Constitutional Recognition of Australia’s Indigenous People
Current Context
Calls to enshrine an ‘Aboriginal Voice to Parliament’ in the Constitution are opposed by Prime Minister Morrison. He is on record as suggesting that such a move would have the effect of adding a ‘third chamber’ to parliament.
What Constitutional Amendment Offers
Proposals for constitutional amendment not only offer Australians an opportunity for long overdue recognition as the original inhabitants of Australia, but a protection of their interests through parliamentary representation.
There is no need to panic over the implications of recognition, as this reality has been recognised by our law since Mabo (2) in 1992.
Australians in the Preamble to the Constitution
As to who makes up Australia, the preamble to the Australian constitution provides:
WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:
And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen
The preamble clearly does not encompass all Australians. No reference is made of Indigenous people, nor for that matter of Western Australians (who were late in voting to join)
What Previously Autonomous Groups are Protected
The only specific interests the Constitution protects by Parliamentary representation are those of the States. This is specifically the case regarding equal representation in the Senate and protection of interests likely to be affected by amendments to the Constitution. In this respect the Constitution provides in s128 that —
No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
A Proposal For Indigenous Represntation in Parliament
Why not facilitate Aboriginal and Torres Strait Islander input into our legislature by setting aside seats in the Senate equal to those guaranteed to every state. In this way the original inhabitants of this Nation would be guaranteed the opportunity to protect their interests.
This tentative proposal would address the Prime Minister’s concern by not calling for the abandonment of our tradition of a bicameral parliament. It would simply update the list of people ‘governed’ separately at the time of federation.
In short I’m suggesting that our constitution should be amended to recognise the historical and current place of our Indigenous people.
Link Between Recognition and Representation
Flowing from this recognition of cultures predating European arrival, I propose that Indigenous people should be guaranteed 12 seats in the Senate and every other protection guaranteed to inhabitants of an original Australian State.
Summing Up My Proposal
My reasoning is that in line with our belated recognition of preexisting Aboriginal and Torres Strait cultures, a representation of these interests must warrant parliamentary representation, at least equal to that of preexisting inhabitants of a colony.