.recognition@fahcsia.gov.au
Telephone: 1800 836 422
This document is available online at www.youmeunity.org.au and at www.fahcsia.gov.au.
Editorial, design and artwork by Wilton Hanford Hanover
Index by Barry Howarth
Printed by Blue Star Print Canberra
Background to the establishment of the Expert Panel
Principles to guide the Panel's assessment of proposals for constitutional recognition
1.1 The history of the Australian Constitution
1.3 Colonisation and Aboriginal resistance
1.5 Protection and assimilation
1.6 Aboriginal and Torres Strait Islander suffrage
1.9 The 1988 Constitutional Commission report
1.10 The impact of Mabo v Queensland (No 2)
1.11 Interpretation of the altered race power after 1967
3.1 Constitutional recognition in general
3.2 A specific statement of recognition
3.3 Aboriginal and Torres Strait Islander cultures and languages
3.6 A racial non-discrimination provision/equality guarantee
3.7 Governance and political participation
4.1 Recognition in the preamble to the Imperial Act
4.2 Recognition in a new preamble or in a new section of the Constitution
4.3 Placing a statement of recognition together with a new head of power
4.4 Recognition in a new preamble accompanied by a statement of values
4.5 The content of a statement of recognition
4.8 Conclusions in relation to a new languages provision, 'section 127A'
5.1 The concept of race in the Constitution
5.3 Conclusions in relation to section 25
6.1 Australia's commitment to racial non-discrimination
6.2 Early calls for a prohibition against racial discrimination
7.1 Aboriginal and Torres Strait Islander peoples and governance
7.2 Participation and representation
7.3 Aboriginal and Torres Strait Islander representative structures
7.4 Government interaction with Aboriginal and Torres Strait Islander communities
10.1 Australia's referendum record
10.2 Simplicity of proposals for recognition