INDIGENOUS PEOPLES AND THE AUSTRALIAN REPUBLIC

'If we are to re-found Australia as a republic, and to write a new Constitution, how can we pretend that this act of national renewal can be completed without any reference to the indigenous people of this country?

How can we justify the common assumption that the republic is a separate issue from reconciliation?

Why should indigenous people be told yet again that we are not relevant to the republic?'

Mr Djerrkura OAM (May 14 2004)

Indigenous peoples continue to be told that it is a political reality in Australia that to link indigenous peoples with public law reform such as a Bill of Rights or the Republic will mean the failure of the proposals. This resignation about racism in the Australian community means that indigenous peoples issues are secondary and will be dealt with further down the track once the big picture issues have been dealt with. It creates a false dichotomy between advocacy for a republic and dealing with the great, unresolved social issue in Australia: indigenous peoples and their relationship to the Australian state. Indigenous peoples were and continue to be inextricably linked to the ongoing debate about whether Australia should become a Republic - whether republicans and monarchists agree on this fact is irrelevant.

Symbolism matters because it is a reference point for all Australians. The symbols of our nation embody our ideals. They speak to us and to other nations of our identity and beliefs. Symbols can also be a sign of change, a beacon of hope and a declaration of intent. When they reflect our aspirations, they are empowering. And there is no more fundamental symbolism, no more fundamental reference point, than the Australian Constitution. This is especially so for indigenous people

If we want to break away from the colonial past, and begin anew, then we have to walk together - hand in hand and side by side - as a truly reconciled nation. A republic that does not make the first concrete gesture towards reconciliation is a republic that walks in the footsteps of the Crown. Is this the impoverished vision of a republic we want? My answer is No. Our vision must be more substantial… My dream is of Australia as a reconciled republic.( Mr Djerrkura OAM (May 14 2004)

The 1999 referendum

The 1999 referendum was announced on 12 August 1999. Australians would be asked to vote on two proposed constitutional changes for a referendum held on 6 November 1999.  The first change was whether Australian voters approved  the proposal to establish Australia as a republic and the second change was whether they approved the proposal to insert a preamble in the Constitution. The first question asked of Australians was whether they approved of the following change:

To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the  Commonwealth Parliament.

Secondly on the preamble they were asked whether they approve of the following change:

To alter the Constitution to insert a preamble.

The preamble was intended to make reference to the first peoples of Australia. However it was a controversial exercise that began with Australia's greatest and most pre-eminent poet, Les Murray who resigned from the exercise in frustration. Prime Minister John Howard then engaged Aden Ridgeway to assist in the writing of the preamble that failed to excite the nations interest or imagination.

Links:

Australian Republican Movement

Senate Legal and Constitutional Committee inquiry 'The road to a republic'

Legal and Constitutional References Committee Discussion paper Inquiry into an Australian Republic

ATSIC submissions

Australian Republican movement

Mark McKenna

Recommendation 8

8.22  The Committee recommends that, throughout the process of moving

towards a republic, particular consideration should be given to engagement with

Indigenous Australians.

Writings on Indigenous peoples and the Republic

'A reconciled republic?' This is a speech by a former Chairman of ATSIC. He asks the question: If we are to re-found Australia as a republic, and to write a new Constitution, how can we pretend that this act of national renewal can be completed without any reference to the indigenous people of this country? How can we justify the common assumption that the republic is a separate issue from reconciliation? Why should indigenous people be told yet again that we are not relevant to the republic?

'The Preamble: The Issues', This is an article written by former High Court judge Harry Gibbs on the preamble who makes the following statement: 'Is it generally accepted that the cultures of the indigenous peoples have enriched the life of our country? One may doubt it'.

'Preamble Politics:  Problems with the 1999 Referendum & 21st Century Prospects'

The Republican Movement and Reconciliation by Mark McKenna (Tuesday 10 August 2004)

'The Treaty Debate, Bill of Rights and the Republic: Strategies and Lessons for Reform', by Professor George Williams, given that only 8 out of 44 referendums in Australia have been successful, this is useful paper that provides constructive strategy for moving forward on issues such as the Treaty debate using the Republic as an example.

Writings and transcripts on indigenous peoples and the 1999 referendum

'Preamble shamble' AM Monday 8 November 1999

First Words: A Brief History of Public Debate on a New Preamble to the Australian Constitution 1991-99 by Mark McKenna

Transcript - Prime Minister Howard on preamble

The Howard-Murray Preamble

With hope in God, the Commonwealth of Australia is constituted by the equal sovereignty of all its citizens.

The Australian nation is woven together of people from many ancestries and arrivals. Our vast island continent has helped to shape the destiny of our Commonwealth and the spirit of its people.

Since time immemorial our land has been inhabited by Aborigines and Torres Strait Islanders, who are honoured for their ancient and continuing cultures.

In every generation immigrants have brought great enrichment to our nation's life.

Australians are free to be proud of their country and heritage, free to realise themselves as individuals, and free to pursue their hopes and ideals.

We value excellence as well as fairness, independence as dearly as mateship.

Australia's democratic and federal system of government exists under law to preserve and protect all Australians in equal dignity which may never be infringed by prejudice or fashion or ideology nor invoked against achievement.

In this spirit we, the Australian people, commit ourselves to this Constitution.

The Final Proposed Preamble

With hope in God, the Commonwealth of Australia is constituted as a democracy with a federal system of government to serve the common good.  We the Australian people commit ourselves to this Constitution:

proud that our national unity has been forged by Australians from many ancestries; never forgetting the sacrifices of all who defended our country and our liberty in time of war; upholding freedom, tolerance, individual dignity and the rule of law; honouring Aborigines and Torres Strait Islanders, the nation's first people, for their deep kinship with their lands and for their ancient and continuing cultures which enrich the life of our country; recognising the nation building contribution of generations of immigrants; mindful of our responsibility to protect our unique natural environment; supportive of achievement as well as equality of opportunity for all; and valuing independence as dearly as the national spirit which binds us together in both adversity and success.

 

INTRODUCTION

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