Constitution must change, say indigenous leaders

04/Jan/2013

Comments: 19 readers have left a comment

Local Aboriginal leaders Michelle Sultan, Ashley Garlett and Theresa Walley say it is time for indigenous people to be recognised in the Australian Constitution. |Picture: Jon Hewson www.communitypix.com.au   Local Aboriginal leaders Michelle Sultan, Ashley Garlett and Theresa Walley say it is time for indigenous people to be recognised in the Australian Constitution. |Picture: Jon Hewson www.communitypix.com.au Buy this photo

WHEN the Australian Constitution came into effect in 1901, Aboriginal and Torres Strait Islander people were mentioned in no formal manner other than negatively.

Laws were expressly laid out to say indigenous Australians would not be counted as part of the nation’s population.

In fact, it was widely believed that the Aboriginal population would eventually die out, and in later years in policies reminiscent of Nazi racial eugenics, this annihilation of indigenous Australians was actively encouraged.

The 1967 Referendum amended the Constitution and removed discriminatory references to Aboriginal people.

However, now the Constitution does not mention Aboriginal and Torres Strait Islander peoples at all.

Racism may be frowned upon in the community, but the inflammatory Section 51 of the Constitution still remains.

“The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

... (xxvi) the people of any race for whom it is deemed necessary to make special laws ...”

We spoke to three local Aboriginal leaders who believe the Constitution should repeal its racist paragraphs, as well as acknowledge the contribution of indigenous Australians.

MICHELLE SULTAN, MOORTITJ KOORT ADVISORY COMMITTEE MEMBER AND ROCKINGHAM RESIDENT:

“I strongly agree we should be in the Constitution. I think that it is now time to be recognised as right now the only way they are recognised is by exclusion.

“I think it will be another step (to right past wrongs). I think some of the points that have been put forward by the panel working on this issue look at recognising Aboriginal Torres Strait Islander people and doing away with discrimination on a racial basis.

“I think it’s important for all of Australia to support. It’s a step towards all Australians working together to find creative solutions to old and new problems.

“There are everyday problems that take up a lot of people’s time and energy and they’re just as important, but I think recognition is a step towards looking at those solutions, getting people more empowered about themselves and their communities.”

ASHLEY GARLETT, SMYL COMMUNITY SERVICES MANAGER OF ABORIGINAL PROGRAMS AND WAIKIKI RESIDENT:

“I absolutely think it’s important.

“It took many years for Aboriginal people to be mentioned in the Referendum, but in order for people to develop harmony and get education of our history, our people need to be recognised in the Constitution but also able to make rights as well for certain things in regards to lifestyle.

“Education mainly, employment, as well as housing and health, which is starting to happen but needs to be constitutionally recognised. It will never fix past mistakes but it will mend mistakes in terms of us not being recognised locally or worldwide.

“Aboriginal communities need to be at the forefront of Aboriginal issues – the Government needs to allow us to make those decisions on rights for our own people.

“I think it would better already existing relationships and partnerships and it will give people a better idea of why Aboriginal people fight for rights and why we’ve been fighting ever since European settlement.”

THERESA WALLEY, ABORIGINAL ELDER, WADJAK WOMAN AND PARMELIA RESIDENT:

“For too long we have had nothing – no education, the government has taken everything from us, so what else do we have?

“It’s too long we have been considered nothing. I know because I had nothing, I’ve had to battle for everything, any little bit of crumb (including amending the Constitution) is welcome.

“Funds for Aboriginal people went elsewhere, even when the money comes it’s often wasted.

“Being in the Constitution would help increase Aboriginal people’s self-esteem.

“It’s very hard to get a job locally; a lot of Aboriginal people go and work on the mines but they cannot deal with working against the Aboriginal culture.

“They can’t be happy to destroy and dig up someone else’s land. It’s against their culture. They do feel it.”

For more information on the campaign for recognition in the Constitution, visit www.youmeunity.org.au.


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What everyone else is thinking

Stanley

22/01/2013

Is there any places around Perth or in WA that are owned and run by Aboriginal peoples, if not why not ?

Stanley

14/01/2013

There is now a government insentive for companies to be paid $1000 if they employ an aged person. The mystery here is why don't the governments apply the same insentive to companies to employ Young Aboriginal persons who could then in turn start their own business in the future who would in time employ more Aboriginal people ...

Stanley

10/01/2013

As I have said on many ocasions , "Multiculturalism was invented as a way of pushing Aboriginal peoples back out of site out of mind by importing people from other countries that look like Aboriginal peoples".

SS

10/01/2013

Extra hand outs and benefits? can anyone explain these "extras" Aboriginal people get? you want respect from Aboriginal people then take the lead and show them some respect first, its only right anglos take the lead if you consider how much you have all benefited from Aboriginal dispossession, thats what I call the biggest handout in history, if non Aboriginal people could stop failing and actually help Aboriginal people Australias unemployment rate would be over 10%, all the non Aboriginals making a living off Aboriginal disadvantage should be ashamed of themselfs, just a huge bunch of failures

Dragon

08/01/2013

On a recent trip to Cairns I was amazed at how articulate, hard working & polite the local aboriginal peoples all were, they were a delight to behold. I had several conversations & without exception they were regular people. Nothing at all like those city dwellers that we have in Perth. Hanging around, abusing people, drunk, high & disorderly, it's certainly not the way to earn my respect.
If you want change you have to earn it people, you don't have to behave in the way that many of your culture do. You are given far more opportunities than many others have, you live in a wonderful country, free from stife, & any racism towards you is earned, if you behave badly that is the way you will be viewed. I'm sure that we all have something to contribute to Australian society, make sure that what you contribute is positive then you will be respected as a person, not seen as a problem. Individuals are where changes start. Work with your young people, they need your guidence.

Stanley

08/01/2013

Respect ! How can we have respect for some of these people that sold out their most sacred cultural site of the Waugal at the Old Swan Brewery many years ago to the then Labor government to develope the foreshore under Our State Memorial. If they want Respect then the thing to do will be to stop making excuse after excuse delaying the Roe highway being completed through to Stock road for the greater combined statewide community that needs it completed OVER the wetlands section between the Northlake and South lake. Get the Roe highway finished first and show there is real indigenous community suport for a change to the constitution.

Michelle Sultan

07/01/2013

In response, Averill, I do admit my comments were a bit hurried as I had just read the article and felt proud that we'd been gven the opportunity to put forward our points of view, it was very disheartening to scroll down and read the comments below the article and to see some of the remarks that were made, whether it was about the whole article or about the Aboriginal race in general. I guess I am tired of seeing one group of people attack another when they are just as guilty of those behaviours themselves or even worse. I guess I'm tired of seeing negative comments made everytime an Aboriginal person gets up to have their say, it doesn't matter if you agree or not, all I'm interested in is whether we as a country grow. Colin, I'm sorry that you dont see it the same way, that is your interpretation and that is how you choose to see it, check the YouMeUnity webpage for further information. Have a nice day!

Colin Jones

06/01/2013

This article was egregiously biased.  She neglects to mention the very practical and subtle reasons Aborigines were originally excluded from the census but nevertheless interprets this to be negative.  She goes on to opine about some unspecified desire by the citizens of Australia for the Aboriginal population to “eventually die out” and “Nazi racial eugenics”, neither of which were motivators for the wording of the constitution and seem to be included for simple and dishonest shock effect to mislead the reader into believing we are all mostly evil racists and will be forever condemned if we don’t immediately throw out our successful constitution. Far from being a racist document, the Australian Constitution is the opposite. It does not contain "racially discriminatory provisions". It puts all Australians on an equal footing, no matter when they or their ancestors arrived here.
I look forward to balancing articles from more intelligent authors.

jackie

06/01/2013

What ever happened to just being Australian.
I don't understand why there should be more rights to one group of people than another. This is when people start getting views that they are not as worthy or don't have to fight as hard for a way of life in which every wants.On forms why ask if you are a Aboriginal or torus Islander. I can understand that the aboriginal people may not want to dig up the land, so don't get a job on the mines. Do something else. Some people believe that pork shouldn't be eaten so don't eat it. We have forgiveness days ect. When will all hearts start to forgive.Lets just be good old Aussies.

Dave

05/01/2013

I do hope my comments were not misconstrued - My comments were directed at that section of the constitution that allows government to sectionalise members of our society based on race; whatever racial origins you belong to. The perspective provided by our Aboriginal friends only enforces the wrongness of our current constitution. I am fed up with the bigotry projected by all facets of our society that prevents us from moving on and establishing a meaningful framework to establish an Australia for Australians - No matter what racial background.

Thomas

05/01/2013

I am sick and tired of this subject. If you want respect from the people who pay you to bludge then sort your people out and earn the respect you want. I am sick and tired of seeing drunken louts sitting at the bus stops and railway stations abusing themselves and everyone else around them.Their shouting and screaming in the shopping centres. When approached we are called racist ...... Look after your homes instead of destroying them and other people's homes around them. You want respect? Earn it!

averill

05/01/2013

Michelle - if you were referring to my comments, I am neither ignorant or racist. There are many aboriginal people who are upstanding citizens, and there are many that Aboriginals themselves are ashamed of. Money is wasted on houses, which are trashed, homes west and in the Northern communities, vehicles are trashed, children are not fed and clothed or sent to school. Parents are drinking their welfare money away. This is a fact, not in Rockingham or Kwinana but in the camps in NW WA and Alice Springs . The public view is that there is always a small minority who want everything, but will do nothing for their society, until they can be persuaded to do the right thing by their own people there will be problems. It is strange that many of the "stolen generation" have risen to high places in Australian Society. We are not two separate peoples, we are all one nation, - Australia. Even the first of mankind on this continent came down from Asia in the beginning !

Diana

04/01/2013

Deirdre
There was an angry letter in our state newspaper today, from a lady of the same name, about single parents. There is a remarkable similarity in tone between that letter and your comments here today. I've no doubt you've worked very hard for what you've got, but you cannot force your views on others about how they should cope nowadays. Mortgages are many times greater than the average wage now, and in the past electricity, water, gas, etc was not charged at its full cost recovery rate. Wages were less, there was less welfare, I realise that, but essentially nowadays you can add extra zeros to just about everything, and public housing is now a poverty trap, not an enabler out of it.

If Aboriginals are not properly recognized in the Constitution they can never control their own destiny. Overall, there are very many less Aboriginals than there are immigrants and subsequent generations in our country. Why begrude them their rightful place?

Michelle

04/01/2013

I must correct myself, it is the comments posted before (below) my comment (4/1/2013) that are dissappointing, not the comments above (in the article) from the very respected and hardworking Aboriginal people in the Rockingham & Kwinana community.

Michelle

04/01/2013

What nasty comments from some of the above, it is a pity when comments to articles are used as vehicles for racial hatred. For those who have provided the negative comments to this article, I implore you to get educated yourself, what rubbish you are sprouting, I'm Aboriginal, have worked from the age of 15, I have an Associate Degree, am not on any specific Áboriginal' payments, and have volunteered within the local community for a number of years, including where other non-Aboriginal people refused to help because of their own reasons. We are well aware of what the consequences of altering the Constitution mean, ARE YOU??? I can fully understand why some Aboriginal people have such hatred for non-Aboriginals with their attitudes as those shown in regards to this article. I don't hate any race, I just feel pity for your lack of education, knowledge and humanity!!

deirdre

04/01/2013

i agree, all races need to be included in the constitution. All races should be equal. Unless you have a debilitating disability, you should go out get a job & earn your way in the world. We all need help sometimes but do not think it is your God-given right to be supplied with house,car, money,education,clothes & medical care, just because of the colour of your skin!You want to be equal?!!!! Get off your high-hourse & do as the majority of us do - work!

bob

04/01/2013

its about time the aborigonals became equal! for too long they have been given extra handouts and for what? to complain even more? fixed low rate intrest loans free schooling welfare just for being aborigonal!! what a hot load! you want to be equal? to have your voice? I am happy to support you, problem being you are past equal already!

no education? you have the exact same chance as the rest of us the only racist is the one blaming the colour of their skin for their short comings. its time to wake up and take responsibility for your position colour and back ground no longer have a part in your position in life. they are what makes you you not what limits you to your position in life!

averill

04/01/2013

The Aboriginal people shold be very careful as to what they want. “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

... (xxvi) the people of any race for whom it is deemed necessary to make special laws ...”
Do they realise that this will apply to ANY race not just them? I can imagine quite a few "races" that will take advantage of this clause, and it wil not be to their betterment. There is more money poured into Aboriginal Health, Education, and Welfare proportionally than any other part of society. What needs to be done is for the 'dead wood' that oversees and distributes the money is cut and it gets to where it is supposed to go. How many times do we read that the Directors in Aboriginal funds are taking the money for their own purposes and not giving it to the community? Start to put things right yourself, whinging about the Constitution is not the way to go.

Dave

04/01/2013

Couldn't agree more - When we were asked by the Howard Government to vote on the preamble and the Republic, the Constitution was held up for scrutiny and was seen to be wanting. The Constitution needs to be reviewed and rewritten in such a manner that it reflects the multicultural make-up of our society and not that of a time when Australians promoted the White Australia policies. Any Constitution needs to be robust enough to provide a framework for future generations; ours isn’t. To promote the issue of a Republic based on the current rehashed Constitution that was reworked to support state governance interest and maintains a statement that will allow the possibility of Federal or State Governments implementing legislation that target specific sections of our society based on race - IS WRONG! Sort out the constitution and the Republic will follow.

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