WHAT DOES IT MEAN?
The recommendations, if carried through in full, will support a reconciled, unified Australia, which embraces Aboriginal and Torres Strait Islander Peoples as a full and equal part of the Australian nation.
All changes are in the body of the constitution rather than adding a token preamble.
The recommendations suggest removing both s.25 which refers to States disqualifying people of a certain race from voting at State elections and s.51 (xxvi) which gives the Federal Parliament the power to make special laws for people based on race. But to avoid unintended consequences for existing laws, the panel recommends essentially replacing s.25 and s.51(xxvi) with s.51A, which will replace the power of the Parliament to make the poorly defined ‘special laws' for people based on race, with a more specific power to make "laws for the peace, order and good government with respect to Aboriginal and Torres Strait Islander peoples".
This provides all Australians protection from harmful discrimination based on race while also allowing for the continuation of positive measures like native title or laws to protect the culture and heritage of any group.
- s.51A also provides recognition of Aboriginal and Torres Strait Islander peoples' as our first peoples and their continuing connection to land, water, culture and heritage.
- S.116A affirms that Governments cannot discriminate on the basis of race but with a clause to prevent this from undermining the specific powers in s.51A.
- S.127A is a declaratory provision, which provides important cultural recognition without impacting on the workings of the law and is a way to recognise without giving rise to any unintended consequences
WHAT HAPPENS NOW?
Constitutional Change is a Three Stage Process
- The Government must determine the text of the question which will be asked in a referendum and introduce a bill into Parliament. The Expert Panel has already drafted a bill which could be adopted by the Government, so there is no need for delay at this stage.
- The bill must successfully pass through both houses of Parliament, along with a bill which authorises it to spend money on a referendum. This is why multi-party support is so important for success and why the Expert Panel included members from the Opposition, the Greens and the Cross-Bench in order to work through the possible questions and build consensus for the final recommendations.
- Finally, the Australian people must vote yes to the proposed change. Change will only occur if the referendum achieves a double majority - that is a majority of all Australians vote yes AND a majority yes vote in at least four states. This is where each Australian citizen will finally have an opportunity to cast their vote in support of Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples.
TAKE ACTION
Download the Final Report of the Expert Panel for more details about the recommendations, their implications and the road to implementation.
Spread the word
Talk to family and friends about what a referendum could achieve and why it's important to you.
You'll find a range of talking points here, including responses to some common misconceptions about constitutional change.
Make your voice count
Show your support by writing to the Prime Minister and asking her to act on recommendations of the panel. Click here to get started
And don't stop there - write to the Opposition Leader, the cross benchers and your local politicians at both the state and federal level to let them know you want all sides to work together and give their support to the recommendations.
Some things to mention when writing letters about Constitutional Recognition
- State that you support the recommendations of the Expert Panel.
- Ask for commitment to a referendum based on the final recommendations of the Panel.
- Note that the recommendations were made unanimously by the Panel and are the culmination of a broad consultation process that included many conversations with Aboriginal and Torres Strait Islander Peoples, respected constitutional lawyers, extensive research and submissions from the public.
- Give lots of detail about why recognition and reconciliation is important to you.
MORE INFORMATION
